Section II: Faculty and Administrative Employees

Subsection A. Appointments

1. Coverage

For purposes of these Regulations, faculty and administrative employees include all faculty of Northern Illinois University and those administrative and/or professional (hereafter "administrative") personnel of the university who are not Civil Service employees.

2. Authority to Employ

a. Position Authorization

The Board of Trustees is designated by statute as the employing authority for all faculty and administrative employees of Northern Illinois University.

The president will seek Board concurrence for new positions at the vice presidential or dean's levels. Faculty and administrative positions shall be authorized by the president or designee.

b. Appointments

• (1) Major Administrative Appointments
• Board approval is required for the appointment of personnel to vice president or dean positions, including acting or interim appointments to such positions, and shall be requested by the president. The Board shall be advised in a timely manner of vacancies in such positions and the procedures and timetables for filling them.
• (2) Regular Appointments
• Regular appointments are tenured faculty, faculty serving in probationary status on tenure track, other faculty designated as regular appointments and administrative/professional positions not designated as temporary positions. The president or designee is authorized to make such appointments in accordance with Board Regulations as necessary and justified by prudent financial management. Initial appointments to tenure-track positions shall be reported to the Board for information at the next regular meeting of the Board.
• (3) Adjunct Appointments
• The president or designee is authorized to make adjunct faculty appointments as necessary and in accordance with Board Regulations and Human Resource processes. Adjunct appointees shall enjoy the normal benefits and working conditions of the faculty with the following exceptions: They will be appointed on an annual or semester basis and will not be eligible for tenure.
• Appointees may be utilized in teaching duties, on thesis and dissertation committees, as consultants for or as codirectors of research projects or public service programs, and in other activities in support of university programs. Adjunct appointments for teaching credit courses shall be less than 50% FTE.
• Exceptions to the use of adjunct appointments shall be approved by the president or designee.
• (4) Temporary Appointments
• Temporary appointments shall be for a specific period of one year or less. There shall be no presumption of renewal or extension of temporary appointments. Each temporary appointment is a separate, noncontinuous appointment. Instructors in the bargaining unit shall be appointed on temporary instructional faculty contracts according to their collective bargaining agreement. The president or designee is authorized to make such appointments in accordance with Board Regulations and as necessary and justified by prudent financial management.
• (5) Visiting Appointments
• The president or designee is authorized to make visiting faculty appointments to approved positions in accordance with Board Regulations as necessary and justified by prudent financial management. Visiting appointments shall be made for persons employed outside the university or on temporary leave from such employment or retired from such employment. Visiting appointments shall be for a specific period of two years or less. There shall be no presumption of renewal or extension of visiting appointments. Visiting faculty shall not be eligible for tenure.

3. Academic Ranks, Promotion and Related Titles

1. The academic ranks that shall be conferred within Northern Illinois University are: professor, associate professor, and assistant professor. Recommendations for promotion within the academic ranks shall be presented by the president to the Board for approval.

b. Normal Prerequisites for Academic Ranks

The following educational requirements are considered to be the normal prerequisites for appointment at or promotion to academic ranks.

• (1) Professor. Employment at or promotion to the rank of full professor is conditioned upon the possession of an earned doctorate or the appropriate terminal degree and a superior record of continuing excellence in teaching, research and service.
• (2) Associate Professor. To qualify for the rank of associate professor, the candidate must possess the earned doctorate or the appropriate terminal degree, demonstrated excellence in teaching and a significant record of achievement in research and service.
• (3) Assistant Professor. Candidates for the rank of assistant professor must possess the earned doctorate or appropriate terminal degree or be a candidate for such a degree with the expectation of timely completion.
• (4) Adjunct Ranks. Adjunct faculty shall be appointed with academic rank or other appropriate titles (e.g. adjunct professor, adjunct associate professor, adjunct assistant professor) and must have credentials equivalent to those of persons appointed to comparable ranks (titles) on the regular faculty.

c. Exceptions

In the case of faculty without the earned doctorate or appropriate terminal degree, educational requirements may be met by equivalencies appropriate to the discipline; however, appointment at or promotion to a rank above that for which individuals are educationally qualified should be limited to exceptional circumstances.

"Equivalency" or "exceptional" appointments or promotions should be carefully deliberated by appropriate reviewing bodies at the department, college and institutional levels. Such equivalency or exceptional appointments will be presented for concurrence to the president or designee.

d. Related Academic Titles

In addition to the above academic ranks, the university is authorized to make other academic appointments to positions utilizing additional and related titles (e.g., instructor, lecturer, faculty associate, faculty assistant, research associate, training associate, presidential/distinguished teaching professor, presidential/distinguished research professor, presidential engagement professor/distinguished engagement professor).

4. Equal Opportunity and Affirmative Action

In accordance with applicable statutes and regulations, NIU is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, age, physical and mental disability, marital status, veteran status, sexual orientation, gender identity, gender expression, political affiliation, or any other factor unrelated to professional qualifications, and will comply with all applicable federal and state statutes, regulations and order pertaining to nondiscrimination, equal opportunity and affirmative action.

5. Position Administration

The university shall use recruitment practices aimed toward identifying, securing and maintaining equitable representation and toward seeking full utilization of minorities and women in all organizational units and job classifications. The university shall also maintain affirmative action policies and procedures consistent with state and federal legal requirements which shall provide for the fair, impartial and equal treatment of applicants for employment and promotion. The president or designee will administer internal promotion/applicant processes as well as external search procedures for vacant positions. Position design, reorganization processes, titles and compensation practices will be administered in accordance with university needs as determined by the president or designee.

Title changes, consistent with changes in scope of assigned responsibilities or internal promotions can be implemented subject to approval by the president.

Search committees shall be utilized in searches for new or vacant instructional faculty positions and for newly funded or vacant deanships. Search committees shall be utilized in searches for administrative and staff positions in cases where a vacancy is to be filled unless the division head, with the concurrence of the president, fills the position with a qualified internal candidate pursuant to campus promotion/reassignment policies. In searches for noninstructional employees, and whenever practicable, for instructional employees as well, search committees shall be directed to provide a list of more than one and preferably at least three acceptable candidates from which a final selection can be made. Further, in all instances, the role of search committees shall be advisory in character and the final authority to select new employees shall belong to the president or designee. Search committee activities shall be conducted so as to reasonably assure that the university recruits from an appropriate pool of available qualified applicants. Search committees need not be utilized in such cases when a position is being filled on an acting or temporary basis.

6. Physical Examinations

Northern Illinois University shall establish, where appropriate, procedures for physical examinations of new employees consistent with applicable Illinois or federal statutes and with the requirements of the university.

7. Staffing

Northern Illinois University shall exercise caution and provide internal controls to limit the number of full-time instructional faculty appointments of its own master's and doctoral program graduates.

8. Family Relationships

Faculty and administrative employees are selected for employment and promotion without regard to relationship by blood or marriage or civil union in accordance with appropriate qualifications for the performance of specified duties. However, no individual shall participate in personnel decisions involving employment, retention, promotion, salary, leave of absence or other direct benefit to an individual employee who is a member of the same immediate family or immediate household. Immediate family includes an employee's spouse, party to a civil union, parents, brothers, sisters, children, and children of an employee’s party to a civil union.

In accordance with P.A. 96-1513, a party to a civil union shall be defined as a person who has established a civil union pursuant to this Act. "Party to a civil union" means, and shall be included in, any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the law. A civil union is a relationship between two people of either the same or opposite sex.

