University Policy 22
Intra-Institutional Professional Activities for Pay

Formerly Executive Memorandum 81-53
Initially approved July 1, 1981
Revised December 2005
Administering Office: Administration and Finance, Human Resources, and Office of the Provost

SECTION 1. GENERAL

Western Carolina University seeks to employ highly competent faculty and professional staff members and encourage these persons to engage in professional activities in their areas of knowledge and interest. Such activities may be performed with or without compensation for personal services. The purpose of this document is to set forth policy and procedures to govern performance of and compensation for professional services rendered to Western Carolina University by its own faculty and professional staff members when such services and compensation are in addition to regular salary and duties. Professional activities performed for organizations external to the University are governed by the policy statement "External Professional Activities of Faculty and Other Professional Staff," adopted by the Board of Governors on November 9, 1979.

A diverse array of interests and expertise is represented in the University's faculty and professional staff. It is understandable and indeed desirable that these persons are occasionally engaged in projects or activities that are conducted under the auspices of Western Carolina University, but that are aside from or in addition to their regular assigned duties. Such activities afford these individuals an opportunity to enhance their teaching, research, and public service through the practical application of professional knowledge. The activities that utilize their services benefit by having ready accessibility to the specialized competencies required to accomplish program objectives.

Employees who are entitled to overtime compensation under FLSA regulations for work performed must not be given supplemental pay under this policy for that work in lieu of overtime.

SECTION 2. DEFINITIONS

A. "Intra-institutional professional activity for pay" refers to any activity that (1) is performed on an individual basis for a contract or grant awarded to Western Carolina University or for any WCU administrative unit; (2) is based upon the professional competency of the faculty or professional staff member; (3) is in addition to the duties and responsibilities associated with the individual's regular University employment; and (4) is undertaken for compensation that is over and above the salary paid for the individual's regular University employment. The term excludes all work, both State-and grant-funded, that is done in-load.

B. "Faculty or other professional staff member" means any person who is employed in a permanent appointment by Western Carolina University who is not subject to the Fair Labor Standards Act for overtime compensation.

C. "Department" means an academic department or other administrative unit from which a faculty or professional staff member receives assignments and duties and to which he or she is immediately accountable for performance of the duties and responsibilities of regular University employment.

SECTION 3. POLICIES

A. These ancillary, intra-institutional activities for pay are to be undertaken only if they do not (1) interfere or conflict with the individual's primary assigned duties and responsibilities or (2) involve any inappropriate use or exploitation of University facilities, equipment, personnel, or other resources.

B. Intra-institutional professional activities may be undertaken for pay only if they are in addition to the duties and responsibilities of regular University employment; are performed outside the employee’s normal job duties and outside of normal work hours unless personal leave has been approved by the respective supervisor and an adjusted work schedule is in place; or add extra work hours in addition to those spent on normal job duties. Supplemental Pay may also be approved to recognize temporary increases in responsibility during the employee’s normal work hours or contract period. In all circumstances, approval must be given and request submitted in advance of the activity.

C. In the case of Senior Academic and Administrative Tier 1 employees as defined by the Board of Governors policy, such employees will not be compensated for any additional activities over and above their normal administrative activities.

D. In the case of Senior Academic and Administrative Tier 2 employees as defined by the Board of Governors policy, such employees may be additionally compensated when additional activities have the approval of their supervisor and do not interfere with the completion of other duties (may not teach more than one course per semester, or a maximum of 4 credit hours per semester.) In all circumstances, approval must be given and request submitted in advance of the activity.

E. The amount of compensation paid to a faculty or professional staff member must not exceed the proportion of regular salary that is commensurate with the amount of time spent on the intra-institutional professional activity for pay based upon institutional policies for determining rates of pay. See also Item G below. The Office of the Provost shall establish the compensation rates for instructional activities. The maximum amount of annual compensation cannot exceed 120% of the current annual base salary for the employee.

F. When a grant applicant or administrative officer of the University plans to engage a faculty or professional staff member to perform intra-institutional professional activities for pay, approval must be received (1) from the Vice Chancellor under whose responsibility the project is administered and (2) from the Vice Chancellor within whose administrative division the faculty or professional staff member works. Approval from both Vice Chancellors must be received in advance of any commitment to the individual to be engaged. The request must clearly identify the activities covered, the relationship of the activities to normal job responsibilities, the expected duration, and the basis for determining the one-time or periodic supplemental payment.

Prior approval may also be required of other administration officials (Deans, Department Heads, Directors, etc.). Such additional approval will be specified by the appropriate Vice Chancellor. The approved request must be submitted to Human Resources for final review and processing, and documentation of supplemental payments must be maintained in the employee’s personnel file.

G. When such activities are undertaken by EPA or SPA employees who are subject to the Federal Wage and Hour Law, compensation must be based on the employee’s regular hourly wage at time-and-a-half rate if the additional work is similar in nature to the employee’s normal duties and the work results in overtime hours. If the additional work is significantly different from the employee’s normal duties, the compensation rate may be based on market value for the work being performed if approved in advance by Human Resources. Supplemental pay is not a bonus for performance.

H. In the case of Federal contracts and grants, intra-institutional consulting and other professional activities for pay must meet the following additional criteria, as provided in Federal Circular A-21.

1. The paid activity must either cross departmental lines to involve an operation that is separate or remote from regularly assigned duties.

2. Specific provisions for engaging WCU faculty or professional staff to perform intra-institutional professional activities for pay must be set forth in the grant agreement or approved in writing by the sponsoring agency.

3. The amount of compensation proposed must conform to complex, but specific provisions of Federal Circular A-21. Grant applicants should consult with the Director of Research Administration and University Grants Accountant in the Controller's Office to assure compliance with the compensation limits.

 

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