4.01 DEFINITIONS

See Definitions.

4.02 SCOPE OF CHAPTER

Actions concerning personnel matters affecting professional personnel shall be taken in accordance with this chapter and the ABOR-PM 6-301 et seq., Conditions of Professional Service, as amended.

4.03 DUTIES AND RESPONSIBILITIES OF PROFESSIONAL PERSONNEL

Duties of professional personnel shall consist of those responsibilities assigned by the President or by an appropriate administrator designated by the President. All duties and responsibilities shall be carried out under the direction of the President or the designated administrator. Duties and responsibilities shall be related to the expertise and competence of professional personnel.

Within the parameters of their assigned responsibilities, professional personnel shall have the privileges and responsibilities expressed in the ABOR-approved statement contained in the Notice of Appointment.

Performance of assigned duties and responsibilities by professional personnel shall be subject to evaluation by an appropriate administrator. Performance shall be considered in decisions relating to compensation, retention, promotion, continuing status, suspension, termination, or a decision not to renew an appointment.

4.04 UNLAWFUL DISCRIMINATION; REVIEW OF DECISIONS INVOLVING PERSONNEL MATTERS

No action involving personnel matters shall be based on unlawful discrimination or other unconstitutional grounds. A professional staff member who believes that a personnel action has infringed this policy may request that the Provost or the Equal Opportunity and Affirmative Action Office investigate the matter and arrive at a resolution. If the Provost's ruling is unacceptable to the staff member requesting the investigation, then the individual may request a formal hearing before the Committee on Academic Freedom and Tenure (CAFT) as provided in ABOR-PM 6-301(L)(1) and in the following paragraphs.

When a complaint is filed with the Provost's Office, an Equal Opportunity and Affirmative Action Office or other appropriate investigation shall be conducted and a recommendation shall be made to the Provost that the matter be closed or that further action be taken to resolve the matter. The Provost may take any lawful action deemed appropriate to resolve the matter. The Provost's decision shall be final and is not subject to further administrative review.

In the event the complaint is considered by CAFT, the Committee shall be governed by the rules and procedures outlined in the Constitution and By-Laws of the General Faculty of The University of Arizona concerning the Committee on Academic Freedom and Tenure and in ABOR-PM 6-201(M).

These rules and procedures have been adopted by the President in satisfaction of the requirements set out in ABOR-PM 6-301(L)(1).

4.05 NOTICE

Wherever notice is called for herein, it shall be given in writing either by delivering the notice personally to the individual named, or by depositing the notice in the United States mail, first class, postage prepaid, addressed to the individual named at his or her current address as reflected in the records of the Department of Human Resources.

4.06 APPOINTMENTS
Rev. 1/2000; 9/2002

Each professional is appointed subject to the duties and responsibilities detailed in the ABOR-PM 6-301, et seq. and this Handbook, and is entitled to all the rights and privileges set forth therein.

Appointments become effective when approved by the President. Appointment procedures are set forth in the Human Resources online site as follows:

• Recruitment Policy
  http://www.hr.arizona.edu/09_rel/policies/pp116var.php

All professional personnel shall receive a Notice of Appointment for their initial employment, i.e., for a fiscal year beginning July 1 or for an academic year beginning on or about August 15. Appointments and renewals of appointments shall be for the period designated in the Notice of Appointment or Notice of Reappointment, but in no event shall the appointment be longer than one fiscal year. No oral or written communication made prior to or after the execution of a Notice of Appointment that is inconsistent or in conflict with the Conditions of Professional Service (ABOR-PM 6-301, as amended) shall become a part of the conditions of employment.

The type of professional appointment involved shall be determined by the President and shall be indicated on the Notice of Appointment by use of the designation "continuing-eligible," "continuing," or "year-to-year."

Only professional personnel who are employed full-time and whose positions are funded by state appropriations or other sources of funds which are recognized by ABOR as the equivalent of state appropriations are eligible to be designated as continuing-eligible or as continuing. Professional personnel who hold part-time appointments or who are designated as year-to-year are not eligible for continuing status.

The appointment of any professional, the performance of whose duties and responsibilities require a license or certification from the State of Arizona, is conditional upon the individual's obtaining and maintaining the license or certification.

Appointments dependent for continuation on funding from a source other than state appropriations shall so state in the Notice of Appointment or Reappointment and may terminate when the funding is no longer available. Professional personnel appointed to positions supported by nonstate funds may be designated by contract as having other than the regular conditions relative to the time period for notice of nonrenewal of appointment and fringe benefits.