9. Rehiring of Retirees

The employment of personnel retired under the State Universities Retirement System (SURS) shall be in accordance with university procedures authorized by the President. Compensation for employment of a person receiving a retirement annuity under the SURS shall not exceed limitations set forth in relevant provisions of the Pension Code, including Article 15 and/or other applicable statutes, nor any limitations set forth in Public Act 97-0968 that would create employer obligations pursuant to rules and definitions pertaining to an Affected Annuitant.

Retirement (annuity) or separation refund (lump sum distribution) under retirement plan options available under the SURS constitutes resignation of employment from Northern Illinois University, subject to any subsequent re-employment authorized pursuant to this Regulation.

10. Notification of Appointment and Termination

a. Employment Contracts or Official Notifications of Reappointment

Upon approval of appointments and salaries:

• (1) Those persons who hold or are to be appointed with academic rank shall be notified of this by means of either an official notification of reappointment or a faculty contract which shall specify the beginning and ending dates of the contract appointment, the type of appointment, the rank of such person, salary arrangements with a "contingent upon availability of funds" provision, and other conditions of employment specified by the university.
• (2) New or continuing staff members who are appointed on a contingency basis (salary and/or rank dependent upon completion of a degree, or other required graduate credits) shall, upon the university's receipt of evidence of the completion of the contingency, be reappointed immediately, according to the terms of the contract or the official notification of appointment. If a change of salary is also specified as part of the contingency, it shall become effective the first day of the first month thereafter.
• (3) Employees who do not hold or are to be appointed without academic rank and who have been exempted from Civil Service shall be provided notice of appointment by means of either an official notification of reappointment or by a contract which shall specify the beginning and ending dates of the contract appointment, the position to which appointed, salary arrangements with a "contingent upon availability of funds" provision, and other conditions of employment as specified by the university or the Board of Trustees.
• (4) Each contract or official notification of reappointment shall be signed by the president of the university or a designee. Designees of the president shall be authorized in writing. A copy of the written signature authorization shall be on file with the President's Office.

b. Notification of Termination or Nonrenewal of Contract

• (1) Those persons who hold regular appointments with academic rank and who are not tenured shall be guaranteed the following dates of notification (in the absence of a financial exigency) concerning the university's decision not to renew their appointment: (a) Not later than March 1 of the first academic year of service, if the appointment expires at the end of the year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination. (b) Not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination. (c) At least 12 months before the expiration of an appointment after two or more years in the institution. A faculty appointment is deemed to expire on the last day of the calendar month in which the faculty contract or official notification of reappointment ends.
• Every faculty appointment for a specific term must be accepted by the faculty member with the understanding that such an appointment entails no assurance or implication, except for the provisions for notification set forth above, that it will be renewed or that tenure will be granted. In the event there are insufficient appropriated funds to continue the appointment, notice must be given as soon as possible.
• (2) Employees with regular appointments and without academic rank shall be entitled to the following notification in the event of nonreappointment or nonrenewal of contract.
  • (a) One year or less
  • For employees with one year or less of consecutive full-time service at the time of notification, a four-month notice of nonrenewal shall be required with the provision that termination not occur before the end of the current contract period, except for cause.
  • (b) More than one year and less than three years
  • For employees with more than one year and less than three years of consecutive full-time service at the time of notification, a six-month notice of nonrenewal shall be required with the provision that termination not occur before the end of the current contract period, except for cause.
  • (c) Three years or more
  • For employees with three years or more of consecutive full-time service at the time of notification, a 12-month notice of nonrenewal shall be required with the provision that termination not occur before the end of the current contract period, except for cause.
  • This period of notice shall not be required in the case of persons filling positions in any intercollegiate athletic program, in positions exclusively dedicated to fund raising, or in the case of employees whose positions are fully funded and contingent upon grants and/or contracts for the provision of services to parties external to the university. Every appointment without academic rank for a specific term must be accepted by the appointee with the understanding that such appointment entails no assurance or implication that it will be renewed.

c. Termination of Temporary, Visiting Appointments

Temporary and visiting appointments automatically terminate on the last day of the appointment period set forth in the contract. No additional notice is required.

d. Notification of the President

The president shall be notified on a timely basis of those cases in which the termination of a faculty or administrative employee is appealed by the employee within the university or to an external agency.

e. Resignations

The president or designee may officially accept resignations and retirements tendered by employees.

11. Reporting on Personnel Transactions

The university shall annually provide the Board of Trustees with a summary of all new faculty and administrative appointments which have occurred under authority of these regulations during the previous 12-month period.

12. Tenure

a. General Provisions

Tenure appointments shall be for an indefinite term and may be terminated only by (1) retirement, (2) acceptance of resignation, (3) demonstrable financial exigencies, (4) discharge for cause, or (5) the reduction or elimination of a department or similar academic unit. Only faculty that hold full-time regular appointments at the rank of professor, associate professor, or assistant professor shall be eligible for tenure appointments. While a faculty member holding a contingent appointment with the rank of instructor shall not be eligible for tenure, service under that appointment shall count toward the probationary time period prior to a tenure decision. Employees holding other academic titles shall not be eligible for tenure but, with the concurrence of the university and the Board of Trustees, campus regulations may be adopted to safeguard the academic freedom of and provide reasonable job security for other faculty and teaching personnel.

b. Eligibility for Administrative Employees

Administrators and appropriate staff members of noninstructional divisions, departments or other service units may be appointed with faculty status. However, such individuals become eligible for academic rank only upon the recommendation of the academic unit in which such rank is to be held. Tenure applies primarily to faculty appointments. Full-time administrative personnel are eligible for tenure only if they hold academic rank and are recommended for tenure by a department or other academic unit after an evaluation based upon the same rigorous criteria that are applied in faculty tenure decisions. An individual holding academic rank at the time of assumption of administrative or noninstructional duties may retain such rank and eligibility for promotion and/or tenure.

c. Required Board Action

Tenure cannot be acquired automatically by length of service without action by the university and Board of Trustees. No appointment shall entail tenure unless the contract or official notification of appointment explicitly states this.

d. Locus of Tenure

Tenure appointments shall be held only in academic departments or similar academic units. The tenure affiliation of a faculty member shall not be transferred from one department or similar academic unit to another except by mutual consent of the faculty member, the departments or academic units involved, the university provost, the president and the Board of Trustees.

e. Probationary Service Expectations

Newly appointed faculty members ordinarily shall not be offered immediate tenure, and in no case without the concurrence of the provost and the president and approval by the Board of Trustees. Such authorization shall be requested prior to formal consideration of contract terms between the university and the prospective faculty member.

Faculty members normally will not be granted tenure prior to the completion of six years of full-time experience at a rank equivalent to assistant professor or above at one or more accredited institutions of higher education, including at least three years experience at Northern Illinois University.

Faculty members with full-time experience at a rank equivalent to assistant professor or above at accredited institutions of higher education may elect to apply up to three years of credit for such service at other institutions toward their total of six years. Acceptance of credit from other universities shall be agreed to by the faculty member and approved by the university in the initial appointment agreement but may be modified by mutual consent prior to the end of the first two semesters of service.

Time served on temporary appointment at Northern Illinois University shall not be countable toward completion of tenure probationary requirements unless the employee has been moved from temporary to tenure track status and the previous temporary service was full-time and consecutive as an instructor or ranked faculty member. In such a case, the university may shorten the probationary period but any such reduction must be agreed to by the employee and approved by the university provost in the initial tenure-track contract. However, under no circumstances shall the tenure probationary period be less than three years in length.

