POLICIES

Personnel Policies: Operational

A. Professional Advancement and Study

Pursuing its desire to encourage the professional development of its faculty, the School has adopted the following policy, applicable only to full-time members of the faculty:

(1) Short Courses

Faculty members attending short courses, institutes and seminars, normally of a week or two in length, and for which there is no outside reimbursement, will be supported to the extent funds are available. Advance approval by the Dean or his representative is necessary.

(2) Official Representation

In special instances where a faculty member is the official representative of the School, prior arrangements made with the Dean or his representative may include full reimbursement for expenses.

(3) Travel

POLICY:

The School recognizes that employees who travel to represent the school’s interests must forego their living accommodations and may forfeit personal time.  Accordingly, the School will make efforts to provide comfortable and secure accommodations for lodging, meals and travel for employees.  Entertainment to further the interests of the Law School will be allowed.  However, these items are not intended to be perquisites and the School reserves the right to deny reimbursement of expenses that are considered lavish or extravagant.

PURPOSE:

To provide guidelines for travel and entertainment expenses and the procedures for reimbursement.

SCOPE:

This procedure applies to all departments and individuals who travel or entertain for the School.

PROCEDURE:

The John Marshall Law School Travel, Entertainment or Purchase Request form should be used to obtain the authority to travel or entertain. 

The School generally discourages cash advances unless special circumstances apply.  To help ensure accurate and timely expense report preparation employees are encouraged to use their individual credit cards.  Timely filing of expense reports will allow sufficient time between receiving reimbursement from the School and the due date of the credit card payment.

If an employee requires a cash advance the amount should be completed on Travel, Entertainment or Purchase Request form with a supporting explanation for the advance.  After approval the advance request will then be forwarded to the business office for processing.

When a cash advance is received, the employee will reduce their expense reimbursement request by the amount of the cash advance.  In the case where the cash advance exceeds the expenses for the report submitted, the remaining cash advance must be turned into the business office with the expense report.  Amounts owed the School cannot be carried forward to future expense reports.

Direct billings to the School from travel agencies, hotels, restaurants, etc. are not permitted unless previously authorized.

EXPENSE GUIDELINES:

Airline reservations will be made based on the following criteria.  Getting the employee to their destination in an expedient way.  Employees will fly coach unless extenuating circumstances apply.  An employee’s preferred airline can be utilized as long as expediency and cost factors are equal.  If the airfare is directly billed to the School the cost must be accounted for on the report for that trip.

Lodging arrangements should be based on value and  convenience for the traveler.  Conference rates should be used whenever possible.

Employees will generally be responsible for obtaining their own meals while traveling.  Meals do not include entertaining guests which should be itemized as entertainment expenses.

If a car rental is required the vehicle selection will be based upon the most cost-effective class that satisfies requirements for the employee(s) and any equipment.  Supplemental auto insurance coverage offered by car rental agencies is to be declined as Liability and Collision coverage is provided by the School’s auto insurance policy.

If an employee is required to use their own automobile for business, they will be reimbursed at the prevailing rate per U.S. tax guidelines for per-mile deductions.  The employee must provide on the expense report, documentation including dates, miles traveled and purpose of each trip.  The School assumes no responsibility for personal automobiles used for business.  Further, any parking or speeding violation is the sole responsibility of the employee.

Business related telephone charges on an itemized lodging receipt and/or telephone charge card should be itemized under telephone expense.  If an employee is out-of-town on business for several days, the employee may make personal telephone calls home, as long as the charges and length of the calls are reasonable.

In order for entertainment to be reimbursed the entertainment expenses must be ordinary and necessary expenses directly related or associated with the active conduct of business.  It is important to properly document entertainment expenses and substantiate the date, the place which includes name and location, description or type of entertainment, the business purpose and the nature of the business benefit expected to be gained by the School, and the business relationship to the School of the persons entertained including name, occupation, title, etc.

