XII. Compliance With Requirements of External Agencies

A. Immigration Law Requirements

Immigration law (the Immigration Reform and Control Act of 1986) requires the University to verify the identity and eligibility for employment in the United States of all new employees. Each new employee must complete INS Form I-9 not later than the third day of employment. New employees complete the form in the Personnel Services Office in Human Resources. Employees who have not presented an appropriately signed form by the third day of employment must not be permitted to continue to work.

Documents that are acceptable to establish identity and work eligibility are listed on the back of the I-9 Form in Appendix F.

B. Patent Policy Requirements

All new University employees, including all faculty members, must file a signed "University of North Carolina at Charlotte Patent Agreement" in the Personnel Services Office within fifteen days after employment begins. This form acknowledges the employee’s obligations to disclose to the University any invention arising from the employee’s work which has been wholly or partially supported by the University and to assign the invention (and any related applications or patents) to the University or to others as directed by the University. The form also notes the employee’s right to receive a share of University revenue derived from licensing or sale of the invention.

C. Selective Service Registration

All new employees must indicate compliance with registration requirements of the Military Selective Service Act. Faculty members sign a Statement of Selective Service Registration Compliance in the employing department which forwards them to the office of Academic Affairs.

D. Faculty Qualifications Report

A Faculty Qualifications Report (Form AA-21) is required each semester to document any exceptions to the Criteria for Accreditation of the Commission on Colleges of the Southern Association of Colleges and Schools (SACS) regarding the academic preparation of members of the Faculty. Form AA-21 is used by department chairs to list the full- and part-time faculty members whose formal academic preparation does not meet the requirements of the Criteria for Accreditation and those who have "unique experience and demonstrated competence" that substitute for the required formal academic preparation. The form is submitted to Academic Affairs each semester with the Summary of Part-Time Faculty Appointments (AA-16).

E. Employment of SPA Personnel as Part-time Faculty Members

Before appointing an employee subject to the State Personnel Act (SPA) to teach, consult the Human Resources Department to determine whether the individual is subject to the Fair Labor Standards Act (FLSA). Individuals who are subject to FLSA must be paid at a premium overtime rate. Refer to Personnel Information Memorandum #37 for instructions.

F. Employment of Nonresident Alien Students

Nonresident alien students, regardless of student status, are not permitted to work more than twenty hours a week in any single job or combination of several jobs.

G. Verification of Credentials

Requirement. North Carolina law (NCGS 126-30) prohibits the fraudulent disclosure or willful nondisclosure of information relating to applications for State employment and requires verification of "credentials or other information significantly related to job qualifications" for each person employed by the State.

Responsibility. The dean/unit head is responsible for compliance with this State law and related University regulations for each person appointed to a faculty or staff position.

The dean/unit head has final responsibility for determining which credentials or other information are significantly related to qualifications for the appointment based on the academic expectations and/or qualifications advertised for the position and used to screen applications and make an employment decision. "Credentials" may include degrees awarded, professional licenses, professional registrations, and professional certifications. "Other information" may include prior work experience or prior study experience. It is expected that the highest earned degree is from a regionally accredited institution.

Procedures. The verification of relevant credentials must be completed within 90 days after the date of initial employment, but may begin and be completed at any earlier time in the selection process. Completing the verification process for applicants other than the appointee is at the option of the dean.

The Authorization for Release of Information for Verification of Credentials, Statement of Selective Service Registration Compliance, and Notice of Immigration Law Requirements may be presented to any candidate at any time prior to, or at the same time as, an offer of initial appointment. It usually is presented to the candidate during the interview if it was not obtained earlier in the screening process. The release form must be signed and returned by the applicant before the department/college undertakes the verification of credentials. It can be copied to any university, board, or previous employer who seeks authorization to release the information sought. (See Policy Statement #90: Fraudulent Disclosure or Willful Nondisclosure in Application for UNC Charlotte Employment.)

Verification may be completed by telephone, face-to-face, or by written correspondence, but a written record of each such verification must be maintained in the appointee’s personnel file. Each such written record must include, at a minimum, the following information:

Date of verification
Method of verification
Name and signature of the University representative completing the verification
Name of person or entity responding to the verification request
Copies of any documents secured in the verification process

Each written record of verification is added to the appointee’s personnel file in the Office of Academic Affairs as it is received. All verifications must be received there no later than 90 days after employment begins.

Contact the University's General Counsel immediately if any problem arises in completing the required verifications.

H. Tenure and Teaching in the University of North Carolina

Requirement. In a report entitled Tenure and Teaching in the University of North Carolina, adopted on September 10, 1993, the Board of Governors, through the President of the University, instructed the Chancellors of each constituent institution to:

a. Review institutional mission statements, tenure policies, and the criteria for making faculty personnel decisions and, where necessary, to revise them so as to give explicit recognition to the primary importance of teaching in the University;

b. Revise institutional policies and procedures, as necessary, to require (1) that clear and specific statements of criteria for evaluation of faculty performance at every level (institution, college/school, department) are provided in writing and discussed with each probationary faculty member before initial employment and at the beginning of the first term of employment and with each candidate being reviewed for reappointment or tenure at the beginning of the year in which the review is scheduled to be made, and (2) that a record of these discussions be kept in the individual’s personnel file;

c. Review procedures for the evaluation of faculty performance to ensure (1) that student evaluations and formal methods of peer review are included in teaching evaluation procedures, (2) that student evaluations are conducted at regular intervals (at least one semester each year) and on an ongoing basis, (3) that peer review of faculty includes direct observation of the classroom teaching of new and non-tenured faculty and of graduate teaching assistants, and (4) that appropriate and timely feedback from evaluations of performance is provided to those persons being reviewed.

Review of Criteria and Procedures for Evaluation with Probationary (Tenure-Track) Members of the Faculty. It is the responsibility of the Department Chair to document compliance with the following requirements by initiating and maintaining Form AA-18.

Prior to Employment

1. To discuss criteria and procedures for evaluation of faculty performance with each candidate interviewed for a tenure-track appointment.

2. To provide each tenure-track faculty member copies of the following documents: University Tenure Document, College Criteria and Procedures, and Department Criteria and Procedures.

During First Semester of Employment

1. To confirm that the faculty member has copies of the required documents;

2. To discuss the criteria and procedures for evaluation of faculty performance with each tenure-track faculty member.

During the Review for Reappointment

1. At the beginning of the review for reappointment, to discuss the criteria and procedures for evaluation of faculty performance with each faculty member being reviewed for reappointment.

2. To include a copy of Form AA-18 with materials for each faculty member considered during the review for reappointment.

During the Review for Tenure

1. At the beginning of the review for tenure, to discuss the criteria and procedures for evaluation of faculty performance and a tenure decision with each faculty member being reviewed for conferral of permanent tenure.

2. To include a copy of Form AA-18 with materials for each faculty member considered during the review for tenure.

The Office of Academic Affairs is responsible for placing the completed Form AA-18 in the faculty member’s personnel file in Academic Affairs.

I. Conflicts of Interest and Commitment

Annually, all full- and part-time faculty members and EPA staff employees are required to complete and submit the Annual Evaluation Form for Possible Conflict of Interest or Commitment on a schedule announced by the Provost. (See Policy Statement #11: Conflicts of Interest and Commitment.) This annual evaluation is intended to comply with Federal regulations and North Carolina statutes pertaining to conflicts of interest and commitment.