Time served on a visiting appointment shall not count toward completion of the tenure probationary requirements.

f. Evaluative Criteria and Procedures

In deciding whether to recommend awarding tenure, Northern Illinois University and its academic units shall give major attention to the quality of individual performance, but shall also consider other appropriate criteria including whether there is sufficient program staffing need based upon both short- and long-term considerations to warrant the addition of a tenured faculty member to the department or similar academic unit. The university shall establish procedures that are both fair and efficient and which utilize appropriate criteria to make this decision. Evaluations of the quality of teaching shall take into consideration student input and a university policy on student evaluations of teaching shall be established on campus for this purpose. The university may, at regular intervals, review and evaluate the performance of tenured faculty in order to offer constructive guidance and to encourage a continuing high level of faculty accomplishment.

g. Probationary Service and Leaves of Absence

Time spent on a leave of absence or sabbatical leave shall not be counted toward the probationary period of service unless the university and the faculty member agree at the time the leave is granted that the purpose of the leave is such that it should count in the probationary period. Ordinarily a leave of absence to pursue political activity will not count toward the fulfillment of the probationary period of service.

h. Review of Dismissals for Cause - Tenured Faculty

When tenured faculty are being dismissed for cause, the faculty member shall have a limited right to timely request a final procedural review by the Board of Trustees of the fact-finding process that led to the president's decision to terminate the appointment. To be treated as timely, the faculty member's request for a review must be communicated to the chair of the Board of Trustees within 30 calendar days from notification of the president's decision. Failure to file within the 30-day period waives the right to seek review.

An attorney in the Office of the General Counsel will conduct a procedural due process review on behalf of the Board.

Pending any requested review, fiscal portions of the president's decision may be implemented. The faculty member may be removed from all university duties and payrolls pending the outcome of the review. If the faculty member prevails, he/she shall be entitled to receive, as liquidated damages, all back pay from the effective date of the president's decision until the date of reinstatement.

i. Effective Date of Dismissal for Cause

The administrative action approved by the president shall be fully implemented upon final approval by (1) the president when no review is requested, or (2) the Board of Trustees when a procedural review is conducted and no prejudicial procedural error is found.

Subsection B. Conditions of Employment

1. General Obligations and Administrative Rules

All faculty and administrative employees are expected to comply fully with all:

1. Applicable state and federal laws
2. Policies, regulations, and decisions of the Board of Trustees
3. Policies, regulations, and decisions promulgated by the president or designee

Additional rules and/or procedures appropriate to carrying out the purpose and intent of Board Regulations pertaining to faculty and administrative employees may be made and promulgated (after appropriate consultation) by the president.

2. Outside Employment

Faculty and administrative employees whose primary positions are with the Board of Trustees normally shall not be employed under any employment or regular agreements or contracts for more than normal full-time employment from the State of Illinois and/or university funds.

Exceptions may be granted in the case of faculty teaching extension or noncredit courses, or other circumstances when duties are performed in addition to their regular assignments. Exceptions may be made upon advance approval of the president or a designee.

Faculty must have prior written approval of the president, or a designee, to perform research or provide consulting services to nongovernmental agencies. (University Faculty Research and Consulting Act, 110 ILCS 100/0.01 et seq., effective September 16, 1969.)

Employment or services provided outside of those activities supported by the State of Illinois and/or university funds should not encroach upon the employee's primary responsibilities and obligation to the employer.

The president or a designee shall authorize in writing those persons designated to approve outside employment. A copy of the written authorization shall be maintained by the President's Office.

3. Disclosure of Economic Interests

To foster responsible attention to conflict of interest issues, and adherence to state law, it is recognized that personal economic interests of Trustees, university officers, employees with specific forms of duties, as well as other employees, may require certain forms of formal disclosure and certifications. These matters are the subject of Board of Trustees policy actions, university policy actions, as well as state law and an Executive Order.

1. Board of Trustees Bylaws, Article VII., Conflicts of Interests, requires that "members of the Board of Trustees, officers of the Board, officers of the university, and all employees of the Board of Trustees of Northern Illinois University must conduct their personal affairs in such a manner as to avoid any possible conflict of interest with their duties and responsibilities as members of the Northern Illinois University organization...."
2. The "Conflict of Interest Policy for Trustees and Institutional Officers of Northern Illinois University," adopted as a part of the Board's Organizational Resolution, applies to Trustees and defined officers of the university. A confidential annual Disclosure Form is required to be prepared and filed with a designated attorney in the Office of the General Counsel. Updated disclosure are required if changes in circumstances warrant further information to be provided.
3. Relevant provisions of the Illinois Governmental Ethics Act, 5 ILCS 420/4A-101 and following, require certain individuals to file verified written statements of economic interest annually with the Illinois Secretary of State. In the Northern Illinois University organization, these individuals include: (1) Trustees, and (2) university employees who (a) function as head of a department or other administrative unit of the university, or (b) have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the university in the amount of $5,000 or more, or (c) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the university, or (d) have supervisory responsibility for 20 or more employees of the university.
4. Executive Order 77-3 applies to Trustees. An annual Statement of Economic Interest is required from each Trustee to be filed with the Illinois Board of Ethics pursuant to rules and regulations adopted pursuant to the Illinois Administrative Procedure Act.

4. Political Activities

An employee shall not, through his or her position with the Board or university, (a) coerce, command, advise or solicit anyone to pay, lend or contribute money or other thing of value to any partisan party, committee, organization, agency or person for political purposes; (b) use Board or university funds, resources or time for any political candidate or partisan purpose other than educational.

5. Work Stoppages

In the event of a strike or work stoppage on the part of any employee of the Board of Trustees, the president is authorized to commence legal proceedings as may be appropriate. Prior to such action, the Board shall determine and declare that the strike or work stoppage is unlawful or is a clear and present danger to the health or safety of the public. No activity constituting interference with university activities or operations shall be conducted on university property.

Except to the extent legally provided for in the Illinois Educational Labor Relations Act, there shall be no concerted interruption of services to the university by employees. There shall be no participation with respect to a strike, sympathy strike, slow down, work stoppage, or failure to perform fully and faithfully university functions or responsibilities by university employees.

6. President

a. Academic Tenure Interests

Where in accord with the academic and scholarly qualifications of the president, the president may be granted academic rank and tenure by the Board after there has been a general finding of tenurability by the academic unit in which such rank and tenure may be held. Following completion of service as president, a president holding academic rank and tenure may return to the academic unit in which the tenure is held unless there is a resignation from employment or termination from employment by the Board for reasons involving acts of moral turpitude.

A president with tenure in an academic unit may normally return to the academic unit at a salary commensurate with the salaries of the full professors then active in the academic unit or at one-half the annual salary rate for the final year as president, whichever is greater. The Board will assure the academic unit is sufficiently funded to accommodate this event.

b. Housing

• (1) The president of Northern Illinois University shall be furnished a residence in which the president is required to live. The president's home should provide a university setting conducive to cultural, social and educational interchanges important to students, faculty, university-related organizations, and dignitaries associated with the university community. It serves as a resource for fulfilling official, ceremonial and social functions of the campus chief executive officer.
• (2) The maintenance and upkeep of the president's residence and grounds, including housekeeping services for the public areas, shall be borne by the university.
• (3) The public areas in the residence shall be furnished by the university consistent with the requirements of 6.b.1. of this Section.
• (4) The university shall prepare and submit an annual operating budget for repairs and maintenance, renovations, and major equipment purchases for the president's residence. The chair of the Board of Trustees, based upon consultation with the president, shall review and approve these operating budgets. Once the budget is approved, the university is authorized to expend funds in the amounts and for the purposes specified in the budget. Amendments to the budget during the course of the fiscal year shall be subject to the same review and approval procedure as the original budget.
• (5) At its discretion, the Board of Trustees may provide a housing allowance in lieu of a residence and the maintenance associated therewith. The allowance should be appropriate to the requirements specified in 6.b.1. of this Section.

c. Automobile

The president shall be furnished with an automobile which shall be for personal use as well as official business.

