EIU Board of Trustees

SECTION II. Employees

A. Employees Generally

1. Coverage

   This Section II applies to all Eastern Illinois University ("the University") faculty, administrative, civil service, and other employees of the Board of Trustees ("the Board") unless otherwise provided by these Regulations, by relevant state or federal laws, including, but not limited to, personnel policies adopted by the Illinois Board of Higher Education in compliance with the State Officials and Employees Ethics Act ("Ethics Act"), 5 ILCS 430/1-1 et seq., by the terms of applicable collective bargaining agreements, or any pertinent written employment contracts.

2. Authority to Employ

   The Board is the employer of all faculty, administrative, civil service, and other University employees. All civil service employees within the University are employed in accordance with the provisions of the State Universities Civil Service Act, 110 ILCS 70/36b et seq., as amended, the Ethics Act, and the rules of the Merit Board, and are entitled to all the rights and subject to all the requirements contained therein.

3. Delegation of Authority

   1. Board approval shall be required for creation, elimination, or significant modification of the position of any Vice President. The President shall inform the Board of the appointment, promotion, resignation, retirement, or other event concerning the employment of any Vice President.
   2. Board approval shall be required for the award of tenure, the final, involuntary separation of an employee to be effective during the term of an employment contract, the final approval of contracts with any collective bargaining representative, and, where applicable, creation, elimination, or modification of the categories of appointment specified in paragraph 4. below.
   3. All other appointments and promotions shall be made by the President, who has the authority to sign all papers necessary to effect the same.
   4. Acceptance of an employee's resignation may be made by the President or his or her designee on behalf of the Board.

4. Categories of Employment

   1. a. Faculty employees shall be categorized as follows:
      1. Type of Appointment: (a) Probationary, (b) Tenure/tenure-track and (c) Temporary;
      2. Rank: (a) Lecturer, (b) Instructor, (c) Assistant Professor, (d) Associate Professor, and (e) Professor; and
      3. Bargaining Unit Status
   2. Administrative and professional employees shall be employees that are not categorized as faculty members, civil service employees, or other employees.
   3. Civil Service employees shall be categorized pursuant to guidelines established by the President in accordance with the State University Civil Service System.
   4. Other employees as defined in Article II, Section 3.D.

5. Appointment Procedures

   1. Adoption of Appointment Procedures

      The University shall develop procedures for the appointment (including acting appointment) of faculty, administrative, and civil service, and other employees. The procedures shall contain such provisions as are necessary and appropriate and shall be: (a) consistent with the Board's delegation of authority in Section II.A.3.; (b) consistent with the Board's commitment to diversity and nondiscrimination in employment practices; and (c) consistent with the Board's policy on participation in university governance. The procedures and any changes shall take effect when approved by the President. The President shall submit a copy of the procedures and any changes to the Chairperson.

   2. Policy on the Avoidance of Nepotism or the Appearance thereof by Administrative Officers

      1. All University employees who have control or influence over decisions involving the use of public resources or authority have the responsibility to exercise that control or influence in a manner which maintains public confidence in the integrity of institutional decision making processes. This responsibility includes the expectation that, in their exercise of this control or influence, employees shall avoid nepotism and creating the appearance of nepotism as well as other forms of conflict of interest. This expectation is generally best enforced through such normal processes of institutional shared governance and self-regulation as the submission of the decision in question to open review by disinterested third parties or the withdrawal from the decision making process of those persons who may directly or indirectly influence the process for the benefit of family members.
      2. To attract high-quality employees to the University it may be desirable to occasionally hire family members or members of the households of Administrative Officers of the University. In those situations where the employment decision-maker is the President, the President shall recuse himself or herself from any decision making involving said family or household member. Any such employment decision shall be made by the Chairperson of the Board /designee. In those situations where the employment decision-maker is a Vice-President, the Vice-President shall recuse him/herself from any decision making involving said family or household member. Any such employment decision shall be made by the President. In either instance, the President or Vice President shall not be present during any such activity nor intervene on behalf of his/her family or household member with any employee of the University on any matter involving said family or household member's employment, promotion, tenure, discipline, compensation or any employment related matter of whatsoever kind or nature; provided, however, that the President or Vice President may take action applicable to all employees generally, even though such action may incidentally involve the President's or Vice President's family or household member. In all instances, the Board or Executive Committee shall approve the hiring decision of a family or household member of the President or of any Vice President.
      3. This policy shall not apply to employment decisions made before its adoption. The President shall be responsible for ensuring compliance with this policy by the campus.

6. Educational Requirements

   1. The University shall develop a policy concerning the educational requirements necessary for appointment to faculty rank, including:
      1. the minimum educational requirements necessary for appointment;
      2. any exceptions to the minimum requirements; and
      3. such other provisions as are necessary and appropriate.
   2. A policy on educational requirements shall become effective when approved by the President. The President shall submit a report to the Board when any educational requirements are changed.