4.07 CONFIDENTIALITY OF PEER REVIEW PROCESS
Rev. 8/97

Deliberations, evaluations, and recommendations of peer review committees are confidential, as are any evaluations or recommendations received by them. However, a summary of the results of any peer evaluation shall be communicated to the individual evaluated upon request when the results of a performance evaluation are reviewed with the individual by his or her administrative head or supervisor.

4.08 ANNUAL PERFORMANCE REVIEWS
Rev. 8/97; 4/2003

4.08.01 General
Professional personnel are evaluated with respect to all personnel matters on the basis of excellence in performance. The annual performance review is intended to support professional personnel in achieving excellence in the performance of their duties and responsibilities.

Annual performance reviews follow specific procedures outlined in Section 4.08. For continuing-eligible professionals, the mandatory successive renewal process, which occurs in the third and sixth years, follows procedures outlined in Section 4.10.03.

Annual performance reviews are intended:

1. To involve professional personnel in the formulation of objectives and goals related to their program areas and their own personal and professional growth;

2. To assess actual performance and accomplishments in the areas of their responsibilities;

3. To promote the effectiveness of professional personnel through an articulation of the types of contributions they might make to the University community that will lead to greater personal and professional growth, recognition and rewards;

4. To provide a written record of professional personnel performance to support personnel decisions;

5. To recognize special talents, capabilities, and achievements of professional personnel; and

6. To identify weaknesses that should be addressed during the next evaluation period.

The evaluation of professional personnel performance shall be based on established written criteria (see Subsection 4.08.02) and shall address, at a minimum, consideration of the professional's (1) past and present performance, (2) professional progress, and (3) future potential and expectations, based upon a written agreement between the professional and the immediate administrative head or supervisor, that fits within campus mission and guidelines. The criteria shall take into account the particular objectives of the unit and the role of professionals within the unit.

Each annual performance review shall include the past calendar year of the professional's performance. For professionals with academic assignments, the review period may include the past three to five years of performance, with substantial emphasis on the most recent year for evaluation of teaching. The time period shall be determined by the unit. The review should evaluate the professional's performance in his or her unit consistent with that unit's responsibilities. Every annual review of teaching will consist of peer and student input, including student evaluations of classroom performance in all classes, and other expressions of teaching performance.

The immediate administrative head or supervisor will meet with the professional no later than a date established by the unit, (See Section 4.08.04), to discuss the evaluation and expectations for the next annual review. Prior to this meeting the head or supervisor will provide the professional with a preliminary written evaluation. If the professional so requests, the discussion at this meeting shall include a summary of the results of the evaluation conducted by the peer review committee, in accordance with Section 4.07. The professional may provide comments as part of the official record.

When an individual holds a dual appointment involving administrative assignments in addition to assignments as a professional, the performance evaluation shall address contributions under both assignments (See Subsection 5.08.01).

4.08.02 Criteria
Written evaluation criteria shall be developed through participation of professional personnel within each department or other administrative unit, together with the immediate administrative head or supervisor, to express performance expectations for professionals. The stated expectations will differentiate between satisfactory and unsatisfactory performance and must be in accordance with the mission and goals of the department, college or division, and within the norms of the discipline. Procedures and instruments for evaluation of professional personnel on each criterion that are developed by departments or other administrative units shall be approved by the college dean or appropriate vice president, and the Provost.

Depending upon assigned responsibilities, criteria for annual performance may consider teaching effectiveness, research and scholarly growth, creative activity, academic professional activity, and service and outreach. Evaluation criteria may provide for recognition of long-term activities and outcomes. Concentration of effort in one or more of the duties and responsibilities of a professional during a particular year is permissible, and may even be encouraged. Guidelines and evaluation procedures within departments shall be flexible enough to meet the particular objectives of the department without undermining the uniformity of the whole system. When teaching effectiveness is evaluated, a systematic assessment of both student and peer opinion shall constitute one component of the evaluation.

Annual performance reviews may be taken into account as part of the promotion and continuing status process, but such evaluations are not determinative on promotion and continuing status issues. Satisfactory ratings in the annual performance review do not necessarily indicate successful progress toward promotion and continuing status. Progress towards promotion or continuing status requires excellence in performance over a period of years in all the duties and responsibilities assigned to the individual, and may include evaluation by external referees, which is not a part of the annual review process. Criteria and decisions with regard to promotion and continuing status are determined under Section 4.09 and Section 4.10.