7. Board Review and Evaluation of the President

It is the policy of the Board of Trustees to review and evaluate the performance of the president on a regular basis. This review and evaluation process provides (1) a means by which the incumbent may review performance with Board members, (2) a procedure to establish new short-, intermediate- and long-term goals for the ensuing months and years, and (3) an opportunity to receive comments and ideas from Board members and others as to possible ways in which the management and planning functions of the university might be improved. Materials and personal information developed for these processes are confidential and regarded as exempt from public disclosure as restricted employment information under law.

a. The Annual Review and Evaluation

• (1) The annual review and evaluation of the performance of the president shall be conducted by the Board at such time as the chair of the Board designates. In preparation for this review, the chair may seek input from such internal and external constituencies (e.g., faculty, students, staff, legislators, community leaders, etc.) as he/she deems appropriate. The annual review and evaluation shall be presented and discussed in a closed meeting of the Board as allowed by law.
• (2) In order to aid in the annual review and evaluation by the Board, Annual Goals Statements as described in subtopic 7.b. of this Section of the Board Regulations shall be prepared jointly by the president and Board chair and submitted to members of the Board by the president prior to the president's annual review and evaluation. Any additional material such as annual reports or other documents may be included at the discretion of the president.

b. The Annual Goals Statement

The president and Board chair shall jointly prepare an Annual Goals Statement. Information in the Statement should include:

• (1) The objectives, stated very briefly, with the understanding they may be elaborated upon during evaluation sessions.
• (2) The implementation schedule associated with the Annual Goals Statement is to include a very brief statement as to what action will be taken during the period in question for a particular objective, and when that action is expected to take place.

c. Other Reviews

The periodic reviews provided for in 7.a. and 7.b. above shall not be interpreted to preclude other or additional reviews or evaluative measures from being undertaken at any time.

Subsection C. Salary Administration

1. Salary Administration Policy

Salaries for faculty and administrative employees shall be commensurate with the duties and responsibilities of the position, the incumbent's quality of professional performance, the appropriate competitive employment market, and applicable state and federal law. Provisions for prospective incentive compensation shall be written as a part of a contract and be in effect before payment. Salaries shall be administered in a uniform manner irrespective of the source of funds.

In order to provide an information base which can be utilized for the setting of faculty and administrative salaries, the university will establish and periodically update appropriate salary studies. These studies and other relevant data will serve to assist the president in setting salaries and in keeping such salaries appropriately placed in relation to job responsibilities and in relation to the competitive marketplace. They will also provide the basis for increment guidelines recommended by the president to the Board.

2. Salary Adjustments

a. Approval

Annual salary adjustments for faculty and administrative employees and adjustments based upon promotion in academic rank shall normally be made by the university at the same time each year in accord with annual salary increment guidelines approved by the Board. These annual adjustments shall be administered by the president or designees and shall be reported to the Board in summary form on a university-wide basis in conjunction with the annual review and approval of Internal Budgets. The Board will be provided an annual listing of individual base salaries. Persons on approved leave shall receive the same consideration as those actively in service. Salary adjustments other than the annual salary adjustment and adjustments based upon promotion in academic rank shall be subject to authorization by the president or designee.

b. Criteria to be Considered

Recommendations for salary adjustments shall be based on determinations as to the meritorious performance of the individuals involved in fulfilling their duties and their various responsibilities and, for individuals in positions included in administrative salary studies, on the information provided by these studies and other comparative data. The university shall use employee salary review, promotion, and retention procedures and practices which provide equitable treatment for all university employees.

Subsection D. Benefits

1. Vacation

Vacation shall be earned in accordance with the following schedule for those employees whose work schedules do not conform to the academic calendar.

1. For the first, second and third years of consecutive service, 25 work days in each year of service.
2. For the fourth, fifth, and sixth years of consecutive service, 26 work days in each year of service.
3. For the seventh, eighth, and ninth years of consecutive service, 27 work days in each year of service.
4. For the tenth year and beyond, 28 work days in each year of service.

Vacation may be accumulated up to a maximum of 56 days.

Pay in lieu of vacation accumulated while in a regular appointment status will not be allowed except upon termination of employment at the university, at which time a lump sum payment shall be made for the amount of vacation accumulated as of the last day of work.

Departmental faculty and other employees whose work schedules conform to the academic calendar shall not accrue vacation days but may observe university term or holiday break periods that are designated by the president.

Employees on temporary appointments and those whose positions are funded entirely on grants and/or fees for services, who are eligible to earn vacation, shall not accumulate vacation beyond the termination date for each specific temporary appointment and any balance shall be adjusted to "zero" as of the termination date specified in each temporary appointment unless there is a consecutive temporary appointment. In the event of consecutive appointments, vacation balances may be accumulated at the applicable leave-earning rate to a maximum of that earned in two service years. No pay shall be provided in lieu of vacation accumulated while in temporary appointment status and employees will not be permitted to extend their service to the University by taking vacation at the end of the appointment.

Leaves for vacation purposes shall be arranged with due regard for the operational needs of the university and shall require supervisory approval.

2. Holidays

Holidays recognized by the Board shall be New Year's Day, Dr. Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and four additional days to be determined by the president.

University facilities will be closed, except for necessary operations, on these holidays. Faculty and administrative employees will be excused with normal pay unless otherwise determined by the president.

3. Group Insurance

Employees of the Board of Trustees shall be eligible for insurance coverage as provided by the State of Illinois Employees Group Insurance Program. Employees may elect to enroll eligible dependents, including party to a civil union and their eligible dependents subject to the provisions of the State of Illinois Group Insurance Program or in any dependent health insurance program offered by the Board of Trustees.

4. Unemployment Compensation

Employees of the Board of Trustees, or former employees of the Board, may become eligible for State of Illinois unemployment compensation benefits if the requirements of "An Act in relation to a system of unemployment compensation," approved June 30, 1937, as amended, are met.

5. Workers Compensation

Faculty and administrative employees who suffer disability arising out of and in the course of their employment will receive leave or compensation if applicable and in accordance with the provisions of the Illinois Workers' Compensation and Occupational Diseases Acts.

6. Sick Leave

a. Accumulative Leave

Subject to the exceptions provided for in 6.d. below, faculty and administrative employees are entitled to an accumulative sick leave at a full-time rate of ten work days with pay for each completed year of service during any contract year commencing before January 1984. For the first contract year beginning after January 1, 1984, sick leave shall be earned at the full-time rate of one work day for each month or a portion of a month of service, with no limit on the number of days that can be accumulated. In accordance with Public Act 90-65, sick leave earned after December 31, 1997 shall not be eligible for compensation. Sick leave earned prior to January 1, 1984 shall not be eligible for compensation at termination. Sick leave transferred from any Illinois public university and/or state agency that was not subject to a previous termination payout may be included in the amount that can be accumulated. Sick leave earned prior to January 1, 1984 shall not be eligible for compensation at termination. Sick leave transferred from any Illinois public university and/or state agency that was not subject to a previous termination payout may be included in the amount that can be accumulated.

