Separation Actions

A. References

---

Regents Policy 4105: Policy on Settlement of Litigation, Claims, and Separation Agreements

Personnel Policies for Staff Members

• Policy 63, Investigatory Leave
• Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII
• Policy 70, Complaint Resolution

Personnel Procedures for UCI Staff Members

• Procedure 63, Investigatory Leave

B. Authority and Responsibility

---

The department head is responsible for taking dismissal or other termination actions. Authority to determine cases of misconduct, authorize termination of an appointment without 60 days of notice or pay in lieu of notice, and grant or not grant termination assistance is delegated to the Executive Vice Chancellor, Director-Medical Center, Vice Chancellors, and Academic Deans for appointees in Salary Grades I through VI. Authority for such actions for appointees in Salary Grade VII is delegated to the Executive Vice Chancellor and the Director-Medical Center.

C. Guidelines

---

Consultation with Human Resources is required prior to taking any action.

D. Procedure for Termination

---

1. Written Notice of Intent

   When an appointment is to be terminated, the employee shall receive a Notice of Intent to Terminate (see Exhibit A and Exhibit B). There is no exception to this requirement. The notice shall:

   1. Cite the policy (Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII) under which the intended termination is being taken.
   2. State the reason(s) for the intended action.
   3. State the effective date. The effective date of termination shall be determined by the following:
      • 1) Except in cases of misconduct, an employee shall receive at least 60 calendar days' notice of termination or pay in lieu of notice.
      • 2) In cases of misconduct, an employee shall receive at least 8 calendar days' notice of termination, and may be suspended without pay as of the date of the Notice of Intent to Terminate.
   4. Include a copy of the materials, if any, on which the intended termination is based.
   5. State the employee's right to respond orally or in writing within 8 calendar days. In the case of misconduct, the period of time an employee has to respond may be shorter than 8 calendar days.
   6. Include a Proof of Service (see Exhibit D and Exhibit E).
2. Written Notice of Termination

   After consideration of the employee's response, if any, or 8 calendar days from the date of the Written Notice of Intent, whichever comes first, management shall provide the employee with written notification of termination (see Exhibit C). The Written Notice of Termination shall:

   1. Cite the policy (Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII) under which the termination is being taken.
   2. State the action to be taken.
   3. State the effective date of the action.
   4. State the employee's right to request a review of the action under Policy 70, Complaint Resolution.
   5. Be accompanied by a Proof of Service (see Exhibit D and Exhibit E).
3. Termination Assistance

   Termination Assistance may be granted at the discretion of the Executive Vice Chancellor, Director-Medical Center, Vice Chancellor, or Academic Dean, in consultation with Human Resources.

   1. When it is determined that severance pay will be provided to the affected employee, a separation agreement is required.
   2. The Human Resources Consultant will prepare the separation agreement.
   3. No severance pay shall be granted without a fully executed separation agreement and approval, as appropriate.
   4. No severance pay shall be provided when termination has resulted from misconduct.

E. Applicability

---

Managers and Senior Professionals appointed to career positions in Salary Grades I through VII (see Policy 61 regarding release during the probationary period or from limited, casual/restricted, and floater appointments, and Policy 67 regarding termination of managers and senior professionals holding career appointments in Salary Grades VIII and IX.)

---

Procedure 65: EXHIBIT A

Sample Written Notice of Intent to Terminate: Reasons Other Than Misconduct

Date
Name
Title

RE: Written Notice of Intent to Terminate

In accordance with Personnel Policies for Staff Members, Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII, this is to inform you that effective at least 60 calendar days from date of issuance of this notice, I intend to terminate your employment with department.

This action is being taken as a result of state the reason for the termination and include a copy of any materials upon which the intended action is based.

You have the right to respond to me orally or in writing on or before 8 calendar days from date of issuance of this notice with reasons why this action should not be taken. You also have the right to representation in presenting your response.