7. Position Descriptions

   A description shall be prepared for each administrative position, including Chairpersons excluding the position of President, whose position is described in the Board's Governing Policies, and for each civil service position. The President shall develop guidelines for the preparation, review, modification, and maintenance of position descriptions.

8. Administrative Organization

   An organization chart of the administrative structure shall be prepared for the University. A current version of the organization chart of the University shall be annually submitted to the Board Chairperson.

9. Employee Benefits

   1. Eligibility

      The following provisions apply to faculty, administrative, and civil service employees not covered by a collective bargaining agreement, subject to the eligibility requirements stated in these Regulations.

   2. Military Leave

      1. An employee who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia (National Guard) shall be granted administrative leave for any period actively spent in such military service, including:
         1. basic training;
         2. any special or advanced training;
         3. annual training; and
         4. active duty or deployment
      2. During such leaves, the employee's seniority and other benefits shall continue to accrue.
      3. During leaves for annual training, the employee shall continue to receive his/her regular compensation. During leaves for basic training and for up to sixty (60) calendar days of special or advanced training, if such employee's compensation for military activities is less than his/her compensation as an employee of the University, the employee shall receive his/her regular compensation as an University employee, minus the amount of his/her base pay for military activities. The deduction of military pay from the compensation of an University employee shall be reflected in the first payroll prepared after verification of the amount of the employee's military pay.
      4. A member of the National Guard (or other state military component) who is called to temporary active duty in case of civil disturbance or natural disaster declared to be an emergency by the Governor; called for active duty by the federal government, may receive a combined wage from the University and the military equal to, but not exceeding, the employee's straight time daily rate for work days absent. If the daily rate received for temporary active duty exceeds the daily rate of the employee from the University, the employee may elect to accept the higher rate in which instance the employee shall receive no compensation from the University as the case may be. The amount of compensation received for temporary active duty shall be reported to the university within thirty (30) days after release from temporary active duty. Appropriate adjustment to offset the amount received shall be made in the next regular payroll. Time used for temporary active duty shall not be deducted from the time allowed for regular military training periods in accordance with the preceding paragraphs.

   3. Administrative Leave for Court Required Service

      1. An employee who is summoned for jury duty or subpoenaed as a witness before a court of competent jurisdiction or as a witness in a proceeding before any federal or state administrative agency shall be granted administrative leave with pay, upon presentation of a duly authorized summons to the supervisor. Any jury or witness fees shall be turned over to the University.
      2. In granting an administrative leave for jury duty or job related court appearances, employees shall be expected to work on any given day only the number of hours that, when added to the hours required to be at court, equal the normal workday for the employee. Employees may be granted the use of accrued leave or compensatory time for work hours to equal their normal work day, when added to the hours required to be at court. Employees may be requested to present a court voucher to verify dates and hours of service.
      3. No employee shall be given administrative leave with pay for:
         1. appearing as a party in a non-job related proceeding involving such employee;
         2. appearing as an expert witness when the employee is compensated for such appearance;
         3. appearing as a plaintiff or complainant in a proceeding involving such employee; or
         4. appearing as a plaintiff or complainant in a proceeding in which the University is a defendant or respondent.

   4. Benefits While on Compensated Leave

      1. An employee shall earn vacation leave and sick leave while on compensated leave other than educational leave or administrative leave.
      2. An employee on compensated leave may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Civil Service Act, 110 ILCS 70/36b et seq., so permit.
      3. Upon return to the University from a compensated leave, an employee's salary shall be adjusted to reflect nondiscretionary increases that the employee would have received if not on leave.

   5. Emergency Leave

      1. If an emergency arises (such as a natural disaster, civil uprising, terrorist attack, etc.) in which the safety, health, or welfare of employees is a matter of concern, the President may order employees to absent themselves from work with pay.
      2. Civil Service employees ordered to absent themselves from work under such circumstances shall not lose seniority because of such absence.
      3. Employees not excused from work under such circumstances who fail to report for work as scheduled may be denied compensation for such absence.

   6. Implementing Policies

      The University may develop policies implementing the benefits specified above. The policies and any changes shall become effective when approved by the President.

10. Outside Employment

    An employee's participation in outside employment must be consistent with the employee's obligation to the University as the primary employer and is subject to such conditions as may be imposed by federal or state law or the terms of a collective bargaining agreement. The President shall establish guidelines concerning outside employment.