After December 31, 1997, faculty shall earn accumulative sick leave at the full-time rate of one workday for each month or a portion of a month of service, including service during the summer.

b. Nonaccumulative Leave

• Personal medical condition: In addition to the accumulative leave (6.a. above), faculty and administrative employees are entitled to nonaccumulative sick leave at a full-time rate of twenty-five work days in each year of service including the first for one’s own serious health condition. Such non-accumulated leave shall not be carried forward into the next fiscal year. Paid medical leave shall not be used until the employee has used the accumulative leave for self expected to be earned in the 9 or 12 month contract period (10 days for 9 months, 12 days for 12 months) prior to the commencement of this leave and will run concurrent with FMLA leave, where applicable for which the employee is eligible. Applicability and utilization of nonaccumulative leave benefits shall be in accordance with university procedures.
• Family medical condition: In addition to the accumulative leave (6.a. above), faculty and administrative employees are entitled to nonaccumulative sick leave at a full-time rate of twenty-five (25) work days in each year of service including the first for absence due to illness of immediate family as defined in Section II.A.8 of these Regulations if the illness is such that the presence of the employee is required. Such non-accumulated leave shall not be carried forward into the next fiscal year. Paid medical leave is allowable for the care for an immediate family member with a serious medical condition. Paid leave for a family member’s serious medical condition shall not be used until the employee has used accumulative leave for the family expected to be earned in the 9 or 12 month contract period (10 days for 9 month, 12 days for 12 month) prior to the commencement of this leave and shall run concurrent with FMLA leave, where applicable for which the employee is eligible. Applicability and utilization of nonaccumulative leave benefits shall be in accordance with university procedures.

c. Purpose

An employee may use sick leave when ill or injured or obtaining medical or dental consultation or treatment in the following manner: No nonaccumulative sick leave shall be used until the employee has used all accumulative sick leave expected to be earned in the current contract period. For individuals employed prior to January, 1984, accumulative sick leave earned prior to January, 1984, shall be used first.

An employee may also use accumulative sick leave for absence due to illness of immediate family as defined in Section II.A.8. of these Regulations if the illness is such that the presence of the employee is required; such leave may also be used for illness of other family members living in the immediate household including a party to a civil union and the children of a party to a civil union. Such use of sick leave for absences due to illness in the family shall be granted to the extent reasonably authorized by appropriate supervisory authority up to a total of twelve weeks in any year of service pursuant to the same standards as set forth under university guidelines and procedures.

The university reserves the right to require acceptable evidence of illness, injury, or disability before allowing any sick leave benefits. Any employee who is (or expects to be) absent from employment shall notify the appropriate university supervisor immediately, and, in cases where the absence will be for more than three days, the employee shall notify the supervisor of the anticipated length of absence so that arrangements can be made for the employee's duties to be assumed during said absence.

d. Record Maintenance

Records of sick leave days accrued and of those taken shall be maintained by the university for its faculty and administrative employees.

e. Transfer of Unused Sick Leave

Faculty and administrative employees at any Illinois public university or State agency who enter employment with Northern Illinois University shall not be eligible for a transfer of unused sick leave unless authorized pursuant to guidelines approved by the president or designee.

f. Pregnancy

Sick and disability leave Regulations shall be applicable to sickness or disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.

g. Compensation at Termination

Pursuant to P.A. 83-0976 and P.A. 90-65, at the time of termination an employee is entitled to payment for all unused accumulative sick leave days earned after January 1, 1984 and before January 1, 1998. This liquidating compensation shall be equal to one-half of the number of all unused accumulative sick leave days multiplied by the daily rate of pay applicable to the employee at the time of termination of State service. An employee may elect, however, to forego payment for all or a portion of unused accumulative sick days so that such designated days are eligible for additional service credit in the State Universities Retirement System.

h. Sick Leave Bank

The university may establish a system for participation in a university sick leave bank pursuant to P.A. 87-822.

7. Federal Family and Medical Leave

a. Federal Family and Medical Leave Act

Subject to the terms of this provision, all employees who have been employed for at least 12 months with Northern Illinois University and who have worked at least 1250 hours (or an equivalent full-time rate) during the previous twelve months, may on a gender-neutral basis take up to a total of twelve weeks leave during any 12‑month year of service under the federal Family and Medical Leave Act (FMLA) of 1993. Conditioned on P.L. 103-3 and applicable U.S. Department of Labor Rules and Regulations, FMLA leave may be taken for one or more of the following reasons:

• (1) Birth of a son or daughter of the employee and in order to care for such son or daughter.
• (2) Formal placement of a son or daughter with the employee for adoption or foster care.
• (3) Care for the spouse, son, daughter, or parent of the employee, if such spouse, son, daughter, or parent has a serious health condition.
• (4) Serious health condition that makes the employee unable to perform the functions of the position of such employee.
• (5) Qualifying military exigency or service member family leave.

Applicable paid leave benefits (sick leave and vacation leave) may be used by employees prior to assuming FMLA leave without pay.

b. Civil Union Family and Medical leave (Family Illness Leave)

Subject to the terms of provision 7.a. above such leave benefits eligibility shall be expanded to be inclusive of parties to a civil union and their dependents pursuant to university procedures.

8. Leave of Absence

a. Military Service

Leave of absence for military service will be granted in accordance with the law and the provision that after completing the first period of military service, one year shall be given to make adjustments provided that a discharge is not characterized as RE-4 or dishonorable and that the faculty or administrative employee files with the president an intention to return within three months after receiving the discharge. The employee shall be returned to the staff with at least the same rank or classification and status as upon entry to military service.

b. Temporary Military Duty

A leave of absence shall be granted for temporary military duty to any faculty or administrative employee who is a member of the Illinois National Guard, the Illinois Naval Militia, or the reserve components of the Armed Forces called for Limited Training and/or Emergency Call-Up.

• (1) Limited Training
• Leave with full pay for Limited Training will not exceed standards established by federal or state regulations for training activities required to maintain standing in the above military units. In the event the Limited Training is requested by the employee but not required by military authorities, the employee may be granted leave without pay by special permission of the president or designee.
• (2) Emergency Call-Up
• Leave with pay for Emergency Call-Up will continue for the duration of the call-up, but is not to exceed thirty calendar days. Temporary active duty shall not be deducted from the time allowed for regular military training periods.
• (3) Leave Without Pay
• In the event the required annual Limited Training is extended beyond fifteen days or the Emergency Call-Up beyond thirty days, the employee will be granted leave without pay for such additional days.
• (4) Special Military Leaves of Absence Authorized by Statute or Executive Order
• Military leaves of absence will be granted in accordance with applicable Illinois statutes and executive orders issued by the State of Illinois in response to emergency situations and military operations.

c. Bereavement Leave

Upon request, a faculty or administrative employee shall be granted, without loss of salary, bereavement leave of up to three work days due to the death of a member of his or her immediate family or household and one work day due to the death of a relative outside the immediate family or household. Such coverage shall include party to a civil union and the dependents of party to a civil union. Leaves beyond these amounts may be approved under special circumstances. However, such additional leave will normally be charged to applicable paid leave benefits. Substantiation of the reason for bereavement leave may be required.

d. Jury Duty

Upon request, a leave of absence without loss of pay shall be granted for jury duty service. An eligible employee may be granted a leave of absence without loss of pay for witness service.

e. Educational Leave

Faculty or administrative employees may be granted an educational leave with pay for advanced study upon recommendation by the president and approval by the Board. Educational leave without pay may be authorized by the president. The president or designee may establish reasonable rules for the granting of educational leave.

f. Other Leaves Without Pay

Faculty and administrative employees are not entitled to leaves of absence as a matter of right. The president or designee should weigh carefully the benefits and the disadvantages of each individual request for leave of absence without salary for personal cause and shall authorize only those requests that meet the following conditions:

• (1) There is assurance that the vacated position can either be absorbed or that a suitable replacement can be secured.
• (2) The university will benefit by the experience gained by the person on leave.

g. Disaster Relief - Volunteer Services

Leaves of absence will be granted for volunteer services related to disaster relief in accordance with applicable Illinois statutes or executive orders issued by the State of Illinois in response to emergency situations.

h. Parental Leave

Subject to the approval of Human Resource Services, twenty-five (25) paid work days are provided for continuous parental leave for the birth or adoption of a child or assuming the responsibility for a foster child, when the employee is the primary or coequal caregiver for the child. Whenever possible, advance notice of the need for the leave shall be provided. Parental leave shall be utilized within 12 months of the date of birth or adoption of the child and will run concurrent with Family Medical Leave (FMLA). This is intended to replace the existing twenty (20) working days of nonaccumulative leave in 6b. above.

