University Procedure
Title
University of North Carolina at Chapel Hill Procedure for Ineligibility for Rehire
Introduction
Purpose
In accordance with the Policy on Ineligibility for Rehire (“Policy”), this procedure describes the processes for:
- Determining whether an individual is classified as ineligible for rehire at the University; and
- Petitioning for reconsideration once an individual is classified as ineligible for rehire.
Scope
This procedure applies to all University of North Carolina at Chapel Hill ("University") employees, regardless of employee type, and all candidates for University employment. This procedure does not apply to employment at other state agencies or institutions in The University of North Carolina System.
Procedure
Determining Eligibility for Rehire
When the Office of Human Resources (OHR), University Compliance Office (UCO) or the Office of Faculty Affairs (OFA) identifies that an employee is facing separation in a circumstance that could render the employee ineligible for rehire in accordance with the Policy, OHR/UCO/OFA will seek approval to classify the employee as ineligible for rehire from the Chief Human Resources Officer (“CHRO ”) or designee. To request approval, OHR/UCO/OFA will provide the CHRO or designee with the following information:
- The specific circumstance listed in the Policy that qualifies the employee to be classified as ineligible for rehire;
- A brief summary of the alleged Misconduct underlying the pending separation; and
- Any other information relevant to the decision.
The CHRO will consider the proposal in consultation with a panel comprised of appropriate representatives from OHR, UCO, OFA, and the Office of University Counsel (“OUC”). If the CHRO or designee approves the request, OHR/UCO/OFA will proceed with notifying the employee, as outlined in this procedure. If the CHRO or designee does not approve the request, the CHRO or designee will meet with OHR/UCO/OFA and any other appropriate individuals to discuss concerns and alternative courses of action.
If approved, OHR will ensure appropriate notation in all relevant OHR personnel information management systems and other appropriate records.
Notification to Employee
The University will notify the employee in writing that they will be classified as ineligible for rehire. This notification will include links to the Policy and this procedure and will indicate that these documents describe the process for individuals to petition for reconsideration. This written notification will typically be included in the following, when applicable:
- Notice of intent to terminate employment;
- Notice of intent not to renew a term-limited appointment;
- A response to a letter of resignation;
- In the terms of a negotiated agreement with or facilitated by an authorized unit of the University; or
- Any other written notification terminating employment.
Petitions for Reconsideration
The University will consider petitions for reconsideration only in the following circumstances:
- An employee who has been notified that they have been classified as ineligible for rehire and has not had the opportunity to respond to the allegations of Misconduct may immediately submit a petition for reconsideration upon notification.
- In all other cases, individuals may submit a petition for reconsideration no earlier than 2 years after their separation and/or no earlier than 2 years after any previous petitions for reconsideration.
Individuals who agree to forgo future employment as part of a negotiated agreement with or facilitated by an authorized unit of the University are not eligible to petition for reconsideration unless otherwise specified in the agreement.
Steps for a Petition for Reconsideration
- Petitioner emails Employee and Management Relations emr@unc.edu to request a petition template.
- The petition must, at a minimum, include:
- Petitioner’s name, PID (if known), and date of separation;
- The petitioner’s arguments in support of becoming eligible for rehire;
- Any employment held, including dates of employment and contact information for references, since leaving the University (if applicable);
- Reasons the petitioner believes they will positively contribute to the University, if chosen for hire, including any achievements or educational experiences since leaving the University (if applicable); and
- Other relevant information.
- Petitioner will send the completed petition to Employee and Management Relations.
- Employee and Management Relations will forward the petition to the CHRO or designee.
- The CHRO or designee will assemble a panel consisting of appropriate representatives from OHR, UCO, OFA, and OUC to:
- Review the petition;
- Verify the details provided in the petition to the best of their ability;
- Gather any other relevant information;
- Develop a recommendation to approve or reject the petition (If the group is not unanimous in their recommendation, the group may send more than one recommendation.); and
- Send the recommendation(s) to the CHRO or designee.
- The CHRO or designee will review the recommendation(s) and accompanying information and will provide the decision to the petitioner in writing, considering the following factors:
- The nature of the conduct that led to the classification;
- The veracity of the information provided in the petition;
- Length of time since their previous employment with the University and any professional experience during that time;
- Demonstration of growth and/or learning since their previous employment with the University;
- Any ongoing risk factors to the University if the individual were to be reemployed by the University; and
- Any other relevant factors.
- If the CHRO or designee approves the petition, OHR will ensure appropriate notation in all relevant OHR personnel information management systems and other appropriate records. If the CHRO denies the petition, the petitioner must wait at least 2 years from the date of the notification to submit another petition for reconsideration.
Definitions
Related Requirements
External Regulations
University Policies, Standards, and Procedures