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Policy 100.10 - Transfer of Overseas Employees

	This	Replaces
File:	100.10	New
Date:	04/01/05	New

ORIGINATOR:  Provost and Chief Academic Officer

SUBJECT: Transfer of Overseas Employees

1. General Purpose

Since the end of WWII, UMUC has served the US forces in Europe and Asia under contracts with the DOD. UMUC has developed a strong cadre of respected and dedicated staff and faculty living in Europe and Asia, who for many years have been committed to serving the US forces. As the US military presence in Europe and Asia is about to change, in the strength and location of forces, UMUC is setting out its policy to facilitate the transfer of UMUC-Asia and UMUC-Europe staff and faculty to positions with UMUC-Adelphi.

2. Applicability

This policy applies to overseas collegiate and adjunct faculty, overseas professional staff and overseas support staff while employed by UMUC-Europe or UMUC Asia and for one year following the effective date of separation from UMUC-Europe or UMUC-Asia service for any reason other than termination for cause. This policy is effective as of April 1, 2005.

3. Policy

1. UMUC will make postings of positions with UMUC-Adelphi (for both staff and faculty) accessible to UMUC-Europe and UMUC-Asia through their respective web-sites.

2. A staff or faculty member in UMUC-Europe or UMUC-Asia interested in a position posted for UMUC-Adelphi, should respond to a posting according to its terms.

3. As to postings for collegiate faculty positions that are teaching only positions, UMUC-Adelphi will select from among those collegiate faculty members in UMUC-Europe and UMUC-Asia who have responded to the posting, who hold an advanced degree, who are cleared to teach the courses involved and who have been recommended for the position by their Division Director. If no transfer applicant is selected in accordance with this policy, UMUC may then consider other applicants for the position.

4. As to adjunct faculty positions with UMUC-Adelphi, any UMUC-Asia or UMUC-Europe faculty member who makes his/her interest known to transfer to UMUC-Adelphi and who holds an advanced degree will be included in the active pool of eligible adjunct faculty for those courses for which he/she is cleared to teach. Classes will be assigned on an if/when needed basis, on equal priority with other members of the pool.

5. As to staff positions and collegiate faculty positions that involve administrative assignments, when a UMUC-Europe or UMUC-Asia applicant responds to a posting, his/her experience with UMUC-Europe and UMUC-Asia will be afforded appropriate weight and recognition in the search process.

6. Each UMUC-Adelphi posting for collegiate faculty positions and each UMUC-Adelphi posting for staff positions for which a UMUC-Asia or UMUC-Europe staff or faculty member has shown interest will be reported (including the result of the search) to the Provost and to the COO.

7. When a UMUC-Asia or UMUC Europe staff or faculty member transfers to a UMUC-Adelphi position as contemplated in this policy statement:

   1. The transfer will be viewed by UMUC as continued or reinstated employment, as applicable, for UMUC purposes in accordance with the then existing policies, provided UMUC is not required to treat the transfer in a different way.

   2. Faculty members will retain their then current rank.

   3. The terms and conditions of employment will be those applicable to UMUC-Adelphi and to the position into which the transfer is made, including the compensation range established for the position as well as all local laws and applicable treaties. Moving expenses incident to a transfer to UMUC-Adelphi will be compensated only if that benefit is otherwise available to the individual as part of his/her separation package from UMUC-Europe or UMUC-Asia.

   4. The transfer will be accomplished for faculty by a new appointment agreement and for staff by a new appointment letter.

8. Exceptions to this policy may be made with the approval of the Provost or designee for faculty positions. This policy is based upon a UMUC-Europe or UMUC-Asia employee transferring to UMUC-Adelphi and actually being located in the United States. Due to the applicability of local laws and international treaties, it may not be possible or practical for UMUC-Adelphi to accommodate transfers when the UMUC-Europe or UMUC-Asia employee desires to be located outside of the United States. UMUC is a State of Maryland entity and generally operates under the laws of the State of Maryland. The law of other jurisdictions may not be compatible, as to the impact on UMUC, with the law under which UMUC generally operates. In considering the location of an employee desiring to transfer to UMUC-Adelphi, UMUC must consider the effect that local law may have on UMUC and its operations. In implementing this policy, any transfer will be determined on a case-by-case basis by UMUC-Adelphi giving weight to the effect on UMUC as well as the desires of the employee. All things considered, in all likelihood, transfer to a full-time position with UMUC-Adelphi will require relocation to the United States.