Title 8 DCMR — HIGHER EDUCATION

8-A DISTRICT OF COLUMBIA SCHOOL OF LAW

8-A1 BOARD OF GOVERNORS

8-A DCMR § 100 EXERCISE OF AUTHORITY

100.1 The Board of Governors of the District of Columbia School of Law (the "Board") shall exercise the authority set forth in the provisions of D.C. Law 6-177, as amended (D.C. Code, §31-1541, et seq.) through the official acts of its members taken while the Board is in session, and when a quorum of the Board is present.

100.2 The official acts of the Board of Governors shall be recorded in the minutes of the Board which shall be certified and maintained by the Executive Assistant to the Board.

100.3 The Board of Governors shall not be bound in any way by any action or statement of an individual member or group of members of the Board, except when that action or statement is authorized by an official act of the Board of Governors or the provisions of this chapter.

100.4 For purposes of the District of Columbia School of Law, whenever the laws or regulations of the District of Columbia confer authority on, establish the duties of, or otherwise refer to the head of an agency that term shall mean and apply to the Board of Governors.

100.5 Except as specifically provided otherwise in this chapter, wherever any provision of this chapter refers to the Board of Governors of the School of Law, the reference shall also apply to the Interim Board of Governors established under D.C. Code, §31-1543(r). The provisions of this subsection shall expire upon the dissolution of the Interim Board of Governors as provided by law.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 101 OFFICERS OF THE BOARD

101.1 In accordance with D.C. Code, §31-1543(m), the Board of Governors shall annually elect from among its members a Chairperson and Vice Chairperson who shall serve until their successors are elected in accordance with this section.

101.2 The annual election of the Chairperson and Vice Chairperson of the Board shall be the first order of business conducted at the regular monthly meeting held in June of each year.

101.3 The Chairperson and Vice Chairperson shall be elected by majority vote of the full Board of Governors.

101.4 The annual election of the Chairperson and Vice Chairperson shall be called to order by the Executive Assistant to the Board, who shall preside until the election of the Chairperson.

101.5 The election for the office of the Chairperson shall precede the election for the office of the Vice Chairperson.

101.6 Nominations for the office of Chairperson or Vice Chairperson may be made by any member of the Board of Governors. No second shall be required for nomination.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 102 VACANCIES IN THE OFFICE OF CHAIRPERSON OR VICE CHAIRPERSON

102.1 Whenever a vacancy occurs in the office of the Chairperson of the Board of Governors, the Vice Chairperson shall assume the office of Chairperson and shall hold the office of Chairperson until the next annual election of officers.

102.2 When the Vice Chairperson assumes the office of Chairperson, or when the office of Vice Chairperson becomes vacant for any other reason, the Board of Governors shall hold a special election to fill the office of Vice Chairperson.

102.3 The special election under §102.2 shall be held at the next regular monthly meeting of the Board or at a special meeting of the Board held prior to the next regular monthly meeting which is called for the purpose of holding that special election.

102.4 The vacant office of Vice Chairperson shall be filled by majority vote of the full Board.

102.5 The Board member elected to fill the vacant office shall serve until the next annual election of officers.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 103 DUTIES OF THE CHAIRPERSON OF THE BOARD OF GOVERNORS

103.1 The Chairperson shall preside, and may vote on and enter into the discussion of any item of business, at all regular meetings, special or emergency meetings, and meetings of the Committee of the Whole.

103.2 The Chairperson shall appoint the chairperson and membership of all standing committees and ad hoc committees established by the Board.

103.3 The Chairperson may for good cause remove a committee chairperson or member unless overridden by a two-thirds (2/3) vote of the Board at the next regular meeting of the Board.

103.4 Whenever a committee vacancy occurs, the Chairperson shall promptly appoint a new committee member.

103.5 The Chairperson shall not serve as chairperson of any committee except the Committee of the Whole, but shall be a member ex officio of each standing and ad hoc committee with the right to vote.

103.6 The Chairperson shall act as official spokesperson for the Board when the Board is not in session; Provided, that the Chairperson shall only represent the position of the Board of Governors as established by the official acts of the Board.

103.7 The Chairperson shall perform other duties as may be authorized by this title, the Board of Governors, or by the laws of the District of Columbia.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 104 VICE CHAIRPERSON AND CHAIRPERSON PRO TEMPORE

104.1 The Vice Chairperson shall assume the duties and privileges of the Chairperson in the absence of or at the request of the Chairperson.

104.2 In the absence of both the Chairperson and the Vice Chairperson, the Chairperson shall appoint a Chairperson pro tempore from among the members of the Board to assume the duties of the Chairperson.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 105 EXECUTIVE ASSISTANT TO THE BOARD AND BOARD STAFF

105.1 The Board of Governors shall appoint an Executive Assistant to the Board to act as custodian of the records of the Board, to certify and maintain the minutes of the Board, and to conduct and supervise the daily business of the Office of the Board.

105.2 The Executive Assistant shall provide for making an electronic record of each meeting of the Board and preparing minutes of all meetings of the Board as required by law or this chapter.

105.3 The Executive Assistant shall perform all other duties authorized by this chapter, the official acts of the Board, or as assigned by the Chairperson of the Board.

105.4 The Board may establish and provide for the appointment of clerical, secretarial, and professional personnel necessary for providing direct staff services to the Board.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 106 MEETINGS OF THE BOARD OF GOVERNORS: REGULAR MEETINGS

106.1 The Board shall hold regular monthly business meetings in the months of September through June of each year.

106.2 Unless specifically changed by the Board, the regular meetings shall be held on the first Wednesday of each month at a time and place established by the Board.

106.3 The agenda of the regular meetings of the Board shall include the following:

(a) A report of the Dean, which may include items for the information of the Board, items for referral to Board committees, and items requiring official action by the Board;

(b) A report of the Executive Assistant to the Board, which shall include approval of the minutes of prior meetings of the Board, and which may include items for the information of the Board, items for referral to Board committees, and items requiring official action by the Board;

(c) A report from each standing and ad hoc committee of the Board, which may include items for the information of the Board and recommendations requiring official action by the Board;

(d) A report of the Chairperson of the Board, which may include any item for the information of the Board; and

(e) Provision for time for any member of the Board to present items for the information of the Board or for referral by the chair to a Board committee.

106.4 The recommendations contained in a committee report which require official Board action shall be automatically placed on the floor as main motions without requiring a second.

106.5 Items requiring official action by the Board which are presented by the Dean or the Executive Assistant to the Board, pursuant to §106.3, may be placed on the floor for action without a second or referred to the appropriate Board committee for consideration and recommendation, at the discretion of the chair.

106.6 Items not on the agenda may be added for information or referral to the appropriate Board committee at the discretion of the chair.

106.7 The following items may be placed on the floor for action under a waiver of the rules:

(a) Items not on the agenda;

(b) Items that have been referred to committee by the chair pursuant to §106.5; and

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 107 MEETINGS OF THE BOARD OF GOVERNORS: SPECIAL MEETINGS

107.1 The Chairperson of the Board of Governors may call a special meeting of the Board by informing the Executive Assistant in writing of the purpose of the special meeting not less than forty-eight (48) hours prior to the meeting.

107.2 Any seven (7) members of the Board of Governors [or three (3)members of the Interim Board] may call a special meeting of the Board by informing the Executive Assistant in writing of the purpose of the special meeting not less than forty-eight (48) hours prior to the meeting.

107.3 Upon receipt of the written call for a special meeting, the Executive Assistant shall inform the members of the Board of Governors of the time, place, and purpose of the special meeting.

107.4 The Executive Assistant shall also give notice to the public of a special meeting by posting notice in a public place and informing the press and media of the time, place, and purpose of the meeting.

107.5 The agenda of the special meeting shall include only those items set forth in the notice of the purpose of the meeting. Items not on the agenda may be added for information, referral, or action under a waiver of the rules.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 108 MEETINGS OF THE BOARD OF GOVERNORS: EMERGENCY MEETINGS

108.1 The Chairperson of the Board of Governors may call an emergency meeting of the Board by informing the Executive Assistant in writing of the nature of the emergency and the purpose of the meeting.

108.2 Upon the request of a call for an emergency meeting, the Executive Assistant shall inform the members of the Board of the time, place, nature of the emergency, and purpose of the emergency meeting.

108.3 The Executive Assistant shall also give notice to the public of an emergency meeting by posting notice in a public place and informing the press and media of the time, place, and purpose of the meeting.

108.4 The agenda of an emergency meeting shall include only the item(s) set forth in the notice of purpose of the meeting. No item(s) for action by the Board may be added to the agenda of an emergency meeting.

108.5 Prior to taking action on the agenda item(s) at an emergency meeting, the majority of the Board members present after the establishment of a quorum shall ratify the declaration of an emergency.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 109 RESERVED

8-A DCMR § 110 CONDUCT OF MEETINGS OF THE BOARD OF GOVERNORS

110.1 Debate and proceedings of the meetings of the Board of Governors and its committees shall be governed by the provisions of Roberts Rules of Order, Newly Revised, except as provided otherwise by this title.

110.2 Eight (8) members of the Board [or three (3) members of the Interim Board of Governors] shall constitute a quorum for the transaction of business at any regular meeting, special meeting, emergency meeting, or meeting of the Board sitting as a Committee of the Whole, except when more than one (1) vacancy exists as provided in §110.3.

110.3 When there exists more than one (1) vacant office of member of the Board of Governors, the quorum shall be reduced as follows:

Number of Members in Office

Quorum

110.4 Ten (10) members of the Board [three (3) members of the Interim Board of Governors] must vote affirmatively to waive the rules or adopt any measure requiring a two-thirds (2/3) vote, except when more than one (1) vacancy exists on the Board as provided in §110.5.

110.5 When there exists more than one (1) vacant office of member of the Board of Governors, the number required for waiver shall be as follows:

Number of Members in Office

Votes Required for Waiver (2/3)

110.6 The order of items on the agenda of any meeting of the Board or any committee of the Board may be changed by majority vote of the members present.

110.7 Any matter that has been provided to Board members in writing (before or during a meeting of the Board), including the minutes of a prior meeting of the Board, may be acted upon without reading the material into the record at the discretion of the chair. If adopted, the material shall be included in the minutes.

110.8 The chair may vote, make motions, second motions, and participate in discussion on all matters at meetings of the Board.

110.9 Items for referral to a committee of the Board that are presented at a regular meeting, or at any other meeting of the Board, shall be referred to the appropriate committee by the chair.

110.10 Items received by the Board between meetings shall be referred to the appropriate committee by the Chairperson of the Board.

110.11 Any member of the Board may include written comments in the minutes on any matter on the agenda of a Board meeting by providing a typed original of the written statement to the Executive Assistant with a copy for each Board member within three (3) days of the adjournment of the meeting.

110.12 Unless specifically provided by common consent of the Board members present or under waiver of the rules, only the following may address the Board or participate in the discussion of matters at a regular monthly, special, or emergency meeting of the Board:

(a) Members of the Board of Governors;

(b) The Dean or administrative staff designated by the Dean; and

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 111 COMMITTEES OF THE BOARD OF GOVERNORS

111.1 The Chairperson of the Board of Governors shall annually propose a committee structure for adoption by resolution of a majority of the full Board.

111.2 The committee structure shall establish the name, number of members, and jurisdiction of each standing committee of the Board.

111.3 The Committee of the Whole shall automatically become a part of the committee structure and shall include all Board members.

111.4 The Board of Governors may establish ad hoc committees at any time by resolution of a majority of the full Board which shall set forth the name, number of members, and purpose of the ad hoc committee.

111.5 An ad hoc committee shall be dissolved upon the submission of a final report and recommendation(s) to the Board, or the expiration of a specified term of the committee that is set forth in the establishing resolution, or by vote of a majority of the full Board.

111.6 Standing and ad hoc committees of the Board shall not have executive power unless specifically provided by the provisions of this title or unless that power is specifically delegated to the committee to deal with a particular matter by official action of the Board.

111.7 The chairperson of a standing or ad hoc committee shall preside over committee meetings, establish the agenda of committee meetings, and prepare and present the report of the committee to the Board.

111.8 The chairperson of a committee may appoint a chairperson pro tempore to assume the duties of the chair in the absence of the chairperson.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 112 MEETINGS OF BOARD COMMITTEES

112.1 The quorum of a committee shall consist of a majority of the members of the committee.

112.2 The number required to establish a quorum may be satisfied by the attendance of the Chairperson of the Board, or the Vice Chairperson or Chairperson pro tempore in the absence of the Chairperson.

112.3 A committee may sit and conduct business in the absence of a quorum. However, no recommendations to the Board or other matters authorized under §111.6 may be acted upon in the absence of a quorum.

112.4 Any member of the Board of Governors may attend a meeting of any committee of the Board and participate in discussion. Only members of a committee or a Board member sitting ex officio shall be entitled to vote.

112.5 Committee meetings shall be held when called by the chairperson of the committee or at a regular time designated by the committee.

112.6 Notice of all committee meetings shall be given to all members of the Board by the Executive Assistant to the Board.

112.7 Committee meetings shall be held in open session unless closed to the public for executive session. Committees may hold executive sessions to discuss any matter, but shall take no action in executive session unless that action is specifically authorized by and taken in accordance with the provisions of this title.

112.8 All committees of the Board of Governors are fact-finding and deliberative bodies.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 113 CONDUCT OF PUBLIC HEARINGS BY COMMITTEES OF THE BOARD

113.1 A committee may conduct a public hearing on any matter within the jurisdiction of the committee by informing the Executive Assistant to the Board not less than fifteen (15) days prior to the hearing in order to provide notice to members of the Board and the public.

113.2 A written notice of a public hearing by a committee of the Board shall be prepared by the Executive Assistant and provided to the press, media, persons and organizations on the mailing list of the Board, and the secretary assigned to each Board member.

113.3 A public hearing conducted by a committee shall be conducted in the manner provided by the committee.

113.4 Hearings shall be chaired by the chairperson of the committee or by a member of the committee designated by the chairperson.

113.5 The presence of a quorum of the committee shall not be required to conduct a public hearing.

113.6 The chairperson of the committee holding a public hearing, or a member of the committee designated by the chairperson, shall report on the hearing at the next regular meeting of the Board, or at a special meeting of the Board held prior to the regular meeting when the report is an item properly on the agenda of the special meeting.

8-A DCMR § 114 RESERVED

8-A DCMR § 115 SEAL OF THE DISTRICT OF COLUMBIA SCHOOL OF LAW

115.1 Pursuant to the authority set forth in D.C. Code, §31-1543(a)(1), the Board of Governors shall adopt by resolution a seal, which shall be used in accordance with this section.

115.2 The seal adopted by the Board of Governors under this section shall be the official seal of the District of Columbia School of Law and all programs and administrative components under the jurisdiction of the Board of Governors.

115.3 The seal may be imprinted or embossed. In the reproduction or other use of the seal, no alteration may be made in the design adopted by the Board of Governors.

115.4 The symbolism contained in the design of the seal shall reflect appropriately the mission of the District of Columbia School of Law.

115.5 The seal shall be used to authenticate or attest the following:

(a) Documents, diplomas, records, legal instruments, and publications issued or maintained by the Board of Governors; and

(b) Programs and administrative components under the jurisdiction of the Board of Governors.

115.6 The seal may be used for decorative, or other purposes not listed in §115.5, upon approval of the usage by the Dean or the Board.

115.7 The seal may not be used for any purpose by organizations, groups, or individuals operating outside of the jurisdiction of the Board of Governors unless written permission is secured from the Dean, or his or her designee, or the Board of Governors prior to that use.

115.8 Other seals or logos adopted by programs or administrative components of the School of Law may be used for decorative purposes on documents or publications approved by the Dean; Provided, that whenever those documents or publications require authentication, the official seal shall be affixed in accordance with §115.5.

115.9 The Dean shall be the custodian of the seal of the School of Law and may issue additional guidelines for use of the seal.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 116 STUDENT MEMBER OF THE BOARD OF GOVERNORS

116.1 In accordance with D.C. Code, §31-1543(c)(2), the student member of the Board of Governors shall be elected each year by secret ballot vote of the student body.

116.2 The election of the student member of the Board shall be held within sixty (60) days prior to the date of commencement each year. The law student elected in the Spring of each year shall serve in accordance with D.C. Code, §31-1543(g) for the following school year.

116.3 All first and second year law students in good standing shall be eligible to be nominated for the office of student member of the Board.

116.4 Procedures for the election of the student member of the Board shall be established by the student government organization (or in the absence of a student government organization, the Dean with the advice of a panel of students appointed by the Dean) and shall be approved by the Dean.

116.5 The Dean shall certify the results of the annual election of the student member of the Board and report those results to the Board at the meeting of the Board next following the election of the student member.

116.6 The student member of the Board shall be accorded all of the rights, privileges, and responsibilities accorded to other members of the Board of Governors.

116.7 A vacancy in the office of student member of the Board caused by the death, resignation, or removal of the student member, or failure of the student member to maintain the status of a full-time student in accordance with D.C. Code, §31-1545(c), shall be filled by special election in accordance with procedures approved by the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 117 COMMUNICATION OF OFFICIAL AGENCY POSITIONS

117.1 The official position of the District of Columbia School of Law as an independent agency of the government of the District of Columbia, or position of the Board of Governors as a body corporate, in matters of law or policy (including, but not limited to legislation, litigation, federal administrative proceedings, and other matters that require either the development or communication of a policy, legislative, legal, or other position of the Board of Governors or School of Law), shall be the official position adopted by the Board of Governors by official action of the Board, or shall reflect the existing policy or rules of the Board or long-standing pattern or practice.

117.2 There shall be no other official position of the School of Law, the Board, or any part of the agency expressed by any individual Board member, the Dean, or any other agent or employee of the agency.

117.3 Whenever the official position of the Board or the School of Law on any matter is communicated to any public body or official, including any agency of the federal or District government, that position shall be communicated in the following manner:

(a) In writing in the form of a resolution, position paper, proposed rule or legislation, or proposed amendment which has been adopted by action of the Board of Governors or prepared pursuant to an action of the Board;

(b) Orally or in writing by the Chairperson of the Board of Governors or his or her designee, pursuant to §103 of this chapter; or

(c) Orally or in writing by the Dean or other representative of the Board of Governors, pursuant to a specific action of the Board or to the provisions of this section.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 118 PUBLICATIONS AND PUBLIC DOCUMENTS

118.1 The Executive Assistant to the Board of Governors is authorized to establish and implement a system for the distribution to the public, upon request, copies of the following:

(a) The electronically recorded transcription, or a portion of the recorded transcription, of any public meeting of the Board of Governors;

(b) The minutes of any meeting of the Board of Governors; and

118.2 The Executive Assistant is authorized to establish and provide for the collection of fees for copies of all or part of the minutes or transcriptions of meetings of the Board or for copies of the rules of the School of Law.

118.3 The fees established under §118.2 shall not exceed the following amounts:

(a) Transcriptions - Ten dollars ($10) per cassette;

(b) Minutes - Two dollars ($2) or twenty cents (20¢) per page, whichever is the greater amount; and

118.4 All fees collected shall be used to defray the costs of preparing, compiling, and duplicating copies of the transcriptions, minutes, and rules.

118.5 Copies of the minutes of Board meetings, electronic transcriptions of meetings of the Board, and the rules of the School of Law shall be available without charge for public inspection in the offices of the Dean or other location designated by the Board of Governors during normal business hours.

118.6 The Executive Assistant is authorized to enter into agreements with other agencies of the government of the District of Columbia for the exchange of copies of rules and regulations without payment of fees.

History

SOURCE: Final Rulemaking published at 35 DCR 3577 (May 13, 1988).

8-A DCMR § 120 ELECTION OF THE ALUMNI MEMBER OF THE BOARD OF GOVERNORS

120.1 In accordance with the provisions of D.C. Code, §31-1543(b)(3), the School of Law shall conduct an election to chose a member of the Board of Governors of the School of Law from among those persons who hold a degree from the School of Law.

120.2 In accordance with the provisions of D.C. Code, §§31-1542(2) and 31-1543(b)(3), a person shall be eligible to appear on the ballot for the election held under this section if that person holds either of the following:

(a) A degree awarded by the District of Columbia School of Law, as established under the provisions of D.C. Law, 6-177; or

(b) A degree awarded by the Antioch School of Law during the period when it was operated as part of the Antioch University.

120.3 Nothwithstanding the provisions of §120.2 of this section, no person shall be eligible to appear on the ballot for the election held under this section if that person has been disbarred from the practice of law by the highest court of any jurisdiction or, after having been awarded a law degree under §120.2, has been convicted of a felony as defined in D.C. Code, §1-617.1(d)(10).

120.4 The Dean, or the Dean's designee, shall take all reasonable steps to ensure that each person on the ballot for an election held under this section is qualified under the provisions of §§120.2 and 120.3 of this section, and may require an affidavit of eligibility or other proof of eligibility.

120.5 Not less than ninety (90) days, nor more than one hundred eighty (180) days before the expiration of the term of office of the incumbent member of the Board of Governors elected pursuant to this section, the Dean, or the Dean's designee, shall conduct an election to fill the impending vacancy. The initial election to fill this office shall be held as soon as feasible after the effective date of this section.

120.6 The election held under this section shall be conducted in accordance with written procedures established or approved by the Dean. The election procedures shall comply with the provisions of this section.

120.7 An election held pursuant to this section shall be conducted by secret mail ballot. Ballots may be mailed or delivered to the School of Law.

120.8 The Dean. or the Dean's designee, shall conduct the election in a manner that will ensure that no eligible voter may cast more than one (1) ballot, and in a manner that will ensure that the identity of an individual voter cannot be determined from a ballot that has been cast

120.9 The nominations for candidates to appear on the ballot shall be made in the manner determined by the Dean, and shall be in accordance with written procedures established or approved by the Dean.

120.10 The Dean shall provide for the nomination of persons by petition, in accordance with written requirements and procedures established or approved by the Dean. If a nominating committee is established, the Dean shall provide for persons to be nominated by petition in addition to those nominated by the committee.

120.11 The Dean may establish, or provide for the establishment of, a nominating committee. The majority of the members of a nominating committee established under this section shall consist of persons who would be eligible to be placed on the ballot under §§120.2 and 120.3 of this section. The nominating committee may also include the Dean, or a person designated by the Dean, and one (1) or more members of the faculty designated by the Dean.

120.12 In accordance with the provisions of D.C. Code, §31-1543(b), if a nominating committee is established, the committee shall nominate at least two (2) persons as candidates to appear on the ballot.

120.13 The Dean shall certify the results of an election held under this section (including the names of the persons on the ballot or written in on any ballots, if write-ins are allowed; the number of votes received by each person; and the name of the person elected) to the Board of Governors at the next meeting of the Board held after the election is conducted.

120.14 If write-in votes are allowed under the procedures established or approved by the Dean under this section, and a write-in candidate receives the largest number of votes cast in the election, the Dean, or the Dean's designee, shall certify the eligibility of the person so elected, in accordance with the provisions of §§120.2 and 120.3 of this section, before certifying the results of the election to the Board of Governors.

120.15 Any question or dispute which arises in connection with the conduct of an election, the nomination of persons to be on the ballot, or any other matter in connection with the election held under this section shall be resolved by the Dean in a manner determined by the Dean. The determination of the Dean shall be the final and binding decision of the School of Law.

History

SOURCE: Final Rulemaking published at 37 DCR 3960 (June 15, 1990).

8-A2 EDUCATIONAL MISSION AND ACADEMIC POLICY

8-A DCMR § 200 EDUCATIONAL MISSION

200.1 In accordance with the provisions of §2(a) of D.C. Law 6-177, the "Authorization for the Establishment of a Public School of Law for the District of Columbia Amendment Act of 1986" (also referred to in this title as the "Act"), the Board of Governors shall operate the District of Columbia School of Law, to the degree feasible, in a manner which will seek to accomplish the following mission:

(a) The establishment and operation of a law school which recruits and enrolls students from racial, ethnic, and other population groups which have been underrepresented among persons admitted to the bar in the District of Columbia and the United States of America; and

(b) The establishment and operation of a clinical law school that is committed to representing the legal needs of low-income persons, particularly persons who reside in the District of Columbia.

200.2 In seeking to fulfill the educational mission of the School of Law, the Board of Governors and the Dean shall operate the School of Law in a manner consistent with sound educational policy, the Standards of the American Bar Association governing approved law schools, and the appropriate standards and requirements of other accrediting bodies.

200.3 The School of Law shall maintain an educational program designed to qualify graduates for admission to the bar.

200.4 The School of Law shall maintain an educational program designed to prepare graduates for the effective and ethical practice of law, and which prepares graduates to deal with the recognized problems of the present and the anticipated problems of the future. Consistent with this mission, the School of Law shall emphasize the persuasion of graduates to devote themselves to the practice of law in the public interest and preparation for that practice.

200.5 The School of Law shall maintain both a full-time program of legal education and a part-time program of legal education. Each program shall be designed to allow students to complete the requirements for the Juris Doctor degree. Unless different provisions are set forth for a particular aspect of the part-time program, the part-time program shall operate under the same rules as the full-time program.

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989); as amended by Final Rulemaking published at 42 DCR 5438 (9-29-95).

8-A DCMR § 201 GENERAL ACADEMIC POLICY

201.1 The School of Law shall maintain and adhere to sound standards of legal scholarship, including clearly defined requirements for good standing, advancement, and graduation.

201.2 The academic achievement and educational progress of each student shall be evaluated periodically from the time of the admission and throughout the student's legal education.

201.3 The School of Law shall not admit or retain a student whose inability to satisfactorily meet the academic requirements of legal education and admission to the bar is sufficiently manifest that the student's continued attendance at the School of Law would create false hopes, constitute economic exploitation, or adversely affect the education of other students.

201.4 Each credit course shall include a requirement for each student to take and pass a written examination of suitable length and complexity in order to receive course credit, except the following:

(a) Clinical courses; and

(b) Courses involving extensive evaluated written work, such as moot court, practice court, legal writing, seminars, individual research projects, or academic courses in which a major written assignment must be completed in lieu of an examination.

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A DCMR § 202 COMMITMENT TO EDUCATIONAL OPPORTUNITY

202.1 In order to fulfill its mission to recruit and enroll students from racial, ethnic, and other groups which have been underrepresented among persons admitted to the bar, the School of Law shall take concrete action in its recruitment efforts and admission practices to seek out and assist qualified persons from these groups, especially ethnic and racial minorities and other persons who have been the victims of discrimination.

202.2 The School of Law shall take concrete steps to provide assistance to meet the financial needs of students through scholarships, loans, loan guarantees, or other suitable financial assistance approved by the Board of Governors.

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A DCMR § 203 TRANSFER BETWEEN THE FULL-TIME AND PART-TIME PROGRAMS

203.1 A student enrolled in the part-time program may transfer to the full-time program in any semester after completion of the first year of the part-time program, including Summer courses. The student must pre-register for the full-time program, in accordance with the pre-registration procedures of the School of Law.

203.2 A student who transfers to the full-time program must meet all of the requirements for completion of the full-time program that are in effect at the time of the transfer, including all required courses, clinics, and other full-time program graduation requirements not completed in the part-time program. All grades, credits, and quality points earned in the part-time program shall be transferred and become a part of the student's full-time program academic record.

203.3 A student enrolled in the full-time program may apply for permission to transfer to the part-time program. The Dean or the Dean's designee shall grant permission to transfer from the full-time program to the part-time program only for compelling reasons. The decision to grant permission for the transfer shall be in writing and shall state the reasons for allowing the transfer. A student granted permission to transfer must pre-register for the part-time program, in accordance with the pre-registration procedures of the School of Law.

203.4 A student who transfers to the part-time program must meet all of the requirements for completion of the part-time program that are in effect at the time of the transfer, including all required courses, clinics, and other part-time program graduation requirements not completed in the full-time program. All grades, credits, and quality points earned in the full-time program shall be transferred and become a part of the student's part-time program academic record.

History

SOURCE: Final Rulemaking published at 42 DCR 5438 (September 29, 1995).

8-A DCMR § 204 RESERVED

8-A DCMR § 205 CLINICAL EDUCATION

205.1 In order to fulfill its mission to establish and operate a clinical law school that is committed to representing the legal needs of low-income persons, the School of Law shall include programs in its curriculum that directly involve all students at the School of Law,under faculty supervision, in the resolution of actual legal problems and the representation of clients.

205.2 The clinical programs of the School of Law shall be established in areas of the law approved by the Dean, upon recommendation of the faculty, subject to the student practice rules and requirements of the agencies and jurisdictions in which the programs are to operate.

205.3 Credit hours and credit for class hours for clinical program courses shall be commensurate with the time and effort expended by students and the educational benefits of each course.

205.4 Not less than nine hundred (900) of the class hours requirement set forth in §602.1 of chapter 6 of this title shall be satisfied by attendance at regularly scheduled class sessions.

205.5 The maximum number of credit hours which may be earned by a student in clinical program courses shall be twenty-seven (27).

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A DCMR § 206 OPERATION OF CLINICAL PROGRAMS

206.1 The policies and procedures for conduct of the clinical programs shall be established in writing by the Dean, upon the recommendation of the clinical faculty, and shall be approved by the Board of Governors.

206.2 The activities of students in the clinical programs shall be closely supervised and reviewed by members of the faculty.

206.3 The clinical programs of the School of Law may include undertaking representation of clients asserting claims against employees and agencies of the District of Columbia and the government of the United States, in accordance with the provisions of this chapter.

