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Draft Policies and Procedures Posted for Comment

POLICY/
PROCEDURE

SCOPE/DESCRIPTION

COMMENTS
DUE BY:

Proposed Revised APM-016: Faculty Conduct and the Administration of Discipline 

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Applies To: UC Academic Appointees
 

Description: The revisions to this UC policy respond to the need to address the handling of simultaneous academic misconduct investigations and personnel actions and include:

  • Pause on Academic Personnel Review Actions: At the beginning of a formal investigation of alleged misconduct by a faculty member, if the Chancellor (or Chancellor’s designee) finds that any of the alleged misconduct is relevant to the assessment criteria for academic personnel review actions, the Chancellor (or Chancellor’s designee) may impose a no-fault pause on any current or future academic personnel action (e.g., for merit, promotion, or advancement) of that faculty member. Locations are responsible for developing implementation procedures that address at what stage in existing local procedures the pause occurs and that identify the offices that have responsibility for providing written confirmation of the pause to the respondent, giving a respondent periodic updates on the status of the investigation, and for notifying relevant administrators of the beginning and end of the pause.
  • Conclusion of the pause: The pause will end when the investigative and disciplinary processes are concluded. In the event of a disciplinary process following a formal investigation, the pause will end when a final decision is made whether to impose disciplinary sanctions. The academic personnel process may then proceed according to campus procedures.
  • Assistant Professors in Year 8: If the investigative and disciplinary processes are not concluded by the beginning of the faculty member’s eighth year of service at the rank of Assistant Professor (or a combination of equivalent titles), the Chancellor is authorized to recommend to the President that the appointment be extended beyond the eighth year, in accordance with Regents Bylaw 40.3(c).

Proposed Revised PPSM 2.210: Absence from Work

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Applies To: Positions in the Professional & Support Staff, Managers & Senior Professionals, and Senior Management Group Members personnel programs.
 

Description: Revisions to PPSM 2.210 are in regard to paid sick leave for policy-covered staff employees and include: 

  • Expand eligibility for paid sick leave for part-time employees.
  • Expand the reasons for which employees may use paid sick leave;
  • Provide protected paid sick leave;
  • Extend the period during which paid sick leave may be reinstated if an employee is reemployed after a separation from employment.

Proposed Revised APM-710:
Leaves of Absence / Sick Leave / Medical Leave

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Applies To: UC Academic Appointees
 

Description: Key revisions include:

  • Proposed effective date of the policy revision is January 1, 2025.
  • Policy title updated to clarify the policy applies to paid sick leave.
  • Policy updated to provide paid medical leave to Agronomists, Astronomers, and Curators who have a full-time appointment for at least a full academic year.
  • Policy updated to permit paid sick leave accrual and usage to certain academic appointees who have a paid appointment of at least thirty (30) calendar days, and to those with less than 50% appointments.
  • Policy updated to provide a paid sick leave bank to all faculty, Agronomists, Astronomers, and Curators who have an appointment of at least thirty (30) calendar days.
  • Policy updated to provide a paid sick leave bank to academic appointees in university extension who do not accrue sick leave who have an appointment of at least thirty (30) calendar days.
  • Policy updated to include protected paid sick leave.
  • Policy updated to extend the period during which accrued and unused paid sick leave may be reinstated if an appointee is reemployed after a separation from employment and to address reinstatement of unused days from a paid sick leave bank.
  • Policy updated to allow use of paid sick leave for additional reasons, including preventive care and for specified purposes for victims of domestic violence, sexual assault, or stalking.
  • Policy updated to provide notice requirements for an academic appointee to use paid sick leave.
  • Policy updated to include recording of paid medical leave, paid sick leave bank, and paid sick leave accrual and use.

Proposed Revised Policy BFB-BUS-50: Controlled Substances Use In Research and Teaching

Applies To: UC faculty, staff, and Authorized Individuals who use Controlled Substances, DEA Listed Chemicals, and/or California Precursor Chemicals in UC research and teaching activities.
 