Supervisor

c: Department Head
Human Resources

Attachments:
Personnel Policies for Staff Members, Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII
Proof of Service dated_______________

---

Procedure 65: EXHIBIT B

Sample Written Notice of Intent to Terminate: Misconduct

Date
Name
Title

RE: Written Notice of Intent to Terminate

In accordance with Personnel Policies for Staff Members, Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII, this is to inform you that effective date (8 calendar days from date of issuance of this notice), I intend to terminate your employment with department.

This action is being taken as a result of state the reason for the termination, and include a copy of any materials upon which the intended action is based.

You have the right to respond orally or in writing to me on or before 8 calendar days from date of issuance of this notice with reasons why this action should not be taken. You also have the right to representation.

I am further advising you that, effective immediately, you are being suspended without pay from your position of payroll title in department.

(The following two paragraphs are optional:)

During your suspension, you may not enter the work site, including (specify locations) for any purpose, unless you have made prior arrangements with me. You may not interact with any (department) employees nor access any University or (department) resources, including, but not limited to, (computer resources). You may not destroy or in any way alter files or materials, including computer files.

You are required to return your (Select appropriate items: keys and access cards for building(s), office(s) vehicle(s), laboratories; service and/or administrative gate pass; employee identification card, files, computer disks and/or software, books, library photocopy cards, voice mail codes, Office of Information Technology password(s), computer account(s) passwords, PAL (purchasing) card, American Express corporate card, University calling card, safety goggles/apparel purchased by the University, etc. ) to me immediately. (If applicable:) You are required to immediately return all University property provided for your work use at home: (including but not limited to: computer, modem, fax, printer, typewriter). (Optional:) _______________will accompany you to your home immediately to retrieve this property.

Supervisor

c: Department Head
Human Resources Consultant
Benefits Representative

Attachments:
Personnel Policies for Staff Members, Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII
Itemize any relevant materials which you intend to include.
Proof of Service dated_______________

---

Procedure 65: EXHIBIT C

Sample Written Notice of Termination

Date
Name
Title

RE: Written Notice of Termination

In accordance with Personnel Policies for Staff Members, Policy 65, Termination of Career Employees--Managers and Senior Professionals, Salary Grades I through VII, effective date, your employment with department will be terminated. I have considered your verbal and/or written response to the Notice of Intent to Terminate and find no compelling reason to rescind the intended action.

You have the right to request a review of this action under Personnel Policies for Staff Members, Policy 70, Complaint Resolution.

Please contact ____________, Benefits Representative, at 824-_____, to discuss important options available to you regarding your benefits.

Supervisor

c: Department Head
Human Resources Consultant
Benefits Representative

Attachment: Proof of Service dated_______________

---

Procedure 65: EXHIBIT D

Sample Proof of Service: Personal Delivery

PROOF OF SERVICE

Personal Delivery

I declare that I am over the age of eighteen years and am not a party to the action described in the attached notice. My work address is University of California, Irvine, Department/Unit Name, Room Number + Building Name + Zot Code, Irvine, California, 92697-Zot Code. On (date), I personally delivered the attached (Written Notice of Intent to Terminate or Written Notice of Termination) to:

(Name of Recipient)

(Location)

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on (date) at Irvine, California.

Signature
Name Typed Here

---

Procedure 65: EXHIBIT E

Sample Proof of Service: Delivery by U.S. Mail

PROOF OF SERVICE

Delivery by U. S. Mail

I declare that I am over the age of eighteen years and am not a party to the action described in the attached notice. My work address is University of California, Irvine, Department/Unit Name, Room Number + Building Name + Zot Code, Irvine, California, 92697-Zot Code. On (date), I served the attached (Written Notice of Intent to Terminate or Written Notice of Termination) by placing a true copy enclosed in a sealed envelope with postage fully paid in the United States mail, addressed as follows:

(Name of Recipient)
(Street Address)
(City, State, Zip Code)

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on (date) at Irvine, California.

Signature
Name Typed Here