Regents Policy 7204: Policy on Violation of University Policy or Law by Individuals with Negotiated Separation Agreements
Approved May 2006
At the time that an employee separates from his or her University position or employment, all individually negotiated compensation, payment of money, leave of absence, and any other monetary or non-monetary benefit (Separation Benefits) otherwise due and owing the employee shall be subject to forfeiture and loss, in whole or in part, if the University has determined or is in the process of determining, pursuant to an appropriate administrative process, that the employee has violated University policy or applicable law during the employment period. An"appropriate administrative process" shall consist of the process applicable to the employee's job category for purposes of the imposition of discipline. "Individually negotiated" means benefits which are not available to similarly situated employees by reason of their job category but are separately negotiated with an individual employee and made applicable to that employee by mutual agreement.
Employees subject to this policy shall be presumed to have complied with University policy and law at the time any or all of the Separation Benefits are due and owing unless by that time the University has initiated an appropriate administrative process under the preceding paragraph. Notwithstanding the foregoing, the University may pursue recovery of Separation Benefits paid to employees if, after such payments have been made, it is determined, pursuant to the appropriate administrative process, that the employee violated University policy or applicable law during the employment period.
If a determination of violation of University policy or law has been made, it will be delivered promptly to the University President for consideration and recommendation for appropriate action under this Policy. If the President determines that the violation of University policy or law represents a serious or substantial violation, the President shall recommend an appropriate forfeiture or loss of Separation Benefits for that employee, in whole or in part, and shall transmit that recommendation to the employee. In determining whether a violation of University policy or law is "serious or substantial," factors shall include, but are not limited to: whether any violation of law could result in criminal penalties; the impact of any violation on persons or property; the impact of any violation on University interests; whether any violation was knowing or unknowing; whether there were multiple violations of law or policy; and how recently the violation(s) occurred.
The employee shall have fifteen calendar days to deliver a written response to the President's recommendation. After reviewing the employee's response, if the President continues to recommend a forfeiture or loss of Separation Benefits, the President shall then promptly forward that recommendation, along with any written response by the employee, to the Chairman of the Board of Regents and the Chair of the Special Committee on Compensation for final action in consultation with the General Counsel.
All agreements containing Separation Benefits as described in this Policy must expressly reference this Policy and indicate clearly and unequivocally that the right to receive any such Special Benefits is contingent on compliance with and governed by this Policy, which shall be incorporated by reference into any such agreement.