11. Retirement

    1. Employees are subject to the statutes and rules governing the State Universities Retirement System or any other retirement system designated by the Board.
    2. An employee who is receiving a retirement annuity from the State Universities Retirement System ("SURS") may be employed at the University, subject to the limitations outlined by the SURS state statute, 40 ILCS 5/15-101 et seq.

12. Voluntary Tax-Deferred Retirement Plan

    1. In accordance with the applicable provisions of the Internal Revenue Code, 26 U.S.C. � 1 et seq., and the State Finance Act, 30 ILCS 105/1 et seq., the Board has adopted a Section 403(b) elective deferral program for its employees including, through investment, Section 403(b) annuity contracts and Section 403(b)(7) custodial accounts. This plan shall be known as the "Voluntary Tax-Deferred Retirement Plan".

       1. Approval of Companies

          No companies shall write tax deferred annuity contracts or provide custodial accounts for investment in regulated investment company stock under this plan unless they are approved by the Board upon the recommendation of the President/designee.

       2. Conditions of Agreement With Employees

          Each person now employed or hereafter employed by the University shall, while this plan remains in effect, have the privilege of electing to participate in the Voluntary Tax-Deferred Retirement Plan in consideration for which the University shall pay the amount of adjustment in earnings agreed to by the employee to any of the companies approved by the Board.

       3. Administration of Voluntary Tax-Deferred Retirement Plan

          1. This plan shall be administered by the President/designee who shall have the authority to prescribe such additional guidelines, not inconsistent herewith, as are deemed appropriate for accomplishing the purposes herein set forth.
          2. The Board may remove a company from the Board's list of approved companies at any time. Such removal shall not affect the rights of University employees who have commenced contributions to the company prior to the effective date thereof but shall preclude the company from issuing additional tax-deferred retirement contracts to University employees.

13. Official Residence, Office, and Automobile

    1. The Board shall provide the President with an annual housing allowance at a rate to be determined by the Board. The housing allowance shall be used for expenses including, but not limited to, rental or mortgage payments, taxes and assessments, insurance, and maintenance of the residence and its grounds, housekeeping, furnishings and other related items. The President is expected to be available by phone or other appropriate device in order to maintain contact with the institution and perform official duties on an on-call basis.
    2. The President shall conduct official entertainment at the President's residence from time to time each year. The University shall pay for catering costs of such entertainment, and any other reasonable expenses related to such entertainment at the President's residence.
    3. Prior Board approval shall be required for each project involving the construction, remodeling, furnishing, or refurbishing of the office and conference areas of the President if the aggregate expenditures for labor, materials, or furnishings for the project, irrespective of the source of funds, will be ten thousand dollars ($10,000) or more by the time the project is completed or if all such projects relating to the President's office or conference area will total ten thousand dollars ($10,000) or more in a fiscal year. Requests for Board approval of such projects shall be accompanied by a description of the project, a project budget, and a statement of justification.
    4. The Board shall provide the President with an automobile for official business and personal use.
    5. The President shall review his/her travel and other reimbursable expenses quarterly with the Chairperson/designee.

14. Employees Licensed to Practice Law

    Unless appearing pro se, University employees who are licensed to practice law may not represent any person or entity in any litigation, administrative proceeding, or other matter (other than proceedings conducted pursuant to Board or university regulations or procedures or a collective bargaining agreement to which the Board is a party) in which any of the following is an adverse party: the Board, the University, or Board employees.

15. Labor Relations

    1. Authority for the negotiation, administration, and coordination of all collective bargaining agreements and overall responsibility for labor relations activities is delegated by the Board to the President, subject only to Board approval of collective bargaining agreements.
    2. No collective bargaining agreement shall be effective or implemented until first ratified by the certified employee representative and then approved by the Board.
    3. All collective bargaining agreements shall be signed by the President and appropriate Vice President after all necessary approvals are received from the Board.