206.4 For purposes of Title 18, §205 of the Code of Laws of the United States, any member of the faculty or staff of the School of Law who acts, in accordance with the provisions of this chapter, as an agent or attorney for prosecuting any claim against the United States or the District of Columbia, or who acts as an agent or attorney for anyone before any department, agency, court, court-martial, officer or any civil, military, or naval commission in connection with a proceeding, application, request for a ruling, contract claim, controversy, charge, accusation, arrest, or other particular matter in which the United States or the District of Columbia is a party or has a direct and substantial interest shall be deemed to be acting in discharge of his or her official duties as an employee of the School of Law.

206.5 No person or entity asserting a claim against the School of Law or any employee or agent of the School of Law may be represented in any claim or action by a member of the faculty of the School of Law, or by a student participating in a clinical program.

206.6 Each request for representation shall be reviewed by one (1) or more members of the clinical faculty. Selection of individual cases for representation shall be made based on the following factors:

(a) The academic merit of the legal problems presented;

(b) The potential benefit to the community;

(d) The needs and resources of the potential client; and

(e) The projected expenditures of resources, including the time of the faculty, staff, and clinical students, entailed in undertaking the representation.

206.7 The clinical programs may enter into the joint representation of individual clients with lawyers not associated with the School of Law. Each undertaking of joint representation shall be approved in advance by the Dean.

206.8 The clinical programs may undertake any action or representation consistent with the defined subject matter jurisdiction of each of the clinical programs, as defined in writing as part of the approved clinical curriculum; Provided, that prior to undertaking any class Action or representation which may involve unusually protracted, costly, or complex proceedings, the representation shall be approved by the Dean.

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A DCMR § 207 LEGAL CLINIC FEES AND COMPENSATION

207.1 The clinical programs of the School of Law shall accept as clients primarily persons who are unable to afford counsel or who otherwise have been unable to retain counsel.

207.2 The clinical programs may charge fees and assess costs to clients who are able to pay, in accordance with a fee schedule established by the Dean and approved by the Board of Governors.

207.3 Written criteria for eligibility for representation under the clinical programs of the School of Law without payment of fees or costs, or payment of reduced fees and costs, shall be established by the Dean.

207.4 Fees and other monies received in connection with representation of clients under the clinical programs shall be paid into the District of Columbia School of Law Fund for use in accordance with the purposes of the School of Law Fund.

207.5 Fees and other monies received shall not be used to supplement the amount of salary paid to any member of the full-time faculty or staff of the clinical programs or any other full-time employee of the School of Law.

207.6 The clinical programs shall not recover any attorneys fees or costs which would be paid to the School of Law by the District of Columbia. Nothing in this subsection shall prevent any attorney or law firm not associated with the School of Law that is acting as co-counsel with a clinical program from asserting a claim for fees for its work only. Further, nothing in this section shall prevent the School of Law from recovering fees from other parties who may be jointly liable for fees with the District of Columbia.

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A DCMR § 208 CONFLICTS OF INTEREST IN CLINICAL REPRESENTATION

208.1 As an agency of the District of Columbia, the School of Law must be aware of the potential for inherent conflicts between the mission and operation of the School of Law and the operation of the government of the District of Columbia. Therefore, prior to undertaking significant claims or actions against the District of Columbia which could lead to substantial expenditures of funds from the District budget, or which could lead to substantial involvement by the court in the management, policies, or financial decisions and priorities of another District agency, the following steps shall be taken:

(a) Each case shall be reviewed by the director of clinical programs to ensure the following:

(1) That the best interests of the client and, therefore, the Rules of Professional Conduct require the initiation of litigation or other action;

(2) That the case is brought in the public interest, and that the case is not brought for any purpose that is prohibited by the applicable court rules; and

(3) That the case is consistent with the educational mission and academic policies and goals of the School of Law.

(b) If the director of clinical programs determines that the representation should be undertaken, he or she shall make a written recommendation to the Dean which sets forth the nature of the case and client, states how each of the criteria set forth in paragraph (a) of this subsection have been met, and sets forth any other reasons why the case should be undertaken; and

(c) After consideration of the recommendation of the director of clinical programs and, if appropriate, consultation with the faculty or Board of Governors, the Dean shall determine whether representation shall be undertaken by the School of Law.

208.2 All participants in the clinical programs of the School of Law shall be sensitive to potential conflicts of interest, as defined by the Canons of Ethics of the American Bar Association and the applicable Rules of Professional Conduct for the practice of law in the District of Columbia.

208.3 All cases of potential conflict of interest shall be brought to the attention of the Dean and shall be resolved by the determination of the Dean.

208.4 In cases where there is a relationship between a member of the faculty and any party or other person which creates a conflict of interest with respect to representation in a particular action or of a particular client, the faculty member must disqualify himself or herself. The faculty member shall subsequently notify the Dean of the disqualification and the reasons for the disqualification.

208.5 If a faculty member disqualifies himself or herself due to a conflict of interest, or if the Dean determines that a potential conflict of interest should result in the disqualification of a faculty member, the disqualification may be imputed to the entire clinical program. The Dean shall determine whether to disqualify the entire clinical program when a member of the faculty is disqualified due to a conflict of interest or potential conflict of interest

History

SOURCE: Final Rulemaking published at 36 DCR 8286 (December 8, 1989).

8-A3 ADMINISTRATION AND MANAGEMENT

8-A DCMR § 300 THE DEAN OF THE SCHOOL OF LAW

300.1 The Dean of the District of Columbia School of Law (the "Dean") shall be the chief executive officer of the School of Law.

300.2 In accordance with D.C. Code, §31-1543(n), the Dean shall serve as a non-voting member ex officio of the Board of Governors (the "Board").

300.3 The Dean shall be responsible to and report directly to the Board.

300.4 The amount and manner of compensation of the Dean shall be set by the Board.

300.5 The Dean shall have full authority and responsibility for all academic and administrative affairs and operations of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 301 APPOINTMENT OF THE DEAN

301.1 The Dean shall be appointed by an affirmative vote of not less than a majority of the members of the full Board of Governors and shall serve at the pleasure of the Board, in accordance with the provisions of §2(a) of D.C. Law 6-177 (D.C. Code, §31-1546(c)(9)).

301.2 Whenever a vacancy in the office of Dean occurs, the Chairperson of the Board shall appoint a Dean's Search Committee to conduct the search for a new Dean and make recommendations to the Board.

301.3 The Board may appoint the Dean for a term of not more than three (3) years and may enter into a contractual employment agreement with the Dean covering the terms and conditions of appointment, compensation and benefits, and other matters.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 302 DISMISSAL OF THE DEAN FOR CAUSE

302.1 The Board may dismiss the Dean at any time for cause.

302.2 The initial action of the Board shall be the adoption of a proposed resolution of dismissal by the Board in a closed executive session of the Committee of the Whole of the Board. The proposed resolution shall specify the grounds for dismissal.

302.3 Within three (3) days after adoption by the Board action of a proposed resolution of dismissal, the Board shall furnish to the Dean a written statement of the charges against him or her.

302.4 The Dean may demand a hearing on the charges by submitting a written demand to the Board within five (5) days of receipt of the charges. If the Dean demands a hearing on his or her dismissal, a hearing shall be held within ten (10) days after the receipt of the written demand for the hearing from the Dean.

302.5 The hearing shall be held before the Committee of the Whole of the Board, or a subcommittee of the Committee of the Whole appointed by the Chairperson for the purpose of conducting the hearing.

302.6 The hearing shall be open to the public and a record shall be -kept of the proceedings.

302.7 Upon the completion of the hearing and receipt of recommendation from the committee conducting the hearing, or upon expiration of the time for requesting a hearing under §302.4, the Board shall hold a special meeting for the purpose of taking action on the dismissal.

302.8 Dismissal of the Dean shall be by an affirmative vote of not less than a majority of the members of the full Board. The action of the Board shall be final.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 303 AUTHORITY AND DUTIES OF THE DEAN

303.1 The Dean shall have overall responsibility and authority for the operation and management of the School of Law.

303.2 The Dean may delegate to his or her subordinates any of the duties of the office of Dean, except the following:

(a) Service as a member of the Board, ex officio;

(b) Procurement authority reserved solely to the Dean under the provisions of chapter 25 of this title; and

303.3 Annually, the Dean shall prepare for adoption by the Board the annual calendar of the School of Law.

303.4 The Dean shall make recommendations to the Board concerning the rules, policy, and long-range plans of the School of Law.

303.5 The Dean, after consultation with the faculty of the School of Law, shall make recommendations to the Board with regard to the academic and educational program policies of the School of Law.

303.6 The Dean shall, in the name of the Board, award degrees to candidates who are recommended by the faculty.

303.7 The Dean shall recommend to the Board the amount, conditions, and time of payment of all fees, fines, and deposits to be assessed against students of the School of Law, including tuition fees, registration fees, educational fees, application fees, student activity fees, and any other fees.

303.8 The Dean, with the advice of the faculty, student government, or on the Dean's initiative, may award fellowships, scholarships, and prizes using funds from appropriations, gifts, or endowments that the Board has approved for these purposes.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 304 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 305 BUDGET AND FINANCIAL ADMINISTRATION

305.1 Annually the Dean, through the appropriate standing committee of the Board, shall present to the Board recommendations on the budget of the School of Law, including recommendations on the long-range and capital development program of the School of Law, and other recommendations on the submission and justification of requests for appropriation of budget authority for the School of Law.

305.2 The Dean's recommendations shall include all aspects of the annual budget and financial program, including allocation of non-appropriated funds and other revenues.

305.3 During the fiscal year, the Dean may recommend to the Board transfer or reallocation of operating budget authority or funds, subject to any limitations which might be imposed by the terms of any applicable appropriation, grant, or funding source; Provided that the following conditions shall apply:

(a) No transfer shall be made from a reserve fund for a purpose other than that for which the reserve fund is established; and

(b) No transfer or allocation shall result in the establishment of a new policy, program, or project involving a continuing commitment.

305.4 The Dean shall provide for periodic written reports to the Board on the financial condition of the School of Law, including comparison of actual to projected revenues and expenditures.

305.5 The Dean may negotiate and approve indirect cost rates to be applied to grants under which the School of Law conducts programs supported by non-appropriated funds.

305.6 After informing the Board, the Dean may write off bad debts up to and including the amount of five thousand dollars ($5,000) each. The Dean shall ensure that reserves maintained for bad debts are adequate or that appropriated authority or specific revenues are available to cover bad debts written off under the provisions of this section.

305.7 The Dean may write off routine disallowed claims under grants and contracts against funds received from the federal government in reimbursement of indirect costs.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 306 RETENTION AND INVESTMENT OF NON-APPROPRIATED SURPLUSES

306.1 The School of Law shall retain non-appropriated funds at the end of each fiscal year. Retained non-appropriated funds shall be reported to the Board, and any expenditures from these funds shall be subject to prior approval by the Board.

306.2 The Dean or his designee, with the approval of the Dean, shall be authorized to invest a portion or portions of the surplus funds of the School of Law in short term United States government obligations with maturity dates of not more than one (1) year from the date of investment.

306.3 The Dean shall report investments made pursuant to §306.2 to the Board prior to the meeting of the Board following the investment.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 307 REVENUE SHORTFALLS AND REDUCED BUDGET AUTHORITY

307.1 If the estimated internal income of the School of Law falls below the income level set in the budget, or if budget authority appropriated or allocated for the School of Law is reduced, the Dean shall attempt to reduce the budgeted expenditures to cover the anticipated deficit in income.

307.2 The Dean shall inform the Board of reductions made pursuant to this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 308 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 309 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 310 EXECUTION OF CONTRACTS AND OTHER TRANSACTIONS

310.1 The Dean may execute on behalf of the School of Law any claims against debtors in bankruptcy, in receivership, or in liquidation, and against estates of deceased persons.

310.2 Except as specifically provided otherwise in this title, the Dean may execute on behalf of the School of Law contracts and other documents necessary in the exercise of the Dean's duties, including documents to solicit and accept pledges, gifts, and grants.

310.3 Specific authorization by resolution of the Board shall be required for the following:

(a) Any transaction which requires an exception to approved programs, policies, or rules of the Board;

(b) Any contractual commitment for more than seven (7) years;

(c) Any obligation on the part of the School of Law to expenditures or costs for which there is no established funding source;

(d) Solicitation or acceptance of any pledge or gift in excess of one million dollars ($1,000,000);

(e) Agreements for the provision of employee group insurance or annuity benefits;

(f) Affiliation agreements with other institutions or involving direct financial obligations or commitments to programs not previously approved; and

(g) Agreements under which the School of Law assumes liability for the conduct of persons other than the officers, employees, agents, students, invitees, and guests of the School of Law; Provided, that this restriction shall not apply to agreements under which the School of Law assumes responsibility for the condition of property in its custody.

310.4 Specific authorization by resolution of the Board shall be required for work or solicitation of work to be performed under a contract or grant involving amounts in excess of one million dollars ($1,000,000) in direct costs in any single project year or the construction of facilities not previously approved by the Board. All capital projects shall have been approved by the Council in accordance with applicable District law.

310.5 Notwithstanding the requirements and restrictions set forth in this section, the Dean may execute all documents necessary in the exercise of the Dean's duties when an emergency precludes prior submission to the Board; Provided, that in all cases the Dean shall report his or her actions to the Board in writing prior to the next regular meeting of the Board.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 311 FUND-RAISING AND GIFTS

311.1 The Dean shall develop, initiate, implement, and approve fund-raising campaigns for the benefit of the School of Law in accordance with the policies of the Board.

311.2 The Dean shall be authorized to determine, consistent with any expressed intent of the donor or to the extent not specified by the donor, the following with respect to any gift of not more than one hundred thousand dollars ($100,000):

(a) The purpose for which the gift shall be used; and

(b) Whether income or principal, or both, shall be used.

311.3 Any action taken pursuant to §311.2 shall conform to the established programs and policies of the School of Law and shall not constitute a commitment requiring expenditures in excess of budgeted items.

311.4 The Dean may return to the donor all or any unused portion of a gift of personal property when the purposes of the gift have been fulfilled or fulfillment has become impossible or impractical and alternative uses are precluded.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 312 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 313 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 314 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 315 PERSONNEL ACTIONS

315.1 The Dean, in accordance with appropriate personnel regulations, may appoint, determine compensation for, promote, demote, and dismiss employees of the School of Law, except as provided otherwise in the provisions of this title.

315.2 The Dean shall consult with and consider the recommendations of the appropriate officers or faculty groups when taking personnel actions in accordance with the provisions of this title.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 316 EXCEPTED SERVICE POSITIONS

316.1 The appointment of persons in the Excepted Service shall be subject to the provisions of chapter 10 of this title and personnel regulations issued by the Mayor.

316.2 The following positions shall be placed within the Excepted Service:

(a) Associate Dean;

(b) Special Assistant to the Dean; and

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 317 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 318 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 319 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 320 INVESTMENT AND DEPOSITORIES

320.1 The Dean, with the approval of the Board, may invest available trust funds of the School of Law in investments of governmental securities which have been approved as "safe" by the Comptroller of the United States.

320.2 The Dean shall determine the bank or banks in which funds of the School of Law shall be deposited, and shall inform the Board of the bank or banks where funds are deposited.

320.3 The Dean shall ensure that the bank or banks in which the funds of the School of Law are deposited furnish depository protection, as required by law and in accordance with §§320.4 through 320.6.

320.4 Each depository where funds of the School of Law are held in time deposits shall give a depository bond underwritten by an acceptable security company qualified to do business in the District of Columbia, or shall deposit those funds in other depositories in accordance with §320.5.

320.5 If funds are not subject to a depository bond, the depository shall deposit securities of the following classes with another depository satisfactory to the Dean:

(a) Direct obligations of the United States government;

(b) Obligations unconditionally guaranteed by the United States government; or

320.6 The current market value of securities deposited in accordance with the provisions of §320.5 shall be equal to or in excess of the amount of the time deposits held by the depository.

320.7 The Dean shall designate the official or officials of the School of Law who have authority to sign checks drawn on banks where funds of the School of Law are deposited.

320.8 Persons designated under §320.7 shall have authority to sign any related documents that are required by the depository banks.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 321 SALE OF SECURITIES

321.1 The Dean, with the approval of the Board, may sell, assign, request payment, and re-issue securities in accordance with the provisions of this section.

321.2 The provisions of this section shall apply to securities held by the Board in any fiduciary capacity whatsoever, including the following:

(a) Personal representative, executor, or administrator;

(b) Guardian or trustee; or

321.3 The provisions of this section shall apply to the following types of securities:

(a) Any and all United States securities of any description registered on the books of the Department of the Treasury; or

(b) Registered securities with respect to which the Department of the Treasury acts as the transfer agency.

321.4 The Dean, with the approval of the Board, may receive payment for any matured security and may reinvest the principal or the sum total in a like or similar security.

321.5 The Dean shall report all securities transactions to the Board.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 322 AUDITS BY FEDERAL, DISTRICT, AND PRIVATE AGENCIES

322.1 In addition to audits required by law or made in accordance with the law by the District Auditor or other authorized official or entity, the Board may request audits of the disbursements and income of the School of Law, including the Office of the Board of Governors.

322.2 The Dean shall make available to the District auditing agencies and other authorized auditors all information necessary to conduct an audit.

322.3 The Board may at its discretion provide for audits by private auditing firms.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 323 IMPROPER USE OF POSITION FOR FINANCIAL GAIN

323.1 No official, employee, or agent of the School of Law shall accept any gratuity, courtesy, or gift in any form from any firm, partnership, corporation, association, or person under any circumstances which, directly or indirectly, suggest the possibility of future use of the connection or relationship thus formed for securing favorable comment or consideration on any commercial commodity, process, or undertaking.

323.2 Employees of the School of Law shall not purchase goods or services for personal use through channels used in the purchase of goods and services for the operation of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 324 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 325 VETERANS EDUCATION AND TRAINING

325.1 The Dean shall negotiate, execute, and sign in the name of the Board all contracts and renewals of existing contracts between the School of Law and the United States Veterans Administration or other agencies of the United States government with respect to the education of veterans and other programs under the provisions of Public Laws 78-16 and 78-346, as amended, and other laws passed by the Congress providing for the education and training of veterans.

325.2 The Dean or the Dean's designee shall submit certified vouchers for payment to the Veterans Administration or other appropriate agencies of the U.S. government for services rendered under the provisions of contracts entered into pursuant to this section.

325.3 Checks drawn on the Treasury of the United States of America to pay for services shall be made payable to the School of Law and mailed directly to the finance office of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 326 STUDENT LOAN MATCHING FUNDS AND GUARANTEES

326.1 Money held in student loan funds may be used as matching funds for funds available under the National Defense Education Act of 1958 for loans to students when terms of the gift to the School of Law permit use for matching purposes.

326.2 The Dean, with the approval of the Board, may enter into agreements for the establishment of a student loan guarantee program for students at the School of Law with one (1) or more public or private non-profit organization(s), including the payment or pledging of the funds of the School of Law allocated for student loan purposes as partial security or collateral for the guarantee of student loans.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 327 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 328 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 329 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 330 CASH ADVANCES TO EMPLOYEES

330.1 The Dean may authorize cash advances to employees in the following circumstances:

(a) To cover authorized expenses incurred on behalf of the School of Law;

(b) To cover the cost and expense of authorized travel on official business for the School of Law; or

(c) To make authorized purchases of minor items in accordance with standard limitations to be established by the Dean in accordance with the provisions of chapter 25 of this title.

330.2 When an advance is made under §330.1, the employee shall submit the original copy of all invoices and receipts to document the expenditure of funds and return any unspent funds within seven (7) calendar days after returning to the work site.

330.3 The School of Law shall only be obligated to recognize expenditures that are adequately documented, are consistent with the authorization, and are made in accordance with the travel expense requirements of the School of Law, cost principles, and other applicable limitations.

330.4 The Dean may authorize cash advances to employees to cover salaries or wages of employees not paid when due on the regular payday when the delays are not through the fault or negligence of the employees.

330.5 Each current employee who receives a cash advance under §330.4 shall be required to sign appropriate agreements developed by the Dean which authorize automatic payroll deductions through the D.C. Office of the Comptroller.

330.6 If it is determined that an employee has failed to properly account for funds advanced under §330.1, the employee shall be entitled to contest the determination through appropriate grievance procedures.

330.7 If an employee files a timely grievance, the School of Law shall not activate the payroll deduction under §331 until a final determination is made under the grievance procedures.

330.8 If an employee who is in default on indebtedness to the School of Law under this section has executed a District government form requesting payment of the employee's salary or wages directly to an account in a private financial institution, the request shall automatically be cancelled in order to permit the employee's net payroll check to be sent to the Office of the Comptroller to pay off all or part of the outstanding indebtedness, in accordance with guidelines established by the Dean. Any difference shall be paid to the employee.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 331 COLLECTION OF DEBTS TO THE SCHOOL OF LAW

331.1 Any person whose employment with the School of Law has terminated shall account for and pay all sums and return property that has been determined to be owed to the School of Law. This shall include sums owed on defaulted financial assistance loans.

331.2 The School of Law shall have five (5) working days, after receipt of written notice from an employee or responsibility center manager of a proposed termination, to determine what funds and property have not been accounted for.

331.3 An employee shall be given a written statement which sets forth any sums due and property (with a dollar value assigned) which has not been returned. The employee shall then have one (1) business day to pay the amount due, return the property, or provide a satisfactory written explanation. The Dean or the Dean's designee, shall make a prompt determination and adjust the claim as appropriate. Any sum determined to be owed shall be withheld from the employee's final paycheck.

331.4 Job applicants and current employees who are former or currently enrolled students, as a condition for future employment or the renewal of an appointment, shall repay in full all indebtedness to the School of Law in accordance with the repayment terms and conditions that are applicable in each case.

331.5 Current employees who are in default on repayment of financial assistance loans shall be required to bring payments up-to-date through automatic payroll deductions through the Office of the Comptroller with appropriate advance notice. Repayment schedules shall be in accordance with the limitations on garnishment set forth in D.C. Code, §16-572.

331.6 Until all indebtedness to the School of Law has been repaid, current or former students who are in default on their indebtedness to the School of Law shall be placed on the financial "bar" listing, and shall be denied the following privileges:

(a) Enrollment;

(b) Receipt of any type of financial assistance from the School of Law;

(d) The right to participate in any program or activity sponsored by the School of Law.

331.7 All persons in default on their financial obligations shall be subject to court proceedings as a final means to collect the amount owed.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 332 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 333 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 334 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 335 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 336 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 337 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 338 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 339 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988)

8-A DCMR § 340 TRAVEL ON OFFICIAL BUSINESS: GENERAL PROVISIONS

340.1 The provisions of §§340 through 345 of this chapter shall govern the authorization of travel and reimbursement of all official business expenses charged against non-appropriated funds.

340.2 The authorization of travel and reimbursement of all official business expenses charged against appropriated funds shall be governed by the provisions of Title 1 DCMR, chapter 8.

340.3 Non-appropriated funds shall not be used to supplement appropriated funds in paying travel or official business expenses.

340.4 Travel and business expenses for a single trip or event may be charged to either appropriated funds or non-appropriated funds, but funds from both sources shall not be combined and used for any single trip or event.

340.5 The use of non-appropriated funds to cover travel and other business expenses shall be subject to the same dollar limitations as the use of appropriated funds; Provided, that one hundred percent (100%) of the travel and official business expenses of the members of the Board and the Dean may be paid from non-appropriated funds.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 341 AUTHORIZATION OF TRAVEL AND BUSINESS EXPENSES

341.1 When an employee of the School of Law or a member of the Board is required to travel or to incur business related expenses that are chargeable to non-appropriated funds, it shall be the responsibility of the authorized individual approving the expense to do the following:

(a) Ensure that each trip or expense is clearly required for the benefit of the School of Law;

(b) Limit the number of participants to the minimum required to accomplish the purpose; and

(c) Select the best alternative providing the least cost consistent with the purpose and the most efficient use of manpower and dollars.

341.2 Travel by the Dean or a member of the Board (other than the Board Chairperson) shall be either authorized or approved by the Chairperson of the Board. Travel by the Chairperson of the Board shall be either authorized or approved by the Vice Chairperson of the Board.

341.3 Travel by other employees of the School of Law shall be either authorized or approved by the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 342 REIMBURSEMENT FOR TRAVEL AND EXPENSES

342.1 Employees and Board members travelling on official business shall exercise the same care in incurring expenses that a prudent person would exercise if travelling on personal business.

342.2 Only those travel expenses essential to.the transaction of official business shall be reimbursed.

342.3 Each claim for reimbursement of travel expenses shall be submitted on the appropriate reimbursement forms and shall be itemized.

342.4 Except as otherwise specified in §§340 through 345, each claim for reimbursement of expenses of more than ten dollars ($10) shall be accompanied by original receipts. Items not supported by valid receipts shall be deducted from expense reports received for payment.

342.5 It shall be the responsibility of the person requesting reimbursement to ensure that all documents are properly prepared, approved, and submitted within the time limits set forth in §§343 and 344.

342.6 A claim against the School of Law shall be forfeited if the claimant attempts to defraud the School of Law in connection with that claim.

342.7 Actual expenses for travel more than fifty (50) miles away from the District of Columbia (out-of-city travel) shall be reimbursed pursuant to the provisions set forth in §§343 and 344.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 343 REIMBURSEMENT FOR SPECIFIC TRAVEL EXPENSES

343.1 Each claim for hotel accommodations shall be supported by a hotel receipt indicating the traveler's name, the date(s), and the amount charged per day.

343.2 Each claim for meal reimbursement shall be supported by a receipt indicating the date, the number of persons, and the amount (including tax and tip) for meals costing more than ten dollars ($10). In no event shall the tip exceed fifteen percent (15%) of the total bill. The cost of alcoholic beverages indicated on the receipts shall not be reimbursed.

343.3 Each claim for reimbursement of registration fees shall be supported by a receipt. Each receipt shall include the name of the registrant; the date(s) of the conference, seminar, or other registration; and the total amount paid.

343.4 Charges for local and long distance telephone calls, telegrams, or cablegrams related to official business shall be reimbursed. A log or statement shall be submitted indicating (for each call) the person called, the purpose of the call, the date, and the amount.

343.5 The cost of express mail or delivery services related to official business shall be reimbursed. A statement, accompanied by a receipt, shall be submitted for each shipment indicating to whom the shipment was sent, the purpose of the shipment, the date, and the amount.

343.6 The cost of personal telephone calls, telegrams, cablegrams, mail, or deliveries shall not be reimbursed.

343.7 Other miscellaneous expenses not enumerated in this section, when necessarily incurred in connection with the transaction of official business, shall be allowed when authorized or approved.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 344 REMBURSEMENT FOR TRANSPORTATION COSTS

344.1 Out-of-city travel via airplane, bus, or train shall be processed in either of the following ways:

(a) Transportation Request (TR) issued by the School of Law; or

(b) Reimbursement by voucher (when no TR is issued and transportation costs are borne by the traveler on official business).

344.2 For transportation expenses paid by the traveler under §344.1(b), each claim shall be accompanied by the passenger coupon or the ticket.

344.3 The passenger coupon shall indicate the traveler's name, date(s) of travel, class of travel, origin and destination, and the cost of the transportation.

344.4 Expenses related to travel that are of a personal nature, including stop-overs or changes in travel itinerary, shall not be reimbursed.

344.5 Taxicab, bus, and limousine fares shall be reimbursed at the actual rate of fare, including tip. In no event shall the tip exceed fifteen percent (15%) of the total fare. Each request for reimbursement of expenses specified in this subsection in excess of ten dollars ($10) shall be accompanied by a receipt indicating the date, the origin and destination of the trip, and the fare and tip paid.

344.6 The allowable reimbursement for use of a privately owned automobile for official travel shall be at the rate of twenty-one cents (21￠) per mile plus tolls.

344.7 Each request for reimbursement of the cost of tolls or parking shall be accompanied by an official receipt regardless of the amount.

344.8 The use of rental cars while out of the city on official business shall be approved by the duly authorized official prior to departure.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 345 ADVANCES AGAINST TRAVEL EXPENSES

345.1 An employee or member of the Board may receive an advance of funds to cover expenses to be incurred for official business.

345.2 An advance to a traveler shall be charged to the funds available and authorized for the payment of the traveler's expense.

345.3 If an advance is made for travel on official business, it shall be the responsibility of the traveler to ensure that an appropriate expense voucher is prepared and submitted to the authorizing official or his or her designee within seven (7) calendar days after return.

345.4 If the amount advanced is less than the amount of the voucher on which the advance is deducted, the traveler shall be paid the net amount.

345.5 If the amount advanced is more than the amount of the voucher, the traveler shall refund immediately the excess amount to the School of Law.

345.6 If the authorized travel is cancelled or indefinitely postponed, the traveler shall immediately refund any advance that was made.

345.7 No employee or member of the Board shall be allowed to have more than one (1) travel advance or part of an advance at any time. Further, no request for any additional advances or authorization for travel shall be processed until all amounts due to the School of Law from any previous advance, or portion of an advance, have been repaid.

345.8 Outstanding amounts due on advances that have not been fully recovered by deductions from reimbursement vouchers or voluntary refunds by the traveler shall be recovered from the person to whom the advance was made, or his or her estate, in accordance with applicable laws and the provisions of this chapter.

345.9 A charge of twenty dollars ($20) shall be imposed for each dishonored check received in payment of an outstanding advance or portion of any advance.

History

SOURCE: Final Rulemaking published at 35 DCR 5876 (July 29, 1988).