Description: The UC policy is proposed to be revised and includes the following key issues:

  • Clarify in detail the scope of duties of the Campus Controlled Substances Programs and the Controlled Substances Program Officers;
  • Define the Campus Designation form of Drug Enforcement Agency (DEA) Registration and address requirements applicable to DEA Registrations other than Campus Designation, such as individual schedule I DEA Registrations;
  • Provide more specific procedures regarding Powers of Attorney;
  • Provide additional guidance as to import, export, interstate and intrastate use, transfer and transport of Controlled Substances, as well as Controlled Substances Analogues and DEA-exempt chemical preparations; and
  • Establish responsible units and individuals for patient care and clinical Controlled Substances Program.

Proposed Recission of the
Presidential Policy
on Hoverboards

 

Applies To: All University Locations including Medical Centers
 

Description: The UC policy is proposed to be rescinded to address the following key issues:

  • The policy was envisioned as a temporary, emergency policy to address fire risks created by individuals charging hoverboard batteries in or on UC properties. 
  • Since the policy was adopted, the following developments have occurred:
    • Underwriter’s Laboratories (UL) testing and listing for lithium ion-powered equipment and batteries has become more prescriptive.
    • The California Office of the State Fire Marshal released a guidance document (23-003) in April of 2023 related to the storage and charging of these types of devices.
    • California Assembly Bill 712 was signed into law in July of 2023 and requires landlords to allow tenants to recharge micro-mobility devices in their units. UC Legal has determined this Assembly Bill does apply to UC housing.
    • The UC Council of Campus Fire Marshals released guidance in August 2023 specific to this type of equipment and its use at UC locations. 
  • With technology evolving rapidly, the University is better served by relying on outside standard-setting bodies, such as UL, and best practice guidance from the Office of the State Fire Marshal.

Proposed Revised Presidential Policy
BFB-BUS-46
Use of University Vehicles

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Applies To: All Campuses, Medical Centers, Division of Agriculture and Natural Resources (ANR), and the Lawrence Berkeley National Laboratory.
 

Brief Description: The policy is proposed to be revised and includes the following key issues:

  • The inclusion of the California Department of Motor Vehicles (DMV) Negligent Operator Treatment System (NOTS) as a standard for eligibility to drive on behalf of the University.
  • Implementation will apply to all drivers on University business – not solely employees.
  • Establishment of Vehicle Collision Review Committees to review collisions, determine preventability, and promote driver safety awareness.
  • Establishment of guidelines for drivers involved in preventable collisions including training, suspension, and potential revocation of driving privileges.

Proposed Revised Presidential Policy on Vaccination Programs

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Applies To: All University of California locations and faculty, academic personnel, staff, trainees, students, and others accessing University facilities and programs.
 

Brief Description: The draft policy is virtually identical to the policy with interim revisions that was issued on August 16, 2023.  Key revisions include:

  • Policy will require covered individuals to either be up-to-date on COVID-19 vaccination or to opt out of COVID-19 vaccination.  In the event applicable law or public health orders impose stricter vaccination requirements, such as for healthcare workers, the policy will continue to require compliance with those stricter requirements.
  • As policy will no longer require covered individuals to either be up-to-date on COVID-19 vaccination or receive a University-approved exception, model forms and other content regarding the exception process were removed.
  • COVID-19 vaccination program implementation guidelines were removed. Relevant language regarding vaccination data moved to main policy. Policy noncompliance language added to main policy, including citations to relevant University policies. 
  • Removed content regarding rescinded California Department of Public Health (CDPH) health care worker vaccine requirement.
  • Updated language consistent with current public health usage.  Removed outdated deadlines and content.
     

Proposed Revisions to PPSM-36: Classification of Positions

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Applies To: Professional & Support Staff (PSS), Managers & Senior Professionals (MSP), and Senior Management Group (SMG) Members
 

Brief Description: PPSM-36 has been updated to add definitions for clarity and understanding, add substantial content to align policy with systemwide and location practices, and clarify systemwide and location responsibilities.