Any additional business expenses that are not categorized above should be listed under miscellaneous expenses and documented with all pertinent information to substantiate the expense.

EXPENSE REPORT PREPARATION AND REIMBURSEMENT:

All business travel and entertainment expenditures incurred by employees of the School are reimbursed through the use of The John Marshall Law School Personal Expense Report –Reimbursement Request form.

Expense reports should be completed and turned in within two(2) weeks of incurrence of expenses.

Expense report forms must be filled out completely and totaled.  Use the appropriate headings and total on a daily basis.  Required receipts for items charged must be attached to the report.  Any questions regarding completion of the report should be directed to the employee’s supervisor or the business office.

Upon completion, the expense report along with all attachments should be turned into the employee’s supervisor for approval.  After approval, the expense report is submitted to the business office for processing and reimbursement.  In order to expedite reimbursement, the employee should ensure that the report is completed properly, required documentation is attached, and proper authorization is obtained.  The individual approving the report should have the budget authority for the department that is being charge for the expense.

Authorized expense reports will be reimbursed by a School check, normally within two weeks after receipt by the business office.

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B. Research

The School recognizes that research by its faculty is vital to the advancement of its educational goals and to the professional development of the individual involved.  Therefore, the School urges and encourages each member to contribute to his or her area of interest by engaging in research. Special arrangements may be made by the Dean or his representative to enable a particular faculty member to engage in an extended research project.

A faculty member who expects to carry on supported research shall make definite salary arrangements with the Dean or his representative prior to the start of such work.

C. Tenure, Salary, Retirement, Benefits

(1) New Faculty

Every faculty member should check with the business office, as soon as possible, in order to complete the necessary financial forms unless this has been done prior to the start of actual employment. No one is considered to be a regular member of the faculty unless he or she has filed with the business office his or her Social Security Number, and state and federal withholding allowance certificate and Employment Eligibility Verification (I-9).

(2) Salaries

The faculty is paid semi-monthly, ten months a year unless a faculty member expressly requests payment in twelve equal semi-monthly installments. Summer school salaries are also paid semi-monthly. Federal and State income tax will be withheld from salaries on the basis of allowance certificates filed with the business office.

(3) Tenure

After the expiration of a probationary period, faculty members will receive tenure if the faculty and Dean so recommend and such recommendation is approved by the Board of Trustees, and their service will be terminated only for adequate cause or under unusual circumstances because of financial exigencies. Termination because of financial exigency should be demonstrably bona fide, and any Reduction In Force (RIF) will be conducted in conformity with ABA and AALS guidelines. The Law School shall modify the foregoing policy or program whenever necessary to conform to changes in the federal Age Discrimination in Employment Act, accreditation standards or other applicable law.

During the probationary period a teacher will have the academic freedom that all other members of the faculty have. Tenure will be granted pursuant to The John Marshall Law School Tenure Policy, a copy of which is attached hereto. (See Appendix 1).

(4) Retirement

The School has a retirement program for full-time faculty. For details, see the Associate Dean for Administration. The Law School shall modify the foregoing policy or program whenever necessary to conform to changes in the federal Age Discrimination in Employment Act, the Federal Employee Retirement Income Security Act, or other applicable law.

(5) Sick Leave

Sick leave requests will be considered on an individual basis and will comply with all legal requirements for leave when leave is requested due to a serious health condition that makes the employee unable to perform the functions of the employee's job. The School will, however, make every effort to provide that an individual's classes are covered by fellow faculty members for the duration of his or her illness. The faculty member should notify the Dean in case of illness or other necessary absence.

(6) Leave of Absence

A leave-of-absence is permission granted to a faculty member for a specific period of time during which he or she may be legitimately absent from the School while continuing to be regarded as a faculty member.