8-A DCMR § 350 DRUG AND ALCOHOL ABUSE PREVENTION

350.1 The Dean of the School of Law shall establish and maintain a program designed to prevent the use of illicit drugs and the abuse of alcohol on the premises of the law school and in connection with the programs of the School of Law, pursuant to this section and the provisions of "The Drug Free Schools and Communities Act Amendment of 1989," Public Law 101-226.

350.2 The Dean, after consultation with the faculty and student government organization, shall promulgate standards of conduct for the students and employees of the School of Law which reflect the requirements and prohibitions pertaining to the use of alcohol and illicit drugs under the laws of the District of Columbia and the United States of America with respect to the law school premises and law school activities.

350.3 The standards of conduct established in accordance with §350.2 shall clearly indicate the sanctions that may be imposed for violation of those standards of conduct. Sanctions shall be imposed by the Dean or the Dean's designee; Provided, that the sanctions of suspension, termination, or expulsion may only be imposed by the Dean.

350.4 The following shall be included in a student handbook and an employee handbook which are distributed to each student and employee at least annually:

(a) The applicable standards of conduct promulgated by the Dean under this section;

(b) A description of the applicable legal sanctions for the unlawful possession or distribution of illicit drugs and alcohol under both federal law and the laws of the District of Columbia;

(d) A description of drug and alcohol abuse counseling, treatment, and rehabilitation or re-entry programs available to employees and students.

350.5 Every two (2) years, the Dean shall appoint a committee of employees and students to conduct a bienniel review of the drug and alcohol abuse program. The committee shall submit a written report to the Dean which evaluates the effectiveness of the program and enforcement of sanctions. The committee shall also make recommendations to the Dean for changes or improvements in the program.

History

SOURCE: Final Rulemaking published at 37 DCR 2684 (April 27, 1990).

8-A DCMR § 352 SEXUAL HARASSMENT

352.1 It is the policy of the District of Columbia School of Law to maintain an academic and employment environment free of sexual harassment. Sexual harassment by a faculty member, employee, or student is prohibited.

352.2 For purposes of this section, sexual harassment shall include unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature when any one (1) or more of the following additional factors is applicable to the unwelcome conduct:

(a) Submission to unwelcome sexual conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic status, or participation in any law school activity;

(b) Submission to or rejection of the unwelcome sexual conduct by an individual is used as a basis for employment or academic decisions affecting that individual; or

(c) The unwelcome sexual conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

352.3 A student, faculty member, or non-faculty employee who desires to bring a complaint against a faculty member or non-faculty employee shall bring the complaint informally to the Dean's designee within ninety (90) days of the last act of alleged harassment.

352.4 The Dean's designee will hear the informal complaint and seek to resolve the complaint to the satisfaction of the complainant. The Dean's designee shall inform the complainant of alternative procedures available to the complainant under federal and District law and regulations.

352.5 If the problem cannot be resolved informally within five (5) working days, or within any extended period agreed to by the complainant, the complaint shall be put in writing, signed by the complainant, and delivered to the Dean's designee. Upon receipt, the faculty member or non-faculty employee against whom the formal complaint has been filed shall be provided with a copy of the written complaint. The Dean's designee shall investigate the complaint and make appropriate recommendations to the Dean. The Dean shall make the final decision regarding the complaint and execute final action or sanctions in accordance with the Dean's authority and responsibilities under governing adverse action procedures and other applicable rules.

352.6 A student, faculty member, or non-faculty employee who desires to bring a complaint against a student shall follow the procedures set forth in the Student Handbook.

352.7 If a sexual harassment complaint is against the person named as the Dean's designee under §352.3, the complaint shall be made directly to the Dean. If a sexual harassment complaint is against the Dean, the complaint shall be made directly to the Chairperson of the Board of Governors.

352.8 During the informal complaint stage, all reasonable efforts shall be made to ensure the confidentiality of information received, including the identities of the parties. The identity of the complaining party may be disclosed to the accused during the informal resolution process only if the complaining party gives permission.

352.9 If, at any time in the process, either because of circumstances or other applicable procedures (such as adverse action against an employee), it is not possible for the responsible official(s) to maintain confidentiality and still conduct a review, investigate, resolve, or obtain final action or sanctions on the complaint, the complaining party will be informed and be given the option of proceeding without confidentiality or to withdraw the complaint and terminate the process.

352.10 The Dean, in consultation with the faculty, may establish additional written procedures and guidelines for prevention of sexual harassment and for responding to complaints of sexual harassment.

History

SOURCE: Final Rulemaking published at 40 DCR 2623 (April 23, 1993).

8-A5 ADMISSIONS, TUITION, AND FEES

8-A DCMR § 500 GENERAL ADMISSION POLICIES

500.1 Admission to the District of Columbia School of Law shall be based upon an assessment of a candidate's individual potential for competent performance as a law student and as a lawyer, including the following factors:

(a) Character;

(b) Professional promise;

(d) Non-academic achievements.

500.2 In order to be eligible for admission, a candidate shall be required to meet the minimum eligibility requirements set forth in this chapter and any additional specific requirements or conditions established by the Board of Governors which are applicable to all candidates.

500.3 Decisions on admissions shall reflect the mission and goals of the School of Law as set forth in D.C. Code, §31-1546, and chapter 2 of this title.

500.4 The admissions policies of the School of Law shall be generously and broadly interpreted to ensure compliance with the provisions of D.C. Code, §31-1546(b), which provides for the recruitment and enrollment of students from racial, ethnic, and other population groups which in the past have been underrepresented among persons admitted to the bar.

500.5 Decisions on admissions shall be made without regard to race, color, national origin, sex, religion, creed, age, marital status, personal physical appearance, sexual orientation or preference, matriculation, family responsibilities, physical or mental disability, source of income, place of residence or business, political affiliation, citizenship status, or membership or non-membership in an employee organization, except as authorized by law or court order.

500.6 Admission shall be based upon the decision of the Admissions Committee of the School of Law after individual assessment of each candidate for admission, in accordance with the provisions of this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 501 ELIGIBILITY FOR ADMISSION

501.1 To be eligible for admission to the Juris Doctor program, a candidate for admission shall hold a baccalaureate degree from an accredited college or university. The Admissions Committee may admit a candidate based on three (3) years of undergraduate work toward a degree and other relevant and extenuating factors, such as employment, maturity, and life experience.

501.2 A candidate for admission who has not actually received a degree at the time a decision on admission is made, but who expects to receive a degree prior to registration, may be admitted to the School of Law contingent upon actual receipt of the baccalaureate degree.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 502 APPLICATION REQUIREMENTS AND CONDITIONS

502.1 Prior to admission to the School of Law a candidate for admission shall meet the conditions and requirements set forth in this section.

502.2 The Director of Admissions shall establish the application procedures after consultation with the Admission Committee. The application procedures shall be subject to approval by the Dean.

502.3 The Director of Admissions shall inform prospective candidates of the approved admission requirements and application procedures by annually publishing an application catalog. The catalog shall be available to prospective candidates without charge upon request.

502.4 The application catalog shall include an application form which has been approved by the Director of Admissions and the Dean.

502.5 Each candidate shall submit a completed application form and all required attachments, and shall be responsible for having the required recommendations and other information sent to the School of Law in accordance with the requirements stated in the admissions catalog.

502.6 Each candidate for admission shall be required to take the Law School Admission Test (the "LSAT") and have the scores reported to the School of Law in the manner prescribed by the Director of Admissions.

502.7 A candidate who has been accepted for admission to the School of Law shall arrange to have his or her validated undergraduate transcripts sent by the candidate's college or university directly to the Director of Admissions of the School of Law.

502.8 A candidate who fails to enroll for the semester for which he or she has been accepted shall be required to re-apply for admission at a later time unless the candidate has obtained prior permission to defer enrollment from the Director of Admissions or Admissions Committee.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 503 SOCIAL SECURITY NUMBER

503.1 Each candidate for admission to the School of Law shall be requested to furnish his or her social security number in the proper space on the application form.

503.2 The social security number shall be used to provide a permanent and lasting identification of each student.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 504 RESERVED

8-A DCMR § 505 APPLICATION FEE

505.1 Each application for admission shall be accompanied by an application fee of thirty-five dollars ($35).

505.2 The application fee shall be for the purpose of covering the expense involved in processing the application papers, and the fee shall not be credited toward tuition or any other fee if the candidate is accepted as a student.

505.3 If a candidate is not accepted for admission, or is accepted and does not enroll as a student, the application fee shall not be refunded.

505.4 Under extenuating circumstances, the application fee may be waived by the Director of Admissions. The procedure for requesting a waiver of the application fee shall be stated in the application catalog.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988); as amended by Final Rulemaking published at 38 DCR 5184 (August 16, 1991).

8-A DCMR § 506 ADMISSIONS COMMITTEE

506.1 The Dean shall appoint the members of an Admissions Committee, which shall be a standing committee of the faculty of the School of Law.

506.2 When making appointments to the Admissions Committee, the Dean shall obtain and consider the recommendations of the faculty.

506.3 The Admissions Committee shall consist of at least (5) members of the faculty of the School of Law who serve as full-time voting members of the Committee.

506.4 The members of the third-year class shall elect one (1) third-year law student to be a member of the Admissions Committee. The law student member may participate in all proceedings of the Committee.

506.5 At the request of the Admissions Committee, the Dean may appoint additional members of the faculty to serve as non-voting members of the Committee for purposes of conducting interviews with candidates, reviewing applications, and making recommendations to the Committee.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 507 DECISIONS ON ADMISSIONS

507.1 The Admissions Committee shall establish procedures for review of the applications for admission which shall ensure that each application receives full and impartial review. The procedures established by the Committee shall be subject to approval by the Dean.

507.2 The Director of Admissions shall refer each completed application to the Admissions Committee for review and decision in accordance with the provisions of this chapter and additional procedures adopted by the Admissions Committee.

507.3 At least one (1) member of the faculty shall individually review each application and make a report on the application to the Admissions Committee.

507.4 After a faculty member has reported to the Admissions Committee on an application, the Committee shall take one (1) of the following actions with respect to the application:

(a) Admit the candidate to the School of Law;

(b) Request that an interview of the candidate be conducted;

(d) Place the candidate on the Waiting List for admission pending receipt of acceptance of admission by candidates who have been offered admission or a vacancy in the class; or

(e) Deny admission.

507.5 The Director of Admissions shall inform the candidate in writing of the decision by the Admissions Committee to admit, deny admission, or place the candidate on the Waiting List under §507.4.

507.6 If the Admissions Committee has requested that an interview of the candidate be conducted, the Director of Admissions shall inform the candidate and arrange for the conduct of the interview.

507.7 After an interview has been conducted, or after further review of an application that is being held, the Admissions Committee shall take one (1) of the following actions:

(a) Admit the candidate to the School of Law;

(b) Deny admission; or

507.8 The Director of Admissions shall inform each candidate in writing of the decision of the Admissions Committee made under §507.7.

507.9 The Admissions Committee shall place candidates on the Waiting List in ranked order. After the deadline for acceptance of admission by the candidates offered admission, the Director of Admissions shall fill any vacant slots from the Waiting List by offering admission to the candidates in order of rank on the Waiting List.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 508 TRANSFER STUDENTS

508.1 All admission requirements applicable to a student entering the School of Law for the first time shall be applicable to a student seeking to transfer from another law school.

508.2 The faculty shall establish procedures and guidelines regarding students entering from other law schools and the transfer of their credits.

508.3 In addition to the requirements for admission of new students, the Admissions Committee shall examine a transfer candidate's academic record at the law school or schools previously attended.

508.4 A candidate shall not be considered for admission unless his or her law school transcripts show that the candidate was a student in good standing at the law school last attended, or extenuating circumstances apply to the lack of good standing.

508.5 A transfer student shall be required to satisfy the same requirements as students originally enrolled at the School of Law, including taking all courses that are or have been required of students of the School of Law unless full credit for the same course or an equivalent course taken at another law school is allowed by the Dean.

508.6 The amount of academic credit that the Dean may allow for work done in another institution within a given period of time shall not exceed the normal amount of credit that could have been earned at the School of Law during that time.

508.7 No academic credits may be transferred for any course in which a student has earned less than a grade of "C" (or the equivalent on the transferring institution's marking scale).

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988).

8-A DCMR § 509 RESERVED

8-A DCMR § 510 TUITION AND FEES

510.1 The following tuition rates shall be in effect for students of the School of Law:

(a) Residents of the District of Columbia:

(1) Full-time program: Seven thousand dollars ($ 7,000) per year.

(2) Part-time program: Two hundred fifty dollars ($ 250) per credit.

(b) Non-residents:

(1) Full-time program: Fourteen thousand dollars ($ 14,000) per year.

(2) Part-time program: Five hundred dollars ($ 500) per credit.

510.2 Each student shall pay the amount of tuition set forth for students within his or her category, unless otherwise deferred or waived under the provisions of this chapter or by specific action of the Board

510.3 Each student shall also be required to pay a student activities fee in the amount of fifty dollars ($50) per year.

510.4 Upon acceptance, a student shall be required to make a non-refundable deposit to be credited against first-year tuition in the following amount:

(a) District resident student - two hundred dollars ($200).

(b) Non-resident student - three hundred dollars ($300).

510.5 Tuition and fees shall be due and payable at the time of registration; However, payment may be deferred in the following instances:

(a) Where a sponsoring agency or organization enters into a binding legal agreement to pay tuition or fees upon registration of the student and subsequent billing by the School of Law; or

(b) Upon certification by the Director of Admissions that the student has been approved to receive a financial aid grant, and that the tuition and fees are to be deducted from payments to be made to the student.

510.6 Each student is required to pay a student activities fee in the amount of one hundred ten dollars ($110) per year at the time of registration.

510.7 Students scheduled to graduate shall be required to pay a graduation fee of three hundred dollars ($ 300). The graduation fee shall be due on or before December 15th of the academic year in which the student is scheduled to graduate.

History

SOURCE: Final Rulemaking published at 35 DCR 3589 (May 13, 1988); as amended by Final Rulemaking published at 38 DCR 5184 (August 16, 1991); as amended by Final Rulemaking published at 41 DCR 4571 (July 8, 1994); as amended by Final Rulemaking published at 42 DCR 2584 (May 26, 1995); 42 DCR 5438 (September 29, 1995).

8-A DCMR § 511 WITHDRAWAL

511.1 A student who voluntarily withdraws from the School of Law shall be required to give written notice to the Dean and complete the official withdrawal form provided by the Registrar.

511.2 Upon submission of the withdrawal form, the Registrar shall review and sign the form, and include the form in the student's withdrawal file.

511.3 Upon withdrawal, a student shall arrange for the payment of all outstanding financial obligations to the School of Law.

511.4 A student who voluntarily withdraws from the School of Law shall receive a tuition refund of monies paid and received by the School of Law, in accordance with the following schedule:

DATE OF WITHDRAWAL

PERCENTAGE OF TUITION REFUNDED

(a) Registration to last day of the second week after Registration

75%

(b) Third week to the last day of the fourth week after Registration

50%

20%

(d) Sixth week after Registration

10%

(e) After the last day of the sixth week after Registration

511.5 A student who is required to withdraw because of a major violation of the rules and policies of the School of Law shall not be entitled to receive a refund of any tuition paid.

511.6 The student activity fee shall be non-refundable.

511.7 A student who has been assigned failing ("F") grades due to excessive absences in all of the courses for which he or she is registered, in accordance with §602.9 of chapter 6, shall be deemed to have withdrawn from the School of Law on the fourteenth (14th) day after the date on which the student last attended any course or clinic for which he or she was registered.

511.8 A student who has received financial aid and who withdraws, or is deemed to have withdrawn, from the School of Law shall be required to repay a portion of the grant or grants. The Dean shall establish repayment requirements and schedules based on applicable federal and other grantor regulations and guidelines.

History

SOURCE: Final Rulemaking published at 35 DCR 9076 (December 30, 1988); as amended by Final Rulemaking published at 39 DCR 2740 (April 17, 1992).

8-A DCMR § 512 MANDATORY HEALTH INSURANCE

512.1 The Dean shall provide for a program of mandatory health insurance coverage for all students.

512.2 A student who maintains health insurance coverage under a personal or family health insurance policy at least equivalent to the mandatory health insurance coverage provided under this section may be granted a waiver from mandatory coverage under this section upon presentation of proof of coverage satisfactory to the Dean or the Dean's designee.

History

SOURCE: Final Rulemaking published at 40 DCR 6358 (September 3, 1993).

8-A6 ACADEMIC STANDARDS AND REQUIREMENTS

8-A DCMR § 600 DEGREE REQUIREMENTS

600.1 A candidate for the Juris Doctor (J. D. ) degree from the School of Law, a student shall have completed a course of study in residence of not less than eighty-five (85) credit hours which consists of not less than twelve hundred (1,200) class hours, in accordance with the requirements of the American Bar Association).

600.2 The course of study for students at the School of Law shall extend over a period of not less than six (6) full semesters or ninety (90) weeks. A student shall be required to complete all requirements for graduation within five (5) consecutive calendar years from the date of his or her initial enrollment.

600.3 Time spent in examinations for each course shall be counted toward the total hours required under §600.1; Provided, that examination time counted shall not exceed ten percent (10%) of the total class hours for each course.

600.4 A candidate for the Juris Doctor degree shall be required to have taken and received credit for the following courses:

(a) Constitutional Law I and II;

(b) Contracts I and II;

(d) Criminal Procedure;

(e) Civil Procedure I and II;

(f) Evidence;

(g) Law and Justice;

(h) Lawyering Process (including legal research and writing);

(i) Moot Court;

(j) Professional Responsibility (legal ethics);

(k) Property; and

(l) Torts.

600.5 In addition to the specific course requirements set forth in §600.4, a candidate for the Juris Doctor degree shall be required to have taken and received credit for the following minimum work in the client service clinics:

(a) Full-time program: Two (2) semesters

(b) Part-time program: One (1) semester

600.6 A candidate for the Juris Doctor degree must have a cumulative grade point average (CGPA) of 2.0 or better in all coursework attempted, in accordance with the provisions of § 602.

600.7 As a part of, or in addition to, the specific course requirements set forth in this section, each candidate for the Juris Doctor degree shall be required to produce significant legal writing in accordance with a course of study established by the faculty and approved by the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 37 DCR 1280 (February 16, 1990); as amended by Final Rulemaking published at 38 DCR3785 (June 14, 1991); as amended by Final Rulemaking published at 39 DCR 5358 (July 17, 1992).

8-A DCMR § 601 ACADEMIC PROGRAM AND SCHEDULE

601.1 The Dean and the faculty shall be responsible for the design and implementation of the academic curriculum of the School of Law, in accordance with the provisions of chapter 2 and this chapter.

601.2 The Dean shall be responsible for scheduling the offering of classes and other programs, in accordance with the provisions of this chapter.

601.3 All courses required for graduation under §600 shall be offered at least once each academic year.

601.4 Each semester, the Dean shall establish a deadline for the submission of grades by faculty members to the Registrar. The deadline shall allow a reasonable time for faculty members to prepare grades after the end of each semester.

601.5 In any semester, a student in the full-time program may not enroll in courses totaling more than seventeen (17) credit hours without prior permission of the Dean or the Dean's designee.

601.6 In any semester, a student in the part-time program may not enroll in courses totaling more than nine (9) credit hours without prior permission of the Dean or the Dean's designee.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 37 DCR 1280 (February 16, 1990).

8-A DCMR § 602 GRADING SYSTEM AND GRADES

602.1 Academic performance by students at the School of Law shall be measured and recorded using letter grades and grade points, as follows:

(a) Grade point 4.0 = letter grade "A" - Superior Performance;

(b) Grade point 3.0 = letter grade "B" - Above Average Performance;

(d) Grade point 1.0 = letter grade "D" - Marginal Performance;

(e) Grade point 0.0 = letter grade "F" - Unsatisfactory Performance.

602.2 In order to provide for greater flexibility in measurement of academic performance, the award of a letter grade may include the assignment of a plus ("+") to grades A, B, C, and D or minus ("-") to grades A, B, and C. The numerical equivalent of a plus grade shall be three-tenths higher than the regular grade (For example, a B+ will have a numerical equivalent of 3.3). The numerical equivalent of a minus grade shall be three-tenths lower than the regular grade (For example, a B- will have a numerical equivalent of 2.7).

602.3 Each semester, after recording of grades on the official transcripts, the Registrar shall furnish to each student a copy of his or her updated transcript and cumulative grade point average (CGPA).

602.4 If a student has not completed all of the requirements for a course by the end of the semester, the faculty member may turn in a grade of "F" or a grade of Incomplete ("I").

602.5 The completion of coursework by a student who has received a grade of Incomplete ("I") shall be at the discretion of the faculty member, subject to such policies as may be established by the faculty and the Dean. All coursework shall be completed within one (1) year.

602.6 If the faculty member has not changed an Incomplete ("I") to a final grade within one (1) year, the Registrar shall automatically change the grade to an "F."

602.7 Any grade may be corrected at any time to rectify a clerical error or other administrative mistake.

602.8 A faculty member may assign a grade of "F" to a student who accumulates more than a maximum number of unexcused absences from class or clinic, based on guidelines established by the faculty and the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 37 DCR 1280 (February 16, 1990); as amended by Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 603 WITHDRAWAL FROM COURSES

603.1 Except as provided in §603.2, a student may withdraw from a course or courses without penalty during the add/drop period established by the Dean.

603.2 A student in the full-time program must maintain a minimum course load of ten (10) credit hours throughout the semester. A student in the part-time program must maintain a minimum course load of eight (8) credit hours throughout the semester. During the add/drop period, a student’s add/drop course changes may not result in a course load of less than the minimum course load requirement set forth in this subsection. Exceptions to this rule may be approved by the Dean or the Dean’s designee in extraordinary circumstances.

603.3 During the add/drop period, a student may not withdraw from a required course, a limited enrollment course, a clinic, or an internship without the written permission of the Dean or the Dean’s designee. Prior to approving the withdrawal of a student from a clinic, the Dean or the Dean’s designee shall consult with the director of the clinic.

603.4 After the add/drop period, a student may not withdraw from a required course, a limited enrollment course, a clinic, or an internship.

603.5 If a student withdraws from a course after the add/drop period, but before the end of the last day of regularly scheduled classes for the semester, a grade of Withdraw (“W”) shall be entered for the course. This grade shall not be included in the computation of the student’s cumulative grade point average (CGPA) or semester grade point average (SGPA). For the first semester of the year, the provisions of this subsection are modified by §605.3.

History

SOURCE: Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 604 ATTENDANCE

604.1 Regular and punctual attendance shall be required for all courses.

604.2 If a student's attendance in a required course, clinic, limited enrollment course, or internship is not satisfactory, the student shall be excluded from the remainder of the classes or course sessions and shall receive a failing grade (''F") for the course.

604.3 If a student's attendance is not satisfactory in a non-required course (other than a clinic, limited enrollment course, or internship), the student shall be excluded from the remainder of the classes or course sessions. If the course exclusion results in a course load of less than the minimum course load for the semester, in accordance with §603.2, the student shall receive a failing grade ("F") for the course. Otherwise, the student shall receive a grade of Withdraw (“W”) for the course.

604.4 For purposes of this section, "satisfactory attendance" shall mean attendance at a minimum of eighty-five percent (85%) of the scheduled classes or course sessions during the semester.

604.5 The allowance of fifteen percent (15%) absences is intended to allow for minor illnesses, family obligations, interviews, and unplanned events. In the case of a prolonged illness or other extended absence, the instructor shall have discretion to make an exception to the attendance rule. Except in cases where a student has already had excessive absences, an instructor will also make an exception to the attendance rule to allow a student to attend religious observances.

604.6 An instructor may require a higher percentage of attendance in his or her course by giving written notice to each student enrolled in the course during the first two (2) class sessions.

History

SOURCE: Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 605 FIRST-YEAR ACADEMIC REQUIREMENTS

605.1 A first-year student who achieves a semester grade point average (SGPA) of less than 2.0 but greater than 1.85 for his or her first semester courses shall be required to participate in an enhanced program of academic support, as adopted by the faculty.

605.2 If a first-year student achieves a semester grade point average (SGPA) of less than 1.85 for his or her first semester courses, the student shall be required to do one (1) of the following:

(a) Apply to the Dean, or the Dean's designee, for permission to participate in an enhanced program of academic support, as adopted by the faculty; or

(b) Take a leave of absence and apply for readmission as a first-year law student in the following Fall semester; or

605.3 For purposes of computation of the semester grade point average (SGPA) under §§605.1 and 605.2, grades of Incomplete ("I") and Withdraw ("W") beyond the first withdrawal shall be assigned a numerical value of zero ("0") and included in the student's transcript. In addition, for purposes of computation of semester grade point average (SGPA) under §§605.1 and 605.2 (and notwithstanding the provisions of §608.6), semester grades in courses lasting more than one (1) semester shall be used.

605.4 Notwithstanding the provisions of §603, during the course withdrawal period set forth in §603, a first-year student may withdraw from one (1) first semester course, other than Lawyering Process I, without penalty. The withdrawal must be approved in writing by the Dean or the Dean's designee.

605.5 Readmission under §605.2(b) shall be conditioned upon the following:

(a) The student shall prepare and submit a letter to the Dean of the School of Law requesting readmission. The letter shall include an explanation showing how circumstances which caused or contributed to the poor academic performance have changed, and shall state why the applicant feels he or she will be able to improve his or her performance to the level required for successful completion of the academic program; and

(b) The student shall participate in a counseling program conducted by the Dean or the Dean's designee prior to re-registration.

605.6 A student who elects to take a leave of absence under §605.2(b) shall not be entitled to retake the exam or re-submit any paper or evaluation instrument in any course failed that semester.

605.7 A student readmitted under §605.2(b) shall be considered a first-year law student and shall be required to repeat the entire first-year program.

605.8 If a student is readmitted under §605.2(b), the student's grades from the initial admission shall be retained on the student's transcript, but shall not be included in the readmitted student's cumulative grade point average (CGPA) or considered for purposes of graduation or future academic standing.

605.9 If a student readmitted under §605.2(b) achieves a semester grade point average (SGPA) of less than 2.0 for his or her courses in the first semester after readmission, the student shall be permanently separated from the School of Law for academic deficiency.

605.10 If a student readmitted under §605.2(b) achieves a cumulative grade point average (CGPA) below 2.0 for the first full year after readmission, the student shall be permanently separated from the School of Law for academic deficiency.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 37 DCR 1280 (February 16, 1990); as amended by Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 606 RESERVED

8-A DCMR § 607 RESERVED

8-A DCMR § 608 ACADEMIC DEFICIENCY

608.1 A student who does not achieve a cumulative grade point average (CGPA) of at least 1.85 for required first-year courses, including required first-year courses taken during the first Summer semester, shall be separated from the School of Law for academic deficiency.

608.2 A student whose cumulative grade point average (CGPA) is not at least 1.85 at the end of any semester after the student’s second semester of study at the School of Law (including a Summer semester) shall be separated from the School of Law for academic deficiency.

608.3 After the Spring semester of the first year, a student whose cumulative grade point average (CGPA) remains below 2.0 for two (2) consecutive semesters shall be separated from the School of Law for academic deficiency. A Summer semester in which a student in the full-time program is registered for fewer than ten (10) credits shall not be deemed a “consecutive semester” when applying this rule.

608.4 If a student receives a notice of separation for academic deficiency more than thirty (30) days after the first day of classes of the semester (due the effect of an Incomplete ("I") being changed to a low letter grade, late posting of grades, or any other reason), the student may do either of the following:

(a) Accept immediate separation; or

(b) Complete the coursework for the current semester.

608.5 A student who accepts immediate separation for academic deficiency under §608.4(a) shall receive a full refund of the tuition already paid for that semester and for any tuition paid in advance for a subsequent semester.

608.6 If a student elects to complete the current semester after notice of separation for academic deficiency under §608.4(b), the separation shall become effective at the beginning of the following semester, regardless of the grades or cumulative grade point average (CGPA) achieved during the current semester. The student will not receive a refund of tuition for the current semester, but will receive a refund of any tuition paid in advance for a subsequent semester.

608.7 For purposes of academic deficiency, including academic probation under §616, a student's semester grade point average (SGPA) and cumulative grade point average (CGPA) shall be calculated solely on the basis of final grades. For purposes of this subsection, the final grade for any course lasting more than one (1) semester shall be the final grade received at the end of the entire course.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988).; as amended by Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 609 VOLUNTARY LEAVE OF ABSENCE OR WITHDRAWAL

609.1 A student may take a voluntary leave of absence from the School of Law for any reason. The student shall inform the Dean of the decision to take a leave of absence not less than ten (10) days prior to the beginning of the semester in which the leave of absence will begin. In extraordinary circumstances, the Dean may waive this notice requirement.

609.2 A student who takes a voluntary leave of absence and who was not on academic probation at the time the leave of absence was taken shall be entitled to automatic reinstatement within two (2) years. The student shall submit a written notice of intent to reenroll to the Dean not less than thirty (30) days prior to the beginning of the semester for which he or she wants to be reinstated.

609.3 If a student was on academic probation at the time he or she took a voluntary leave of absence, the student shall apply to the Dean for reinstatement. The written letter of application for reinstatement shall state the reasons why the student believes he or she is prepared to resume legal studies.

609.4 When a student is reinstated after a voluntary leave of absence, the student shall resume his or her former academic standing. All prior academic credits earned shall be retained and the student's cumulative grade point average (CGPA) shall include all coursework and grades taken prior to the voluntary leave of absence, as well as subsequent credits and grades.