Proposed Revised Presidential Policy on Affiliations with Certain Health Care Organizations

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Applies To: All University of California locations and programs that operate medical centers or that procure, provide, manage, administer, or otherwise arrange for the provision of health care services; or that educate health professions students, residents, fellows, or other trainees.
 

Brief Description: The policy has been revised to:

  • Focus on UC values by enhancing the policy summary statement and addressing the importance of affiliations with government agencies;
  • Clarify expectations of UC providers and define “emergency services” and “emergency medical conditions” under EMTALA and the California Department of Managed Health Care;
  • Specify implementation of the voluntary requirement for UC health trainees to support continuity of University training programs; and
  • Reduce administrative burden for “limited affiliations” while maintaining consistency with Regents Policy 4405. 
     

Proposed UC Merced Policy on Recharge Revenue Materiality Threshold

Applies To: All campus constituents who currently operate Rate-Based Units and those who intend to establish new Rate-Based Units.
 

Brief Description: The proposed policy will aid the campus in managing resources efficiently by clearly defining Recharge activities and establishing a Materiality Threshold of $20,000 for new and existing Rate-Based Units. 

Submit Feedback Via Anonymous Survey

by

September 11, 2023

UC Merced Interim Procedure on
Abusive Conduct in the Workplace

 

Applies To: All University employees, including administrators, staff, faculty, other academic appointees, student employees, fellows, visiting scholars, and unpaid interns, as well as nonaffiliates. The procedure includes, but is not limited to, conduct that occurs in person or through other means such as electronic media. The procedure also applies to students in their capacity as student employees if they are Complainants, Respondents or Reporters.
 

Brief Description: The Procedures are intended to implement and supplement the UC Policy on Abusive Conduct in the Workplace, which became effective January 1, 2023. The systemwide Abusive Conduct Policy and the local campus Procedures replace UC Merced’s previous Policy on Prohibition of Abusive Conduct and Acts of Violence by University Employees and Non-Affiliates, which was rescinded on January 1, 2023. 

Submit Feedback to policy@
ucmerced.edu

by

September 1, 2023

This has been submitted to the Academic Senate for consultation in Fall 2023

Proposed
UC Merced Policy on Transmission to University Archive

 

Applies To: All UC Merced employees who handle administrative records, and all inactive records documenting the university's decision making processes, the functions of the university, and the essential cultural history of the campus, such as administrative records, general publications, and records concerning student organizations.
 

Brief Description: This proposed UC Merced policy codifies instructions currently present in the UC Records Retention Schedule regarding the transferring of relevant campus records to the University Archives.

Submit Feedback Via Anonymous Survey

by

September 1, 2023

This has been submitted to the Academic Senate for consultation in Fall 2023
 

Employee-Initiated Reduction in Time (ERIT)

ERIT Program (Clean)
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ERIT Contract
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Applies To: Eligible Career Staff at UC Merced
 

Brief Description: The ERIT (Employee-Initiated Reduction In Time) Program is a tool that allows eligible career staff to request approval to voluntarily reduce their current appointment percentage and corresponding pay, within specific limits, for certain specified advantages, such as accrual of vacation and sick leave at the employees’ pre-ERIT rates. The proposed revisions to this program are as follows:

  • Changed the 36-month lifetime ERIT contract maximum to 36 months per contract. Locations may choose to renew an ERIT contract if operational needs require, beginning a new 36-month maximum period.
  • Made clarifying edits/updates to terms and definitions in the Health and Welfare benefits, UC Retirement and Compliance language.
  • Consolidation of Program, Procedures and FAQs into one program document.

Review Ended
May 16, 2023

 
 

Interim Presidential Clery Act Policy – Campus Safety and Security Reporting

Applies To: All University of California staff, faculty, and students.
 

