CONCORD UNIVERSITY BOARD OF GOVERNORS
POLICY NO.  33
MILITARY CALL-UP OF FACULTY, STAFF OR STUDENTS

SECTION              1.0          GENERAL

    1. This policy establishes the procedures to follow should full or part time faculty, staff, or students be called to active military duty.
    2. Authority:  PL 103-3; PL 110-181, Section 585(a); PL 103-353
    3. Effective Date: ____________________________
    4. Approved by:  ____________________________

SECTION              2.0          PURPOSE
2.1          In order to assure that full or part time faculty, staff or students are treated with
understanding, dignity and fairness, Concord University adopts this policy to
guide administrators and faculty in issues of employment or course
enrollment which may be interrupted by a legitimate call up to active military
duty by the State of West Virginia or the United States of America.

SECTION              3.0          FACULTY MILITARY CALL-UP OR RELATED LEAVE
3.1          This policy applies equally to part time or full time faculty called to active
military duty.

                                3.2          Faculty called to active military duty from employment by Concord University
must confirm the military call by providing his/her immediate supervisor with
verification of military orders.

                                3.3          Compensation due to the faculty member to the date of call-up will be
pro-rated to the day of separation from Concord instructional assignment(s).

                                3.4          Once on active military duty, the faculty member should notify the Vice
President and Academic Dean of the expected date of return to Concord
University employ.  If the term of military duty will or does exceed five (5)
contiguous years, Concord University may not be required to offer
reemployment under the terms of this policy.

                                3.5.         Concord University may decline to re-employ a faculty member whose separation
from the military has been the result of dishonorable discharge.

                                3.6          Concord University will return a faculty member to the same professorial rank,
time in probationary status (if the faculty member held a tenure-track
appointment at the time of call-up), and equivalent discipline appointment,
should the discipline remain in force at the time of return.  In the event the
discipline has been discontinued, every effort will be made to place the
returning faculty member in a similar discipline appointment.

                                3.7          Should the faculty member return to civilian status at a time not consistent with
the beginning of an academic term, Concord University will return that person
to the University payroll at the salary level at the time of military call-up, plus
any across-the-board salary adjustments made during the term of the faculty
member’s military service.   In addition, he/she will be employed in a role
other than instructional until the commencement of the next regular
academic term, at which time the faculty member will return to the teaching
faculty.

                                3.8          Faculty called to military duty from employment at Concord University may
appeal assignment upon their return to Concord University, should they
disagree with the terms and conditions of re-employment.  Such appeal
should be directed to the Vice President and Academic Dean.  If the
VPAD’s decision is unacceptable, appeal should be directed to the
President or his/her designee.  If the President’s decision is unacceptable,
for full time or part time faculty, the appeal should be directed to the grievance
system in force at the time of appeal.  

                                3.9          Full time faculty may take up to 26 weeks of unpaid leave in a 12-month period to
care for immediate family member(s) who incur a serious injury or illness as a result of
active military service.  The service member must be undergoing medical
treatment, recuperation, or therapy, outpatient status, or be on an official
military temporary disability retired list for a serious injury or illness.

                                3.10        Full time faculty may take up to 12 weeks of unpaid leave in a 12-month
period because of a qualifying exigency arising from an immediate family member
being called to active military duty.  The qualifying exigency must meet
the listed requirement(s) of the U. S. Department of Labor under the Family
and Medical Leave Act.

SECTION              4.0          STAFF MILITARY CALL-UP OR RELATED LEAVE
4.1          This policy applies equally to part time or full time classified or non-classified
staff called to active military duty.

                                4.2          Staff called to active military duty from employment by Concord University must
confirm the military call by providing his/her immediate supervisor with
verification of military orders.

                                4.3          Compensation due to the staff member to the date of call-up will be
pro-rated to the day of separation from Concord University employ.