609.5 A student who does not reapply within two (2) years of a voluntary leave of absence, in accordance with the provisions of this section, shall be deemed to have withdrawn.

609.6 A student may withdraw from the School of Law at any time for any reason. The student should inform the Dean of his or her decision to withdraw.

609.7 A student who withdraws from the School of Law and who seeks to return shall apply to the Dean for readmission on a form approved by the Dean. The application for readmission shall be considered as part of the regular admissions process for new or transfer students.

609.8 If the student is readmitted after withdrawal, the Dean may grant advanced standing based on coursework previously taken and passed at the School of Law or any other accredited law school, considering the amount of time which has passed since the coursework was taken and other relevant factors.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 40 DCR 6359 (September 3, 1993).

8-A DCMR § 610 READMISSION AFTER SEPARATION FOR ACADEMIC DEFICIENCY

610.1 A student separated from the School of Law for academic deficiency may reapply for admission after a minimum of two (2) semesters, including an intervening Summer semester, in accordance with the provisions of this section.

610.2 Application for readmission under this section shall be by letter to the Dean of the School of Law. The applicant shall include in the letter an explanation showing how circumstances which caused or contributed to the poor academic performance have changed, and shall state the reasons why the applicant feels he or she will be able to improve his or her performance to the level required for successful completion of the law school program.

610.3 Applications for readmission under this section shall be reviewed by the Committee on Admissions or a Special Committee established for the purpose of considering readmissions (the "Committee").

610.4 If the Committee is satisfied that the applicant for readmission under this section will reasonably be able to complete the law school program, the Committee may grant readmission.

610.5 If a student is readmitted under this section, the student's academic transcript and cumulative grade point average (CGPA) shall include all credits and grades earned at the School of Law, whether earned prior to separation or after readmission.

610.6 If a readmitted student has been out of school for an extended period, the Committee may, in its discretion, require that the student retake specific courses in order to be eligible for a degree.

610.7 If the Committee requires a student to retake any course previously passed, only the grade achieved in the retaken course shall be used for computation of the student's cumulative grade point average (CGPA).

610.8 A student shall be required to achieve a semester grade point average (SGPA) of at least 2.0 for each semester after readmission, and shall be required to raise his or her cumulative grade point average (CGPA) to at least 2.0 in order to continue as a student.

610.9 A student may be readmitted under this section only once. A student who fails to maintain the required academic standard after being readmitted under this section shall be permanently separated from the School of Law for academic deficiency.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988).

8-A DCMR § 611 RESERVED

8-A DCMR § 612 RESERVED

8-A DCMR § 613 RESERVED

8-A DCMR § 614 RESERVED

8-A DCMR § 615 RETAKING A COURSE OR EXAMINATION

615.1 A student may only retake a course in which he or she received a final grade of "F". If the course is retaken, the initial grade of "F" shall be retained on the student's transcript and the subsequent grade shall be added to the transcript.

615.2 Except as provided otherwise in this chapter, the grade which the student receives for the retaken course shall be counted (along with the original grade) in determining the student's cumulative grade point average (CGPA); however, the credit hours for the course shall be counted only once toward the student's total graduation credit hour requirement.

615.3 In any of the courses required under §600.4, the professor may allow a student to retake an examination in the course or resubmit any other evaluative paper or other submission. The exam must be retaken or the resubmission completed within the semester following the end of the course, including the Summer semester.

615.4 The course grade following a retaken exam or other resubmission shall be computed as follows:

(a) By averaging the grade received on the retaken exam or other submission with the original grade received; or

(b) By using the grade received on the retaken exam or other submission in place of the grade originally received.

615.5 A failing grade on the retaken exam shall not be included in the student's academic record. The student may elect to retake the course under the provisions of this section.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988); as amended by Final Rulemaking published at 38 DCR 426 (January 1991).

8-A DCMR § 616 ACADEMIC PROBATION

616.1 The Dean and the faculty shall establish an academic probation program for students whose cumulative grade point average (CGPA) is less than 2.0 but higher than the threshold for separation for academic deficiency under §608.

616.2 Academic probation shall serve as a warning to a student that he or she needs to improve his or her academic performance.

616.3 The Dean may restrict a student on academic probation from carrying a coursework overload, and may advise the student to limit or restrict other non-academic activities, including extra-curricular activities.

616.4 As part of the academic probation program, the Dean and the faculty shall provide, and the student shall be required to participate in, an academic counseling and support program.

616.5 A student on academic probation shall be required to obtain the approval of the Dean, or the Dean's designee, for the student's current courseload and selection. The student may be required to modify his or her courseload or course selection in order to obtain approval.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988) ; as amended by Final Rulemaking published at 38 DCR 426 (January 1991).

8-A DCMR § 617 REVIEW OF GRADES RECEIVED

617.1 The Dean and faculty may establish a procedure by which a student may obtain an explanation of the basis for a grade received by the student from the faculty member assigning the grade.

617.2 The procedure for ascertaining the basis of a grade received shall preserve the anonimity of the grading system, unless anonimity is waived by the student.

617.3 The Dean and faculty may establish a procedure by which a student may seek review of a grade received on the grounds that the grade was assigned on either of the following bases:

(a) Assignment of a grade on any basis other than the performance of the student receiving the grade. Performance may include factors such as attendance, participation, professional responsibility, or other criteria established by the faculty member for all students taking the course; or

(b) Assignment of a grade to a particular student on the basis of more stringent or demanding standards than were applied to other members of the same course.

617.4 The decision of the Dean and the faculty with respect to a grade reviewed under the procedure established pursuant to this section shall be final.

617.5 The procedures for review of grades established pursuant to this section may include a process for award of administrative credit without a grade.

History

SOURCE: Final Rulemaking published at 35 DCR 6899 (September 16, 1988) ; as amended by Final Rulemaking published at 38 DCR 426 (January 1991).

8-A7 STUDENT ACTIVITIES AND RECORDS

8-A DCMR § 700 STUDENT GROUPS AND ORGANIZATIONS

700.1 Student groups and organizations which have been officially recognized by the Board of Governors (the "Board") shall be entitled to use the facilities of the School of Law for meetings and other activities.

700.2 A newly formed student group or organization may apply for recognition by submitting a written request for recognition to the Dean. The Dean shall forward the request, along with any recommendation or comments from the Dean, to the Board at its next regular meeting for action.

700.3 A student group or organization seeking recognition by the Board shall include, along with its request for recognition, a copy of its written organizational statement, bylaws, or other statement of the purposes, activities, and membership requirements of the group or organization. The resolution of recognition adopted by the Board, along with the documents submitted under this provision, shall constitute the charter of the organization for purposes of the School of Law.

700.4 Student groups and organizations which have been officially recognized by the Board may apply to the Dean for financial and other support as part of the annual internal budget process of the School of Law. The student activity fee, as authorized under this title, may be used to provide financial assistance to student groups and organizations.

700.5 The Dean may provide office space, access to facilities, and other support to student groups and organizations as resources permit.

700.6 No student group or organization shall be officially recognized if it discriminates in its membership or activities on the basis of race, color, national origin, sex, religion, creed, age, marital status, personal physical appearance, sexual orientation or preference, former matriculation, family responsibilities, physical or mental disability, source of income, place of residence or business, citizenship status, political affiliation, or membership or non-membership in any other organization, except as authorized by law or court order.

700.7 The Dean may designate a member of the staff of the School of Law to provide liaison and assistance to student groups and organizations, and may delegate any of the duties of the Dean with respect to student groups and organizations to this staff member.

History

SOURCE: Final Rulemaking published at 35 DCR 6908 (September 16, 1988).

8-A DCMR § 701 STUDENT GOVERNMENT

701.1 The student body may provide for a student government organization to represent the interests of students and act as an advocate for the rights and interests of students.

701.2 The student government organization shall be recognized by the Board of Governors upon presentation to the Board of the organizational statement and bylaws of the student government in the manner set forth in §700.

701.3 The activities of the student government organization may be financed, in whole or in part, by the student activity fee. The organization shall prepare and submit an annual budget to the Dean or the Dean's designee for approval by the Board as part of the annual budget process.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A DCMR § 702 LAW REVIEW

702.1 The Dean, with the assistance of the faculty, shall provide for the establishment of a student-edited and produced law review to be titled the "Journal of the District of Columbia School of Law."

702.2 The law review shall be published by the School of Law on a periodic basis, but not less than once each year.

702.3 The annual budget of the School of Law shall provide for publication of the law review.

702.4 Not more than twenty percent (20%) of the student activity fee may be used for support of the law review. If any part of the funds of the student activity fee are used to support the law review, each student shall receive a copy of the law review, upon publication, without additional charge.

702.5 The Dean shall provide for the use of office space, equipment, and other facilities of the School of Law by the staff of the law review.

702.6 The Dean shall appoint a member of the faculty as the faculty advisor to the law review.

702.7 Copies of the law review shall be made available to alumni of the School of Law and alumni of the Antioch School of Law at a reasonable cost or in recognition of ongoing substantial financial contributions to the School of Law.

702.8 The members of the staff of the law review shall be selected annually from among students who have completed the first year of law school. The criteria for selection and process of selection of the staff of the law review shall be approved by the Dean and the faculty. The selection of the editorial board of the law review shall be made from among the members of the staff by the graduating members of the staff.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988); as amended by Final Rulemaking at 42 DCR 5438 (9-29-95).

8-A DCMR § 703 PROTECTION OF THE PRIVACY OF STUDENT RECORDS

703.1 Personally identifiable records and records that contain personal information shall not be released by the School of Law or any employee of the School of Law to any individual, government agency, or private organization without the prior written, informed consent of the student, except as provided otherwise in this section.

703.2 Records may be released without consent to other officials of the School of Law, including members of the faculty, who have a legitimate educational interest in the records.

703.3 Records may be released without consent to officials of other schools or institutions in which the student seeks or intends to enroll. The student shall be notified of the transfer of the student's records and be able to receive a copy of the transferred records upon request and the payment of a reasonable copying fee.

703.4 Records that include social security numbers may be released without consent in connection with a student's application for, or receipt of personal financial aid for educational purposes.

703.5 Records may be also be released without the consent of the student in the following circumstances:

(a) To an authorized representative of the Comptroller General of the United States, the Secretary of Education, and other educational agency heads when necessary for audit and evaluation of federally supported education programs, or to meet the specific requirements of federal law with respect to federally supported programs;

(b) Pursuant to a judicial order or lawfully issued subpoena, but only to the extent that the records are specifically identified by the order or subpoena; and

703.6 The data collected by or released to officials under §703.5(a) with respect to individual students shall not include the social security number of any student or other information that would permit the personal identification of any student after the data has been collected or released.

703.7 Records may be released without consent when necessary to protect the health or safety of the student in an emergency. The student shall be notified in writing as soon as possible after the release of the records, the content of the records released, and the reasons for the release.

703.8 The release of records without consent under this section shall be in compliance with the specific provisions and procedures for release, as applicable, set forth in §708 of this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A DCMR § 704 RESERVED

8-A DCMR § 705 ACCESS TO STUDENT RECORDS

705.1 A student shall have the right to inspect and review official records, files, and data maintained by the School of Law that relate directly to the particular student.

705.2 The right to inspect and review shall include the right to obtain copies of the information at a reasonable cost. A copying fee may be established by the Dean or the Dean's designee to cover the actual cost of copying the records.

705.3 Payment of the copying fee may be waived by the Dean or the custodian of the records if there is no significant cost to the School of Law or upon a showing that the student is unable to pay.

705.4 The right to inspect and review may be exercised at any reasonable time, subject to uniform procedures, approved by the Dean, that are not unduly cumbersome.

705.5 Access to records and other information shall be obtained by making a written request to the official having custody or responsibility for the records.

705.6 In any case, a written request to the Dean shall be deemed a request to the proper official and that request shall be forwarded immediately for response.

705.7 If the records requested contain information relating directly to more than one (1) student, the person requesting the information shall be entitled to inspect and review only that portion of the records that relates directly to them.

705.8 If original, official records cannot be screened or separated in a manner which allows access and review of only those portions to which the person requesting access is entitled, the custodian or other responsible official shall make edited copies available, or shall inform the requesting party of that portion of the record that relates directly to them.

705.9 Students shall be informed annually of the rights and procedures for access to records and protection of privacy set forth in this chapter by inclusion of this information in an appropriate student handbook or other communication.

705.10 Where notice or informed consent is required by these rules and procedures, a person who is non-English speaking shall have the right to notice or informed consent material, including consent forms, in their own language.

705.11 The Dean shall provide for access to official records by non-readers and visually handicapped persons through a designated representative or other means.

705.12 Official records open to inspection and review shall include, but are not necessarily limited to, the following:

(a) A student's cumulative or permanent record file;

(b) Any data collected or intended for use within the School of Law or intended for distribution outside the School of Law;

(d) Academic work completed;

(e) Grades and scores and results from tests and examinations;

(f) Health data and accident reports;

(g) Observations and ratings by professors, administrators, and other personnel; and

(h) Reports of behavior or discipline problems or incidents.

705.13 Requests for access to records, files, data, or other information shall be honored as soon as possible, but in no case in more than forty-five (45) calendar days.

705.14 The provisions of this section shall apply to all present and former students.

705.15 Where the right to access and review official records is exercised by a student, that right shall not include access to any portion of the official records that pertain solely to the parent or guardian of the student, including, financial information, unless the student first obtains the consent of the parent or guardian.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A DCMR § 706 CHALLENGE TO CONTENTS OF OFFICIAL RECORDS

706.1 A student shall have the right to challenge the contents of records pertaining to him or her on the grounds of inaccuracy, misleading or incomplete information, violation of privacy or other rights, or violation of this title, in accordance with the procedures set forth in this section.

706.2 A challenge with respect to any grade received for coursework at the School of Law may only be made with respect to the accuracy of the recording of the grade in the official record and shall not be used to challenge or protest the basis for the award of the grade.

706.3 An initial challenge to the contents of official records shall be in writing and shall be directed to the school official having custody or responsibility for the records or to the Dean.

706.4 The official custodian of the records shall review the challenge, discuss the records involved with the challenging party or his or her representative, and make an administrative decision whether to change the records.

706.5 Any decision of the custodian not to alter, modify, or supplement the challenged records, in whole or in part, shall be in writing and shall state the reasons for the decision. A copy of the decision shall be provided to the challenging party and placed in the official record.

706.6 A challenging party who is not satisfied with the administrative decision made pursuant to §706.5 shall be entitled to request and receive an informal hearing.

706.7 A hearing held pursuant to this section shall be before the Dean or the Dean's designee. The findings and conclusions of the hearing shall be the final administrative decision on the challenged material.

706.8 The findings and conclusions of the hearing shall be in writing, shall be communicated to all parties, and shall be placed in the official record.

706.9 It shall be the responsibility of the custodian of the records to implement the final administrative decision.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A DCMR § 707 DIRECTORY INFORMATION

707.1 Directory information may be released without consent unless a student has informed the School of Law within thirty (30) days of the issuance of public notice of the categories of directory information that the directory information may not be released with regard to the student without prior consent of the student.

707.2 Directory information may include the following:

(a) A student's name and address;

(b) A student's date and place of birth;

(d) Dates of attendance;

(e) Degrees and awards received; and

(f) The name of the school being attended by the student and the names of schools previously attended.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A DCMR § 708 RELEASE OF OFFICIAL RECORDS

708.1 When written consent for release of official records is required by this title, the written consent shall include all of the following:

(a) The signature of the person authorizing the release of the records and the date of the intended release;

(b) Specific identification of the records to be released;

(d) The name(s) of the party or parties to whom the records may be released; and

(e) The name of the official of the School of Law who is responsible for the release of the records.

708.2 A copy of the official records to be released shall be made available to the student prior to the student signing the consent form.

708.3 A consent form shall clearly and prominently set forth the right to inspect and review the records and the right to challenge the contents of the records.

708.4 If records are released pursuant to judicial order or lawfully issued subpoena, the student shall be notified of the release of the records by the official releasing the records. A copy of the judicial order or subpoena shall be retained in the file from which the official records are released.

708.5 When records are requested under the provisions of §§703.2, 703.3, 703.4, 703.5(a), or 703.5(c) of this chapter, the custodian of the records or other responsible school official shall obtain, prior to the release of the records, a signed and dated request form, which shall contain the following:

(a) The name, title, and agency or office of the person requesting the release of the records;

(b) The specific reasons and justifications for the request; and

(c) In the case of a request in connection with financial aid for educational purposes, pursuant to §703.4, a statement certifying that the applicant for the financial aid has been informed that the records may be requested in connection with the application for a receipt of the financial aid.

708.6 The request form for release of records required by §708.5 shall be retained in the file from which the official records are requested, regardless of whether the information is released, and shall contain the name of the custodian or other responsible official who made the determination to release or deny the release of the records.

708.7 Request forms for release of records shall be available for inspection and review as part of the official record, pursuant to the provisions of §703, and shall be available to officials of the School of Law who are responsible for information systems audit.

708.8 All official records released to third parties under the provisions of this chapter shall be released only upon the condition that the third party may not permit access to the records by any other person without first obtaining the written consent of the student.

708.9 Each official record released to a third party shall contain a written statement informing the recipient of the conditions of release set forth in §708.8. This provision shall not apply to any records that do not personally identify any student.

History

SOURCE: Final Rulemaking published at 35 DCR 6909 (September 16, 1988).

8-A10 GENERAL PERSONNEL POLICIES

8-A DCMR § 1000 EDUCATIONAL AND CAREER SERVICES

1000.1 In accordance with the D.C. Comprehensive Merit Personnel Act of 1978 ("CMPA"), D.C. Law 2-139, as amended by D.C. Law 6-177 (D.C. Code, §1-608.1), all employees of the District of Columbia School of Law shall be in the Educational Service except the following:

(a) Employees holding positions designated by the Board of Governors as being in the Excepted Service; and

(b) Positions designated by law as being in the Career Service.

1000.2 In accordance with D.C. Code, §1-603.1(6), employees of the School of Law in the following positions shall be considered part of the Career Service established under the CMPA and shall be subject to all of the requirements of the CMPA and regulations issued by the Mayor pursuant to the CMPA applicable to employees in the Career Service:

(a) Clerical, stenographic, or secretarial positions;

(b) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;

(d) Cooks, dieticians, and other positions involved in the direct planning, preparing, and serving of food;

(e) Technicians involved in the operation or maintenance of machinery, vehicles, equipment, or the processing of materials and inventory; or

(f) Positions, the major duties of which consist of the supervision of employees covered in paragraphs (a) through (e) of this subsection.

1000.3 Career Service employees of the School of Law shall be governed by personnel regulations issued by the Mayor, except where the Board of Governors has promulgated rules under this title governing Career Service employees in the following subject areas:

(a) Hours of work;

(b) Holidays;

(d) Performance evaluation;

(e) Adverse actions;

(f) Grievances;

(g) Labor management relations;

(h) Political rights of employees; and

(i) Records management and privacy of records.

1000.4 Educational Service employees of the School of Law shall be governed by the provisions of this title.

1000.5 The Dean shall be authorized to appoint, promote, reassign, transfer, demote, and dismiss employees of the School of Law in the Career and Educational Services, in accordance with the applicable provisions of the CMPA, personnel regulations issued by the Mayor applicable to Career Service employees, and the provisions of this title.

1000.6 The Dean may further delegate personnel authority under §1000.5 to the appropriate administrators of the School of Law. Administrators with delegated personnel authority shall exercise that authority in accordance with the CMPA and the provisions of this title.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1001 EXCEPTED SERVICE

1001.1 In accordance with D.C. Code, §1-610.3(a)(8), the Board of Governors shall, from time to time, designate positions in the Excepted Service and may remove positions from the Excepted Service.

1001.2 The Dean shall be authorized to appoint persons to Excepted Service positions, except as provided otherwise in §1001.3. Excepted Service employees appointed by the Dean shall serve at the pleasure of the Dean.

1001.3 The Board shall appoint persons to Excepted Service positions which are on the staff of the Board and which report directly to the Board or an officer of the Board. Excepted Service employees appointed by the Board shall serve at the pleasure of the Board.

1001.4 The Dean shall establish written qualifications and job descriptions for each Excepted Service position and shall establish and implement procedures for the filling of Excepted Service positions.

1001.5 A person who is an incumbent in a position in the Educational or Career Service that is subsequently designated to be in the Excepted Service shall retain all the rights and benefits of the position and shall not be considered to be in the Excepted Service. However, once the position is vacated, the new appointee shall be in the Excepted Service and subject to all applicable rules.

1001.6 Individuals employed in the Educational or Career Service who accept Excepted Service appointments shall not retain any right to return to an Educational or Career Service position upon termination of the Excepted Service appointment. However, Excepted Service appointees shall be eligible to apply for appointment to positions in the Career or Educational Service for which they are qualified upon termination of the Excepted Service appointment.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1002 COMPETITIVE APPOINTMENTS

1002.1 Except as specified otherwise by law or this title, each appointment to a position at the District of Columbia School of Law shall be made using open competition procedures established by the Dean.

1002.2 Open competition procedures shall provide for the application and consideration of all persons without regard to current or former employment with the School of Law or employment with any other agency of the District of Columbia.

1002.3 Initial appointments to positions in the Educational Service shall be made as the result of open competition and on the basis of merit by selection from the most qualified eligible applicants based on specific job description requirements and standards of eligibility.

1002.4 The Dean shall establish written qualifications, job descriptions, and eligibility requirements for all positions in the Educational Service.

1002.5 The Dean shall be responsible for the promulgation, distribution, implementation, and administration of procedures for appointment which ensure that appointments are based solely on merit, fitness, and qualifications to perform the duties of the position.

1002.6 No officer or employee of the School of Law or member of the Board of Governors shall influence another person to withdraw from competition for any position in the Educational Service for the purpose of either improving or injuring the prospects of any other application for appointment or selection.

1002.7 Under authority of D.C. Code, §31-1548, the Dean may authorize the appointment of any person employed by the Antioch School of Law on February 24, 1987, to a position in the Career, Educational, or Excepted Service without advertising the position or use of open competition procedures as long as the appointee meets all of the applicable qualifications and standards for the position established under this title or the CMPA, and other applicable requirements of law and this title. The provisions of this subsection shall apply to appointments made on or before December 31, 1988.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1003 EQUAL EMPLOYMENT OPPORTUNITY

1003.1 Employees of the School of Law shall be hired, assigned, promoted, transferred, retained, disciplined, and otherwise treated without regard to race, color, national origin, sex, religion, creed, age, marital status, personal physical appearance, sexual orientation, family responsibilities, physical handicap, source of income, matriculation, political affiliation, citizenship status, place of residence or business, or membership or non-membership in an employee organization, except as authorized by law or court order.

1003.2 Each administrator employed by the School of Law shall be responsible and accountable for ensuring that the provisions of this section are broadly and fairly interpreted and carried out, and that adequate steps are taken to eliminate any practice or policy that results in unlawful discrimination.

1003.3 The Dean shall be responsible for ensuring that adequate resources are provided for the positive and effective administration of the Equal Employment Opportunity policies of the School of Law.

1003.4 The provisions of this section shall be carried out in accordance with the affirmative action requirements of D.C. Code, §§1-507 through 1-513; the Human Rights Act of 1977, as amended, D.C. Code, §1-2501 et seq.; and the applicable provisions of Title VII of the CMPA, D.C. Code, §1-607.1 et seq.

1003.5 The Dean is authorized to act as or to designate an employee of the School of Law to act as the Equal Employment Officer for the School of Law.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1004 CITIZENSHIP REQUIREMENTS

1004.1 To be eligible for employment by the School of Law, each foreign national shall be required to meet all requirements established under the Immigration and Naturalization Act.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1005 AGE REQUIREMENTS AND PROOF OF BIRTH DATE

1005.1 The minimum age for employment in the Educational Service is sixteen (16) years of age.

1005.2 Each employee shall be required to provide proof of his or her birth date at the time of appointment in order to establish eligibility for the retirement benefits.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1006 DISTRICT RESIDENTS HIRING PREFERENCE

1006.1 In accordance with D.C. Code, § 1-608.1(e), any person who accepts a position as an employee of the School of Law in the Career Service who is a bona fide resident of the District of Columbia and who claims a District resident preference on his or her application for employment shall be given preference over an applicant who is not a bona fide resident of the District of Columbia or an applicant who may be a District resident but who does not claim a District residency preference in connection with his or her application for employment, pursuant to regulations issued by the Mayor.

1006.2 In accordance with D.C. Code, § 1-610.6, any person who accepts a position as an employee of the School of Law in the Excepted Service shall be required to meet the criteria set forth in regulations issued by the Mayor in order to maintain eligibility for employment.

1006.3 In accordance with D.C. Code, § 1-609.1(d)(1), each applicant for a position in the Educational Service at the School of Law who is a bona fide resident of the District of Columbia and who claims a District resident preference on his or her application for employment shall be given preference over an applicant who is not a bona fide resident of the District of Columbia or an applicant who may be a District resident but who does not claim a District residency preference in connection with his or her application for employment.

1006.4 In accordance with D.C. Code, § 1-609.1(d)(2), an applicant who claims a District residency preference and who is subsequently appointed to a position in the Educational Service shall be required to maintain bona fide District residency during the consecutive five (5) year period following the effective date of the appointment.

1006.5 For purposes of this chapter, the phrase "bona fide resident of the District of Columbia" means a person who is a domiciliary of the District of Columbia and who maintains a place of abode in the District as his or her actual, regular, and principal place of occupancy.

1006.6 Each applicant for a position at the School of Law shall be informed in writing of the residency preference requirements set forth in the Residency Preference Amendment Act of 1988 and this chapter by the Dean or the Dean's designee.

1006.7 The residency of Educational Service employees shall be certified using forms approved by the Dean, in accordance with the provisions of § 1007 of this chapter.

1006.8 In accordance with D.C. Code, § 1-609.1(d)(3), as amended, a person appointed in the Educational Service before the effective date of the Residency Preference Amendment Act of 1988 who was subject to a residency requirement shall be treated as if he or she claimed a District residency preference.

1006.9 For purposes of the five (5) year consecutive residency requirement set forth in the Act, an employee who has had a break in service (or breaks in service) of less than one (1) year shall be deemed to have met the five (5) year consecutive residency requirement if that employee remained a bona fide District resident during the break(s) in service and the total time actually employed by the District, not including breaks in service, was at least five (5) years.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988); as amended by Final Rulemaking published at 36 DCR 5661 (August 1989).

8-A DCMR § 1007 CERTIFICATION OF RESIDENCY

1007.1 Each applicant who is appointed to a position in the Educational Service and who claimed a District residency preference on his or her application for employment shall sign a statement that certifies the following:

(a) That the appointee has received written notification of the requirement to maintain bona fide District residency for a period of at least five (5) consecutive years from the effective date of appointment to the position;

(b) That the appointee has read the notice, has been afforded an opportunity to ask questions about the residency requirement, and understands the residency requirement;

(c) That the appointee understands that failure to maintain residency in the District of Columbia for five (5) consecutive years after the effective date of appointment will result in forfeiture of his or her employment at the School of Law; and

(d) That the place of residence stated in the certification is his or her actual, regular, and principal place of occupancy.

1007.2 A [an] employee in the Educational Service who was appointed before the effective date of the Residency Preference Amendment Act of 1988 (the "Act") and who claims exemption from further application of the residency requirement on the grounds that the employee has maintained District residency for at least five (5) consecutive years after the effective date of appointment shall be required to certify in writing, on a form approved by the Dean, that he or she was a bona fide District resident during the five (5) year period claimed.

1007.3 An employee in the Educational Service who was appointed after the effective date of the Act and claimed a District residency preference in connection with that appointment, and who claims exemption from further application of the residency requirement on the grounds that the employee has maintained District residency for at least five (5) consecutive years after the effective date of appointment shall be required to certify in writing, on a form approved by the Dean, that he or she was a bona fide District resident for the period claimed.

1007.4 In addition to the certificate of residency executed under §§ 1007.1, 1007.2, or 1007.3, the Dean or the Dean's designee shall make a finding that the employee is a bona fide District resident or was a bona fide District resident during the period claimed.

1007.5 The signed certificate of residency executed under this section and the written finding of bona fide District residency made by the Dean or the Dean's designee under § 1007.4 of this section shall be placed in the employee's permanent personnel file.

1007.6 In determining whether an employee is, or has been for a period of five (5) consecutive years, a bona fide resident of the District of Columbia for purposes of this chapter, the Dean may require the submission of evidence, including supporting documentation, of any or all of the following:

(a) The home mailing address(es) of the employee;

(b) Voter registration;

(d) Valid, unexpired motor vehicle operator's permit(s);

(e) Withholding and proof of payment of personal income tax;

(f) Title(s) to residential real property or a valid, unexpired lease agreement(s); and

(g) Any other documentary or testimentary evidence which is reliable and probative of the issue of residency.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988; as amended by Final Rulemaking published at 36 DCR 5661 (August 1989).

8-A DCMR § 1008 FAILURE TO COMPLY WITH RESIDENCY REQUIREMENTS

1008.1 In accordance with D.C. Code, § 1-106.9(d)(2), an Educational Service employee who fails to comply with and maintain compliance with the residency requirement set forth in § 1006.4 shall forfeit his or her position.

1008.2 Whenever the Dean, or the Dean's designee, has reasonable cause to believe that an Educational Service employee is not in compliance with the residency requirement set forth in § 1006.4, the Dean or designee shall issue to the employee a written notice to show cause why the position held by the employee should not be forfeited.

