Personnel Policy and Practice in Higher Education

S Y L L A B U S of “ Personnel Policy and Practice in Higher Education

[This document does NOT constitute a contract (legal relation) between the student and Appalachian State University. It is simply an outline of anticipated study for this academic period. Plans and assignments may change as needed and the time-line is flexible as well.]

1. HE 6840, 3 Semester Hours Dr. Ralph G. Hall, Professor Office Hours: By Appointment P.O. Box 541 828/297-1194; FAX: 828/297-5355 Valle Crucis, NC 28691 E-mail: [email protected]

2. COURSE DESCRIPTION:

The course’s emphasis explores a wide variety of employment issues, including the rapidly changing areas of exceptions to the employment-at-will rule, and disability discrimination in employment. Further, the course includes a very broad range of employment law topics, such as Title VII of the Civil Rights Act of 1964. Also, a detailed study will be made of all aspects of personnel administration such as recruitment and selection, job evaluation, compensation, and benefits, and discipline and discharge. Selected passages of the ASU Faculty Handbook will be studied.

3. GOALS AND OBJECTIVES:

At the conclusion of this course, a student will:

A. understand basic aspects and general concepts of employment policies in institutions of higher education, especially in the State of North Carolina

B. know and understand the sources of personnel laws and regulations of higher education, and be able to conduct elementary research

C. be able to identify potential problems in the workplace that may lead to mediation or litigation

D. understand the concept of managing liability risk as an administrator and a teacher

4. METHODS OF TEACHING:

Lecture, guest lecture, text explication, discussions of the United States Constitution and the State of North Carolina Constitution, analyzing cases, group problem-solving, student interviews of practicing higher education administrators and student presentations

5. COURSE REQUIREMENTS: BRING LAPTOP COMPUTER TO ALL CLASSES A one-page summary of two current articles from major college personnel management journals- due on the third class meeting (attempt to find articles discussing issues not covered in class syllabus)

Students will be assigned a statutory topic to research and prepare a power point presentation to be given on the 3rd, 4th and 5th class meetings. In preparation for the presentation the student will identify and interview an administrator at ASU who administers the statute being presented. Student is expected to research the most current information on topic. **Presenters will also develop an evaluation instrument to test colleagues’ knowledge of subject (details to be discussed at first class meeting).

Periodic evaluations on the required readings and a final examination.

6. GRADING:

Based on attendance, active class participation (showing “preparedness”), quality of article summaries on college personnel issue, quality of power point presentation and tests.

7. ATTENDANCE/PARTICIPATION POLICY:

Partial evaluation is based on class attendance along with Informed and intelligent contribution to topics discussed. Each student is expected to be present at each class meeting.

8. REQUIRED READING:

Texts: (ON RESERVE IN LIBRARY) Employment Law, A Guide for North Carolina Public Employers Stephen Allred, Institute of Government, The University of North Carolina at Chapel Hill, Third Edition, 1999. American Public School Law Alexander and Alexander, Wadsworth, Seventh Edition, 2009. Law of Higher Education, Fourth Edition 4,Volume 1, Jossey-Bass Lee and Kaplin Employment Benefits Law Jaffras Employment law Wolkinson Selected passages from the ASU Faculty Handbook (December 8, 2006) (Obtain copy)

Applicable articles and amendments of the US Constitution and selected federal statutes (see Appendices A and B of American Public School Law) State of North Carolina Constitution and NCGS 126 (State Personnel Act)

9. BIBLIOGRAPHY:

Case Index: pages 441 - 456 in the Employment Law text

10. COURSE OUTLINE:

1st class Review of course requirements Review of the Federal and North Carolina State Constitutions and selected federal and state statute Read Allred-Chapter 1, Sources of NC Public Employment Law

Read Allred- Chapter 11, Constitutional Issues in Government Employment Begin reading Alexander-pp. 830-884

2nd class Constitutional issues cont.- 1st A-speech, religion, association Read Allred- Chapter 12, Discipline and Discharge Read Allred- Chapter 10, Personnel Polices ASU Faculty and Staff Handbooks- Due Process

3rd class Read Allred-Chapter 8, Recruitment and Selection Guest speaker- Patrick McCoy- ASU Director of Human Resources

4th class Current Faculty and Staff personnel issues Guest speaker- Mr. David Larry – ASU Deputy General Counsel

5th class Read: Allred-Chapter 3, Employment at Will and the Gov’t Employer-PP Read: Allred-Chapter 4, Race Discrimination-PP Alexander- Chapter 17, Discrimination in Employment, pp. 923-933 Read: Allred-Chapter 5, Sex Discrimination-PP Alexander- Chapter 17, Discrimination in Employment, pp. 942-957 Read: Allred-Chapter 6, Age Discrimination-PP Alexander- Chapter 17, Discrimination in Employment, pp. 965-969 ASU Faculty and Staff Handbooks

6th class Read: Allred-Chapter 9, Job Evaluation, Compensation, and Benefits Guest speaker- Mr. Patrick McCoy ASU Director of Human Resourses

7th class Read: Allred-Chapter 7, Disability Discrimination-PP Alexander- Chapter 17, Discrimination in Employment, pp. 969-976 Read: Juffras- Chapter 9, Leave (FMLA)-PP Read: Juffras- Chapter 7, Workers compensation and Unemployment Benefits-PP ASU Faculty and Staff Handbooks Read Allred- Chapter 13, Liability of Public Officials 8th class Read Wollkinson-Chapter 12, Drug Testing- 4th A Search and Seizure-PP Employee Electronic Communication-Internet Policy or OSHA -PP Reread Chapter 9 on FLSA-PP ASU Faculty and Staff Handbook Brief discussion of articles on current legal personnel issues in higher education and Final Examination

Power Point Format Topics 1. Clear statement of the law Race discrimination 2. Governmental agency administering the law Sex discrimination 3. Case law interpreting the law Age discrimination 4. Role of personnel in enforcing the law Disability discrimination 5. Most frequently asked question regarding the law FMLA 6. Ten (10) most important “practical” facts to remember Workers compensation about the law Drug testing FSLA Employment at Will OSHA or Employee electronic communication