During the period following the birth or adoption of a child, upon request of the faculty member with regular appointment not represented in a collective bargaining agreement who is the primary or coequal caregiver for the child, the university shall grant a period of modified duties without a reduction in salary. Faculty members with regular appointment not represented in a collective bargaining agreement completing any continuous paid parental leave of absence before a semester concludes will be granted modified duties status for the remainder of that semester and will be granted modified duties status in the subsequent semester. A grant of modified duties is in addition to, and does not affect, any FMLA or other leave to which the faculty member is entitled. Faculty members represented in a collective bargaining agreement are subject to terms of that collective bargaining agreement.

9. Educational Benefits

Special condition: Provisions accommodating employees and retirees to implement Public Act 89-4 shall continue until the applicability of such provisions expire.

a. Employees

Faculty and administrative employees and retirees of Northern Illinois University may enroll for credit in Northern Illinois University with exemption from tuition (including differential tuition costs) and other eligible registration fees (as defined in Section V.K. of these Regulations), except for (1) the interdisciplinary Ph.D. in Health Sciences, which shall operate under a Tuition Remittance Program wherein partial or full tuition waivers will be provided only with the employee’s commitment to work at Northern Illinois University for a specified period of time post-graduation, and (2) those fees (such as the student health insurance fee) where eligibility is determined by fee submission to an outside agency or vendor, in accord with university rules. To be eligible for this benefit the employee or retiree needs to meet admissions standards, and the initial date of employment must be on or before the 30th calendar day following the scheduled beginning of the academic term involved, or the last day of registration, whichever is earlier. The Board delegates appropriate authority to the Office of the Provost to establish and publicly post the terms and conditions of the Tuition Remittance Program for the interdisciplinary Ph.D. in Health Sciences.

The waiver granted in any one academic year shall be subject to the following maxima:

• Retirees and full-time employees - up to 20 hours
• 3/4-time employees - up to 15 hours
• 1/2-time employees - up to 10 hours

*The limits listed above indicate the maximum amount of tuition and fee waivers that an employee could qualify for over an entire academic year (i.e., fall, summer, and spring sessions). Employees are not required to attend an entire academic year in order to qualify for a waiver.

For employees not working full-time during the summer, the waiver maximum may be determined by the employment rate of either the summer or of the semester immediately preceding the summer, whichever would yield the highest waiver.

A full-time employee may not register for credit in excess of the limits set forth above unless recommended by appropriate supervisory authority. The total number of registered credit hours may not normally exceed a credit-hour load associated with two courses. If a retiree or part-time employee registers for more than the maximum number of hours for which tuition and fees may be waived, the charge to the employee shall be the difference between the total tuition and fees which would normally be charged for the number of credit hours taken and the amount of tuition and registration fees which may be waived. The tuition and other registration fees to be waived shall be those usually charged undergraduate or graduate students.

Each faculty or administrative employee who wishes to enroll for credit must file with the department head, program coordinator, or other immediate supervisor a statement outlining the extent and goals of the proposed program of studies. That individual will forward the statement with recommendations to the appropriate dean or director for final approval. Approval by the employee's dean or director is a prerequisite for enrollment in any course.

Faculty who hold the rank of assistant professor or higher may take graduate courses but may not be admitted to or enrolled in a program leading to a graduate degree in the same program area or department in which they instruct.

b. Survivors of Deceased Employees

The surviving spouse, party to a civil union and the legally dependent child or children of any faculty or administrative employee, and child or children of a party to a civil union of any faculty or administrative employee. who has died while employed full-time (or on sabbatical leave, sick leave or disability leave) with Northern Illinois University shall be entitled to waiver of tuition and other registration fees (as defined in Section V.K. of these Regulations), except for (1) the interdisciplinary Ph.D. in Health Sciences, which shall operate under a Tuition Remittance Program wherein partial or full tuition waivers will be provided only with the employee’s commitment to work at Northern Illinois University for a specified period of time post-graduation, and (2) those fees (such as the student health insurance fee) where eligibility is determined by fee submission to an outside agency or vendor, while enrolled for course work creditable to the baccalaureate degree at the university. Should both parents be full-time employees, the death of one parent makes the child or children eligible for the waiver. "Legally dependent child or children" for this purpose shall mean and include any child who qualified, at the time of the employee's death, as a dependent for income tax exemption purposes under the provisions of Section 152 of the United States Internal Revenue Code, or the legally dependent child or children of the employee’s party to a civil union. The Board delegates appropriate authority to the Office of the Provost to establish and publicly post the terms and conditions of the Tuition Remittance Program for the interdisciplinary Ph.D. in Health Sciences.

10. Tax-Deferred Compensation Plan

In accordance with the applicable provisions of the United States Internal Revenue Code, the University Employees Custodial Accounts Act, 110 ILCS 95 0.01, and the State finance Act, 30 ILCS 105, as amended, the Board of Trustees shall provide a tax-deferred compensation plan for the employees of Northern Illinois University as set forth in Board Regulation Section V.N.

11. Transfer of Benefits

Employees of Northern Illinois University transferring without a break in service from faculty and administrative status to Civil Service status, or the reverse, shall become eligible for benefits of their new status in accord with their years of service at Northern Illinois University, and without loss of accumulated sick leave or vacation days.

12. Tuition Waiver Program for Employee Children

Special condition: Provisions accommodating employees and retirees to implement Public Act 89-4 shall continue until the applicability of such provisions expires.

General

This Regulation incorporates benefits provided under Illinois Compiled Statutes, Chapter 110, Section 705/8h. Consonant with that statute, it is the purpose of the Board of Trustees to provide tuition waiver benefits to eligible children of employees in an orderly manner that is consistent among different employee groups. Children of a party to a civil union of employees shall also be eligible for this benefit under the same standards and limitations. Explicitly, it is the Board's intention that under the Board Regulations no eligible child receiving a benefit under the sponsorship of this program shall be granted a waiver greater than 50% of the total tuition.

This Regulation shall remain in effect until such time as it is modified either by actions of the Illinois General Assembly or the promulgation of additional internal rules or regulations by the Board of Trustees.