1008.3 The employee shall have ten (10) days to respond to the notice to show cause. The employee's response shall be in writing and shall state facts and circumstances sufficient to demonstrate compliance with the residency requirement.

1008.4 If the employee fails to respond to the notice to show cause within the ten (10) day notice period, the Dean shall declare the position forfeited.

1008.5 If the employee's response fails to assert facts or circumstances which, if proven, would establish compliance with the residency requirement, the employee shall be given an opportunity to appear before the Dean or the Dean's designee to present evidence and testimony in support of the employee's claim of bona fide residency in the District of Columbia.

1008.6 The Dean, or the Dean's designee, shall consider the testimony and evidence presented by the employee and the Dean shall issue a final decision in writing. A copy of the decision shall be given to the employee. If the Dean determines that the employee is not a bona fide resident of the District of Columbia, the Dean shall declare the position forfeited.

1008.7 In determining whether an employee is a bona fide resident of the District of Columbia for purposes of this section, the Dean may consider documentary evidence of the same type considered under the provisions of § 1007.6 of this chapter.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988) ; as amended by Final Rulemaking published at 36 DCR 5661 (August 1989).

8-A DCMR § 1009 RESERVED

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1010 RESIGNATION

1010.1 An employee of the School of Law shall submit his or her resignation in writing to the Dean at least ten (10) working days before the effective date of the resignation.

1010.2 Failure to submit a resignation in writing may result in separation due to abandonment of position.

1010.3 The Dean shall not accept a conditional resignation. A conditional resignation shall be returned to the employee.

1010.4 A resignation is binding on an employee immediately upon submission.

1010.5 An employee may reconsider his or her resignation and, upon approval of the Dean, may withdraw or postpone the resignation at any time prior to the effective date of the resignation.

1010.6 Failure to report to work after notice shall be deemed a voluntary resignation due to abandonment of position. Voluntary resignation due to abandonment of position shall not be considered an adverse action.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1011 EMPLOYMENT OF RELATIVES

1011.1 Relationship through family or marriage shall constitute neither an advantage nor a disadvantage in employment matters. An individual who is related to another employee of the School of Law shall meet and fulfill all applicable appointment and promotion standards.

1011.2 No individual shall be employed in a position or organizational unit of the School of Law which is under the supervision of a relative who has or may have a direct effect on that individual's progress, job performance, or welfare.

1011.3 No officer or employee of the School of Law shall appoint, promote, advance, or advocate for appointment, promotion, or advancement, in or to any position at the School of Law, any person who is his or her relative.

1011.4 No officer or employee of the School of Law shall appoint, promote, advance any person who is a relative of another officer or employee of the School of Law if that other officer or employee has advocated the appointment, promotion, or advancement of that relative.

1011.5 For purposes of this section, the term "relative" shall include a person's parent, child, brother, sister, uncle, aunt, first cousin, nephew, niece, spouse, mother-in-law, father-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, and half-sister.

1011.6 For purposes of this section, the term "advocate" means to recommend, refer, support, suggest, or request the appointment, promotion, or advancement of an individual who is one's relative.

1011.7 The Dean may approve an exception to the provisions of this section for a temporary period of not more than thirty (30) days based on the need for a temporary appointment, promotion, or assignment due to an emergency or similar unforeseen event or circumstance.

1011.8 Any officer or employee of the School of Law who appoints, promotes, or advances, or advocates the appointment, promotion, or advancement of any individual in violation of this section shall reimburse the School of Law for any funds improperly paid to the individual.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1012 CORRECTION OF ADMINISTRATIVE ERRORS

1012.1 No employee shall suffer any loss in pay, benefits, tenure status, or otherwise, caused by an administrative error.

1012.2 When an administrative error is discovered, it shall be corrected in accordance with procedures established by the Dean or the Dean's designee.

1012.3 The provisions of this section shall not apply to any instance where the error was caused or affected by fraud, misrepresentation, fault, or lack of good faith on the part of the employee concerned or any other party having an interest in the correction involved.

1012.4 Claims against employees, including overpayments to employees caused by administrative error, shall be handled in accordance with the provisions of D.C. Code, §1-630.1 et seq.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A DCMR § 1013 GARNISHMENT, ATTACHMENT, AND DEBT COLLECTION

1013.1 The School of Law shall not serve as a debt collection agent for an employee's debts to outside creditors.

1013.2 An officer, employee, or agent of the School of Law shall not assume responsibility for determining the validity of any contested debt, except when required by law or expressly authorized in this title.

1013.3 Garnishment or attachment of wages shall not be undertaken by the School of Law, except as specifically required by D.C. Code, §1-516, or other applicable provision of law.

History

SOURCE: Final Rulemaking published at 35DCR 4365 (June 10, 1988).

8-A11 CLASSIFICATION AND COMPENSATION

8-A DCMR § 1100 CLASSIFICATION: GENERAL PROVISIONS

1100.1 The classification system established under this chapter shall form the basis for the maintenance of an equitable salary structure for the Educational Service employees of the School of Law.

1100.2 The classification system shall fairly reflect the complexity and accountability of each position relative to other positions at the School of Law.

1100.3 The classification system shall be designed to inform all employees of the salary policy and procedures in a manner that will enable them to understand how the program will affect them individually and the means by which it will be maintained and updated in the future.

1100.4 The classification system shall provide a basis for making decisions on salary that are related to the budgeted fiscal resources of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1101 CLASSIFICATION SYSTEM

1101.1 The Dean of the School of Law shall be responsible for developing and maintaining a sound position classification system for the School of Law in accordance with the provisions of the D.C. Comprehensive Merit Personnel Act (the "CMPA").

1101.2 The classification system developed by the Dean shall be adopted by the Board of Governors (the "Board") after publication in the D.C. Register and conduct of a public hearing in accordance with the provisions of D.C. Code, §§1-612.1(c) and 1-612.11(b).

1101.3 Written specifications shall be approved by the Dean for each class of positions in the classification system.

1101.4 Class specifications shall include duties, responsibilities, and qualifications for each class title.

1101.5 The Dean shall be accountable for the functional implementation and direction of the classification system, and shall provide for the following:

(a) The proper and consistent application and integrity of the system on a continuing basis;

(b) Maintenance of current and accurate job descriptions for all existing positions covered by the system in accordance with the provisions of this chapter; and

(c) The conduct of position audits when required and timely review and updating of position descriptions and classifications.

1101.6 The Dean may designate subordinate administrative officials to carry out the implementation of the classification system.

1101.7 The Dean may establish a Classification Review Committee consisting of administrative and supervisory employees to review classification standards and procedures, and to make recommendations to the Dean on particular classification issues, decisions, and procedures.

1101.8 All employees and supervisors shall furnish complete and accurate information regarding current assigned duties and responsibilities during position audits and surveys conducted for the purposes of classification review.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1102 APPEAL OF POSITION CLASSIFICATIONS

1102.1 Each employee shall have the right to request review of the grade or classification assigned to his or her position, and may appeal an adverse classification decision with respect to his or her position.

1102.2 The Dean shall ensure that right to review and appeal under this section may be fully exercised by employees without restraint and without fear of reprisal or prejudice.

1102.3 The Dean shall establish procedures for classification review and appeal, and shall ensure that each employee is informed of the procedures for review and appeal.

1102.4 The Dean may establish an impartial review board to assist in the review of appeals of classification decisions.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1103 RESERVED

8-A DCMR § 1104 COMPENSATION POLICY

1104.1 The salary administration policies set forth in this chapter shall be implemented to provide uniform, fair salary practices for Educational Service employees of the School of Law.

1104.2 Each employee shall be paid fairly in relation to other positions within the School of Law at a level which is reasonably competitive with salaries paid for similar positions in similar organizations.

1104.3 Compensation shall be based, to the extent practical, on the premise of equal pay for equal work.

1104.4 Differences in compensation shall be maintained to reflect the actual differences in level of responsibility and difficulty of work.

1104.5 The pay of an individual receiving an annuity under any federal or District of Columbia government civilian retirement system, or under any retirement system of the uniformed services of the United States shall be reduced in accordance with D.C. Code, §1-612.3(b) and (c).

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1105 SALARY SCHEDULES

1105.1 The compensation system and salary schedules for all employees in the Educational Service shall be determined by the Board of Governors (the "Board"), based upon the recommendation of the Dean, subject to review and comment by the Mayor and approval by the Council of the District of Columbia under the provisions of D.C. Code, §1-612.11(g).

1105.2 The Dean shall provide for periodic review of the compensation system and pay schedules, and the Dean shall make recommendations to the Board for adoption of amendments to the compensation system pursuant to the provisions of D.C. Code, §1-612.11(g).

1105.3 The Dean or the Dean's designee shall participate in periodic review of the compensation systems under the control of the Mayor pursuant to the provisions of D.C. Code, §§1-612.5 and 1-612.6.

1105.4 Compensation for an employee shall be based on the applicable salary schedule grade as reflected in the classification of the position for which the employee is hired.

1105.5 Career Service and Excepted Service employees employed by the School of Law shall be subject to the classification and compensation rules and procedures promulgated by the D.C. Office of Personnel.

1105.6 Employees of the School of Law authorized to negotiate compensation shall have their compensation set in accordance with the provisions of D.C. Code, §§1-618.16 and 1-618.17.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1106 APPOINTMENT AT A RATE OF PAY ABOVE THE MINIMUM

1106.1 Upon recommendation of the Dean, the Board may authorize rates of pay above the minimum for categories of positions where it is extremely difficult to recruit at the minimum step rate of a salary schedule. These categories shall be identified by the Dean at least annually and shall remain in effect for the school year following approval.

1106.2 The Board may also authorize appointment above the minimum step rate of a salary schedule for individuals who possess unique or unusually high qualifications of special need to the School of Law or whose annual salary immediately prior to the appointment was higher than the prescribed rate of compensation, unless covered under §1106.1.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1107 SALARY RETENTION

1107.1 An employee who has been placed in a lower grade position through no fault of the employee shall retain his or her current grade for two (2) years from the date of demotion, and the employee's pay will not be reduced.

1107.2 At the end of the two (2) year salary retention period, the grade of the employee shall be lowered to correspond to the position in which the employee is serving.

1107.3 If the employee's pay at the end of the retention period exceeds the maximum rate of his or her new grade, the employee -shall retain the current rate of pay, but shall receive only fifty percent (50%) of subsequent step increases until the pay is less than or equal to the maximum rate of the new grade, at which time the employee shall receive full step increases.

1107.4 An employee shall not be eligible for salary retention in the following circumstances:

(a) If the employee is serving on a temporary promotion;

(b) If the employee has served fewer than three (3) months in the grade with permanent or probationary status;

(d) If the demotion resulted from a reduction-in-force due to lack of funds or curtailment of work; or

(e) If the demotion was requested or consented to by the employee in place of any proposed adverse action (such as separation) for cause.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1108 TEMPORARY ASSIGNMENT COMPENSATION

1108.1 An employee who receives a temporary assignment to a position to perform the duties and responsibilities of a higher grade may be compensated at that grade whenever possible.

1108.2 Temporary promotion under the terms of this section shall not exceed one (1) year.

1108.3 If it is projected that the temporary need to fill a position will exceed sixty (60) days, the position shall be filled through normal competitive selection procedures.

1108.4 Upon termination of a temporary assignment and return to the previous position, the employee's salary shall be fixed in the previous grade at the step rate to which the employee would have progressed by means of a within-grade increase if the employee had not been assigned to the higher grade.

1108.5 If the employee received any additional increase based on merit or exemplary performance while assigned to the higher grade position, the employee's salary upon return to the previous position shall be fixed at the step rate immediately above the rate determined in accordance with §1108.4.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A DCMR § 1109 RESERVED

8-A DCMR § 1110 HONORARIA AND PROFESSIONAL FEES

1110.1 The Dean is authorized to negotiate professional fees, honoraria, and related payments to experts, consultants, and other non-employees who perform services for the School of Law.

1110.2 The Dean shall be authorized to negotiate per diem expenses, travel allowances, and other expenses in addition to fees or honoraria.

1110.3 Payments to experts, consultants, or other non-employees shall be set forth specifically in the provisions of a negotiated contract for services.

History

SOURCE: Final Rulemaking published at 35 DCR 4374 (June 10, 1988).

8-A12 CONDITIONS OF EMPLOYMENT

8-A DCMR § 1200 EMPLOYEE CONDUCT

1200.1 Each employee of the District of Columbia School of Law shall at all times maintain a high level of ethical conduct in connection with the performance of his or her official duties, and shall refrain from taking, ordering, or participating in any official action that would adversely affect the confidence of the public in the integrity of the School of Law.

1200.2 Each employee of the School of Law shall adhere to the rules of the School of Law in the performance of his or her responsibilities and official duties.

1200.3 Each employee of the School of Law shall be subject to the standards of ethical conduct adopted by the Mayor pursuant to the provisions of D.C. Code, §1-619.1.

1200.4 In accordance with D.C. Code, §1-619.2, no employee of the School of Law shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.

1200.5 The Dean or the Dean's designee shall ensure that each employee is informed of the standards of conduct required under this section.

1200.6 An employee who fails to comply with the rules of the School of Law shall be subject to discipline or discharge, in accordance with the provisions of chapter 17 of this title.

1200.7 The personal behavior of an employee during non-duty hours shall not be subject to disciplinary or punitive action by the School of Law unless the behavior or actions of the employee directly affect the employee's performance or ability to perform his or her official duties.

1200.8 In accordance with D.C. Code, §1-619.3, the Dean shall appoint a member of the staff of the School of Law to serve as ethics counselor for the employees of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1201 EMPLOYEE POLITICAL ACTIVITIES

1201.1 Employees of the School of Law shall be encouraged to exercise their full rights as citizens to participate in political activities to the extent that those activities are not expressly prohibited by law (including the provisions of subchapter III, chapter 73, of Title 5 of the United States Code) and are not in conflict with an employee's duties at the School of Law.

1201.2 An employee shall immediately notify his or her supervisor and the Dean upon becoming an official candidate for public office.

1201.3 The Dean shall encourage an employee who is a candidate for public office to take leave of absence.

1201.4 An employee may request and be granted leave without pay or accrued annual leave for the purpose of engaging in activities related to his or her candidacy, in accordance with the provisions of chapter 13 of this title. The provisions of this subsection shall also apply to an employee who wishes to take leave of absence to work in the political campaign of another person.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1202 CONVERSION

1202.1 An employee who accepts an appointment in a different employment service shall have the benefits and rights applicable to the new employment service at the time of conversion.

1202.2 Upon conversion, the rights and benefits applicable to an employee prior to conversion to a new employment service shall cease to apply to the employee.

1202.3 Each conversion shall be approved by the Dean or a designee before it is implemented.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1203 TEMPORARY AND PART-TIME EMPLOYMENT

1203.1 An employee shall be deemed "temporary" when his or her appointment does not exceed three hundred sixty-four (364) days.

1203.2 An employee shall be deemed to be "part-time" if his or her assigned regular tour of duty is thirty-nine (39) hours or less per week.

1203.3 Temporary employment may be on a full-time or part-time basis.

1203.4 An employee appointed on a When-Actually-Employed (W.A.E.) basis shall be deemed to be a temporary employee.

1203.5 A grant, trust, and other sponsored program employee shall be deemed to be a temporary employee.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1204 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1205 DETAIL OF EMPLOYEES

1205.1 An employee may be temporarily detailed to perform duties which are separate and distinct from those regularly assigned, including the performance of duties normally assigned to another position which has become temporarily vacant.

1205.2 During a period of detail, an employee shall continue to encumber the position from which he or she is detailed. A vacant position shall not be deemed filled by detail.

1205.3 Except as provided otherwise under §1108 of this title, an employee's rights and pay shall remain based on the official assignment, not on the duties or job to which he or she is detailed.

1205.4 An employee may be detailed on an informal basis for up to thirty (30) days, or officially detailed by written directive approved by the Dean for a period not to exceed one hundred twenty (120) days.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1206 EMPLOYMENT OBLIGATION

1206.1 The Dean or a designee shall determine the employment obligation of each employee (except part-time or temporary employment where the obligation may be less) to be either of the following:

(a) Academic Year Obligation - annual obligation of service for any period less than a full year; or

(b) Calendar Year Obligation - service for the full year (12 months).

1206.2 During an employee's period of employment obligation, the employee shall execute the required duties and responsibilities consistent with the title of the employee's position.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1207 HEALTH EXAMINATIONS

1207.1 The Dean may require any employee, prospective employee, or applicant for employment to have a physical examination and have the results reported to the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1208 MANDATORY RETIREMENT AGE

1208.1 The mandatory retirement age shall be seventy (70) years of age for for all employees, except as provided otherwise in this section.

1208.2 The Board of Governors may, by majority vote upon recommendation of the Dean, allow an individual employee to continue in service to the School of Law beyond the mandatory retirement age when the extension would be in the best interests of the School of Law.

1208.3 An extension shall be made for a specific period not to exceed one (1) year. The Board may grant one (1) or more additional extensions, upon the recommendation of the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1209 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1210 PROBATIONARY PERIOD

1210.1 Upon his or her initial appointment, an employee shall be subject to a one (1) year probationary period. The probationary period shall be used to evaluate the performance of the employee.

1210.2 The Dean may waive the probationary period for any employee who has previously completed a probationary period in the field of speciality for which that person is being hired at the School of Law.

1210.3 If an employee serves under a temporary or part-time appointment in the same position for twelve (12) consecutive months or longer, and is subsequently assigned permanent full-time status in that position, he or she shall be deemed to have fulfilled the requirement to serve a probationary period.

1210.4 An employee who is promoted to a higher level position prior to the completion of the required probationary period in a lower position shall concurrently satisfy the probationary time requirements of the lower position while serving in the higher position. Satisfactory performance in the higher level position shall be deemed to satisfy the remaining time requirement for probation in the lower position for purposes of §1212.2.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1211 PROBATIONARY PERFORMANCE REVIEW

1211.1 A formal performance review conference shall be held between each staff member and his or her immediate supervisor within thirty (30) days after the first three (3) months of initial employment. The supervisor shall discuss the employee's strengths, weaknesses, and shall make suggestions for any improvements in performance that may be necessary. The supervisor shall indicate whether the employee's performance has been satisfactory or unsatisfactory in the various areas of evaluation.

1211.2 Based on the employee's ongoing performance, the supervisor shall hold at least one (1) additional performance review conference with the employee during the probationary period.

1211.3 If the employee's performance is noted during a review conference as being unsatisfactory in any areas of job performance, the supervisor shall hold a follow-up conference with the employee within thirty (30) days after an additional six (6) week evaluation period to discuss progress toward improvement of performance. Additional follow-up conferences shall be conducted until the performance of the employee improves to a satisfactory level or a decision is made to terminate the employment under §1212.

1211.4 If an employee's performance during the probationary period becomes or remains seriously deficient or unsatisfactory, the supervisor may hold a performance review conference at any time, and may schedule a follow-up conference at any time after an additional evaluation period of at least fifteen (15) working days. If the performance remains seriously deficient, the supervisor may decide to terminate the employment under §1212.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1212 UNSATISFACTORY PERFORMANCE DURING PROBATIONARY PERIOD

1212.1 If an employee fails to perform satisfactorily during the initial probationary period, and the employee's performance does not improve after at least one (1) performance review conference and follow-up conference, the employment may be terminated.

1212.2 If an employee fails to perform satisfactorily in a new position obtained as the result of a promotion or transfer, and the employee has satisfactorily completed a probationary period in any prior position at the School of Law, the employee shall be entitled to return to a suitable and available position equivalent to his or her prior position. If no suitable position is vacant, the employment may be terminated.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1213 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1214 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1215 STANDARD WORK WEEK

1215.1 The standard work week for non-faculty employees of the School of Law shall be not more than forty (40) hours per week or five (5) days per week, excluding a duty-free lunch period of not less than thirty (30) minutes each working day.

1215.2 The Dean shall have authority to use innovative scheduling strategies and may approve flexible schedules which permit varied arrival and departure times.

1215.3 The Dean may approve flexible scheduling for individual employees or groups of employees, as the Dean deems necessary or appropriate.

1215.4 Different hours of duty may be assigned to any employee or group of employees in order to accommodate the functional and operational requirements of the School of Law or the educational needs of the individual or group.

1215.5 Modification of regular duty hours for reasons other than operational effectiveness or educational development shall be subject to review and approval by the Dean.

1215.6 No supervisor shall be authorized to require or grant overtime unless funds for payment of overtime are available and the use of overtime has been approved in advance by the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1216 OFFICIAL HOLIDAYS

1216.1 The School of Law shall observe the official District of Columbia public holidays set forth in D.C. Code, §1-613.2.

1216.2 In accordance with D.C. Code, §1-613.2(f), the Board of Governors may designate up to three (3) additional holidays to honor persons or events germane to academic interests.

1216.3 All official government holidays and other holidays designated by the Board shall be set forth in the official academic calendar adopted annually by the Board of Governors.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1217 INCLEMENT WEATHER

1217.1 The School of Law shall conduct business as usual on every scheduled day, unless the Dean or a designee determines that a complete or partial cancellation or modification of classes and other activities is warranted due to extraordinary circumstances of inclement weather.

1217.2 If the School of Law is closed, or if any other schedule change or cancellation is effected due to inclement weather, the Dean or a designee shall arrange for an appropriate announcement to be made through one (1) or more predesignated radio stations or other news media.

1217.3 Unless the Dean or a designee officially declares a closing or other cancellation in accordance with this section, employees unable to report for duty due to inclement weather may be charged with vacation leave.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1218 TEACHING BY EXECUTIVE AND CAREER SERVICE EMPLOYEES

1218.1 Qualified Executive Service appointees with or without faculty rank may teach during or after normal duty hours without pay. Teaching during duty hours shall be subject to approval by the Dean.

1218.2 Administrative employees in the Career Service may teach during and after regular tour of duty hours without additional pay. Teaching during duty hours shall be subject to approval by the Dean.

1218.3 Prior to approving a teaching assignment for an employee without faculty rank, the Dean shall ensure that the employee meets all of the requirements for an Instructor of Law under §1416 of this title.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1219 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1220 PROFESSIONAL DEVELOPMENT AND TRAINING

1220.1 Recognizing that professional development and training are essential to effective employee performance, the School of Law shall provide, within the resources available, opportunities for full-time employees to do the following:

(a) Participate in training and development programs, both on and off-campus;

(b) Attend schools, colleges, and universities;

(d) Participate in work-oriented or related professional and technical associations.

1220.2 All full-time employees of the School of Law shall be eligible to participate in professional development programs, educational courses, and other activities that are directly related to their job assignments.

1220.3 Training needed by employees shall be provided, within the resources available, for the following purposes:

(a) To provide skills needed for performance of new work assignments;

(b) To improve present performance;

(d) To develop unavailable skills.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1221 TUITION ASSISTANCE

1221.1 Tuition assistance shall be provided to eligible full-time employees in the form of reimbursement for tuition paid for approved courses at educational institutions other than the School of Law, within budget limits set by the Board and in accordance with guidelines established by the Dean.

1221.2 To qualify for tuition assistance an employee shall be required to have completed at least one (1) year of continuous employment with the School of Law.

1221.3 Employees receiving payment for courses under the G.I. Bill of Rights or other scholarships, grants, or funds shall not be reimbursed for courses taken.

1221.4 An eligible employee may receive a tuition reimbursement, not to exceed the cost of one (1) three credit hour course for each term of enrollment.

1221.5 Actual payment shall not be authorized until evidence of satisfactory completion of the course with a grade of "pass," "C," or better.

1221.6 An employee shall be required to remain employed by the School of Law through completion of the course to qualify for reimbursement, and, in addition, the employee shall agree in writing to continue to work at the School of Law after completion of the training course for a period of time at least equal to the length of the training period, unless involuntarily separated from employment.

1221.7 If the employee voluntarily leaves employment before the end of the period for which the employee had agreed to serve under §1221.6, the employee shall pay to the School of Law the amount of reimbursement received for the cost of the training.

1221.8 If an employee fails to repay the amount of reimbursement received for the cost of training, as required in §1221.7, a sum equal to the amount of reimbursement not repaid shall be recoverable by the School of Law from the employee through deductions from unpaid salary or other payments due to the employee from the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1222 REMITTED TUITION

1222.1 The School of Law shall allow full remission of tuition to full-time employees and members of their immediate families who wish to enroll in courses at the School of Law.

1222.2 An applicant for remission of tuition under this section shall be required to meet all requirements for admission to the School of Law and other academic requirements.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1223 RELEASED TIME

1223.1 Full-time permanent status employees may be permitted released time during normal duty hours to take one (1) course per semester for credit or audit.

1223.2 The time away from work shall not exceed eight (8) hours per week.

1223.3 Absences under this program shall not be charged to leave and do not have to be made up by the employee.

1223.4 All released time shall be approved in advance by the Dean.

1223.5 The Dean shall ensure that approval of released time under this section does not interfere with the workload requirements of the School of Law, which shall have priority, or require the hiring of additional personnel.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1224 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1225 INCENTIVE AWARDS

1225.1 The Board of Governor's Incentive Awards Program shall be established to provide monetary or honorary awards to individual employees or to groups of employees whose suggestions, ideas, accomplishments, length of service, sustained outstanding performance, or other meritorious efforts have contributed to the efficiency, economy, or otherwise improve the operation or effectiveness of the School of Law.

1225.2 The Incentive Awards Program shall be a special program to recognize and award quality performance above and beyond normal expectations and performance.

1225.3 To the extent that funds are allocated by the Board for this purpose, cash awards may be provided. No individual or group cash award shall exceed five thousand dollars ($5,000).

1225.4 The Dean shall establish a procedure for the consideration and grant of incentive awards.

1225.5 The Dean may approve all monetary incentive awards up to five hundred dollars ($500). Monetary awards over five hundred dollars ($500) shall be subject to prior approval by the Board of Governors, upon the recommendation of the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1226 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1227 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1228 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1229 RESERVED

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1230 PERSONNEL RECORDS MANAGEMENT AND PRIVACY OF RECORDS

1230.1 The Dean shall ensure that all official personnel records of the School of Law are established, maintained, and disposed of in a manner designed to ensure the greatest degree of privacy to an employee or an applicant for employment, while providing adequate, necessary, and complete information for the Board and administration of the School of Law to carry out their functions.

1230.2 Official personnel records shall be established, maintained, and disposed of in accordance with procedures issued by the Dean or the Dean's designee.

1230.3 The individual personnel folder established for each employee shall be the official repository of the personnel actions and other related documents effected during an employee's service with the School of Law.

1230.4 Personnel actions and other documents shall be filed as permanent records in the individual personnel folder to give legal force and effect to personnel transactions and establish an employee's rights and benefits under the applicable laws and regulations governing employment.

1230.5 The Dean, or the Dean's designee, is authorized to make personnel information in his or her possession or under his or her control available to appropriate personnel and law enforcement authorities, upon request, unless disclosure would constitute an unwarranted invasion of personal privacy or is prohibited under District or federal law or rules and regulations issued pursuant to law.

1230.6 Whenever an employee moves from the School of Law to another District government agency, the employee's official personnel folder shall be promptly sent to the employing agency, after an appointment personnel action is received from the new employing agency.

1230.7 Employees may appeal to the Office of Employee Appeals any decision rendered by the Dean or the Dean's designee under the authority of this section and §1231.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A DCMR § 1231 EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS

1231.1 The official personnel records of an employee shall be disclosed to the employee or any representative of the employee's choice.

1231.2 All disclosures shall be made in the presence of a representative of the School of Law appointed by the Dean or the Dean's designee.

1231.3 An employee shall have the right to present information immediately germane to any information contained in his or her official personnel folder, and shall have the right to have irrelevant, immaterial, or untimely information removed from the record.

1231.4 For purposes of §1231.3, information other than a record of official personnel action shall be deemed "untimely" if it concerns an event more than three (3) years in the past upon which an action adverse to the employee might be based.

1231.5 When the Dean or the Dean's designee finds that an official record contains immaterial, irrelevant, or untimely information, that information shall be removed from the official record.

1231.6 Materials shall be placed in an employee's official personnel folder only at the request of the employee, at the request of the employee's supervisor, or by the Dean or the Dean's designee.

1231.7 The following information, which may be contained in an official personnel folder, shall not be disclosed to any employee:

(a) Information that has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed, except as provided in §1231.8;

(b) Medical information that, in the judgment of the employee's physician, would be injurious to the health of the employee, if disclosed;

(d) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded under the Comprehensive Merit Personnel Act or the rules of the School of Law; or

(e) Test and examination materials that may continue to be used for selection and promotion purposes; Provided, that the description of test and general results shall be disclosed.

1231.8 Information received in confidence under §1231.7(a) may be disclosed if all material identifying the source of the information is deleted in a manner which positively precludes disclosure of the identity of the source of the information.

History

SOURCE: Final Rulemaking published at 35 DCR 5810 (July 29, 1988).

8-A14 FACULTY APPOINTMENT AND SERVICE

8-A DCMR § 1400 FACULTY PERSONNEL POLICIES

1400.1 The provisions of this chapter shall apply to faculty employees in the Educational Service at the School of Law.

1400.2 Faculty employees shall be responsible for teaching, law clinics and clinical programs, research, and public service activities essential to the mission of the School of Law.

1400.3 With respect to faculty employees, if a provision of this chapter conflicts with any other provision of this title, the provision of this chapter shall apply.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1401 ACADEMIC FREEDOM

1401.1 The School of Law shall abide by principles of academic freedom for faculty in teaching and other programs which are fundamental to the protection of the rights of the teacher in transmitting ideas, and to the student in learning, as well as to the advancement of justice and the mission of the School of Law.

