The following Policy shall apply to members of the non-unit professional and classified staff who are employed part-time or full-time in regular positions, whether funded from state appropriations or continuing trust funds (i.e., trust funds without a terminal date), excluding the President, the Chancellors, and certain Athletic Coaches. The President shall have authority to implement and interpret this Policy.
A. Compliance with Law and Regulations and University Policies
The University and its employees will comply with all applicable federal and state employment laws and regulations, including, without limitation, M.G.L Chapter 268A and 268B, and including any related post-employment reporting obligations, as well as all additional disclosure requirements set out in any Administrative Standards promulgated by the President pursuant to this Policy as well as any Board of Trustees policies, and policies promulgated on the campus level.
B. Employment Status
Non-unit University employees serve at the pleasure of the Board of Trustees, acting by and through the President or Chancellor, and are, therefore, employees “at will”: the University or the employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the provisions contained in ¶¶ I(C), (D), and (E) below.
C. Employment Contracts
Notwithstanding ¶ I(B), above, with the approval of the President, non-unit University employees may be appointed pursuant to a contract of employment, not to exceed 3 years; provided that any such contract of employment is expressly conditioned upon continued satisfactory performance, adherence to applicable state and federal laws and regulations and University policies, the availability of funds, and the Administrative Standards that are issued to implement this Policy.
D. Termination from University Employment for Reasons Other than Cause
Except for terminations for cause and termination of non-unit University employees funded through external funds, the University will provide notice of termination from University employment, or, at the discretion of the University, payment in lieu of notice, in accordance with the Administrative Standards that are issued to implement this Policy.
E. Termination for Cause
Prior to terminating an non-unit employee for cause, the University will give the employee notice and an opportunity to respond to the basis for the termination.