Part 1

a. Eligibility Criteria

• (1) Employees Hired Prior to September 1, 1992
• All full-time faculty or administrative employees hired prior to September 1, 1992, on approved payroll status and who are not eligible under Part 2 of this Regulation may participate under Part 1.
• Eligible employees may obtain an employer waiver of 50% of the tuition assessed the employee's children during the regular academic year for undergraduate courses at the university. The employer waiver is available only for employees' children who are under age 25 at the beginning of the fall semester of the current academic year. Fees and charges other than tuition are not included in the employer waiver.
• (2) Employees Hired After September 1, 1992 and on or before December 31, 1998
• All full‑time faculty or administrative employees hired after September 1, 1992, and on or before December 31, 1998, on approved payroll status may participate under Part 1 of this Regulation after three years of full‑time consecutive or unconsecutive employment with the university until such time as they become eligible to participate under Part 2. The three years of qualifying service must have been accrued by the beginning of the fall semester of the academic year for which the benefit is requested, and have been on a 100% appointed basis in a capacity that is eligible for participation in the State Universities Retirement System. For purposes of benefit eligibility, faculty and administrative employees who complete a 9‑month appointment comprising a full academic year shall receive the full‑year service credit.
• Eligible employees may obtain an employer waiver of 50% of the tuition assessed the employee's children during the regular academic year for undergraduate courses at the university. The employer waiver is available only for employees' children who are under age 25 at the beginning of the fall semester of the current academic year. Fees and charges other than tuition are not included in the employer waiver.
• (3) Retirees with Qualifying Service
• Effective August 1, 1992, eligible children of individuals who have retired from Northern Illinois University with at least seven years of full-time service with the university may participate under Part 1 of this Regulation in the same manner as children of active full-time employees who were hired prior to September 1, 1992.

b. Limitations

The 50% tuition waiver is the total amount available from the employer per child even though both parents may be full-time employees of the university. The maximum four4 years' undergraduate tuition waiver will be granted for a total of eight8 semesters as a full-time student and not more than four4 summer terms. These semesters need not be taken consecutively. The benefit is also conditioned on the student's maintaining satisfactory academic progress toward graduation. The waiver is not applicable for noncredit or graduate/professional academic programs.

The employee must have met eligibility requirements for inclusion in the program at the time that application is made for the benefit. The benefit shall not be rescinded or suspended in the event an employee becomes ineligible during any given academic semester; however, no future benefits may be extended until the employee regains eligibility status.

c. Procedures

Applications and waivers shall be processed under Part 1 of this Regulation only when applicants are not eligible under Part 2 of this Regulation. Applications for waivers shall be administered by the university. Reasonable procedures for implementing this Component of the Regulation will be approved by the president or designee.

Part 2

a. Eligibility Criteria: Employees with 7 or more Years of Service

As used in Part 2 of this Regulation, "Illinois university" means any of the following: Northern Illinois University, University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, and Western Illinois University.

All full or part-time faculty and administrative employees on approved payroll status, who have had public university employment at a rate of 50% or more of the normal full-time appointment in a SURS-eligible appointment capacity for 7 or more service years may participate under Part 2 of this Regulation. The service requirement may be met by cumulative employment and need not be consecutive.

Eligible employees may obtain an employer waiver of 50% of the tuition assessed the employee's children during the regular academic year for undergraduate courses at an Illinois university. The statutory waiver is available only for employees' children who are under age 25 at the beginning of the fall semester of the current academic year. Fees and charges other than tuition are not included in this waiver. Further, the student eligible for this benefit must qualify for admission to the relevant Illinois university under its standard policies.

b. Limitations

The 50% tuition waiver is the total amount available from the relevant Illinois university under Public Act 90-282 per child even though both parents may be employees of the university. The maximum four years' undergraduate tuition waiver will be granted for a total of eight semesters as a full-time student and not more than four summer terms. These semesters need not be taken consecutively. The benefit is also conditioned on the student's maintaining satisfactory academic progress toward graduation. The waiver is not applicable for noncredit or graduate/professional academic programs.

The employee must have met the eligibility requirements for inclusion in the program at the time that application is made for the benefit. The benefit shall not be rescinded or suspended in the event an employee becomes ineligible during any given academic semester; however, no future benefits may be extended until the employee regains eligibility status.

c. Procedures

Applications and waivers shall be processed under Part 2 of this Regulation when applicants are eligible in accordance with Illinois Compiled Statutes, Chapter 110, Section 685/30-90. Applications for waivers shall be administered by the university in cooperation with applicable interinstitutional administrative offices. Reasonable procedures for implementing this component of the Regulation will be approved by the president or designee.

It is intended that those tuition waivers granted pursuant to Part 2 of this Regulation and in accordance with the provisions of Illinois Compiled Statutes, Chapter 110. Section 685/30-90, shall not be charged against any tuition waiver limitation established by the IBHE.

13. Alternate Vacation, Sick Leave and Holiday Benefits

As an alternative to the foregoing benefits for vacation, sick leave and holidays, the president may approve appropriate substitutes for employees providing specialized services for off-campus programs, contracts or services. These substitutes shall conform to any applicable limitations imposed by state or federal law and shall not exceed the limitations set forth in this Section.

14. Pretax Qualified Employees' Transportation Benefit

Subject to the requirements and limitations of relevant provisions of Section 132 of the United States Internal Revenue Code, related regulations and applicable provisions of Illinois law, the Board of Trustees authorizes a pretax employee benefit for qualified parking as defined by 26 USC 132(f)(5)(C) on University premises.

Subsection E. Sabbatical Leave

1. Purpose

The sabbatical leave program is intended to maintain and improve the quality of the educational programs of Northern Illinois University by creating opportunities for academic and other eligible staff to acquire new methods and techniques, to broaden outlooks, and to improve professional competency and stature through study, research and other professional development activities.

2. Procedures

The president of the university may recommend to the Board that eligible employees covered under this section be granted sabbatical leaves subject to the following conditions:

1. Sabbatical leaves to be granted each year shall be limited to one out of every 25 full-time eligible employees or major fraction thereof.
2. No individual may receive a sabbatical leave until he or she has completed five or more years of full-time service on the academic staff at the institution.
3. No person shall receive a leave more often than once in seven years.
4. The timing and period of the sabbatical leave shall be left to the discretion of the president, provided, however, that:
   1. The total leave period may not exceed nine months.
   2. The total leave compensation may not exceed the equivalent of four and one-half months' pay at the salary rate in effect during the leave period.
   3. At no time shall the rate of leave compensation exceed the monthly contract salary rate in effect during the leave period.
5. An individual granted a sabbatical leave assumes a professional obligation to return to the university for a period of at least one year subsequent to his leave.
6. When an individual receives a grant such as a Fulbright, that person may be granted sabbatical leave with pay, and may accept the grant, provided the amount of such grant allocated to salary plus the amount of the salary on leave does not exceed the normal salary for the period of sabbatical.
7. The university shall require timely submission by the faculty member of a complete report of sabbatical activities.

Subsection F. Retirement

The statutes, rules and regulations of the State Universities Retirement System will prevail, unless modified for Northern Illinois University employees by the Board of Trustees.

Subsection G. Staff Reductions

1. Reduction in or Elimination of a Department or Similar Academic Unit

Upon the bona fide reduction in or elimination of a department or similar academic unit and in a condition other than a financial exigency, Northern Illinois University shall give notice to faculty members who are to be displaced. In the case of a tenured faculty member, the university shall give notice at least 12 months before the end of the academic year in which the individual is to be terminated and shall seek to find an assignment for which the individual is, or may become, professionally qualified. In the case of untenured faculty, the university shall be responsible only for providing notice as soon as reasonably possible after the decision has been made to reduce or eliminate the department or similar academic unit.