4.08.03 Procedures
The following procedures, in the sequence indicated, shall be employed in the annual performance review of professionals:

1. The first step is information gathering, including an opportunity for the professional to provide information to the immediate administrative head or supervisor and peer review committee. In the area of teaching, student evaluation of classroom performance in all classes is required.

2. For academic professionals peer evaluation, through procedures discussed by the professionals and the head, is required. The information gathered in the first step, and any other materials which may be deemed relevant, are utilized in the peer review. Results of the peer evaluation are transmitted directly to the immediate administrative head or supervisor, in accordance with Section 4.07.

3. The immediate administrative head or supervisor evaluates the professional on the basis of information provided by the employee and peer evaluators, through procedures discussed by the professional and the head, and such other information as is available. The head or supervisor provides the professional with a preliminary written evaluation.

4. The administrative head or supervisor meets with the professional to discuss the evaluation and to agree upon goals, assignments, and expectations for the next annual review.

5. The professional provides comments as desired, signs the document, and returns it to the administrative head, within 15 days of the meeting described in Section 4.08.03(4) above.

4.08.05 Appeals of Annual Performance Reviews
Professional personnel who disagree with their evaluations by their immediate administrative head or supervisor may request that they be reviewed at the next administrative level.

Such requests for review must be made in writing to the administrative head of the next level within 30 days after the professional receives the written evaluation and must state:

1. The points of disagreement;

2. Specific findings to be reviewed;

3. Facts in support of the request; and

4. Corrective action sought.

4.09 PROMOTION

After the initial year of service, a professional employee may be recommended for promotion during any subsequent year on the basis of excellent performance. Consideration for promotion may be initiated by the professional or the immediate supervisor. The promotion must be to a previously established position or rank, the responsibilities of which have been defined by the department, college, or other administrative unit and approved by the Provost. A promotion recommendation should originate with the immediate administrative supervisor and be reviewed at all appropriate administrative levels through the Office of the Provost. Peer reviews by the Standing Committees on Continuing Status (Subsection 4.10.01) shall be part of the promotion review process for academic professionals at the college or division level and, if possible, at the departmental level. Peer review shall be conducted only by professionals holding rank superior to the rank of the candidate being considered. Peer review may be sought outside the University. Promotion normally is effective at the beginning of the fiscal or academic year, as appropriate, following recommendation and approval. The Provost shall decide whether an individual will be promoted.

4.10 CONTINUING STATUS

4.10.01 Standing Committees on Continuing Status
Each department and college or other administrative unit with three or more professionals with continuing status shall have a standing committee on continuing status, composed of professional employees with continuing appointments, to advise the administrative head regarding recommendations concerning continuing status. The Provost shall appoint a University Committee on Continuing Status to advise regarding the granting of continuing status. The University committee shall be a standing committee, with rotating membership, composed of a minimum of five members with continuing status, representing diverse disciplinary areas and including women and minority members.

Standing committees shall normally meet without the administrator whom they advise.

4.10.02 Criteria
Continuing status requires excellent performance and the promise of continued excellence. Decisions on continuing status shall be based upon written criteria developed within each department or other administrative unit with participation of appropriate professional personnel and approved by the dean or director and the Provost. Each unit shall review these criteria annually and current copies shall be maintained in the offices of the department head or director, the dean, the Provost and the Faculty Center.

Department or other administrative unit heads and the unit standing advisory committee should meet with the continuing-eligible professionals at least once a year to review continuing-eligibility criteria and to answer questions. Continuing-eligible professionals are expected to familiarize themselves with the continuing-eligibility criteria applicable to their units. Continuing-eligible professionals experiencing or anticipating difficulties in meeting applicable continuing-eligibility requirements should discuss the matter with their immediate administrative head and unit standing advisory committee at the earliest date possible.

4.10.03 Limitation on Continuing-eligible Service
Rev. 5/1/98; 4/2003
A continuing-eligible appointment as a professional shall not be renewed as such, except for parental delay, more than six successive times, i.e., for a maximum of seven (or eight, in the case of a parental delay) academic or fiscal years of service, regardless of rank or ranks held during the years of continuing-eligible service. A person who has been denied continuing status shall be offered a terminal year contract but shall not be employed subsequently under a year-to-year professional appointment except upon a part-time basis.