                                4.4          Once on active military duty, the staff member should notify his/her immediate
supervisor and the Concord University Human Relations Office of the expected
date of return to  Concord University employ.  If the term of military duty will
or does exceed five (5) contiguous years, Concord University may not be
required to offer reemployment under the terms of this policy.
4.5.         Concord University may decline to re-employ a staff members whose separation
from the military has been the result of dishonorable discharge.

                                4.6          Concord University will return a staff member to the same job position, should
that job remain in force at the time of return.  In the event the job has been
discontinued or it has been necessary to fill the position permanently, every
effort will be made to place the staff member in a job of equivalent pay
grade and job description.  The staff member will be returned to the
seniority level and annual/sick leave levels at the time of call-up.  Should
the staff member choose not to return to Concord University employ
upon his/her return to civilian status, he/she will be afforded all
separation rights due an employee who voluntarily resigns a staff
position.

                                4.7          Should the staff member return to Concord University employ, the University
will re-instate that employee at the salary level in force at the time of military
call-up, plus any across-the-board salary adjustments made during the
employee’s term of military service.

                                4.8          Staff called to military duty from employment at Concord University may appeal
assignment upon their return to Concord University, should they disagree with
the terms and   conditions of re-employment.  Such appeal should be directed
to the President or his/her designee.  If the President’s decision is unacceptable,
appeal should be directed to the grievance system in force at the time of
appeal.

                                4.9          Full time staff may take up to 26 weeks of unpaid leave in a 12-month period to
care for immediate family member(s) who incur serious injury or illness as a result of
active military service.  The service member must be undergoing medical
treatment, recuperation, or therapy, outpatient status, or be on an official
military temporary disability retirement list for a serious injury or illness.

                                4.10        Full time staff may take up to 12 weeks of unpaid leave in a 12-month
period because of a qualifying exigency arising from an immediate family member
being called to active military duty.  The qualifying exigency must meet
the listed requirement(s) of the U. S. Department of Labor under the Family
and Medical Leave Act.

SECTION              5.0          STUDENT MILITARY CALL-UP
5.1          This policy applies equally to part time or full time students called to active
military duty.

                                5.2          Students called to active military duty while enrolled at Concord University must
confirm the military call by providing the Vice President and Academic Dean
with verification of military orders.

                                5.3          In the event of military call-up, all tuition and fees for the term in which the
call-up is effected are to be refunded to the student.

                                5.4          Should the student reside in University housing at the time of call-up,
board will be pro-rated and refunded accordingly.

                                5.5          If the call-up occurs during an academic term in which the student is
enrolled, the student will have the option of withdrawing with the
Registrar’s notation of “W” to the student’s transcript, regardless of the date
or grade earned at the time of withdrawal, or the student may request the
grade of “I” to be posted to his/her transcript with the Incomplete to be
removed by completion of the course requirements within two (2)
semesters of the student’s return to civilian status and re-enrollment
at Concord University.

                                5.6          A student who has interrupted enrollment at Concord University for military
call-up may elect to complete institutional graduation requirements in force
in the Concord Academic  Catalog at the date of the military call-up.  If this
option is selected, Concord University will make every effort to teach or
make suitable course substitutes for graduation requirements in force at
that time.  If the student who has interrupted Concord University
enrollment due to military call-up chooses to transfer to an academic
catalog in force at the time of his/her return to the University, that student
must meet catalog graduation requirements in force in that subsequent
academic catalog.

                                5.7          Students who re-enroll in academic programs with graduation or certification
requirements established by government or professional societies beyond the
control of Concord University must meet any or all external graduation requirements
in force at the time of the military call-up or adopted during their term of military service.

                                5.8          A student called to military duty while enrolled at Concord University may
appeal academic decision(s) made at the time of re-enrollment at
Concord University should he/she disagree with the terms or conditions of
re-enrollment.  Such appeal should be directed to the Vice President and
Academic Dean.  If the VPAD’s decision is unacceptable, appeal should be
directed to the President or his/her designee.  If the President’s decision is
unacceptable, appeal should be directed to the Board of Governors, who
will be the final arbiter.