Policy Number: 
44
CONCORD UNIVERSITY BOARD OF GOVERNORS
POLICY NO. 44

MILITARY CALL-UP OF FACULTY, STAFF OR STUDENTS
DRAFT DOCUMENT: FOR DISCUSSION ONLY
SECTION              1.0          GENERAL
1.1               This policy establishes the procedures to follow should full or part time faculty, staff, or students be called to active military duty.
1.2               Authority: PL 103-3; PL 110-181, Section 585(a); PL 103-353
1.3               Effective Date:   December 1, 2009
1.4               Approved by Board of Governors:    November 16, 2009
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 provides 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          A faculty member 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 offer re-employment to a faculty
                                                member returning from military call-up if that person’s separation from
                                                 military duty is the result of dishonorable discharge. 
 
                                3.6          Concord University will return a faculty member to the same professorial rank,
 or 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 a base salary level no less than that 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 may 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          A faculty member called to military duty from employment at Concord
                                                University may appeal an assignment made upon return to Concord University,
                                                should he/she disagree with the terms and conditions of re-employment. 
                                                Such appeal should be directed, in writing, to the Vice President and Academic
                                                Dean. If the VPAD’s decision is unacceptable, appeal should be directed, in
                                                writing, to the President or his/her designee. If the President’s decision is
                                                unacceptable, 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 currently 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 member returning from
                                                 military call-up if that person’s separation from military duty is 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.
 The date of such separation shall be the date of the military call-up.
 
                                4.7          Should the staff member return to Concord University employ, the University
 will re-instate that employee at the base 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          A staff member called to military duty from employment at Concord University
                                                may appeal a job assignment made upon his/her return to Concord University,
                                                should he/she disagree with the terms and conditions of re-employment. Such
                                                 appeal should be directed, in writing, 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 a
                                                current, 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 current, 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 will be refunded to the student.
 
                                5.4          Should the student reside in University housing at the time of call-up,
room and board fees will be  refunded to the student.
 
                                5.5          If the call-up occurs in a term in which the student is enrolled,  the
                                                student will have the option of withdrawing from all classes with the
                                                Registrar’s notation of “W” to the student’s transcript, regardless of the
                                                date or grade earned at the time of withdrawal.   The student
                                                 may also request that the grade of “I”  be posted to his/her transcript for
                                                 selected classes. If an Incomplete grade is requested by the student for any
                                                 class, the Incomplete(s) must be removed by completion of the course
                                                requirements within two (2) semesters of the student’s re-enrollment at
                                                Concord University.
 
                                5.7          A student who has interrupted enrollment at Concord University for military
 call-up may elect to complete graduation requirements of the Concord
Academic  Catalog at the date of the military call-up. If this option is selected,  
the student must meet the graduation requirements stated by that academic
catalog, and Concord University will make every effort to teach or make
suitable course substitutes for the 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, the graduation requirements of the
catalog in force at that time will apply.
 
                                5.8          Military leave 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.
 
                                5.9          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, in writing, to the Vice President
                                                and Academic Dean. If the VPAD’s decision is unacceptable, appeal should be
directed, in writing, to the President or his/her designee. If the President’s
 decision is unacceptable, appeal should be directed, in writing, to the Board
of Governors, which will be the final arbiter.
Created on Dec 2, 2009. Report incorrect information.