1401.2 The School of Law endorses and shall conform to the American Bar Association Principles of Academic Freedom and Tenure.

1401.3 The rights attendent to academic freedom shall include, but are not limited to, the following:

(a) Free inquiry;

(b) Free expression;

(d) Freedom to speak and to write as a citizen without institutional censorship or discipline;

(e) Freedom to seek change of the policies of the School of Law by appropriate means and through appropriate channels provided within the School of Law; and

(f) Freedom from constraints imposed by arbitrary and capricious behavior on the part of the administrators and others in the exercise of their duties.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1402 FACULTY RESPONSIBILITIES

1402.1 Because the faculty has a special position in the community, and because the public judges the legal profession and the faculty of the School of Law by the acts of its members, the rights and freedoms set forth in §1401 require that the primary professional responsibility of each faculty member shall be to the School of Law.

1402.2 Each faculty member shall seek to maintain a professional atmosphere in which violations of academic freedom are unlikely to occur.

1402.3 The faculty as a whole shall assume the role of guardian of academic values against unjustified assault from others.

1402.4 Each faculty member shall be expected to do the following:

(a) Recognize that the District of Columbia School of Law is an urban law school with a strong commitment to maintaining the highest standards of legal education and preparation for the practice of law through an integrated program of academic and clinical legal education;

(b) Recognize that the mission of the School of Law includes a mandate to operate clinical programs which address the needs of low income persons, particularly residents of the District of Columbia;

(c) Recognize that the mission of the School of Law mandates the recruitment and admission of students from racial, ethnic, and other population groups that have been underrepresented among persons admitted to the bar;

(d) Adhere to the educational mission and academic policies of the School of Law;

(e) Remain current in his or her academic discipline, and instruct assigned courses in a manner consistent with the scheduled time, course content, and course credit approved by the School of Law;

(f) Complete all other teaching, academic, and clinical assignments undertaken or which are part of the faculty member's duties, in a responsible, professional, ethical, and timely manner;

(g) Recognize the academic freedom of students and avoid the coercion of belief; and

(h) Treat fairly, courteously, and professionally all colleagues, students, clinical program clients, and other members of the bar, the judiciary, and the community.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1403 FACULTY DUTIES AND TEACHING ASSIGNMENTS

1403.1 Faculty members shall be deemed to be on duty for the academic year contract, excluding approved recesses and holidays.

1403.2 Class schedules shall be developed and approved by the Dean after consultation with affected faculty members in order to ensure a reasonable schedule.

1403.3 In the absence of consent, assignments shall not be made that require class meetings at any of the following times:

(a) Beyond an eight (8) hour time span in a single day;

(b) Within a twelve (12) hour span in two (2) consecutive days; or

1403.4 Notwithstanding the provisions of §1403.3, a faculty member teaching and supervising a clinical program shall be expected to meet the time commitments required to provide professional and supervisory services to the particular program based on the nature and requirements of the clinical program and the needs of the students and clients involved in the program.

1403.5 To the extent that a member of the faculty is teaching only regularly scheduled class sessions over fixed periods of time, the faculty member shall not teach more than the following class hours:

(a) An average of eight (8) scheduled class hours per week, counting repetitions during the same academic period as one-half (1/2); or

(b) An average of ten (10) scheduled class hours per week, counting repetitions during the same academic period at full value.

1403.6 To the extent that a faculty member's teaching assignment is not limited to regularly scheduled class sessions over fixed periods of time, the faculty member's total teaching responsibilities shall not exceed a maximum comparable to the limitations set forth in §1403.5.

1403.7 If the activities of a full-time faculty member as part of his or her responsibilities at the School of Law include extensive participation in academic community business, research, or public service, the maximum classroom assignments allowed under this section shall be adjusted accordingly.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1404 RESERVED

8-A DCMR § 1405 OUTSIDE BUSINESS AND PROFESSIONAL ACTIVITIES

1405.1 The School of Law shall encourage faculty members in their outside professional pursuits to the extent that those pursuits enhance the mission of the School of Law. However, a faculty member's primary obligation shall be to the School of Law and his or her professional responsibilities as a member of the faculty.

1405.2 A faculty member shall not engage in outside business or professional activities which conflict with the faculty member's classes, faculty committee work, clinical teaching and supervision, or assignments and responsibilities as a faculty member of the School of Law.

1405.3 A faculty member shall report all outside business and professional activities to the Dean. Regular part-time contractual arrangements shall be subject to review and approval by the Dean.

1405.4 Unless specific prior approval is obtained, outside business and professional activities for a full-time faculty member shall be limited to those which relate to major academic interests, enrich the faculty member's capacity as a scholar and teacher, or are of service to the public generally.

1405.5 A faculty member shall not do either of the following:

(a) Use the facilities of the School of Law or utilize, without reimbursing the School of Law, any expendable resources (such as computer services, printing, or stationery) in the accomplishment of outside business or professional activities; or

(b) Be compensated as a direct result of work completed by students in the satisfaction of course requirements.

1405.6 For the purposes of this section, the phrase "outside business and professional activities" shall include, but is not limited to, the practice of law or the provision of professional advice or services, including activities as a sole practitioner.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1406 FACULTY RESEARCH

1406.1 Because continuous study and research are necessary complements to excellence in teaching and the preparation of students to become members of the bar, the School of Law shall encourage research and scholarship.

1406.2 In order to ensure the preservation and dissemination of knowledge, the School of Law shall encourage the publication and use of the results of research in a manner that will advance and protect the public interest and public welfare.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1407 GOVERNANCE OF THE SCHOOL OF LAW

1407.1 Members of the faculty shall be expected to participate in the governance of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1408 RESERVED

8-A DCMR § 1409 RESERVED

8-A DCMR § 1410 APPOINTMENT OF FACULTY MEMBERS

1410.1 The Dean shall make each appointment to the faculty in consultation with the appropriate committee or members of the faculty.

1410.2 Recommendations for faculty appointments may be initiated by any member of the faculty or a committee of the faculty.

1410.3 Each person appointed to the faculty shall have demonstrated a high degree of competence in his or her field or specialty of law and in the areas of teaching or practice of law relevant to the position to which he or she is appointed.

1410.4 Appointments shall be consistent with the standards and criteria set forth in this chapter for promotion, rank, and tenure of the faculty members.

1410.5 A person recommended for appointment to the faculty shall have the educational background and the professional experience needed for the position.

1410.6 Criteria for appointment shall be based on the following:

(a) Earned degrees from accredited institutions appropriate to the teaching of law or clinical practice; experience in teaching and the practice of law; scholarly research and writing; and other professional achievements, credentials, and experience relevant to the mission of the School of Law;

(b) Classroom teaching ability;

(c) Where appropriate to the position for which the person is being considered, competence and experience related to the conduct and supervision of clinical programs; and

(d) Potential for scholarship, professional growth, and standing.

1410.7 The criteria for appointment set forth in this section shall be applied with increasing stringency at each higher faculty rank.

1410.8 The terms and conditions of appointment shall be specified in a letter of appointment signed by the Dean and the appointee.

1410.9 A regular full-time appointment may be made up to two (2) years before the effective date of service specified in the appointment.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1411 TYPES OF APPOINTMENTS

1411.1 There shall be three (3) basic types of appointments, as follows:

(a) Regular full-time appointments;

(b) Regular part-time appointments; and

1411.2 Special appointments shall include the following:

(a) Professor of Law Emeritus;

(b) Distinguished Professor of Law; and

1411.3 Regular appointments shall include the following ranks:

(a) Professor of Law;

(b) Associate Professor of Law;

(d) Instructor of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1412 SPECIAL APPOINTMENTS

1412.1 The title "Professor of Law Emeritus" may be awarded by the Board to a retired professor who has rendered distinguished service.

1412.2 Professors emeriti shall be entitled to use the facilities of the School of Law and shall be included in published faculty listings.

1412.3 Professors emeriti may perform occasional services in keeping with their desires and capabilities and with the needs of the School of Law.

1412.4 A candidate for appointment to the rank of Distinguished Professor of Law shall be required to meet all of the requirements for the rank of Professor of Law. In addition, the candidate shall have achieved outstanding professional distinction in an area of legal research, professional accomplishments, teaching service in legal education, or public service.

1412.5 When appropriate, the title of "Distinguished Visiting Professor of Law" may be used instead of Distinguished Professor of Law.

1412.6 All appointments to the rank of Distinguished Professor of Law shall be approved by the Board.

1412.7 The title "Visiting" may be affixed to any of the regular academic ranks when appointing a person to a limited appointment at the School of Law.

1412.8 The title "Adjunct" may be affixed to any of the regular academic ranks when appointing a person to provide limited service in special areas as needed. The academic rank of the appointee shall be based on qualifications.

1412.9 Adjunct appointments shall not be entitled to the benefits of the regular full-time faculty.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1413 APPOINTMENTS: PROFESSOR OF LAW

1413.1 A candidate for appointment to the rank of Professor of Law shall be required to meet the following qualifications:

(a) An earned Juris Doctor degree and be a member in good standing of the bar of the District of Columbia or other state;

(b) Demonstrated superior teaching competence and significant and substantial contribution to scholarship in the field;

(d) At least eight (8) years of full-time teaching experience in an accredited law school, including five (5) years as an Associate Professor of Law.

1413.2 The Dean may recognize and allow the substitution of appropriate professional experience and achievement when formal academic teaching experience is less than that required under §1413.1(d). If formal teaching experience is limited or absent, the candidate shall be required to demonstrate potential for effective teaching.

1413.3 An initial appointment to the rank of Professor of Law shall be for a period of three (3) to five (5) academic years.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1414 APPOINTMENTS: ASSOCIATE PROFESSOR OF LAW

1414.1 A candidate for appointment to the rank of Associate Professor of Law shall be required to meet the following qualifications:

(a) An earned Juris Doctor degree and be a member in good standing of the bar of the District of Columbia or other state;

(b) Demonstrated teaching competence and a record of scholarship and professional growth;

(d) At least five (5) years of full-time teaching experience in an accredited law school, including three (3) years as an Assistant Professor of Law.

1414.2 The Dean may recognize and allow the substitution of appropriate professional experience and achievement when formal academic teaching experience is less than that required under §1414.1(d). If formal teaching experience is limited or absent, the candidate shall be required to demonstrate potential for effective teaching.

1414.3 Initial appointments to the rank of Associate Professor of Law shall be for a period of not more than three (3) years.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1415 APPOINTMENTS: ASSISTANT PROFESSOR OF LAW

1415.1 A candidate for appointment to the rank of Assistant Professor of Law shall be required to meet the following qualifications:

(a) An earned Juris Doctor degree and be a member in good standing of the bar of the District of Columbia or other state;

(b) Demonstrated teaching and professional competence; and

(c) At least three (3) years of full-time teaching experience or supervision of clinical legal programs, including two (2) years in an accredited law school.

1415.2 The Dean may recognize and allow the substitution of appropriate professional experience and achievement when formal academic teaching experience is less than that required under §1415.1(c). If formal teaching experience is limited or absent, the candidate shall be required to demonstrate potential for effective teaching.

1415.3 The initial appointment to the rank of Assistant Professor of Law shall be for a period of not more than two (2) academic years.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1416 APPOINTMENTS: INSTRUCTOR OF LAW

1416.1 A candidate for appointment to the rank of Instructor of Law shall be required to possess a Juris Doctor degree and be a member in good standing of the bar of the District of Columbia or other state.

1416.2 The Dean shall require each candidate to provide evidence of teaching experience or demonstrate potential for effective teaching.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1417 PART-TIME FACULTY APPOINTMENTS

1417.1 Contracts for persons employed for a teaching assignment of no more than six (6) semester hours or the equivalent shall be made on a semester basis.

1417.2 Part-time appointments may be made at all regular academic ranks.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1418 LAW LIBRARIAN

1418.1 In addition to meeting the other requirements for the faculty rank held, the Law Librarian shall have earned a degree in library science and shall have knowledge and experience in the administration of a law library.

1418.2 Because the duties and responsibilities of the Law Librarian differ from those of classroom faculty in substantial ways, the official duty hours and employment obligation of the Law Librarian and any other members of the staff of the law library with faculty status may differ from those of other members of the faculty, as determined by the Dean The Law Librarian may also teach law classes.

1418.3 The primary duties of the Law Librarian shall be the development and maintenance of the law library and the furnishing of law library assistance to faculty and students.

1418.4 The Law Librarian shall have faculty status and shall be entitled to all of the privileges and responsibilities of other members of the faculty of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1419 RESERVED

8-A DCMR § 1420 RECRUITMENT AND HIRING OF FACULTY

1420.1 The Dean shall be responsible for recruitment and hiring of faculty.

1420.2 The Dean shall appoint a committee of faculty members to assist in the recruitment and hiring of faculty, including the following activities:

(a) Contacting prospective faculty members;

(b) Reviewing credentials;

(d) Making recommendations to the Dean for filling positions on the faculty.

1420.3 Notice of new positions and vacancies shall be publicized adequately by the Dean within and outside the School of Law.

1420.4 The Dean shall review the credentials of each candidate and the recommendations of the faculty committee, if any, and may interview any or all candidates before making a decision on the appointment.

1420.5 If the Dean disagrees with the committee recommendation, the Dean shall give reasons for the rejections to the faculty committee. The committee may recommend another candidate or it may provide to the Dean additional justification and information in support of the original candidate.

1420.6 The final decision on each appointment to the faculty shall be made by the Dean after consideration of the recommendations of the faculty committee, including additional material or alternative candidates recommended by the committee.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1421 SUMMER APPOINTMENTS

1421.1 Summer faculty employment shall be optional with each faculty member.

1421.2 The Dean shall make summer faculty appointments. Full-time members of the faculty shall be given first priority for summer employment.

1421.3 Each regular faculty member to be employed for the summer session shall receive a written contract no later than May 1st.

1421.4 Ordinarily, a full-time summer appointment shall be equivalent to one-half (1/2) of the workload of one (1) academic semester.

1421.5 A separate written contract or amended written contract shall be provided for any additional credit hours or work-load within or beyond the period of time contracted.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1422 FACULTY WITH ADMINISTRATIVE APPOINTMENTS

1422.1 A faculty member who serves in an administrative position shall be subject to the terms and conditions of employment applicable to the administrative position.

1422.2 The Dean shall designate those positions held by persons with faculty rank which are administrative positions.

1422.3 When a faculty member accepts an appointment to an administrative position, he or she shall be placed on the appropriate pay schedule and compensated according to the classification of the administrative position.

1422.4 When special circumstances exist, the Dean may approve an exception to the provisions of §1422.3 for temporary appointments not to exceed one (1) year.

1422.5 A faculty member serving in an administrative position who has tenure may return to his or her faculty position upon resignation from the administrative position or termination of the appointment to the administrative position as a result of abolishment of the position or removal without cause.

1422.6 A faculty member who does not have tenure shall not have the right to a faculty position when leaving an administrative position unless that right is specified in writing at the time of appointment.

1422.7 If the removal of a faculty member from an administrative appointment is for cause, the right to return to a faculty position shall be subject to the terms specified in the adverse action notice.

History

SOURCE: Final Rulemaking published at 35 DCR 4290 (June 10, 1988).

8-A DCMR § 1423 FACULTY PROMOTION

1423.1 The promotion of members of the faculty shall be accomplished through the appointment process, in accordance with the provisions of this chapter. The appointment of a faculty member by the Dean at a higher rank than the faculty member currently holds shall be deemed to be a promotion.

1423.2 The Dean shall request a recommendation from the faculty for each faculty member who is eligible for promotion.

1423.3 The faculty shall adopt written procedures for the evaluation of faculty members who are candidates for promotion. The procedures for evaluation shall be subject to approval by the Dean.

History

SOURCE: Final Rulemaking published at 37 DCR 1282 (February 16, 1990).

8-A DCMR § 1424 FACULTY TENURE

1424.1 The faculty shall adopt written criteria for determining whether to award tenure to a member of the faculty. The criteria shall conform to the American Bar Association Principles on Academic Freedom and Tenure. The criteria shall be subject to approval by the Dean.

1424.2 The faculty shall adopt written procedures for the evaluation of faculty members eligible for tenure. The procedures for evaluation shall be subject to approval by the Dean.

1424.3 The faculty shall evaluate each faculty member who is eligible for tenure, in accordance with the criteria and procedures approved under this section, and shall forward the faculty recommendation to the Dean.

1424.4 Promotion of tenured faculty members shall be in accordance with the provisions of §1423 of this chapter.

History

SOURCE: Final Rulemaking published at 37 DCR 1282 (February 16, 1990).

8-A16 GRIEVANCE PROCEDURES

8-A DCMR § 1600 GENERAL PROVISIONS

1600.1 It shall be the responsibility of all employees of the School of Law to seek the resolution of conflict, the prompt and equitable relief of personal concerns, and the redress of grievances in a fair and objective manner.

1600.2 The submission of a grievance in good faith by an employee shall not be considered an act of disloyalty or insubordination.

1600.3 The submission of grievance by an employee, in and of itself, shall not be considered a reflection upon the employee's supervisor, the administration of the School of Law, or the Board of Governors.

1600.4 All time limits set forth in this chapter may be extended by mutual consent of the employee and the supervisor or other official with whom the grievance is filed. Unless the time limits are extended, they shall be strictly observed by the parties.

1600.5 The decision of the supervisor or other official shall be final unless reversed, in whole or in part, in any stage of the grievance procedure.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1601 RIGHTS OF EMPLOYEES

1601.1 An employee who submits or seeks to submit a grievance in accordance with this chapter shall not be impeded or discouraged, nor shall the employee be subjected to any restraint, interference, discrimination, coercion, or reprisal in connection with a grievance.

1601.2 In addition to the right of self-representation, an employee shall have the right to have any person, including legal counsel, represent or accompany the employee at any stage of the for al grievance process, as set forth in §§1607 and 1608.

1601.3 If legal counsel is obtained by an employee, that representation shall be at the expense of the employee.

1601.4 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of the employee's personnel file.

1601.5 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of any file, record, or material that is utilized in any promotion or evaluation process.

1601.6 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of or used in connection with any application or recommendation for employment or job placement.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1602 CONFERENCES AND HEARINGS

1602.1 Conferences and hearings held pursuant to the grievance procedures set forth in this chapter shall be closed to the public unless all parties to the grievance agree to hold an open session.

1602.2 Each conference or hearing held pursuant to this chapter shall be scheduled at a time and place that will afford all parties entitled to be present, including witnesses, a fair and reasonable opportunity to attend.

1602.3 When any conference or hearing held pursuant to this chapter is scheduled during working hours, all employees who are entitled to be present at the conference or hearing shall be excused with pay for that purpose.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1603 APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES

1603.1 The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee's own conditions of employment if the matter is within the control of the Board of Governors or the Dean of the School of Law and the Dean's subordinates, except as provided otherwise by this section.

1603.2 The grievance procedures set forth in this chapter shall apply to all employees of the School of Law, except employees within recognized bargaining units (labor organizations) with which a negotiated agreement on grievance procedures has been ratified and is in force at the time the grievance is filed.

1603.3 Notwithstanding the provisions of §1603.2, if a negotiated grievance procedure does not cover a grievance that is covered by this chapter, an employee may use the grievance procedures set forth in this chapter.

1603.4 The grievance procedures set forth in this chapter shall not apply to any adverse action, as defined in chapter 17.

1603.5 The grievance procedures set forth in this chapter shall not apply to grievances that arise out of any of the following:

(a) Any matter for which a separate and distinct appeal procedure is provided by the rules of the School of Law or the laws of the District of Columbia;

(b) Any matter that is subject to administrative appeal to and final determination by any official or agency outside of the School of Law, including any agency or official of the federal government;

(c) The content of any policy of the Board of Governors or the rules of the School of Law; however, this exception shall not preclude grievances that arise out of the application of those policies or the provisions of these rules;

(d) Nonselection for promotion or appointment to any position from a group of duly ranked and certified eligible candidates;

(e) The application or interpretation of the provisions of a duly negotiated and ratified collective bargaining agreement;

(f) Any action rescinding a temporary promotion or assignment, if that action meets both of the following requirements:

(1) The action is taken within two (2) years of the effective date of the temporary promotion or assignment; and

(2) The action either returns the employee to the position held prior to the temporary assignment or promotion, or returns the employee to a different position which is not at a lower grade or level than the position held prior to the temporary assignment or promotion.

(g) The failure of a supervisor, the administration of the School of Law, or the Board of Governors to adopt or enact a suggestion or proposal submitted by an employee; or

(h) The failure of an employee to receive a merit step increase, performance award, or any other honorary or discretionary award or recognition.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1604 WITHDRAWAL, TERMINATION, AND FORFEITURE OF GRIEVANCES

1604.1 A grievance filed pursuant to this chapter may be withdrawn at any time at the request of the employee or the employee's representative.

1604.2 A grievance shall be deemed to have been withdrawn if the relief sought by the employee has been provided.

1604.3 The termination of an employee's employment with the School of Law shall automatically terminate any pending grievance, unless the relief sought by the employee through these grievance procedures can be granted to the employee after the termination of employment.

1604.4 The death of an employee shall automatically terminate any pending grievance, unless the grievance involves a conflict over back pay which is alleged to be due and owing to the employee at the time of death.

1604.5 An employee whose grievance is covered by this chapter shall forfeit the right to file or pursue the grievance if the employee fails to follow the procedures set forth in this chapter, except as provided otherwise by this section.

1604.6 An employee who fails to follow the proper procedures for filing a grievance shall not forfeit the right to file a grievance if the employee was not informed of the proper grievance procedures. The employee shall have ten (10) working days after being informed of the proper procedures to file the grievance in a proper manner.

1604.7 An employee who has been misinformed as to the applicability of these procedures by the employee's supervisor, or other official who is responsible for providing information on the applicability of these procedures, shall not forfeit the right to file a grievance. The employee shall have ten (10) working days after being informed of the proper applicability of these procedures to file the grievance in a proper manner.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1605 INFORMAL SETTLEMENT OF GRIEVANCES

1605.1 All grievances shall be raised initially at the level where the conflict or situation giving rise to the grievance occurred.

1605.2 An employee must exhaust the informal grievance settlement procedures set forth in this section and §1606 before filing a formal grievance.

1605.3 Informal grievance settlement procedures must be initiated by the employee within ten (10) working days of the time at which the grievance arose.

1605.4 An employee shall initiate informal grievance settlement procedures by presenting the grievance to the employee's immediate supervisor, either orally or in writing.

1605.5 If the grievance has arisen from the action of the Dean, Associate Dean, or an official other than the employee's immediate supervisor, the employee shall be referred to the appropriate official by the immediate supervisor to whom the grievance is initially presented.

1605.6 An employee referred to another official by his or her supervisor under §1605.5 shall present the grievance, either orally or in writing, to the official to whom the employee has been referred.

1605.7 The time limit for filing the grievance, set forth in §1605.3, shall be deemed to have been met by the filing of the grievance with the immediate supervisor, regardless of any subsequent referral and presentation of the appropriate official.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1606 INFORMAL GRIEVANCE SETTLEMENT CONFERENCE

1606.1 Within three (3) working days of the presentation of the grievance, either initially or pursuant to a referral, the supervisor or other official to whom the grievance has been presented shall hold an informal conference with the employee in an effort to resolve the grievance expeditiously.

1606.2 Within three (3) working days after the informal conference is held, the supervisor or other official shall give an oral answer to the employee on the grievance.

1606.3 If an employee does not receive an answer to the grievance within three (3) days of the informal conference, the employee shall have the right to file a formal grievance immediately.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A DCMR § 1607 FORMAL GRIEVANCE PROCEDURE: STEP 4 – FINAL APPEAL TO THE PRESIDENT

1607.1 Within ten (10) days of the Step 3 decision or the expiration of the required period for a decision to be made, the grievant may appeal the action to the President.

1607.2 The appeal must be in writing with all documentation from the previous appeals attached, and enough details to clearly identify the basis for the appeal, and the relief sought by the employee. No new allegations may be added to the Step 4 grievance.

1607.3 The President shall review the grievance materials, and advise the employee in writing of his or her decision within ten (10) days from receipt of the Step 3 appeal, or advise the employee of the need for additional information, in which case, the President shall advise the employee of the date by which a final decision will be issued.

1607.4 The decision of the President shall be final.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988); as amended by 35 DCR 7771 (October 1988); as amended by Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1607

8-A DCMR § 1608 FORMAL GRIEVANCE PROCEDURES: STEP 2

1608.1 Except as provided otherwise in §1607.9, if the STEP 1 grievance process does not resolve the grievance to the satisfaction of the employee, the employee may follow the STEP 2 grievance procedures set forth in this section.

1608.2 An employee shall initiate the STEP 2 grievance procedures by filing the following materials with the Dean:

(a) A copy of the Statement of Grievance filed in the STEP 1 process;

(b) A copy of the written answer received in reply to the STEP 1 grievance, if any; and

(c) A written statement explaining whether the grievance is totally unresolved or partially resolved and, if partially resolved, what further relief or solution to the grievance is sought by the employee.

1608.3 An employee must file the STEP 2 grievance within five (5) working days of the receipt of the written answer to the STEP 1 grievance, or within five (5) working days of the date when the written answer should have been received.

1608.4 The Dean shall hold a STEP 2 conference with the employee and other persons involved in the STEP 1 process, including the employee's representative, if any.

1608.5 The STEP 2 conference shall be held within ten (10) working days of the receipt of the STEP 2 grievance.

1608.6 The Dean shall give to the employee a written answer to the grievance within ten (10) working days of the conference.

1608.7 The written decision of the Dean shall be the final decision of the School of Law on the grievance.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988).

8-A17 ADVERSE ACTIONS

8-A DCMR § 1700 GENERAL PROVISIONS

1700.1 The following adverse actions shall be subject to the rules and procedures set forth in this chapter:

(a) Dismissal;

(b) Suspension without pay; and

1700.2 The provisions of §§1701 through 1709 shall not apply to any of the following personnel actions:

(a) The termination of a temporary or probationary appointment;

(b) The termination of a term appointment upon expiration of the stated term of appointment;

(c) The change to a lower grade or position of an employee who had been temporarily promoted, when the employee is returned to the grade or position held prior to the temporary promotion or is appointed to an intermediate grade or position;

(d) Mandatory retirement;

(e) Reduction-in-force;

(f) Furlough without pay due to unforeseeable circumstances, acts of God, the expiration or exhaustion of budget authority, or an emergency requiring immediate curtailment of activities; and

(g) Reassignment or transfer; Provided, that a reassignment or transfer shall not be effected for disciplinary purposes, but shall be effected only for the good of the School of Law.

1700.3 The provisions of §§1700 and 1701 shall apply to all employees of the School of Law.

1700.4 The provisions of §§1702 through 1709 shall apply to all employees of the School of Law except employees within recognized bargaining units with which an agreement on adverse action procedures has been ratified and is in effect at the time the adverse action is taken.

1700.5 The Dean or the Dean's designee may effect the dismissal, suspension, or demotion for cause of any employee under his or her authority. Each delegation by the Dean of authority to effect adverse actions shall be in writing.

1700.6 The Dean or the Dean's designee shall effect adverse actions against employees in recognized bargaining units with agreements in force in accordance with the procedures set forth in the applicable agreement.

1700.7 In accordance with D.C. Code, §1-617.1(e), the procedural provisions of this chapter shall also apply to an employee who is reduced in grade or pay as a result of a classification action affecting the employee's position.

1700.8 The Dean shall inform the Board of Governors of the following:

(a) All adverse actions of dismissal, demotion for cause, and suspension for more than thirty (30) days; and

(b) The results of any appeals taken from the adverse actions listed in paragraph (a) of this subsection.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1701 GROUNDS FOR ADVERSE ACTION

1701.1 Adverse action shall be taken only to promote the efficiency and discipline of the School of Law and shall not be taken for reasons that are arbitrary or capricious.

1701.2 Just cause for adverse action shall be any of the causes set forth in the provisions of D.C. Code, §1-617.2(d).

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1702 NOTICE OF ADVERSE ACTION

1702.1 An employee who is the subject of an adverse action shall be given written notice of the ground(s) on which the adverse action is based.

1702.2 Each notice shall contain the reasons and basis for the ground(s) of the adverse action in sufficient detail to reasonably inform the employee of the specific grounds and reasons for the adverse action.

1702.3 Notice of dismissal, demotion for cause, or suspension for more than thirty (30) days shall be received by the employee not less than ten (10) days prior to the effective date of the adverse action.

1702.4 Notice of suspension of thirty (30) days or less shall be received by the employee within a reasonable time before the effective date of the suspension in order to allow the employee time to reply to the action. In no event shall an employee be given less than twenty-four (24) hours notice of a suspension under this subsection.

1702.5 Notice of adverse action shall contain at least the following:

(a) The type of adverse action;

(b) The effective date of the adverse action;

(d) Notice of all procedures, rights of appeal, time limits, and other matters pertaining to the adverse action applicable to the affected employee;

(e) A copy of the provisions of this chapter; and

(f) The location and the times when the employee or the employee's representative may review the material in the adverse action file upon which the action is based.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1703 REVIEW OF ADVERSE ACTIONS

1703.1 An employee who has been suspended without pay for thirty (30) days or less shall be entitled to have the action reviewed by the Dean upon filing a request for review under §1703.2.

1703.2 A request for review of a suspension for less than thirty (30) days shall be filed with the Dean within five (5) days of the effective date of suspension.