16. Copyright and Patent Policies

    1. Copyrights

       1. The Board recognizes that the creation of scholarly materials can be of benefit to the author and the University and thus is to be encouraged. Therefore, the Board's copyright policy is intended to foster the traditional freedoms of faculty, staff, and students with regard to the creation and publication of copyrightable works. At the same time, this policy is intended to provide a fair and reasonable balance of the interests in such works among authors, sponsors, the Board, and the University.
       2. Works subject to copyright include, but are not limited to, the following:
          1. books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals;
          2. lectures, dramatic or musical works, and unpublished scripts;
          3. films, film strips, charts, transparencies, and all other visual aids;
          4. pictorial, graphic, and sculptural works;
          5. audio and video tapes, cassettes, compact discs, digital recording, etc.;
          6. programmed instruction materials; and
          7. computer programs, websites, internet blogs, and podcasts.
       3. Under federal copyright law the right to copyright any of the above, or the right to assign any rights to a publisher or producer, normally belongs to the work's author. However, in the case of a "work for hire," the employer or other person for whom the work has been prepared is considered the copyright owner. Ownership in copyrightable works produced by authors who are faculty, staff, or students at the University shall remain with the faculty, staff, or student authors except in the following situations, in which ownership of all rights in copyrightable works produced shall belong to the Board (for the benefit of the University):
          1. works prepared under an agreement with an external party (e.g., a grant or contract) where the terms of the agreement require the University to hold or transfer ownership in the copyrightable work;
          2. works expressly commissioned in writing by the Board or the University; or
          3. works created as part of the employee's assigned duties and activities, excluding: (i) works created as part of sabbaticals or employee-initiated research release time or (ii) works submitted to journals for publication. (However, works created as part of an employee's unassigned duties and activities are not considered to be "works for hire," and ownership of copyrights for these works shall remain with the author.) If an author is uncertain about the ownership of a work arising out of a particular assignment, before undertaking the assignment the author shall be entitled to request in writing and to receive a clarifying written statement from the President of the University. The ownership of works created as part of the employee's assigned duties or activities may be specifically discussed or addressed in that employee's employment contract. If the University and any individual employee have reached a negotiated agreement concerning the ownership of such works, that agreement shall prevail over this subsection.
       4. If more than half the cost of production of a copyrightable work not considered a "work for hire" hereunder was provided through university resources, the faculty, staff, or student author shall grant the University an irrevocable, non-exclusive, royalty-free license to use, copy, and sell such work in connection with its teaching, research, and public service programs.
       5. With respect to copyrightable works owned or used by the University pursuant to paragraph (3) or (4) above, the author may be required to execute such documents as are necessary to vest ownership or a royalty-free license to copy, use, and sell such works by the Board or its designee and to warrant that such works do not infringe any pre-existing copyright.
       6. When the Board or the University commissions the preparation of a copyrightable work by an author who is not a University faculty or staff member or student, the contract with such author shall specify that the work shall be considered a "work for hire."
       7. Works owned by the author may be copyrighted, published, and distributed by the author, or by others to whom the author has assigned such rights, subject only to any license referred to in paragraph (4) above. Authors may request that the work be produced through the University. If such a request is granted, an agreement shall be drawn up specifying the duties of the author and the University, the distribution of any income received between the author and the University and other mutually agreed upon terms. The agreement shall be approved by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.
       8. To avoid the appearance of impropriety, faculty-authors who require their students to purchase or rent their works should:
          1. donate the equivalent amount of any royalties received from such purchases to the University for use in an appropriate fund (e.g., department or college scholarship); or
          2. consider other appropriate methods of divesting themselves of the equivalent amount of any such royalties.
       9. In the event that income is received by the Board or the University from any copyrightable works belonging to the Board, an appropriate share shall be paid to the author. The amount of said share shall be determined by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.
       10. The University's share of copyright income shall be used and controlled in ways to produce the greatest benefit to the University and to the public in a manner to be determined by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.

    2. Patents

       1. The principle is recognized that discoveries, inventions, and patents which are the result of research carried on by, or under the direction of, faculty, staff, or students on university time, with their facilities, or from funds under their control belong to the Board (for the benefit of the University) and shall be used and controlled in ways to produce the greatest benefit to the University and to the public.
       2. Patentable inventions or discoveries covered by paragraph (1) above shall be submitted to the appropriate research administrator or committee to be considered for submission to a research corporation which may patent and commercialize the invention or discovery without expense to the inventor or discoverer or to the University. If an invention is not submitted to or accepted by such research corporation, its disposition shall be determined by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.
       3. In the event that a University employee obtains a patent using University resources, an appropriate share of the income and ownership of said patent shall be paid to the inventor or discoverer. This share is to be determined by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.
       4. Agreements with sponsors, which provide that the sponsor may determine disposition of patentable inventions or discoveries, may be accepted when required by applicable state or federal statutes or when the action of the Board in waiving its rights to such inventions or discoveries is determined to be in the public interest. Any such waiver requires the approval of the President of the University.
       5. The share of any income to the Board resulting from the commercial development of inventions or discoveries shall be used primarily for support of further research. Such use shall be determined by the President for the University, after considering the recommendations of the Provost and the appropriate research administrator or committee.
       6. Approval by the President shall be required for use of the name of the University in advertising or promoting commercial development resulting from research.

    3. University Policies, Copyrights and Patents

       The University may develop policies implementing the provisions of paragraphs a. and b. above. Any changes to such policies shall become effective after approved by the President after consultation with the Board of Trustees.

17. Governing Law

    The benefits described in these Regulations shall be subject to the applicable provisions of state and federal law, and such benefits shall be automatically modified or terminated as required by such law or any amendment or repeal thereof.