Policy VII-1.22-GC UMGC Policy on Separation for Regular Exempt and Overseas Staff Employees

(Approved by USM BOR on April 21, 2017; UMGC President July 1, 2017; Updated February 28, 2020)

1. Purpose and Applicability

   The purpose of this policy is to establish a separation process for Regular UMGC Exempt and Overseas staff employees in the University of Maryland Global Campus (UMGC).

2. General

   1. Exempt and Overseas staff employees on regular status are employed on an at-will basis. Accordingly, subject to applicable laws and policies, the employment relationship may be terminated at any time with or without cause by either the employee or UMGC, consistent with section III of this policy.

   2. All actions taken under this policy and applicable procedures shall be reviewed by the Vice President of Human Resources (VPHR) or designee in advance of the action being taken.

   3. Notification from employee to UMGC

      1. An employee who wishes to end their employment with the UMGC stateside division should give at least 14 calendar days' written notice.

      2. An employee who wishes to end his/her employment with the UMGC overseas divisions should give at least 30 calendar days' written notice to allow for any required out-processing.

   4. Resignation in Lieu of Termination
      The VPHR has the discretion to permit, but not require, any employee to resign in lieu of involuntary separation and may determine an appropriate period of notice to be provided that serves the best interest of UMGC. The length of the period of notice provided is not required to conform to the schedule contained in III.A.1. of this policy.

3. Termination by Period of Notice

   1. Determination of Period of Notice

      1. Unless an employee is being separated for cause in accordance with section IV of this policy, an employee who is involuntarily separated at or below the director level shall be provided a defined period of notice, based on the number of years of UMGC service as follows:

         Years of UMGC Service	Period of Notice
         Less than one year	One month
         One year but less than four years	Three months
         Four years but less than seven years	Six months
         Seven years but less than ten years	Nine months
         Ten years or more	Twelve months

      2. Prior UMGC service shall be included unless there was a break in service longer than three (3) years.

      3. At the discretion of the president or designee and in consultation with the VPHR, an employee at or above the assistant vice president or assistant vice provost level who is involuntarily separated, including resignation in lieu of termination, may be provided a period of notice. The length of the period of notice provided is not required to conform to the notice requirement based on years of UMGC service outlined in III.A.1. of this policy.

   2. Employee Work Assignments During Period of Notice

      1. During the period of notice, the VPHR or designee may:

         1. Assign alternate duties and responsibilities to an employee who has been notified of a period of notice separation for any part or all of the period of notice or at a level of part-time service of at least 25%; or

         2. Continue the employee in his/her regular position during the period of notice separation.

   3. Compensation in Lieu of Notice
      In lieu of providing a full period of notice to an employee who is being involuntarily separated, including those permitted to resign in lieu of termination under section II.D., UMGC may determine that an employee should be separated prior to the end of the notice period. In such a case, UMGC shall provide appropriate alternative compensation in the form of a lump-sum payment, subject to applicable withholdings, to the employee to compensate for the loss of salary and/or benefits for which the employee would otherwise have received during the notice period. UMGC may develop an appropriate compensation arrangement for the employee to be terminated that meets the goals of this section.

   4. Overseas Staff - At the time notice is received, the overseas staff employee shall contact the VPHR or designee to ensure necessary out-processing, including, computation of unused vacation/holiday time off, return of military vehicle registration, ration and I.D. cards, and other matters as required by UMGC Asia/Europe and the military, if applicable. UMGC Asia/Europe may withhold amounts from an overseas staff employee’s final paycheck to cover the failure to return required items.

   5. Failure to provide notice as set forth in this section may be grieved according to VII-8.00-GC – UMGC Grievance Policy for Nonexempt and Exempt Employees or VII-8.01-GC – UMGC Grievance Policy for Overseas Employees, as applicable.

4. Termination for Cause

   With the approval of the VPHR or designee, the period of notice defined above, is not required if the employee is to be terminated for cause, including any of the following reasons:

   1. Moral turpitude;

   2. Incompetency;

   3. Willful neglect of duty or abandonment of job;

   4. Inefficiency in the performance of job duties, including failure to meet established performance expectations as documented in performance evaluations and/or disciplinary action;

   5. Illegal actions or violation of any provisions of the state ethics law;

   6. Gross misconduct or wantonly offensive behavior towards fellow employees, students, clients, users of UMGC facilities, or the general public;

   7. Insubordination or serious breach of discipline;

   8. Serious breach of professional behavior that reasonably may be expected to result in lower morale in the organization or loss or injury to the university or public;

   9. Professional or scholarly misconduct;

   10. Severe safety violations or actions that cause significant damage to public property or waste of public resources;

   11. Failure to accept reassignment; or

   12. Medical condition causing inability to perform the essential functions of the employee's job with reasonable accommodations required by law.

   13. Additionally, overseas staff employees may be terminated for the following additional reasons:

       1. Failure to obtain and maintain required individual logistical support throughout the appointment period; to cooperate with the overseas divisions in connection with logistical support; and/or revocation of logistical support;

       2. Failure of an overseas staff employee to obtain and maintain required identification documents or other documents necessary for the performance of assignment; failure to cooperate with UMGC Asia/Europe in connection with obtaining or maintaining identification documents; and/or revocation of identification documents;

       3. Notification from the Department of Defense or military/base representative that an overseas staff employee may no longer be employed by UMGC Asia/Europe; provide certain services during employment; or have access to one or more locations;

       4. Failure of an overseas staff employee to adhere to the host nation laws of the countries to which he or she is assigned to work; or

       5. Failure of an overseas staff employee to comply with such Army, Air Force, Marine, Navy, and host nation regulations as may be applicable concerning standards of conduct.

Implementation Process:

The UMGC President has designated the Vice President of Human Resources (VPHR) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Replacement for:

• USM BOR VII-1.22: Policy on Separation for Regular Exempt Staff Employees

• UMGC OS 27.00: Policy on Involuntary Separation of All Staff

See all Human Resources Policies and Procedures