1703.3 Appeal from a dismissal, demotion for cause, or suspension without pay for more than thirty (30) days shall be taken by filing a request for a hearing pursuant to the provisions of §1706 of this chapter.

1703.4 If no request for review under §1703.2 or request for a hearing under §1706 is filed within the applicable time limit, the adverse action effected by the Dean or the Dean's designee shall be deemed to be the final administrative action of the School of Law.

1703.5 If a request for review is filed pursuant to §1703.2, the Dean shall conduct an informal review of the action. The review shall include a review of the adverse action file, including the response filed under §1705, and may include an informal discussion with the employee. The Dean shall affirm, modify, or overturn the adverse action within ten (10) calendar days of the receipt of the request for review. The written decision of the Dean shall be the final administrative action of the School of Law.

1703.6 If a timely request for hearing is filed pursuant to §1706, the final administrative action of the School of Law shall be taken pursuant to the provisions of §1709 of this chapter.

1703.7 The effective date of an adverse action shall not be stayed by the filing of a timely request for review or request for hearing.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1704 STATUS DURING NOTICE PERIOD

1704.1 An employee who is the subject of an adverse action shall be retained in active duty status during the notice period, except as provided otherwise in this section.

1704.2 If the official effecting the adverse action determines that the retention of the employee in an active duty status might result in damage to school property; might result in injury or harm to law students, other employees, or members of the public; or might be detrimental to the efficiency and discipline of the School of Law, either of the following actions may be effected immediately:

(a) The employee may be temporarily assigned to other duties where these conditions are not likely to occur; or

(b) The employee may be placed on administrative leave with pay.

1704.3 If the official effecting an adverse action also effects a separate action of suspension without pay for thirty (30) days or less during the notice period, the employee may be removed from active duty on the effective date of the suspension.

1704.4 The decision by the official effecting an adverse action to reassign the employee or place the employee on administrative leave with pay during the notice period shall not be subject to appeal.

1704.5 The employee or his or her representative shall be given access to the documents, reports, and other materials contained in the adverse action file, including all materials that support the adverse action being taken.

1704.6 Adverse action file materials that relate to the grounds and reasons for the adverse action shall be available for inspection by the employee or his or her representative not later than twenty-four (24) hours after the receipt of the notice of adverse action by the employee. These file materials shall be available at the times and places specified in the notice.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1705 WRITTEN RESPONSE TO ADVERSE ACTION

1705.1 An employee shall be entitled to respond to the notice of adverse action in writing.

1705.2 A written response submitted under this section shall be submitted to the official effecting the adverse action. The request for review by the Dean under §1703.2 or the request for a hearing under §1706 may be filed with the written response.

1705.3 The following time limits shall apply to the submission of a written response by the employee or the employee's representative:

(a) For dismissal, demotion for cause, or suspension for more than thirty (30) days, the written response must be submitted within fourteen (14) days of the receipt of the notice of adverse action by the employee; and

(b) For suspension of thirty (30) days or less, the written response must be submitted within the time stated in the notice, but in no case in less than twenty-four (24) hours from the receipt of the notice of adverse action by the employee.

1705.4 The official effecting the adverse action may extend the time to file the written response upon the written request of the employee or the employee's representative.

1705.5 The employee's written response, if any, shall be made a part of the adverse action file.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1706 ADVERSE ACTION HEARINGS

1706.1 An employee shall have the right to receive a hearing on a dismissal, demotion for cause, or suspension without pay for more than thirty (30) days pursuant to the provisions of this section, except in the following instances:

(a) An employee who alleges that the adverse action is being taken for discriminatory reasons in violation of the human rights laws of the District of Columbia (D.C. Law 2-38, as amended) shall take an appeal to the D.C. Office of Human Rights, pursuant to the rules and procedures established by that office; and

(b) An employee who has appeal rights to another governmental agency under any statute of the United States or District of Columbia, and who elects to exercise those appeal rights, shall be deemed to have waived all appeal rights under this chapter.

1706.2 A request for a hearing shall be granted upon the timely filing of a written request for a hearing.

1706.3 A request for a hearing shall be filed with the Dean or the Dean's designee not later than ten (10) days after the receipt of the notice of adverse action by the employee.

1706.4 Failure to file a timely request for a hearing shall constitute a waiver of the right to a hearing on the adverse action.

1706.5 The time limit for filing a request for a hearing, as set forth in this section, may be extended by the Dean or the Dean's designee as follows:

(a) Upon a showing by the employee or the employee's representative that he or she was not properly notified of the time limit for filing the request and was not otherwise aware of it; or

(b) Upon a showing that the employee was prevented from filing a timely request by circumstances beyond his or her control.

1706.6 If the request for extension of time to file an appeal is granted, the extension shall be for five (5) days from the date on which the employee receives notification of the extension.

1706.7 Upon receipt of a timely request for a hearing, the Dean shall schedule a hearing at a time convenient to the parties, subject to the availability of the Dean or other required personnel.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1707 HEARING PROCEDURES AND SAFEGUARDS

1707.1 An employee shall be afforded the following safeguards in connection with the hearing held pursuant to this section:

(a) The right to be represented by counsel or other representative of the employee's choice, at the expense of the employee;

(b) The right to cross-examine any witness testifying for the School of Law;

(c) The right to call witnesses in the employee's behalf and to present other evidence in support of the appeal, including the right to call employees of the School of Law to appear as witnesses in his or her behalf;

(d) The right of access to materials in the adverse action file, pursuant to the provisions of §1704; and

(e) The right to a free copy of the electronic recording made of the hearing.

1707.2 An employee or employee's representative may arrange to have a record of the hearing taken and transcribed by a qualified reporter hired by the employee at the employee's expense; Provided, that the Office of the Dean shall be notified of any arrangement for a record of the hearing not less than three (3) days prior to the scheduled date of the hearing.

1707.3 All adverse action hearings shall be closed to the public unless the employee who requested the hearing specifically requests that the hearing be open. An open hearing may be closed at any time upon the request of the employee.

1707.4 The rules of evidence shall not be strictly applied at the hearing; however, the person conducting the hearing shall have authority to use the rules of evidence currently in effect in the Superior Court of the District of Columbia as guidelines for the orderly conduct of the hearing. Evidence or testimony offered by either party that is irrelevant or repetitive may be excluded.

1707.5 All testimony shall be given under oath or affirmation.

1707.6 Any person may be excluded from the hearing room for conduct that interferes with the hearing process.

1707.7 Any party may file a post-hearing brief at the conclusion of the hearing at its own initiative.

1707.8 The official record of the hearing shall consist of the following:

(a) The notice of adverse action;

(b) The request for the hearing;

(d) An electronic recording of the hearing;

(e) Any post-hearing briefs or proposed findings submitted by the parties; and

(f) Written findings, the recommendation of the hearing officer or panel, and the final decision of the Dean.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A DCMR § 1708 CONDUCT OF HEARINGS

1708.1 The adverse action hearing shall be conducted by the Dean or the Dean's designee. The Dean may designate a single hearing officer or a panel of three (3) members (with a designated chairperson) to conduct the hearing.

1708.2 The Dean may designate a hearing panel or hearing officer from among the members of the faculty and staff of the School of Law, or the Dean may designate a hearing officer from outside the law school.

1708.3 If the Dean designates a hearing officer from outside the law school, he shall designate a person with expertise and experience in adverse action matters. The Dean may designate the hearing officer from among a list of persons provided by the American Arbitration Association, the Federal Mediation and Conciliation Service, the District of Columbia Bar, or any other organization that provides this type of service.

1708.4 The Dean or the Dean's designee shall issue written findings and a final recommendation within ten (10) days of the conclusion of the hearing.

1708.5 A copy of the findings and recommendation shall be sent to each party or its representative.

1708.6 Within seven (7) days of the receipt of the copy of the findings and recommendation, any party or its representative may submit exceptions to the findings and recommendation in writing to the Office of the Dean.

1708.7 No hearing officer or member of a hearing panel designated pursuant to this section shall have recommended or effected the adverse action that is the subject of the hearing.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988); as amended by Final Rulemaking amend published at 39 DCR 8107 (November 6, 1992).

8-A DCMR § 1709 FINAL DECISIONS ON ADVERSE ACTIONS

1709.1 If the hearing is conducted by a hearing officer or panel, the official record, including the findings and recommendation of the officer or panel, shall be submitted to the Dean after receipt of exceptions to the findings and recommendation or upon expiration of the time to file exceptions, pursuant to §1708.

1709.2 The final decision on the adverse action shall be made in writing by the Dean within twenty (20) days of the receipt of the official record.

1709.3 The written determination of the appeal shall specify the grounds for adverse action that have been sustained, if any, and those grounds that have not been sustained, if any, and shall contain one of the following:

(a) If the adverse action has been sustained, a statement that the determination is the final administrative agency action -of the School of Law; or

(b) If an adverse action of dismissal has been reversed, a notice of reinstatement.

1709.4 If the adverse action is reversed, the employee shall be made whole for the action, including reinstatement where appropriate.

1709.5 An employee who has received a final decision on an adverse action pursuant to this section shall be deemed to have exhausted all administrative remedies.

1709.6 A copy of the final decision on the adverse action shall be delivered to the employee or the employee's representative.

History

SOURCE: Final Rulemaking published at 35 DCR 7771 (October 28, 1988).

8-A18 REDUCTION IN FORCE - FURLOUGH

8-A DCMR § 1800 REDUCTION IN FORCE: GENERAL PROVISIONS

1800.1 The provisions of this chapter shall apply to all employees of the School of Law in the Educational Service, except as provided otherwise in this section.

1800.2 This reduction in force provisions of this chapter does not cover employees of the School of Law in the Career Service or the Excepted Service. Employees in the Career Service are subject to the reduction in force regulations and procedures set forth in the D.C. Personnel Regulations and the D.C. Personnel Manual adopted by the Mayor.

1800.3 The need to apply reduction in force procedures when a determination is made that there is a surplus of employees shall not suspend the authority and responsibility of the School of Law to discipline, remove, demote, or reassign any employees under any other chapter of this title. These actions may be taken before, during, or after a reduction in force.

1800.4 The provisions of §§1800-1829 of this chapter shall be applied when releasing a competing employee from his or her competitive level by separation or reassignment requiring displacement under a reduction in force.

1800.5 A reduction in force using the procedures set forth in this chapter shall be conducted when the Dean determines that one (1) or more positions will be abolished due to any of the following reasons:

(a) Lack of work;

(b) Shortage of funds;

(d) Reduction or elimination of duties or programs; or

(e) The exercise of restoration rights as provided in Title 38, U.S. Code §§2021, et seq.

1800.6 The reduction in force procedures set forth in this chapter shall not apply to any of the following:

(a) The termination of a temporary promotion;

(b) The return of an employee to the position from which the employee was promoted on a temporary or term basis;

(c) Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted;

(d) The return to a former position, or comparable position, of a supervisor or manager who failed to satisfactorily complete the required probationary period in the supervisory or managerial position;

(e) Termination of a term appointment on its expiration date or otherwise in accordance with the terms of the appointment;

(f) Termination of a temporary appointment;

(g) Reduction in grade or pay as a result of a position classification action affecting the employee's position;

(h) Demotion as a result of change in classification standards or error in the application of either of the following:

(1) Classification or qualification standards; or

(2) Time-in-grade requirements for promotion;

(i) The separation of an employee or a change in an employee's position, rank, grade, or pay as a result of an adverse action; or

(j) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

1800.7 The inclusion of probationary, temporary, or intermittent employees in tenure categories or for other purposes under this chapter related to reduction in force retention procedures shall not be deemed to establish or attribute any rights or entitlements, substantive or procedural, to any employee that is not otherwise specifically established under law or regulation.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1801 REDUCTION IN FORCE: ALTERNATIVE ACTIONS

1801.1 The Dean shall be responsible for planning work and organizing the work force of the School of Law to accomplish the work program within available resources.

1801.2 The Dean may determine that any one (1) or more the following alternative actions will be taken prior to implementing a reduction in force when that action is in the best interests of the School of Law and is consistent with the goals or reasons for a proposed reduction in force:

(a) Job sharing or reduced working hours, in accordance with the provisions of §1801.3;

(b) Reassignment of qualified employees who are employed in positions that are to be eliminated under a reduction in force to vacant positions which have been determined to be essential to the continued operation of the School of Law;

(c) Filling vacancies with temporary employees to perform essential work, or contracting out essential work, until the reduction in force occurs;

(d) Freezing vacancies when reductions in funds are anticipated;

(e) Furloughing employees when temporary reductions in expenditures are required; or

(f) Other actions that will reduce the need for a reduction in force that are consistent with the best interests of the School of Law.

1801.3 An employee may be assigned to share a position (job sharing, as defined in §1899) or may be assigned to fill a position with reduced working hours (as defined in §1899) if the following conditions are met:

(a) The employee is not serving under an appointment with a specific time limitation; and

(b) The employee has voluntarily requested the assignment in response a request for volunteers for job sharing or working reduced working hours in order to preclude conducting, or to minimize the adverse impact of, a reduction in force.

1801.4 The School of Law may, in order to minimize the adverse impact of a reduction in force, offer a released employee a vacant position for which he or she qualifies.

1801.5 An employee under consideration for reassignment may submit additional information or documents related to his or her qualifications for the position to which reassignment is being considered. Additional information provided by the employee shall be verified prior to use in making a reassignment.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1802 AUTHORIZATION OF A REDUCTION IN FORCE

1802.1 If the Dean determines that a reduction in personnel is required pursuant to §1800.5, the Dean shall require that a reduction in force plan be prepared for his or her approval prior to the implementation of the reduction in force.

1802.2 The reduction in force plan shall identify the positions to be abolished by position number, title, series, grade, and organizational location, and the reason for abolishing the position.

1802.3 During a reduction in force, the Dean may increase or decrease the number of positions previously identified for abolishment, or make other changes due to funding changes; the number of transfers, retirements, or other voluntary separations; or other reasons affecting the School of Law.

1802.4 Prior to approving the reduction in force plan, the Dean shall ensure that no School of Law employee is serving on an unauthorized detail. Any employee serving on an unauthorized detail, or serving on a detail beyond the time period allowed for detail under this title, shall be returned to his or her position of record prior to the approval of the reduction in force plan.

1802.5 Written approval by the Dean of the reduction in force plan, including any amendment to the plan, shall constitute the authorization for the School of Law to conduct a reduction in force.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1803 CORRECTIVE ACTIONS

1803.1 If the Dean, or the Dean's designee, finds that preparations for a reduction in force are contrary to the provisions of this chapter or would result in violation of employee rights under the law or a collective bargaining agreement, he or she shall require appropriate corrective action. Corrective action shall be implemented prior to the completion of the reduction in force.

1803.2 An action which has been determined by the Dean, or the Dean's designee, to be erroneous as a result of procedural error shall be reconstructed and a redetermination made of the appropriate action under the provisions of this chapter.

1803.3 The retroactive reinstatement of a person who was separated by reduction in force under this chapter may only be made on the basis of a finding of a harmful error as determined by the Dean, or the Dean's designee. For purposes of this section, the term "harmful error" shall mean an error of such magnitude that in its absence the employee would not have been released from his or her competitive level.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1804 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1805 RETENTION STANDING

1805.1 The retention standing of an employee shall determine whether an employee is entitled to compete with other employees for employment retention (and, if so, with whom) and whether the employee is retained or released.

1805.2 The retention standing of each competing employee shall be determined on the basis of the following:

(a) Tenure of appointment;

(b) Length of creditable service;

(d) Other selection factors set forth in this chapter.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1806 WORK UNITS

1806.1 Employees in a work unit shall not compete with employees in another work unit.

1806.2 Positions funded by a particular grant or specific contract with an outside agency or contractor shall be treated as belonging to a separate work unit.

1806.3 Except for the separate work units established for grants and specific contracts under §1806.2, the School of Law shall be a single work unit for purposes of a reduction in force.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1807 COMPETITIVE LEVELS

1807.1 The Dean shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.

1807.2 Assignment to a competitive level shall be based upon the employee's position of record for which the employee receives pay.

1807.3 A competitive level shall consist of all positions in a work unit with the same title and grade level. Positions which have different titles but which are at the same grade level and which have similar functions and responsibilities, and which would require minimal training or orientation for an employee to assume the duties of the differently titled position, may be included in the same competitive level.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1808 RETENTION REGISTER

1808.1 A retention register shall be established in every reduction in force whenever a competing employee is released from his or her position of record, even when no separation from employment occurs.

1808.2 A separate retention register shall be prepared for each competitive level.

1808.3 The retention register shall document the final action taken, and effective date of the action, for each employee released from his or her position or competitive level.

1808.4 Each competitive level shall be identified by the title(s) and grade level of the position(s) in the competitive level.

1808.5 The register for each competitive level shall show clearly all positions in the competitive level. Justification shall be placed in the record if positions with different titles at the same grade are placed in the same competitive level.

1808.6 The retention register shall include the name of each competing employee in, and each competing employee detailed or temporarily promoted from, a competitive level (whether in duty, leave, or furlough status), except employees on military duty with restoration rights and employees currently participating in the job sharing or reduced working hours program under §1801.3.

1808.7 The retention register shall include a competing employee in a leave-without-pay status based upon receipt of disability compensation benefits.

1808.8 An employee who has been demoted because of unsatisfactory performance shall compete for retention from the position to which he or she will be demoted.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1809 RETENTION STANDING: TENURE CATEGORIES

1809.1 The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.

1809.2 Competing employees shall be categorized on a retention register in the categories listed in §§1809.4 or 1809.5 on the basis of tenure of employment.

1809.3 Within each category, employees shall be listed by service date, beginning with the earliest service date, as specified in §1810.

1809.4 The retention register categories for non-faculty employees, in descending order of retention standing, shall be tenure categories I through VI, as follows:

(a) Category I - Permanent, full-time employees;

(b) Category II - Permanent, part-time employees;

(d) Category IV - Temporary, full-time employees and contract employees;

(e) Category V - Temporary, part-time employees;

(f) Category VI - Employees hired on an intermittent basis (W.A.E.).

1809.5 The retention register categories for faculty employees, in descending order of retention standing, shall be tenure categories I through III, as follows:

(a) Category I - Tenured faculty employees;

(b) Category II - Tenure track faculty employees without tenure;

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1810 RETENTION STANDING: LENGTH OF SERVICE

1810.1 Creditable service in determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes. Creditable service shall be determined in accordance with federal law and regulations pertaining to creditability of civilian and military service for Civil Service retirement purposes.

1810.2 A service date shall be established for each competing employee as specified in this section. An employee's service date shall be the date which reflects total creditable service and shall be one (1) of the following:

(a) The date of entrance on duty, when there is no previous creditable service; or

(b) The date obtained by subtracting total creditable previous service from the date the employee last entered on duty.

1810.3 The service date for each employee shall be adjusted to withhold credit for non-creditable service.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1811 RETENTION STANDING: VETERANS PREFERENCE

1811.1 Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations.

1811.2 A retired member of a military service shall be considered a preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:

(a) The employee's military retirement is based on disability that either:

(1) Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

(2) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§101 and 301 of Title 38, U.S. Code;

(b) The employee's military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or

(c) The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

1811.3 An employee who would otherwise be considered a preference eligible under conditions in §1811.2(b) or (c) shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.

1811.4 A preference eligible having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

1811.5 A preference eligible other than as described in §1811.4 shall be credited with four (4) years of additional service.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1812 EFFECTIVE DATE OF RETENTION STANDING

1812.1 The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.

1812.2 When the School of Law discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction in force action in accordance with the employee's true retention standing as of the effective date established under this section.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1813 RECORDS

1813.1 The School of Law shall maintain the current, correct records needed to determine the retention standing of competing employees.

1813.2 The School of Law shall allow inspection of retention registers and related records by the following:

(a) An employee of the School of Law who is affected by the reduction in force (or the employee's representative);

(b) A supervisor or manager whose unit is affected by reduction in force;

(d) A representative of a labor organization representing the collective bargaining unit in which an affected employee is a member; and

(e) Others who have a legitimate need to review these materials in order to carry out their official duties.

1813.3 All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction in force notice, or-until any appeal is decided, whichever is later.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1814 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1815 RELEASE FROM COMPETITIVE LEVEL

1815.1 A competing employee shall not be released from a competitive level while either of the following is retained in that level:

(a) An employee with a specifically limited temporary appointment; or

(b) An employee with a specifically limited temporary promotion.

1815.2 A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under §1816 when an employee is retained under a mandatory exception.

1815.3 Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.

1815.4 When one (1) or more but not all employees with the same service dates in the same tenure category must be released from a competitive level, the ties shall be broken as follows:

(a) The employee whose position will be abolished shall be released;

(b) If still tied, the employee who has the least service at the School of Law, regardless of other creditable service, shall be released.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1816 MANDATORY EXCEPTIONS

1816.1 When employees are released from their competitive levels under §1815, the special retention preferences outlined in this section shall be applicable.

1816.2 Preference eligible employees entitled to retention for one (1) year after restoration under §9 of the Military Selective Service Act of 1967, as amended (Title 50, U.S. Code, App. 459), shall be retained over other employees in his or her tenure category for the duration of the retention period.

1816.3 Each non-preference eligible employee entitled to retention for either six (6) months or one (1) year after restoration under §9 of the Military Selective Service Act of 1967, as amended (Title 50, U.S. Code, App. 459), shall be retained over other employees in his or her tenure category for the duration of the retention period.

1816.4 The retention register shall indicate the reasons for any deviation from the regular order of selection required under this section.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1817 SALARY RETENTION

1817.1 An employee who is placed in a lower grade/level position as a result of a reduction in force shall continue to receive his or her current rate of pay for six (6) months.

1817.2 After the expiration of the salary retention period under §1817.1, the salary of the employee placed in a lower grade/level position shall be fixed at the appropriate rate of pay for that grade/level, in accordance with the provisions of this title.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1818 NOTICE TO EMPLOYEES

1818.1 Each competing employee selected for release from his or her competitive level under this chapter shall be entitled to written notice of not less than thirty (30) full calendar days before the effective date of the employee's release.

1818.2 A notice shall not be issued less than thirty (30) nor more than ninety (90) days before release, except that the Dean may authorize an additional ninety (90) days when it is determined that additional time will protect employee rights or avoid administrative hardship.

1818.3 In counting the thirty (30) day minimum notice period, the day the employee receives the notice shall be omitted. A notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next working day.

1818.4 The School of Law shall not retain an employee beyond the end of the notice period.

1818.5 The notice to the employee shall cite the date on which the retention period ends as the effective date of the employee's release from his or her competitive level.

1818.6 A notice shall expire when followed by the action specified in the notice, or in an amendment made to the notice before the action is taken. An amendment shall be permitted without extension of the notice period only when the action to be taken is less severe than the action in the original notice.

1818.7 An action shall not be taken before the effective date of a notice.

1818.8 An employee shall be entitled to a new written notice of at least thirty (30) full days if a decision is made to take an action more severe than the action specified in the original notice.

1818.9 In order to allow employees an opportunity to find other employment, those employees who are to be released from employment at the School of Law shall be placed on administrative leave with pay for the duration of the notice period. This shall not apply to employees who will be reassigned, retained on a job sharing or reduced work hour basis, or who will otherwise be retained as employees of the School of Law.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1819 CONTENT AND DELIVERY OF REDUCTION IN FORCE NOTICE

1819.1 Each reduction in force notice shall state the following:

(a) The action to be taken and its effective date;

(b) The employee's work unit, competitive level, tenure category, and service date;

(d) The reasons for retaining a lower-standing employee in the same competitive level, if applicable; and

(e) The employee's appeal rights under §1825, including the time limit for appeal and the office to which an appeal should be sent.

1819.2 An additional statement to a reduction in force notice shall contain specific information concerning the employee's right to priority placement consideration. This information shall be given to the employee when a determination is made that the employee will be released from employment at the School of Law.

1819.3 The additional information specified in §1819.2 may be included in, or with, the reduction in force notice. Otherwise, a separate supplemental notice containing the additional information shall be issued to the employee.

1819.4 Notice shall be personally delivered to an employee or sent to the employee's official address of record by certified mail, return receipt requested.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1820 REEMPLOYMENT PRIORITY PROGRAM

1820.1 The School of Law shall establish and maintain a reemployment priority list. The provisions of this section shall not apply to employees in work units established for grants and positions funded by specific contracts.

1820.2 An employee's name shall remain on the reemployment priority list for one (1) year from the date he or she was separated from his or her competitive level.

1820.3 An employee covered under the provisions of this section shall be entered automatically on the list immediately after it has been determined that the employees will be released pursuant to a reduction in force and not later than issuance of a specific notice of reduction in force.

1820.4 The employee's name shall be entered on a reemployment priority list for all positions for which he or she is qualified as follows:

(a) At his or her current grade level; and

(b) At any lower grade acceptable to the employee.

1820.5 The School of Law may delete an employee's name from the list when he or she declines a non-temporary position comparable in responsibility and salary to the position from which he or she was separated.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1821 APPOINTMENT FROM AGENCY REEMPLOYMENT PRIORITY LIST

1821.1 When a qualified person is available on the agency reemployment priority list, an Educational Service position shall not be filled by the following:

(a) A new appointment; or

(b) Reemployment of a person not on the agency reemployment priority list.

1821.2 Subsection 1821.1 shall not apply when all qualified persons on the agency reemployment priority list decline or fail to respond to offers of employment.

1821.3 In selecting employees on the agency reemployment priority list from among those adversely affected by reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees' relative standing in their competitive levels. In this regard, a lower standing employee shall not be offered a position if a higher standing employee qualifies for the position, unless the higher standing employee declines the position.

1821.4 The order of priority in selecting from an agency reemployment priority list shall be as follows:

(a) For positions from which separated, offers of employment shall be made according to the displaced employee's relative standing in his or her competitive level. In this regard, a lower standing displaced employee shall not be offered a position if a higher standing displaced employee is on the agency reemployment priority list, unless the higher standing displaced employee declines the position; and

(b) For positions other than from which separated, preference shall be given to an employee in a higher tenure category over an employee in a lower tenure category.

1821.5 The School of Law may appoint a person not on the reemployment priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the School of Law by a person on the list with higher standing than the person appointed.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1822 RESERVED

1822 - 1824 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1823 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1824 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1825 APPEAL OF REDUCTION IN FORCE ACTIONS

1825.1 An employee who has received notice of release from a classified position through a reduction in force action may file a written request for review with the Dean.

1825.2 The request for review shall be filed within ten (10) calendar days after the receipt of the reduction in force notice.

1825.3 The request for review shall include the following:

(a) A copy of the notice received by the employee;

(b) A statement of the reasons why the employee believes that the reduction in force action taken with respect to the employee was improper. The reasons should include specific reference to the provision(s) of this chapter or applicable procedure(s) that the employee asserts were violated or improperly implemented in his or her case;

(d) A statement of the corrective action or other relief sought.

1825.4 The determination of the need for a reduction in force under §1800.5, including any determination by the Dean with respect to the elimination of specific positions or other discretionary decisions with respect to the reduction in force, shall not be subject to appeal.

1825.5 The Dean shall review the reduction in force action for compliance with the provisions of this chapter and issue a written decision to the employee within forty-five (45) calendar days after receipt of the request for review. If a decision has not been issued within this time, the employee may treat the non-response as a denial of the appeal.

1825.6 The filing of a request for review under this section shall not delay the implementation of a reduction in force action. If an employee has been released from his or her position, and the decision of the Dean grants the relief sought in the appeal, the employee shall be restored to his or her position with back pay and benefits effective on the date of release.

1825.7 The decision of the Dean shall be the final agency decision on the reduction in force action. An employee may file a petition for review of the final agency decision with the Superior Court of the District of Columbia within the time limits established under the agency review rules of the Superior Court.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1826 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1827 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1828 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1829 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1830 FURLOUGH

1830.1 The Dean may conduct a furlough of all employees of the School of Law when the Dean determines that it is required for budgetary reasons.

1830.2 Furloughs shall not exceed eighty (80) hours in a leave year without prior approval by the Board of Governors.

1830.3 If the Dean, or the Dean's designee, finds that the preparation for or implementation of a furlough is contrary to the provisions of this chapter, the Dean, or the Dean's designee, shall require appropriate corrective action.

1830.4 When a furlough is directed by the Dean, he or she shall issue an administrative order or equivalent identifying all of the following:

(a) The reason for the furlough;

(b) Any exemptions from the furlough;

(d) The designated pay period(s) in which the furlough is to be conducted.

1830.5 Any changes approved by the Dean following the issuance of an order to conduct a furlough shall be made by issuing an amendment to the administrative order.

1830.6 An employee shall not be required to work on his or her scheduled furlough date and time.

1830.7 The financial impact of a furlough on employees may be adjusted by spreading the nonwork status hours among pay periods, including pay periods in which there are no scheduled furlough days.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1831 SCHEDULING A FURLOUGH

1831.1 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the competitive area is to be scheduled for the same number of furlough hours.

1831.2 Furlough dates shall be scheduled in full day increments, to the extent that full day increments are available.

1831.3 An employee shall not be furloughed on any date or at any time other than those specified in the notice to the employee.

1831.4 An employee shall be furloughed on each of his or her scheduled furlough dates regardless of any leave request or other reason for absence on the furlough date.

