Categories of Employees

1
Categories of Employees

• MSU has a complex system of human resources
  which includes diverse categories of employees
  with unique legal implications for each category
  in terms of recruitment, hiring and termination
  of employment

2
faculty

• Faculty are employees of the university who are
  engaged in the teaching, research and service
  missions of the university.

3
faculty

• Tenurable Faculty Tenured and tenure track
  (also known as probationary) faculty hired to
  engage in the teaching, research, and service
  mission of the University who have an academic
  title and an appointment which is eligible for
  tenure as defined in MUS Policy 706.1 (see
  Faculty Handbook Section 500.00).
• "Nontenurable Faculty" Adjunct faculty appointed
  to an academic position which supports the
  instructional mission of the University.

4
classified

• Employees who perform duties assigned to
  positions within the Montana University System
  Staff Compensation Plan.

5
classified

• Union Employees classified employees in
  positions that are part of a collective
  bargaining unit.
• Union Exempt Employees classified employees
  in positions that excluded from the collective
  bargaining unit because of their status as
  confidential, supervisory and managerial
  employees.

6
classified

• Classified Fixed Term - A classified employee
  whose employment is limited to a specified period
  not to exceed a period of one (1) year. A fixed
  term employee is not a permanent employee and has
  no continuing right to the position upon
  expiration of the term. Classified fixed term
  employees may be union or union-exempt.

7
contract employees

• Eligible executives, administrative and
  professional employees employed by contract to
  perform administrative and professional work.
  The terms and conditions of employment are
  determined by the contract terms.
• For additional information on each category see
  Recruitment and Hiring Manual

8
Eligibility Criteria for Contract Employees

• To be eligible, all Contract Employees must be
• union exempt, and
• meet the Montana overtime exemption criteria, and
  
• paid, as salaried workers, no less than the FLSA
  wage rate for overtime exempt positions
  regardless of FTE or,
• if paid less then the FLSA minimum salary, cannot
  work more than 40 hours in a week.

9
contract professional

• Non-classified, non-faculty professional or
  administrative employees WHO PERFORM WORK THAT
  IS AUTONOMOUS IN NATURE OR INVOLVES POLICY-MAKING
  AUTHORITY and who meet the eligibility criteria
  for Contract Professional Employees.
• See Recruitment and Hiring Manual, Section
  224.00 and BOR Policy 711.1 and 711.2.

10
Additional MSU Criteria for Contract Professional
Positions

• Nature of the position should be commonly
  associated with the management and administration
  of colleges and universities in the United States
  as identified in the Position Descriptions
  section of the CUPA-HR Mid-Level Administrative
  and Professional Salary Survey , and
• http//www.cupahr.org/surveys/files/salary06/2005
  -0620Midlv20positions.pdf

11
Additional MSU Criteria for Contract Professional
Positions

• Perform specific, identifiable functions that are
  autonomous in nature and
• execute, under only general supervision,
  assignments and tasks, that are specialized or
  advanced in nature and establishing policies or
  directives for the unit and

12
Additional MSU Criteria for Contract Professional
Positions

• Meets one of the following specific criteria
• reports to president, provost, vice president,
  vice provost, or executive director and works
  directly with policies, general business
  operations, or budgets of institution or
  significant subdivision thereof, or
• reports to and directly expedites or implements
  the work of a University executive, dean, or
  director in the administration of the University
  as a whole or of a college, division, department,
  or other subdivision of institution, or
• works directly with management policies, general
  academic or business operations, or the budget of
  a division, college, or major subdivision, or

13
Additional MSU Criteria for Contract Professional
Positions

• develops curricular, instructional or educational
  assessment materials, curates major museum,
  scientific or artistic collections, or develops
  distance learning, or
• provides direct service to students and/or
  advises students on academic options, program and
  graduation requirements, career opportunities,
  conduct expectations, or other requirements and
  responsibilities, or
• Is a certified or licensed mental health and
  health provider, or

14
Additional MSU Criteria for Contract Professional
Positions

• Is an artist, actor, musician, accompanist, film
  or television director, or other Fine Arts
  professional whose work is original and creative
  and depends primarily on the invention,
  imagination or talent of the employee, or
• conducts independent research under minimum
  supervision, frequently developing research
  protocols, supervising the work of others, and
  reports the results of research in publications
  and presentations, or
• coach or assistant coach of an intercollegiate
  sport, or

15
Additional MSU Criteria for Contract Professional
Positions

• IT employees who
• develop IT policies, resources and protocols
  across institutions, MUS system, or within the
  institution as a whole,
• supervise and administer IT resources,
  interactions, protocols and data management
  requirements for colleges or major subdivisions
  of the institution, planning and implementing
  long term, enterprise-wide hardware, soft ware,
  fiber optic, and WIFI acquisitions, operations
  and systems, monitoring and maintaining data
  integrity systems and ensuring system security,
  and/or
• designing and instituting IT systems, cooperative
  agreements, and connectivity protocols that
  implement research goals, share data and enable
  scientific research and analysis.  