2. Financial Exigency

For the purpose of this Regulation, financial exigency shall be defined as follows:

A financial exigency is a condition affecting a whole university. It will be considered to exist when (1) the State operating appropriation for Northern Illinois University, adjusted for any mandated salary increments and for the impact of inflation on nonpersonal service costs and excluding retirement, is expected to be less than that of the previous year or when the funds made available to operate the university are reduced in the course of a fiscal year below the level of the appropriation authorized by the Governor and General Assembly, and (2) when either type of reduction if evaluated in relation to the major program and service commitments of the university can be expected to require a reduction in the number of authorized faculty positions and the emergency layoff of tenure-track or tenured faculty.

a. Identification of a Financial Exigency - Advisory Financial Exigency Committee

If the president believes that a financial exigency is imminent, the president shall inform the university community of this and provide an explanation to the constituent assembly or other appropriate bodies. The president shall also designate, if this has not been done previously, and begin consultation with an advisory financial exigency committee representing administrators and faculty holding academic rank, professional personnel who do not possess academic rank, civil service personnel, and students. This committee shall be of a small enough size to ensure availability for frequent meetings and effectiveness. If feasible, the existing committee structure of the university shall be utilized to serve this purpose. If, after receiving the advice of the committee and whomever else the president deems it necessary and desirable to consult, if the president remains convinced that financial exigency is imminent, the president shall present the matter to the Board.

b. Board Declaration

The Board shall take up the issue of financial exigency when requested to do so by the president. It shall review all written documentation and information presented by the university and any other concerned groups or individuals. The issue shall be reviewed in open session at the earliest Board meeting possible (if necessary, one called specially for this purpose). The meeting shall be open to presentations by concerned parties from the university community. The issue shall be put to vote through a formal motion to declare a state of financial exigency at the university.

c. Allocation Procedures

After the Board has declared a state of financial exigency, the university administration shall take action to allocate necessary funding reductions among the various departments and cost centers. This process shall be characterized by consultation and broad input, particularly the active participation of the campus advisory financial exigency committee. In the final analysis, however, the university administration shall have the authority and responsibility to make the necessary decisions on allocating budget reductions within the university.

d. Allocation Criteria

In making decisions on the allocation of budget reductions, alternatives to the large-scale dismissal or layoff of instructional personnel shall be carefully considered in light of total campus needs and circumstances. Budget reductions shall be sensitive to the overall mission of the university and shall consider qualitative and quantitative assessments including, but not limited to, shifts in university program priorities, student enrollment trends, the record or potential for program excellence, accreditation requirements, cost of program support, and the contribution of the program to the university.

e. Allocation Plan

The Board shall be frequently and fully informed of major allocation planning decisions made by the university. Further, the Board may require that the university submit to it a plan for the distribution of funding reductions among departments and cost centers for review and approval before specific personnel reduction decisions are made on campus.

f. Personnel Reduction Procedures

In order to carry out any personnel reductions that are required to deal with a financial exigency, the president in consultation with the advisory financial exigency committee shall formulate procedures that are appropriate, considering those that are normally utilized in making academic and nonacademic personnel decisions, matters of procedural fairness, and the time constraints that can be anticipated.

The president shall inform the Board of any such action and explain the reasons for it. The advisory financial exigency committee shall be provided an opportunity to record its support or opposition to the action of the president.

g. Personnel Reduction Criteria

The criteria that shall be utilized in making personnel reduction decisions required by a financial exigency shall emphasize program needs, tenure, affirmative action and length of service.

• (1) Program Needs
• Highest importance shall be attached to preserving the quality of education at the university and the viability of essential university programs. Consequently those employees, who by defensible criteria are deemed to be of key importance to the academic or nonacademic activities of each cost center, shall be retained in preference to other employees, whatever their status.
• (2) Tenure
• Tenure considerations shall have second priority in decisions regarding academic personnel. Thus, after decisions have been made in order to protect major program needs within each department or similar academic unit, part-time and temporary faculty shall be released before faculty who have tenure-track appointments but not tenure, and tenure-track faculty without tenure shall be released before faculty with tenure.
• (3) Affirmative Action
• Next highest priority shall be given to maintaining a desirable level of female and minority personnel. Accordingly, after program need and tenure determinations have been made, reductions of faculty shall be carried out in such a manner that after reduction the percentages of full-time employees of the cost center represented by women and by minority members will come as close as possible to the proportions that existed prior to reduction. Academic and nonacademic personnel in the same cost center shall be considered separately for this purpose.
• (4) Seniority
• Fourth priority shall be placed on length of service. Thus, after program need, tenure, and affirmative action considerations have been assessed, reductions shall be made on the basis of total years of full-time service to the university since the most recent date of appointment, with those who have served the fewest number of years being released first.

h. Transfer and Retraining

In considering staffing changes necessitated by financial exigency, the university shall consider transfer or retraining as alternatives to layoff or termination where justified by particular individual capabilities or skills and by genuine program needs.

i. Notification of Layoff or Termination

When a decision is made to recommend the layoff or termination of a non-Civil Service employee (faculty, administrative, and professional-technical) because of financial exigency, the employee shall be given as much notice as possible, but in any event at least 60 days prior to the date on which the layoff or termination is to take effect. The notification shall specify the layoff or termination date, shall provide a summary of the reasons for and evidence supporting the declaration of financial exigency, an explanation of the basis for the decision not to retain the employee, and the manner in which that employee's right to a university hearing to review the decision and the procedures to be followed in requesting such. If a hearing is requested but cannot be initiated or completed prior to the end of the notice provided, the employee shall be automatically laid off at the end of the notice period, subject to reinstatement if the decision is reversed by the Board.

j. Hearing Procedures

Those individuals who are recommended for a layoff or termination because of financial exigency shall be entitled to a prompt university hearing if they request the same. For this purpose, the university shall establish its own hearing procedures. The procedure shall ensure a prompt and expeditious hearing that is fair and unbiased, but the procedural requirements of formal adjudication shall not be imposed. The decisions of the university hearing body that are completed prior to Board review shall be conveyed to the Board together with the recommendations of the president. In the event that the university hearing body makes its decision after the Board has acted, those decisions that differ from the action taken by the Board shall be conveyed to the Board together with any revised presidential recommendations for Board review and re-evaluation. The Board review of personnel decisions required by financial exigency shall not be considered a formal stage of appeal beyond the hearing level. The Board shall decide contested decisions by whatever approach it thinks will best serve the interests of all parties concerned and the university.

k. Hearing Scope

The university hearing body shall evaluate whether established procedures were followed and appropriate criteria applied in arriving at the decision to terminate or lay off an employee. It shall not review the decision to declare a financial exigency or the allocation of necessary funding reductions among the various university departments and cost centers.

l. Layoff and Rehiring

Academic and administrative employees who are released from their positions because of financial exigency shall be either laid off or terminated. Tenured employees and ordinarily most tenure-track employees shall be laid off. Those who are laid off as a consequence of financial exigency shall have preferential reemployment rights for a period of three years after the date of layoff. During that period, such employees shall be notified of all employment opportunities that are reasonably comparable to their former employment responsibilities and rehired in accordance with the preceding personnel reduction criteria established in subtopic 2.g. of this Regulation. A name shall be removed from the reemployment list in less than three years only by action of the laid off employee, but former employees shall be responsible for keeping the university informed of their current addresses.

m. Benefits for Laid Off Employees

Employees who are laid off as a consequence of financial exigency shall be entitled to accrued benefits in accordance with applicable statutes and Board policies. Further, laid off employees who are reemployed shall have reinstated all unused benefits that were earned previously. Tenured faculty who are laid off shall retain tenured status if later reemployed by the university. Time spent laid off shall not count toward any part of an untenured faculty member's probationary period in case of reemployment, however.

n. University Implementation

Northern Illinois University shall adopt such additional procedures as are necessary to make campus governance and personnel review processes consistent with this Regulation and to ensure that a condition of financial exigency will be dealt with responsibly and effectively at the university level.