Ineligibility for Rehire Policy

The purpose of this policy is to define the circumstances in which The University of North Carolina at Chapel Hill (“University”) will classify an individual as ineligible for rehire into any University position after they separate from University employment.

University Policy

Title

University of North Carolina at Chapel Hill Policy on Ineligibility for Rehire

Introduction

Purpose

The purpose of this policy is to define the circumstances in which The University of North Carolina at Chapel Hill (“University”) will classify an individual as ineligible for rehire into any University position after they separate from University employment.

Scope

This policy applies to all University employees, regardless of employee type, and all candidates for University employment. This policy does not apply to employment at other state agencies or institutions in The University of North Carolina system.

Policy

Policy Statement

The University will classify an individual as ineligible for rehire into any University position in the following circumstances:

• The employee is terminated for Misconduct;
• The employee resigns in lieu of termination for Misconduct;
• The employee resigns before completion of an investigation of Misconduct;
• The employee’s term-limited contract is not renewed due to allegations of Misconduct; or
• The employee agrees to forgo future employment as part of a negotiated agreement with or facilitated by an authorized unit of the University.

The Office of Human Resources in consultation with the University Compliance Office, the Office of Faculty Affairs and other offices as necessary, retains authority to determine whether an individual is ineligible for rehire. Individual hiring units do not have the authority to determine whether an individual is classified as eligible or ineligible for rehire in accordance with this policy.

Exceptions 

Petition for Reconsideration

An individual who has been classified as ineligible for rehire in accordance with this policy may submit a petition for reconsideration in accordance with the Procedure for Ineligibility for Rehire. If the petition is successful, the individual will be eligible for rehire at the University. However, the University may place limitations on the types of positions for which the individual is eligible to be hired. Eligibility for rehire does not guarantee University employment. 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.

Definitions

• Misconduct: Behavior of such a nature as to indicate that the individual is unfit for University employment, including but not limited to engaging in unethical conduct or violations of professional ethics; mistreatment of students or employees; financial or other fraud; criminal, or other unlawful, prohibited, or inappropriate conduct.

Related Requirements

External Regulations

• Office of State Human Resources Disciplinary Action Policy
• The UNC Policy Manuel, 100.1, The Code, Chapter VI, Academic Freedom and Tenure
• The UNC Policy Manuel, 300.1.1, Policy on Employees Exempt from the North Carolina Human Resources Act

University Policies, Standards, and Procedures 

• Ineligibility for Rehire Procedure