16
Additional MSU Criteria for Contract Professional
Positions

• IT contract employees should have only minimal
  responsibility for day to day technical
  operations or solving user initiated problems,
  and
• usually have supervisory responsibilities over
  other IT staff and/or joint reporting
  responsibilities to both a senior administrator
  and the ITC director.

17
executive employees

• Employed by a Board of Regents Employment
  Contract
• President
• Vice President
• Provost
• Vice Provost
• Legal Counsel
• Associate Legal Counsel

18
research employees

• employees fully funded by research or other
  extramural grants under contract to the
  university to perform work which advances the
  research grant and extramural funded programs of
  the university
• See, Recruitment and Hiring Manual, Sections
  222.40 and 223.00

19
research employees

• Research Faculty Employees with qualifications
  commensurate with tenurable faculty funded fully
  from research grants
• Research Professionals Non-faculty,
  non-classified employees who perform work
  specified in grants with minimal or no academic
  or instructional responsibilities. E.g., Research
  Scientists, Research Engineers, Research
  Associates
• Postdoctoral Research Associate/Postdoctoral
  Scholar Employees engaged in advanced
  scholarship or research. Requires a terminal
  degree subject to minimal supervision and
  expected to publish as a primary author

20
Categories and employment instruments

• Employee Category
• Faculty
• Tenurable Faculty
• Nontenurable Faculty
•  
• Classified Employees
• Union Employees
• Union Exempt Employees
•  
• Contract Employees
• Executive Employees
• Professional/Administrative Employees
•  
• Research Employees
• Research Faculty
• Research Professionals
• Research Associates
•  
• Coaches

21
Reappointment, Resignation, Termination and
Non-Renewal

• Classified Employees generally have a right to
  continuing employment once they have completed
  the probationary period. May be terminated only
  for cause once they have completed probationary
  period. May resign at any time at least two
  weeks notice is recommended.
• Probationary employees may be terminated at any
  time for any reason, except discriminatory
  reason, during probationary period.
• Limited Term Classified Employees are entitled
  to employment only for term. Once term expires a
  search is necessary to fill the position.

22
Contract Employees Contract employees entitled
to employment only as specified in the contract.

• MUS Contract Professional Employees annual
  contract with right to reappointment unless
  notice of non-renewal is given within specified
  time frame 1,3, or 5 months prior to expiration
  of contract. May be terminated for cause or
  loss of funding for the position.
• Contractually bound to serve contract term but
  may resign with approval of university within
  contract term

23
Letter of Appointment LOA professional/administr
ative and research employees

• Appointments are temporary and/or funded through
  funding that may not be available from year to
  year
• Maximum term is one year
• If contingent upon continuation of funding - may
  be terminated at any time during the term of the
  LOA upon 15 working days written notice
• Appointment automatically ends without notice at
  the end of term with no right to continuing
  employment
• Bound to serve contract term but may resign
  with approval of university within contract term

24
non-tenured faculty

• Adjunct Faculty Not eligible for tenure,
  primarily assigned instructional
  responsibilities. Serve short term instructional
  needs of the department not met by tenure/tenure
  track faculty
• Maximum term usually one academic year.
  Limited exception for up to five years
• LOA automatically ends without notice at end of
  term with no right to reappointment or
  continuing employment.
• May be terminated for cause (or in some cases
  loss of funding) within LOA term
• Bound to serve LOA term but may resign with
  approval of university within term

25
tenure/tenure track faculty

• Perform teaching, research and service with
  opportunity to gain tenure upon faculty review
  and approval by Provost, President and BOR
• Terms and conditions of employment in Faculty
  Handbook and BOR and university policies
• Tenure Track - annual contract with right to
  reappointment unless notice of non-renewal given
  within specified time frame - March 1 the first
  year of service, December 15 the second year of
  service, and June 30 for third or later years of
  service
• Once tenure awarded right to reappointment from
  year to year may only be terminated for cause
• Bound to serve contract term but may resign
  with approval of university within contract term