An individual while holding a continuing-eligible appointment at The University of Arizona, may request a one-year "parental delay" of the continuing status decision such that each of the remaining third-year and sixth-year or continuing-status reviews will take place one year later than would have occurred without such a delay. Such a delay or connected set of delays will be granted up to twice during the individual's continuing-eligible appointment period, if the appointee becomes a parent by the birth or adoption of a child while holding such a continuing-eligible appointment, and if certain eligibility requirements are met. An individual granted a parental delay shall not be subject to additional scholarship or service requirements, above and beyond those normally required, in order to qualify for retention or continuing status. If both spouses hold continuing-eligible appointments at the University, and are otherwise eligible, then both shall be granted a parental delay upon request.

Eligibility requirements for receiving a parental delay include providing a written notice to the department head as early as possible and in no case later than one year subsequent to the date of birth or adoption of the new child. In order to be eligible for a delay of the third-year or a continuing-status review, the birth or adoption date must have occurred no later than the summer (or semester) immediately prior to the semester in which the scheduled department-level review is to take place. The request for a delay of a given review must be submitted prior to departmental consideration of the candidate under review. The request for parental delay must be approved by the appropriate department head or director, dean, and the Provost.

Before the end of their third and sixth (or as adjusted due to a parental delay) years of service, continuing-eligible professionals shall be informed by their department head that they are being recommended for: (a) successive reappointments for the next three years; (b) continuing status, with or without promotion; (c) nonrenewal; or (d) a terminal year appointment. This does not preclude consideration for promotion at other times, nor does it preclude a decision of nonrenewal prior to or at the next triennial review.

Annual reappointments in rank for each year up to and including year six (year seven if a parental delay has been utilized) may be made without review at the college and university levels, but they must be based on the annual evaluations made by the department standing committee on continuing status and by the department head. The continuing-eligible professional is to receive written copies of these evaluation reports, which shall include reference to any problem areas. In year six (or seven if a parental delay has been utilized), a continuing-eligible professional shall be reviewed through the normal review process at the department, college and university levels.

Continuing-eligible professionals may be considered and recommended for continuing status during any year of service, but they must be considered during their sixth (seventh if a parental delay has been utilized) year of service if, by then, continuing status has not been awarded.

4.10.04 Attainment of Continuing Status
Attainment of continuing status can only occur through specific notification by the President and may not result from inaction or inadvertence.

4.10.05 Assurance of Appointment
An individual who holds a continuing status appointment is assured that the President shall offer an appointment for each succeeding fiscal or academic year until retirement, resignation, dismissal for just cause, or termination for budgetary reasons or educational policy change.

4.10.06 Legal Effect of Continuing Status
It is within neither the President's nor the ABOR's power to commit the State of Arizona to an obligation for which an appropriation has not been made. The use of the term "continuing" neither constitutes nor implies a legal obligation which the President or the ABOR is not empowered to undertake. In practice, renewals of appointments of professionals with continuing status have been approved and funds have been allocated annually for these appointments.

4.10.07 Effect of Retirement, Resignation and Part-time Employment on Continuing Status
Professional personnel with continuing status who retire or resign from the University relinquish their continuing status. Professionals already granted continuing status do not forfeit their status by reason of changing to part-time employment. Continuing-eligible employees forfeit such status when they transfer to part-time status. Changes to part-time status are permissible only where approved by the department or other unit head, dean or director, and Provost.

4.10.08 Effect of Adoption of Conditions of Professional Service on Prior Status
Adoption of the Conditions of Professional Service (ABOR-PM 6-301, et seq.) as a policy of the University shall not divest a professional of any tenured faculty status or continuing professional status acquired prior to adoption. Professionals who, prior to adoption of these Conditions, held tenure-eligible faculty status shall be provided the option of remaining employed under the terms of the Conditions of Faculty Service (ABOR-PM 6-201, et seq.) and Chapter 3 of this Handbook.

Professionals who, prior to adoption of these Conditions, attained continuing status in one position and who subsequently accept employment in a different position which is subject to either the Conditions of Professional Service (ABOR-PM 6-301, et seq.) or Administrative Service (ABOR-PM 6-101, et seq.) and which is designated year-to-year, shall not lose continuing status as a professional except by resignation, retirement, release due to financial emergency, reorganization, or dismissal for just cause.

4.10.09 Effect of Service in Noncontinuing Status Positions on Continuing Status Attained After Adoption of Conditions of Professional Service
Professionals who achieve continuing status after adoption of the Conditions of Professional Service (ABOR-PM 6-301, et seq.) and who accept year-to-year appointments subject either to the Conditions of Professional Service (ABOR-PM 6-301, et seq.) or the Conditions of Administrative Service (ABOR-PM 6-101, et seq.) shall retain their continuing status as a professional.

