7.75 – Process to Determine Eligibility for Rehire Status

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Details

Scope: NMSU System

Source: ARP Chapter 7 | HR - Compensation and Changes in Status

Rule Administrator:

Last Updated: 04/12/2016

Related

Cross-Reference:

Appendix – ARP 7.75-A – Flowchart of Procedures to Determine Eligibility for Rehire Status



Revision History:

2017 Recompilation, formerly Rule 4.30.30
04/12/2016 Amendment approved by Chancellor
10/21/2015 Policy 4.30.30 approved as initial Rule 4.30.30 by Board of Regents
05/11/2012 Amendment approved for Policy 4.30.30 by Board of Regents
07/15/2008 NMSU Policy 8.40.1 adoption approved by Board of Regents
06/10/2008 NMSU Policy 8.40.1 adopted by Administrative Council

PART 1:  INTRODUCTION


This Rule assists the university to maintain a secure and safe campus and an effective and efficient work environment. It provides a process for management, working in coordination with the Office of HRS-Employee and Labor Relations, to determine whether an employee or former employee (also referred to as “affected employee”) should be deemed ineligible for rehire within the NMSU System.

 

PART 2:  CONDITIONS REQUIRED TO CHANGE STATUS TO INELIGIBLE FOR REHIRE


Affected employees may be deemed ineligible for rehire, if their separation from employment was based on or preceded by serious misconduct detrimental to the mission and interests of the university.  For misconduct to result in a determination of ineligibility for rehire, it must be capable of being proven by a preponderance of the evidence and be of such a nature that it either did or would have supported an involuntary termination under the applicable disciplinary policy or rule.  This Rule applies in situations where the affected employee is terminated for just cause and also in situations where misconduct is discovered and/or substantiated by an internal investigation as or after the employee resigns or retires.

 

PART 3:  PROCEDURES (See Also Appendix ARP 7.75-A)


A. STEP 1: Review of Facts Supporting Change in Status; Time Deadline

  1. The dean, vice president or equivalent unit leader of the supervising department provides documentation in support of a request to change an affected employee’s status to ineligible for rehire.
  2. HRS-ELR reviews and if it concurs, it will manage the process to generate and send the appropriate notice to the affected employee.
  3. The notification to an affected employee shall be given within one year from the date that facts or allegations are discovered by supervisory management which may require a formal investigation; if no action is taken under this rule within the year, it shall be time-barred. An exception to this rule may be allowed in the event that an inability to locate the affected employee prevents timely notification, and in that case, the deadline shall be tolled until the affected employee is located.

B. STEP 2: Written Notice to Affected Employee

  1. Affected employees will be given written notification by HRS-ELR of the factual basis/es supporting a change in employment status to ineligible for rehire.  This notice may be given either: 1) during an exit interview process, 2) in a notification part of an involuntary termination proceeding; or 3) if the employee has already separated from the university, by written notice delivered to the employee.  Delivery may be accomplished by any means including but not limited to personal delivery, e-mail or fax, certified mail or regular first class mail.   If a mailed document is not returned as undeliverable, there shall be a presumption of delivery.

C. STEP 3: Affected Employee’s Right to Contest:

Unless the notification is/was part of a proposed termination action (which is contested in a distinct pre-determination hearing and appeal process), the affected employee may contest the change in status by submitting a request for formal review to HRS-Employee and Labor Relations within ten (10) working days from receipt of the written notice form HRS-ELR.

D. STEP 4: HRS-ELR PROVIDES DOCUMENTATION IN SUPPORT OF CHANGE IN STATUS:

If the affected employee requests a formal review, within ten (10) working days from receipt of the request, HRS-ELR will provide the documentary or other evidence which supports the proposed change in status.

E. STEP 5: AFFECTED EMPLOYEE SUBMITS DOCUMENTATION OPPOSING CHANGE IN STATUS

The affected employee shall have thirty (30) working days to deliver a written statement to the Assistant Vice President for Human Resource Services explaining the reasons the affected employee believes the change in status is not warranted.

F. STEP 6: REVIEW AND OFFICIAL DECISION BY HRS OR EVP/PROVOST OFFICE:

  1. If the affected employee was a student or staff, the determination review will be conducted by the assistant vice president for human resource services or designee.
  2. If the affected employee was faculty, HRS-ELR will forward to the executive vice president and provost or designee for a decision.
  3. The assistant vice president for human resource services or designee or the executive vice president and provost or designee, as appropriate, after consultation with General Counsel, will review the matter and render an official decision on behalf of NMSU within thirty (30) working days from the date of receipt of the written statement from the affected employee. The decision may uphold, reverse or modify the proposed determination of ineligibility and will be the university’s final decision.
  4. The Decision may be delivered using any of the methods described above for delivery of the notice of proposed change in employment status.