MEMORANDUM OF UNDERSTANDING ON TEMPORARY REASSIGNMENTS

When necessary to prevent a disruption to the operations of the University, the Chancellor may temporarily reassign a Faculty Member or place the Faculty Member on administrative leave with pay pursuant to Article XVIII, Section B.6. This MOU provides further specifics as to the process for implementing a temporary reassignment or administrative leave with pay for this Article.

1. The Employer’s current practice is to inform the Faculty Member of a temporary reassignment or administrative leave with pay action and to declare that the temporary reassignment or leave with pay is not a disciplinary action. The parties agree that whether or not the temporary reassignment or leave with pay is a disciplinary action may be decided through the grievance process on a case-by-case basis.

2. Under Article XVIII.B.6, when the Chancellor believes that a faculty member’s continuance may disrupt the operations of the University, the Chancellor may temporarily reassign or place a faculty member on administrative leave with pay. The Chancellor, or designee, may not reassign or place a faculty member on administrative leave with pay on the grounds of disruption of operations for more than thirty (30) days without either written consent of the Union or providing a statement in writing of the grounds therefor to the faculty member and the Union. In some cases, the Employer’s present practice does not adequately explain to the Faculty Member the basis for the Chancellor’s belief that the Faculty Member’s continuance may disrupt the operations of the University such that reassignment or administrative leave with pay for more than thirty (30) days is necessary. Additionally, in some cases, the Employer’s present practice to issue a thirty (30) day extension of a temporary reassignment or administrative leave with pay action does not provide a new assessment that the action taken remains necessary, an update on the progress of the investigation, the reason that additional time is needed, or the anticipated end date for the action. Pursuant to this MOU:

A. The Chancellor, or designee, will inform the faculty member and the Union of the rationale and supporting facts no later than five (5) working days after the reassignment or placement on leave with pay.

B. If the Chancellor believes that a temporary reassignment or leave with pay action needs to be extended, the Chancellor or designee will provide the Union and the faculty member with a reassessment of the action, information as to the progress of the investigation (e.g., we have completed interviewing half of the witnesses) and the
reason for additional time needed (e.g., the replacement of an investigator) and the anticipated end of the action (e.g., it is anticipated that the investigation will be completed by the end of May 2018).