4.11 RULES AND PROCEDURES REGARDING NONRENEWAL AND CONTINUING STATUS OF CONTINUING-ELIGIBLE PROFESSIONAL PERSONNEL

This section applies only to continuing-eligible professional personnel as described in Definitions.

4.11.01 Notice of Consideration for Nonrenewal or Continuing Status
During the year that a professional is to be considered for nonrenewal or continuing status, notice shall be given and the professional shall be provided an opportunity to present such materials as he or she considers relevant to the decision to be made.

4.11.02 Decisions on Nonrenewal and Continuing Status
Decisions regarding nonrenewal or continuing status of continuing-eligible professionals shall involve the following levels of review in a multiple department or unit college or division:

1. Departmental or Unit Standing Advisory Committee on Continuing Status (where the department or unit contains sufficient personnel to warrant such a committee);

2. Department or Unit Head;

3. College or Division Standing Advisory Committee on Continuing Status;

4. Dean or Director;

5. University Standing Advisory Committee on Continuing Status; and

6. Provost.

The Provost must approve all requests for continuing status. If not approved, the professional will be given a terminal year appointment.

4.12 YEAR-TO-YEAR STATUS

Professional personnel employed under a year-to-year appointment shall have no expectation of employment beyond the end of the current appointment period and are not eligible for continuing status. There is no limit to the number of times such individuals may be renewed. Such appointments may be for a period of less than one year.

An individual employed under a year-to-year appointment may be employed subsequently under a continuing-eligible appointment. In such event, the extent to which prior service under year-to-year appointments is considered in any review for continuing status shall be determined by the Provost upon recommendation of the dean or director and, where applicable, the department or to renew. The dean's or director's decision shall be final in all cases and is not subject to further administrative review.

4.13 DECISION ON NONRENEWAL OF YEAR-TO-YEAR PROFESSIONALS

In a college or division with multiple departments or units, any decision not to renew a year-to-year professional shall be initiated by a recommendation of the department head or other immediate supervisor. The recommendation not to renew shall be reviewed by the dean or director of the college or division. The dean or director shall make any decision not to renew the professional. In a single unit college or division, the dean or director shall initiate and make any decision not to renew. The dean’s or director’s decision shall be final in all cases and is not subject to further administrative review.

4.14 DECISIONS ON RENEWALS

Decisions to renew a continuing-eligible or year-to-year professional shall be made by the President upon recommendation of the Provost and dean or division head and, where applicable, the department or unit head.

4.15 NOTICE OF NONRENEWAL

All year-to-year professional personnel whose positions are funded by state appropriations are entitled to no less than 90 days notice of nonrenewal. Failure of the University to provide timely notice of nonrenewal to a state funded professional shall have the limited effect of extending the end of the appointment period to 90 days following the giving of notice.

Professional personnel whose Notice of Appointment or Notice of Reappointment reflects that they are non-state funded are subject to termination on 30 days notice when such funding is no longer available; otherwise, they are entitled to the same notice as state funded year-to-year professionals.

4.16 APPEALS TO THE PRESIDENT

In cases where the Provost has decided not to renew a continuing-eligible professional or not to grant promotion or continuing status, the professional may appeal the decision of the Provost to the President. Such appeals must be filed in writing with the Office of the President within 30 days after notice of the Provost's decision. The President's decision shall be issued in writing and forwarded to the professional involved, with copies to the Provost and the appropriate dean or director and department or unit head within 90 days of notice of appeal. The President's review shall be limited to the record compiled under Section 4.09 or Subsection 4.11.02, as appropriate. The President's decision is final unless, under the terms of Section 4.04, the Committee on Academic Freedom and Tenure subsequently recommends that further review or action be taken by the President. In that case, the President may direct that additional review or action be taken; otherwise, the matter is not subject to further review.

4.17 NOTICE OF RECOMMENDATION

At the time a recommendation regarding renewal, nonrenewal, promotion, or continuing status is transmitted by the department or unit head, dean, or director to the next administrative level, the professional involved should be advised in writing of the nature of the recommendation. The professional is not entitled to a statement of the reasons for the recommendation.

4.18 REASONS FOR NONRENEWAL OR DENIAL OF PROMOTION OR CONTINUING STATUS

A professional who is not promoted or who does not acquire continuing status or whose continuing-eligible or year-to-year appointment is not renewed shall not be entitled to a statement of reasons for that action. The denial of promotion, continuing status, or renewal, however, need not be construed as due to failure or poor performance on the candidate's part. Considerations such as the need for a different area of specialization or for new emphases, the lack of a continuing position, the need to shift a position or resources to another department or unit, or the opportunity for a more vigorous program may dictate that the individual not be renewed, promoted, or granted continuing status.