Brief Description: The interim Clery Act Policy is being submitted for Systemwide Review as currently publicly posted to seek any additional feedback on the following revisions:

  • The Clery Act Policy revisions removed language in the Policy to conform with the formal text of the Clery Act and the Department of Education’s recent directives and enforcement cases.
  • The changes include removal of the language regarding categorical exemption of all CARE Advocates, Ombuds, and all other confidential campus offices as Campus Security Authority (CSA), and a clarification that employees with responsibilities, within the scope of their license, as professional or pastoral counselors are not CSAs for the purposes of this Policy.

Review Ended 
June 6, 2023

 
 

Proposed Presidential Policy on Inventions, Patents, and Innovation Transfer

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Applies To: All UC locations
 

Brief Description: The Policy makes revisions to the existing UC Patent Policy in response to the Regents Policy on Innovation Transfer & Entrepreneurship, which provides that the responsibility, authority, and accountability for innovation transfer and entrepreneurship reside generally with the campuses. The revised Policy includes the following key changes:

  • Gives campuses authority over innovation transfer and intellectual property related decisions,
  • Addresses unpatentable innovations of interest to extramural sponsors and licensees that can generate commercialization income, and
  • Renames the policy to the Policy on Inventions, Patents, and Innovation Transfer.

Review Ended 
May 29, 2023

 
 

Proposed Presidential Policy Responding to Immigration Enforcement Issues Involving Patients in UC Health Facilities

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Applies To: This Policy applies to University of California Medical Centers and Hospitals, including University-owned Children’s Hospitals.
 

Brief Description: The policy is proposed to be revised and includes the following key issues:

  • move policy from interim to regular status
  • clarify custody related requirements
  • address private and public designated areas within a health facility; and,
  • require an immigration policy resource for coverage during all shifts

Review Ended 
May 16, 2023

 
 

Proposed Presidential Policy BFB-BUS-43 Purchases of Goods and Services; Supply Chain Management

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Applies To: All Campuses, Medical Centers, Agriculture and Natural Resources and Lawrence Berkeley National Laboratory
 

Brief Description: 

The policy is proposed to be revised and includes the following key issues:

  • Respond to feedback from the previous systemwide review.
  • Address inconsistencies and formatting errors
  • Clarify what policy does and does not allow
  • Separate policy from procedure

NOTE: The revision does not change the intent or requirements of BUS-43. The new language is designed to help faculty, students, and staff understand what the policy requirements are.

Review Ended
April 25, 2023

 
 

Proposed Presidential Policy on
Anti-Discrimination

Applies To: All University employees as well as undergraduate, graduate, and professional students (“students”), and third parties. The Policy applies at all University campuses, the Lawrence Berkeley National Laboratory, Medical Centers, the Office of the President, Agriculture and Natural Resources, and to all University programs and activities.
 

Brief Description: This proposed UC policy addresses the University’s responsibilities and procedures related to Discrimination, Harassment, and Retaliation, as defined in this policy (together, “Prohibited Conduct”) in order to ensure an equitable and inclusive education and employment environment. This Policy defines Prohibited Conduct and explains the administrative procedures the University uses to resolve reports of such conduct.

Review Ended
April 21, 2023

 
 

Proposed  Presidential Policy on Developing and Maintaining Presidential Policies (“Policy on Policies”)

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Applies To: This proposed UC policy applies to all University locations and offices reviewing, developing, and revising Presidential Policies.
 

Brief Description: This UC policy describes the approval process and the rules and responsibilities for the development, revision, and rescission of Presidential Policies. A Presidential Policy is a governing directive that mandates or constrains actions; usually applies to all UC locations; ensures compliance with laws and regulations, enhances UC's mission, promotes operational efficiencies, and/or reduces exposure; endures from one administration to the next; and receives approval by the President upon recommendation from the Policy Advisory Committee (PAC) and the Policy Steering Committee (PSC).

Review Ended
March 15, 2023