Normally, this period of time will be not less than one semester and will not exceed one academic year. Such leave will not be granted until the faculty member will have served three years at the Law School. It is understood that at the end of the leave of absence the faculty member shall return to the School at no less than the rank and salary at the time of his or her leaving and resume the responsibilities in his or her area of competence as determined by the Dean of the School.

A faculty member will not be entitled to his or her salary during a leave of absence. Fringe benefits will continue as follows:

(i) All items normally withheld from the faculty member's salary to which he or she alone contributes may be continued if he or she so elects by his or her paying the required amount.

(ii) All benefits to which the School contributes in full or in part, in addition to any amount contributed by the faculty member,  may be continued by his or her paying the full amount, including that normally contributed by the School.

(iii) Faculty members who are receiving free tuition for a dependent son, daughter, or spouse will continue to receive this benefit.

All faculty on leave of absence will be governed by the policies as set forth in the Faculty Handbook with the exception that time while on leave of absence shall not count as earned time for tenure appointment or sabbatical leave, but neither will it constitute an interruption of continuous service.

(7) Sabbatical Leaves of Absence

The major purpose of sabbatical leaves is to provide opportunities for the faculty's continued professional growth and intellectual achievement through study, research and writing.

Sabbatical leaves will be granted only for clearly defined and well-advanced scholarly projects in the areas of research, writing and publication. The School's decision to grant a sabbatical leave will be based primarily on evidence that the faculty member's project will contribute to his or her professional standing and, upon return to the Law School, will enrich that individual's teaching and/or research capabilities.

A faculty member who has completed six or more years of full-time teaching at The John Marshall Law School, who has not had a paid leave of absence during that time, and who currently holds an appointment at the rank of professor, associate professor, or assistant professor, is eligible to apply for a sabbatical leave. In addition, the faculty member must agree to return to the School for at least one academic year of full-time service immediately following completion of the leave.

Faculty members granted sabbatical leaves may use such leaves for educational purposes, including work toward a graduate or professional degree. However, faculty members granted sabbatical leaves may not accept full-time teaching assignments at other institutions.

The rate of compensation shall be full base pay for a one-semester leave or half base pay for a one-year leave. All fringe benefits to which a faculty member is entitled shall be continued while the faculty member is on sabbatical leave.

Whenever a grant or a stipend from sources other than the School is made to a faculty member who has requested or is on a sabbatical leave, such grant funds will not be deducted from the amount that the faculty member received or will receive from the school.

A period of at least six years shall elapse between the end of one sabbatical leave and the beginning of another.

Applications shall be made to the Dean not later than November 1st for a sabbatical leave to be taken in the following year. Applications shall be promptly reviewed by the Dean. If more than one application is received, the Dean shall appoint an advisory committee to evaluate the applications.

The number of sabbatical leaves granted during a given academic year depends upon the ability of the Law School to maintain its teaching schedule and availability of finances.

After a sabbatical is completed, the professor shall file a detailed report with the Dean indicating what he or she accomplished during this sabbatical. If a person is eligible for sabbatical leave and does not take or receive a sabbatical leave, that person retains the eligibility for a sabbatical leave for the next academic year.

(8) Medical Insurance

The School has a group contract for hospitalization, dental and medical coverage for all full-time employees who wish it. For details, see the Controller.

(9) Group Life Insurance

The School participates in a Group Life Insurance plan as more fully set forth in a handbook available upon request.

(10) Tuition Waiver for Faculty and Immediate Family

Faculty and Staff employed by the Law School after January 1, 1992 must have been employed for at least three years before they or their immediate family members may receive a tuition waiver based on that employment.  Each applicant must meet that semester's requirements for admission to the Law School.

D. Gifts to the School Other Than Money

If a benevolent person wishes to make a "gift" or "contribution" to the school of a tangible item or things (ex: books, typewriters, etc.) and receive a tax credit, the Dean must approve the acceptance of the gift for the tax credit. Upon the Dean's approval of the gift, the School will send the donor an acknowledgement.