4.19 RESIGNATIONS

Professionals who intend to resign at the expiration of their appointment shall notify their administrative head in writing of their intention as early as possible.

4.20 DISMISSAL OR SUSPENSION

The dismissal or suspension of professional employees shall be governed by ABOR-PM 6-301(I)(2) and ABOR-PM 6-301(K).

The Committee on Conciliation established under the Constitution and By-Laws of the General Faculty of The University of Arizona shall constitute the conciliation committee required under ABOR-PM 6-301(K)(3) and the Committee on Academic Freedom and Tenure established under the Constitution and By-Laws of the General Faculty of The University of Arizona shall constitute the committee to conduct formal hearings required under ABOR-PM 6-301(K)(4). The rules and procedures provided in the Constitution and By-Laws for the respective committees shall govern the conduct of the hearings except where specific provisions of ABOR-PM 6-301(K) provide otherwise.

4.21 RELEASE OF PROFESSIONAL PERSONNEL

4.21.01 Notice to Provost's Office
When it becomes necessary to terminate the appointment of a professional because of institutional financial emergency or reorganization, such a termination of appointment shall be designated a "release." The Provost's Office shall be informed of all release actions before implementation of the action.

4.21.02 Release Due to Institutional Financial Emergency
Release of professional personnel may occur when deemed necessary by the President due to a financial emergency as declared by the ABOR. Upon occurrence of release, the individual's personnel file shall reflect that "the release was due to institutional financial emergency."

A professional released due to institutional financial emergency shall be accorded the following rights and privileges:

1. The individual shall be notified in writing as far in advance of the release date as the President deems possible.

2. The University shall make a reasonable effort to secure alternative appointments within the University in open positions for which the affected individual is qualified under existing criteria and to provide the professional with information concerning other employment opportunities which may be available within the University.

3. If, within a period of two years, new positions in the unit subject to financial emergency are created which are reasonably comparable to that formerly held by the released professional with continuing status, the individual shall be the first offered a position. The offer shall be sent to the last known mailing address of the professional and shall stipulate that the offer must be accepted, in writing, within 30 days from the date of receipt.

4. An individual who believes that unlawful discrimination or other unconstitutional action was involved in his or her selection for release for institutional financial emergency shall be entitled to a hearing as provided in Section 4.04. A written request must be filed with the Office of the President with copies to the relevant dean, director, department head, and any other administrative head within 15 days of receipt of notice of such release.

Release of professional employees with continuing status at the University may occur when a reorganization is deemed necessary due to a budget or program decision entailing program discontinuance, curtailment, modification, or redirection, and when such a reorganization plan is approved by the ABOR. Upon occurrence of a release, the professional personnel file shall reflect that "the release was due to reorganization reasons."

If the reorganization plan under consideration requires the release of professional employees, the following procedures shall be followed:

1. The President shall review and approve the proposed reorganization plan. This review shall consider the reasons for the reorganization and the impact upon the University community as a whole.

2. Upon review of the materials received, the President shall decide whether or not the reorganization should be executed and shall submit the plan to the ABOR for approval.

A professional released for reorganization shall be accorded the following rights and privileges:

1. The individual shall be notified in writing as far in advance of the release date as the President deems possible, but not fewer than 90 days.

2. The University shall make a reasonable effort to secure alternative appointments within the University in open positions for which the affected individual is qualified under existing criteria and to provide the professional with information concerning other employment opportunities which may be available within the University.

3. If, within a period of two years, new positions in the reorganized unit are created which are reasonably comparable to that formerly held by the released professional with continuing status, the individual shall first be offered a position. The offer shall be sent to the last known mailing address of the professional and shall stipulate that the offer must be accepted within 30 days from date of receipt.

4. A professional who believes that unlawful discrimination or other unconstitutional action was involved in selecting him or her for release due to reorganization shall be entitled to a hearing as provided in Section 4.04. A written request must be filed with the Office of the President within 15 days of receipt of notice of such release.

This site is maintained by The University of Arizona, Human Resources University Services Building, Rm. 114 Tucson, Arizona 85721-0158 phone: (520) 621-3662    fax: (520) 621-9098 email http://www.hr.arizona.edu 5/2008