1831.5 An employee shall not be furloughed on days when the employee is scheduled to conduct classes or is scheduled to be engaged in direct instructional responsibilities involving students. To the extent necessary to conduct a furlough while complying with the provisions of this subsection, am employee may be furloughed for less than a full-day increment.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1832 FURLOUGH NOTICES

1832.1 Each employee to be furloughed shall be entitled to written notice at least fifteen (15) calendar days before the employee's first furlough date.

1832.2 In counting the fifteen (15) day minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next working day.

1832.3 An employee shall be entitled to a new written notice of at least fifteen (15) full days if a decision is made to increase the number of scheduled furlough hours.

1832.4 Each furlough notice shall state the following:

(a) The dates and times on which the employee is to be furloughed; and

(b) The place where the employee may review the rules governing furloughs.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1833 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1834 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1835 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1836 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1837 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1838 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1839 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1840 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1841 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1842 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1843 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1844 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1845 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1846 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1847 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1848 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1849 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1850 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1851 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1852 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1853 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1854 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1855 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1856 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1857 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1858 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1859 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1860 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1861 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1862 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1863 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1864 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1865 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1866 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1867 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1868 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1869 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1870 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1871 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1872 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1873 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1874 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1875 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1876 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1877 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1878 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1879 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1880 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1881 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1882 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1883 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1884 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1885 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1886 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1887 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1888 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1889 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1890 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1891 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1892 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1893 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1894 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1895 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1896 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1897 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1898 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A DCMR § 1899 DEFINITIONS

1899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Competitive level - all positions in a work unit with the same grade level and title, or at the same grade level with different titles, in accordance with the provisions of §1807.3.

Displaced employee - a former employee who was separated by a reduction in force.

Furlough - the temporary involuntary placement of an employee in a non-duty, non-pay status.

Job sharing - the occupancy of a continuing position, which is budgeted as a full-time position, by two (2) or more employees on a part-time basis continuously during a designated period. This option may be appropriately used when the Dean determines that the position needs to be filled on a full-time basis in order to avoid disrupting the operation of the School of Law.

Preference eligible - a veteran preference eligible as defined in §2108 of Title 5, U.S. Code, and §1811 of this chapter.

Realignment - an action which affects the internal structure or functions of the School of Law, but which does not constitute a reorganization.

Reorganization - an action which results in the transfer of, consolidation of, abolishment of, or authorization with respect to functions and hierarchy, between or among organizational units, and which affects the structure or structures of the units.

Retention register - the listing of employees occupying positions in a work unit at a competitive level by tenure category and service date.

Retention standing - the employee's standing on the retention register in relation to other competing employees within his or her competitive level.

Temporary appointment - employment with a specific time limitation of one (1) year or less.

Tenure category - the retention group in which competing employees shall be placed according to their current type of appointment.

Term appointment - employment with a specific time limitation that exceeds one (1) year.

Transfer of function - the transfer of the performance of a continuing function from one (1) competitive area and its addition to one (1) or more other competitive areas.

History

SOURCE: Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).

8-A20 LABOR RELATIONS

8-A DCMR § 2000 GENERAL POLICY ON LABOR RELATIONS

2000.1 In accordance with D.C. Code, §1-604.4(d) and applicable provisions of D.C. Code, §1-618, and in order to promote and maintain effective employee relations and in order to ensure the efficient, orderly, and uninterrupted operation of the School of Law, the Board of Governors (the "Board") adopts the rules and procedures in this chapter with respect to employee representation for the purpose of collective bargaining.

2000.2 The Board recognizes that the employees of the School of Law shall have the following rights with respect to organization and collective bargaining:

(a) The right to self-organization free from interference, restraint, or coercion;

(b) The right to join, organize, affiliate with, or assist labor organizations, as defined in §2002;

(d) The right to refrain from any or all of the activities set forth in §2000.2(a)-(c), except to the extent that a right may be affected by a lawful agreement providing for union security.

2000.3 An employee may, by his or her own choice, join or refrain from joining any labor organization with complete freedom from coercion, restraint, interference, or discrimination.

2000.4 No action shall be taken by any member of the Board that would have the effect of extending or curtailing rights, privileges, benefits, or immunities pertaining to employment in the School of Law on the grounds of membership or non-membership in any labor organization.

2000.5 Any employee or group of employees shall have the right to present any grievance to the administration of the School of Law and to have that grievance adjusted without the intervention of the exclusive representative so long as the adjustment is not inconsistent with the terms of a collective bargaining agreement that is in effect at the time the adjustment is made; Provided, that the exclusive representative shall have been given the opportunity to be present at meetings with officials of the School of Law about that adjustment.

2000.6 No official or employee of the School of Law shall deny or interfere with the rights of employees to petition the Board, the Council of the District of Columbia, or the Congress of the United States, either individually or collectively.

2000.7 No labor organization shall be certified or shall retain its certification status under this chapter if it has any policy of discrimination or engages in discrimination on the basis of race, color, religion, age, sex, marital status, sexual orientation, national origin, citizenship, handicapping condition, or any other basis of discrimination prohibited under the Code of Laws of the District of Columbia.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2001 APPLICABILITY AND AUTHORITY

2001.1 The provisions of this chapter, along with the applicable provisions of D.C. Code, §1-618, shall govern the relationship between all labor organizations and the School of Law.

2001.2 The relationship between the School of Law and labor organizations shall include the relationship between those organizations and all offices, divisions, or other administrative units of the School of Law

2001.3 Any agreement or agreements entered into by the Board of Governors with any labor organization shall be binding upon all administrative units of the School of Law, all committees of the Board and faculty, all advisory groups, and any other bodies established by the Board or which operate under the authority of or with the recognition of the Board.

2001.4 The statutory authority of the Board to control the School of Law and the Board's responsibility for the efficient and effective management of the School of Law shall be presumed to be part of all negotiations and agreements entered into by the Board with any labor organization.

2001.5 No provision of any agreement negotiated or ratified between the Board and any labor organization shall be interpreted or implemented so as to supersede the statutory authority or obligations of the Board of Governors.

2001.6 No provision of this chapter or any agreement entered into pursuant to this chapter shall be interpreted or implemented to deny the right of an individual employee to represent him or herself or choose his or her own representative in any statutory forum or pursuant to any procedure established by law.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2002 PETITION FOR RECOGNITION

2002.1 A labor organization seeking to obtain exclusive recognition as the representative of a bargaining unit of employees of the School of Law shall file a petition for recognition with the Public Employee Relations Board (the "PERB"), in accordance with the rules of the PERB.

2002.2 A copy of a petition for certification filed with the PERB shall be filed with the Dean.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2003 PETITION FOR DECERTIFICATION

2003.1 Any employee or group of employees within a recognized, appropriate bargaining unit may challenge the further representation of the unit by the existing certified labor organization by filing a petition for decertification with the Public Employee Relations Board, in accordance with the rules of the PERB.

2003.2 A petition for decertification on behalf of the School of Law shall be filed by the Dean.

2003.3 A copy of a petition for decertification filed with the PERB by an employee, a group of employees, or a representative acting on behalf of employees shall be filed with the Dean.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2004 PETITION FOR CLARIFICATION OF EXISTING BARGAINING UNIT

2004.1 A petition for clarification of an existing bargaining unit in the absence of a question concerning representation may be filed with the Public Employee Relations Board by the Dean or labor organization.

2004.2 Petitions for clarification shall be filed in accordance with and processed under the rules of the Public Employee Relations Board.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2005 PETITION FOR AMENDMENT OF CERTIFICATION

2005.1 A petition for amendment of certification of an existing bargaining unit in the absence of a question concerning representation may be filed with the Public Employee Relations Board by the Dean or by the labor organization.

2005.2 Petitions for amendment of certification shall be filed in accordance with and processed pursuant to the rules and regulations of the Public Employee Relations Board.

2005.3 Petitions shall be in writing and signed by the appropriate official of the labor organization, or by the Dean or the Dean's designee.

2005.4 Except as otherwise required by the PERB each petition for amendment of certification shall contain the following:

(a) The name of the certified bargaining representative;

(b) Identification and description of the existing certification;

(d) The names and addresses of any other labor organizations known to the petitioner that claim to represent any employees in the unit covered by the existing certification and proposed amended certification, and a brief description of the existing agreements covering those employees, if any;

(e) The name and address of the petitioner;

(f) The affiliation of the petitioner with any national, regional, or local labor groups, or if no affiliation exists, a statement to that effect; and

(g) Other appropriate facts, information, or requests for action relevant to the petition.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2006 EVIDENCE OF PROOF OF INTEREST IN PETITION

2006.1 In conjunction with the filing of a petition for recognition under the provisions of §2002, the petitioner shall simultaneously submit evidence to the Public Employee Relations Board that at least thirty percent (30%) of the employees in the appropriate bargaining unit desire to have the petitioner represent them for the purposes of collective bargaining.

2006.2 In conjunction with the filing of a petition for decertification under the provisions of §2003, the petitioner shall simultaneously submit to the Public Employee Relations Board evidence of proof of interest in the petition of the employees in the unit, in accordance with the requirements and rules of the PERB.

2006.3 Evidence of proof of interest in the filing of a petition for recognition or a petition for decertification shall consist of authorization cards or petitions that have been dated and signed by each employee claimed as part of the show of interest.

2006.4 The number of employees required to meet the thirty percent (30%) requirement for show of interest shall be determined from the payroll records of the payroll period immediately preceding the filing of the petition, unless the Public Employee Relations Board determines that that period is unrepresentative of the total number of employees. If the Public Employee Relations Board determines that the period immediately preceding the filing of the petition does not accurately represent the total number of employees, then the Public Employee Relations Board shall determine the appropriate payroll period.

2006.5 The determination by the PERB as to the sufficiency of a show of interest with regard to any petition shall be deemed a ministerial act which shall be binding upon the Board of Governors and the petitioner and not subject to challenge by either party.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2007 PETITIONS: GENERAL PROVISIONS

2007.1 The existence of a valid, ratified agreement between the Board of Governors and a labor organization shall bar the filing of a petition for recognition during the term of the agreement, except as provided otherwise in §2007.3.

2007.2 The existence of a valid, ratified agreement between the Board of Governors and a labor organization shall bar the filing of a petition for decertification during the term of the agreement, except as provided otherwise in §2007.3.

2007.3 A petition for recognition or decertification may be filed not less than sixty (60) days nor more than ninety (90) days prior to the expiration date of an existing agreement of a term of three (3) years or less, or not less than sixty (60) days nor more than ninety (90) days prior to the third anniversary date of an agreement of a term of more than three (3) years.

2007.4 No unit shall be established that includes any of the following:

(a) Any administrator or member of the Board of Governors;

(b) Any supervisor together with employees under that supervisor's supervision;

(c) Any employee who assists or has a confidential relationship with any administrator or management official who has a functional responsibility for or official knowledge of labor relations matters as part of that person's duties with the School of Law;

(d) Any employee whose duties or employment is of a temporary or casual nature; or

(e) Both professional and nonprofessional employees, unless a majority of the professional employees vote or petition for inclusion in the unit.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2008 SELECTION OF A REPRESENTATIVE LABOR ORGANIZATION

2008.1 Whenever a choice available to employees in an appropriate bargaining unit is between two (2) or more labor organizations, as determined by the Public Employee Relations Board in accordance with its rules, the selection of the representative labor organization or the rejection of all of the choices shall be made by election, under the provisions of §2009 and the applicable rules of the PERB.

2008.2 Whenever the choice that is available to employees in an appropriate bargaining unit is limited to the acceptance or rejection of a single labor organization, the Public Employee Relations Board may determine that the organization has been accepted in accordance with its rules or may conduct an election in accordance with §2009 and its rules.

2008.3 The determination to decertify a labor organization shall be shall be made by the PERB in accordance with its rules.

2008.4 Whenever a labor organization is certified as the representative of an appropriate bargaining unit, the recognition shall be exclusive for a minimum period of one (1) year from the date of certification, and until another election is held which results in decertification of the labor organization, selection of another labor organization to represent the unit, or in an election by the unit for "no union."

2008.5 No election shall be held in any bargaining unit in which a valid election, including a run-off election or additional election, as provided in §2009, has been held during the preceding twelve (12) months.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2009 ELECTION PROCEDURES AND GENERAL PROVISIONS

2009.1 Elections shall be conducted under the auspices and rules of the Public Employee Relations Board, American Arbitration Association, or other agency mutually designated by the parties. Where the rules or procedures are inconsistent with specific provisions of the rules of the PERB, the PERB rules shall take precedence and control.

2009.2 If an election is required by the provisions of this chapter to determine the acceptance, rejection, or selection of a labor organization for recognition, or the decertification of existing recognition, the election shall be conducted pursuant to the procedures and requirements set forth in this section.

2009.3 Election shall be by secret ballot or mail ballot, subject to the agreement of the parties, and shall be held on a date set by agreement of the parties.

2009.4 All costs of conducting an election shall be borne in equal shares by the School of Law and labor organization(s) appearing on the ballot.

2009.5 The notice of an impending election shall specify the date of the election, the polling places, the hours during which the polls will be open, and the form and content of the ballot; and shall list the types of positions in the appropriate bargaining unit by class of positions in the appropriate bargaining unit by class of position and title. Where mail ballots are used, appropriate information explaining use of the mail ballot and postmark deadlines shall be substituted for polling place information.

2009.6 Notice of an impending election shall be given to all affected employees at least seven (7) days in advance of the date set for the election.

2009.7 Each ballot shall provide for the selection of "no union" by the voters in the same way that other choices are listed on the ballot.

2009.8 A labor organization shall be entitled to be placed on the election ballot upon compliance with the provisions of §2007.

2009.9 If more than one labor organization appears on the ballot, and no choice (including "no union") receives a majority of the valid votes cast in the election, a run-off election shall be held. The run-off election ballot shall contain the two (2) choices that received the highest and second highest number of votes in the initial election.

2009.10 When a labor organization receives a majority of valid votes cast in an election or run-off election, the Public Employee Relations Board shall certify the labor organization as the official collective bargaining representative for the bargaining unit involved.

2009.11 For an election or run-off election to be valid, not less than fifty-one percent (51%) of the employees eligible to vote in that election must have cast ballots.

2009.12 An election shall be declared inconclusive if none of the choices on the ballot receives a majority of the votes cast and no challenge is filed which would affect the election results, and if any one (1) of the following situations applies:

(a) The votes are equally divided among the three (3) or more choices on the ballot; or

(b) The choice receiving the highest number of votes does not receive a majority and the second-highest number of votes is received equally by one or more of the other choices; or

2009.13 If an election is declared inconclusive, the Public Employee Relations Board shall declare the election void and shall provide for one (1) additional election, in accordance with PERB rules.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2010 PUBLIC EMPLOYEE RELATIONS BOARD

2010.1 The Public Employee Relations Board of the District of Columbia is authorized to hear and decide appeals on issues in dispute between the School of Law and a labor organization, as set forth in this section and the rules of the PERB.

2010.2 The Dean, on behalf of the School of Law, may challenge an adverse determination by the Public Employee Relations Board with regard to the submission of a petition for recognition or decertification or a determination of the appropriate bargaining unit to the appropriate court of the District of Columbia.

2010.3 Objections concerning the conduct of an election may be filed by any labor organization on the ballot of the election, or by the Dean acting on behalf of the Board.

2010.4 A challenge for cause of the eligibility of any person who has voted in an election may be filed with the PERB by any labor organization on the ballot of the election or by the Dean acting on behalf of the Board.

2010.5 In the case of a challenge brought under §2010.4, all challenged ballots shall be impounded. If the challenged ballots are of sufficient number as to affect the results of the election, the Public Employee Relations Board is authorized to investigate the challenged ballots and to issue a report of its findings.

2010.6 Any labor organization on the ballot in an election, or the Dean acting on behalf of the Board, may challenge the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit.

2010.7 The following actions under this section must be filed within five (5) days of the certification of election results:

(a) Objections concerning the conduct of an election under §2010.3;

(b) Challenges for cause of the eligibility of any person who voted in an election under §2010.4; and

(c) Challenges to the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit under §2010.6.

2010.8 All appeals and challenges made to the Public Employee Relations Board pursuant to this section shall be conducted in accordance with the rules of the PERB.

2010.9 The decisions of the Public Employee Relations Board on appeals and challenges brought under this section shall be binding upon all parties.

2010.10 The Public Employee Relations Board shall be authorized to determine whether certain employees of the School of Law are administrators or management officials, and are thereby excluded from any bargaining unit pursuant to the provisions of §2007.

2010.11 The designation of an employee as an administrator or management official shall not become effective during a period of unchallenged, certified representation by a labor organization, pursuant to §2007, but shall become effective upon the termination of the period of unchallenged, certified representation.

2010.12 Either party to collective bargaining may file an appeal of the negotiability of any item that it has proposed for negotiation.

2010.13 The rules and procedures of the Public Employee Relations Board shall govern the negotiability appeal process.

2010.14 The negotiability of any proposed item shall be determined pursuant to the provisions of law and this title governing the scope of collective bargaining.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2011 RIGHTS AND OBLIGATIONS ACCOMPANYING RECOGNITION

2011.1 The School of Law shall extend the following rights, with respect to employees in a bargaining unit, to the labor organization that is certified to represent the employees in that bargaining unit under the provisions of this chapter:

(a) The right to represent employees notwithstanding the existence of an agreement between the Board of Governors and a labor organization that is no longer certified;

(b) The rights to represent the employees in the adjustment of grievances; and

(c) The right to membership payroll dues deduction upon presentation of an individually signed dues deduction authorization card for each member to whom the deduction shall be applied; however, the deduction shall be effective only during the periods when a ratified agreement is in effect between the Board and the labor organization, except as provided in §2013.

2011.2 Upon certification, a labor organization shall submit the following information and documents to the Dean and shall immediately inform the Dean of any changes in the documents or in information that occur during the period of certification of the organization:

(a) A copy of the constitution and bylaws of the labor organization;

(b) The address of the principal place of business of the labor organization;

(d) A schedule of the regular dues, initiation fees, and other fees or considerations, if any, which must be paid by employees to remaining members in good standing in the labor organization.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2012 UNFAIR LABOR PRACTICES

2012.1 In accordance with D.C. Code, §1-618.4, it shall be an unfair labor practice for the Board of Governors or its agent(s) to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by under law or this chapter;

(b) Dominate, sponsor, finance, control, or otherwise assist or influence a labor organization for the purpose of depriving any employee of the rights assured by this chapter;

(c) Discharge, discipline, discriminate against, or otherwise take reprisal action against any employee on the basis of that employee's exercise of rights assured under law and this chapter or the filing of a complaint or giving of testimony pursuant to any grievance procedures authorized under this title;

(d) Encourage or discourage membership in any labor organization, or discriminate with regard to hiring, tenure, promotion, or other conditions of employment; Provided, that a lawful provision of an agreement granting union security shall not be deemed to violate this section;

(e) Refuse to accord appropriate recognition to a labor organization that is qualified for recognition; or

(f) Refuse to engage in good faith collective bargaining with a certified labor organization.

2012.2 In accordance with D.C. Code, §1-618.4, it shall be an unfair labor practice for any labor organization or its agent to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by law and this chapter;

(b) Attempt to induce the Board or its agent to coerce any employee with respect to rights assured by law and this chapter or to attempt to cause the Board or its agent to discriminate against any employee whose membership in the labor organization has been denied or terminated;

(c) Coerce, attempt to coerce, or discipline any member of any labor organization on the basis of or in reprisal for any official duty or action that the employee is required to perform; or

(d) Refuse to engage in good faith collective bargaining with the Board.

2012.3 The Public Employee Relations Board shall be authorized to receive and decide complaints of unfair labor practices that arise pursuant to the provisions of this section.

2012.4 Complaints of violations of the provisions of this section may be initiated by any of the following:

(a) An employee of the School of Law;

(b) Any authorized official of a labor organization;

(d) The Board of Governors.

2012.5 Complaints of unfair labor practices submitted under this section shall be processed in accordance with the rules and procedures of the Public Employee Relations Board.

2012.6 The decisions of the Public Employee Relations Board on complaints brought under this section shall be binding on all parties.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2013 PROHIBITION OF STRIKES

2013.1 In accordance with D.C. Code, §1-618.5, no labor organization or employee shall call for, instigate, encourage, ratify, participate in or condone a strike.

2013.2 An employee who violates the provisions of §2013.1 of this section shall be subject to disciplinary action by the School of Law within the provisions of this title and any applicable law.

2013.3 The School of Law shall have the right to exercise any available judicial remedy to enforce the legal prohibition against strikes by its employees, including action to enjoin, restrain, or punish any employee or group of employees in violation or impending violation of the provisions of this section.

2013.4 The Board shall have the right to withdraw the right to automatic dues deduction, as set forth in §2011, in the event of a strike.

2013.5 For purposes of this section, an employee who is absent from work without authorization from the Board or its agent, or who abstains wholly or in part from the performance of his or her duties in the normal manner in which the employee performs those duties without authorization from the Board or its agent, on any date on which a strike is deemed to have occurred shall be presumed to have engaged in that strike. The presumption created by this subsection may be rebutted by the employee.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A DCMR § 2099 DEFINITIONS

2099.1 When used in this chapter or in chapter 21, the following terms and phrases shall have the meanings ascribed:

Agreement - a written understanding between the Board and an exclusively recognized labor organization that establishes, for a specific length of time, the terms and conditions of employment, the respective rights and obligations of the parties to the understanding, and the procedures to be followed in settling disputes or handling issues that arise during the term of the understanding.

American Arbitration Association - a private, non-profit, non-partisan organization founded in 1926 to foster the study of arbitration, to perfect the techniques of arbitration under the law, and to administer arbitration in accordance with the provisions of agreements between parties. The services of the organization are used to facilitate the appointment of an arbitrator.

Appropriate bargaining unit - a group or category of employees recognized by the Public Employee Relations Board for the purposes of representation in labor relations.

Advisory arbitration - the process of resolving labor/management disputes through the services of an impartial third party who is authorized to issue recommendations following the presentation of evidence and argument by both parties.

Binding arbitration - the process of using an impartial third party to resolve labor/management disputes where both parties agree in advance to accept and be bound by the award of the arbitrator.

Board - the Board of Governors of the District of Columbia School of Law or its duly designated representative.

Collective bargaining - the process of negotiation used by the Board and an exclusively recognized labor organization to reach an agreement which is subject to ratification.

Days - unless specifically provided otherwise, all time limits provided for this chapter shall be deemed to be calendar days.

Employee - any person employed by the School of Law, with the exception of the members of the Board; the Dean; persons employed in the Excepted Service; persons in administrative or managerial positions; persons who assist or have a confidential relationship with any administrator or management official who has a functional responsibility for or official knowledge of labor relations matters as part of that official's duties with the School of Law; and persons whose duties are of a temporary or casual nature.

Exclusive recognition - the status afforded to a labor organization which has been certified by the D.C. Public Employee Relations Board as the sole representative of all employees in an appropriate bargaining unit, regardless of union membership, pursuant to a representative election.

Fact-finding - a process by which negotiating parties who have reached an impasse appoint one or more impartial persons to review the issues and the positions of both parties on each issue as a means of resolving differences of fact. The fact-finder issues a report with recommendations which may serve as a basis for further negotiations and agreement.

Federal Mediation and Conciliation Service - an independent agency of the federal government that provides mediators to parties in both the public and private sectors who have reached an impasse in collective bargaining.

Impasse - the inability of parties in collective bargaining to reach an agreement after making a good faith effort to do so.

Labor organization - an organization in which employees participate and that exists for the primary purpose of representing the interests of employees in labor disputes, grievances, and collective bargaining.

Mediation - the process of attempting to resolve a dispute between labor and management over the terms and conditions of employment under an existing agreement through the appointment of an impartial third party who, by means of persuasion and conciliation, assists the parties to achieve a compromise or other solution.

Public Employee Relations Board - an impartial body established by the District of Columbia to provide for the orderly resolution of disputes between labor organizations and management within the District of Columbia.

Ratification - the process through which the Board and a labor organization approve and agree to be bound by the terms and provisions of an agreement reached through collective bargaining.

Strike - a concerted action by employees to induce, influence, or coerce a change in terms and conditions of employment through their willful refusal to report for duty; their willful refusal to report to their positions; or their willful stoppage, in full or in part, of the full and proper performance of the duties of employment.

Supervisor - any employee whose duties entail the exercise of independent judgment and authority to effect or effectively recommend the hiring, transfer, suspension, lay-off, recall, promotion, discharge, assignment, recognition, or discipline of other employees; or the responsibility to direct or evaluate the performance of other employees, or to adjust the grievances of other employees.

History

SOURCE: Final Rulemaking published at 36 DCR 1487 (February 24, 1989).

8-A21 COLLECTIVE BARGAINING

8-A DCMR § 2100 COLLECTIVE BARGAINING

2100.1 The Board of Governors (the "Board") and a labor organization that has been certified as an exclusively recognized representative shall meet at reasonable times, through their authorized agents, to negotiate in good faith with respect to matters within the scope of collective bargaining for the purpose of reaching an agreement on the matters being negotiated which may be ratified by the parties.

2100.2 Except as otherwise provided in D.C. Code, §1-618.17, matters within the scope of collective bargaining shall include and be limited to the following:

(a) Terms and conditions of employment; and

(b) The determination of appropriate techniques and procedures to govern the process of negotiations.

2100.3 The obligation to meet and negotiate in good faith shall not include or extend to matters outside the scope of collective bargaining and, in particular, shall not apply or extend to the following:

(a) The bylaws, functions, programs, or educational policies of the Board;

(b) Standards of services;

(d) Utilization of technology;

(e) The organizational structure of the School of Law;

(f) The selection and direction of personnel; or

(g) The Rules of the School of Law, except where those rules provide for pre-emption; Provided, that issues that pertain to the manner in which the rules of the School of Law or other actions of the Board are implemented, when that implementation impacts upon the working conditions of employees, may be within the scope of collective bargaining.

2100.4 The scope of collective bargaining shall not include or extend to any matter that is contrary to existing law or controlling agreement.

2100.5 Pursuant to collective bargaining, the negotiating teams may execute a written agreement or memorandum of understanding which is subject to ratification by the Board and the labor organization.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2101 NEGOTIATIONS: GENERAL PROVISIONS

2101.1 Negotiations shall commence at a reasonable time upon the request of the Board or labor organization, subject to the requirements of §2101.2.

2101.2 A request to commence negotiations, pursuant to §2101.1, shall be in writing, shall be signed by the authorized agent of the party making the request, and shall set forth a proposed date for the commencement of negotiations, subject to the requirements of this section.

2101.3 The time for the commencement of negotiations may also be established by mutual assent of the parties through a provision in a ratified agreement or in a written pre-negotiation agreement.

2101.4 A request to commence negotiations on a date that is more than one hundred twenty (120) days prior to the date of expiration of an existing ratified agreement shall be subject to the agreement of both parties.

2101.5 The parties may modify or postpone the date for commencement of negotiations by written agreement.

2101.6 Collective bargaining negotiations shall be conducted between teams of representatives designated by each party.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2102 NEGOTIATIONS: INITIAL PROPOSALS

2102.1 Not less than thirty (30) days before commencement of negotiations, each party shall submit specific initial proposals in writing to the other party.

2102.2 The specific proposals shall state the initial position of each party on each proposed issue of negotiation.

2102.3 In no event shall negotiations commence until thirty (30) days after the submission of initial proposals by both parties.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2103 THE BOARD'S NEG0TIATING TEAM

2103.1 The negotiating team for the Board shall be approved by the Board upon the written recommendation of the Dean.

2103.2 The team shall include a chief negotiator who shall be designated the spokesperson for the Board in all matters pertaining to negotiations.

2103.3 The Board's negotiating team shall submit its written recommendations for specific initial proposals to the Board and the Dean.

2103.4 The recommendations of the negotiating team shall be discussed and adopted in a closed session of the Board prior to being submitted to the labor organization.

2103.5 The Board's negotiating team shall be authorized to negotiate only in the presence of persons specifically authorized by the provisions this chapter.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2104 BOARD BRIEFINGS ON NEGOTIATIONS

2104.1 The Board's chief negotiator shall provide briefing sessions for the Board on the ongoing status of negotiations.

2104.2 Briefings shall be held during closed sessions of the Board and shall be held monthly or more frequently at the request of the Board.

2104.3 After any closed briefing session, the Board may direct the chief negotiator to hold a public briefing session on any aspect of the negotiations.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2105 NEGOTIATIONS: REQUESTS FOR PUBLIC COMMENT

2105.1 At any time during negotiations prior to the declaration of an impasse, the parties may agree to make public their respective positions on any issue(s) and receive written comments from the public during a fifteen (15) day comment period.

2105.2 All comments received shall be made public.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2106 RATIFICATION OF TENTATIVE AGREEMENTS

2106.1 Upon completion of negotiations, including all impasse procedures, the tentative agreement which has been initialed by the Board’s chief negotiator and ratified by the labor organization shall be referred to the appropriate Board committee for recommendation to the Board.

2106.2 Ratification of the tentative agreement by the Board shall be by majority vote, a quorum being present, at either of the following, whichever occurs first:

(a) The regular monthly meeting of the Board next following the receipt of the initial tentative agreement; or

(b) A special meeting of the Board called for the purpose of ratification of the tentative agreement.

2106.3 Copies of the ratified agreement shall be made available to the public, upon request, from the Dean.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2107 RESERVED

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2108 RESERVED

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2109 RESERVED

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2110 IMPASSE RESOLUTION

2110.1 Unless specifically modified by the terms of a ratified, effective agreement, the provisions of this section and §§2111 through 2114 shall govern the collective bargaining process in the event of an impasse over the terms of an initial or renewal agreement.

2110.2 If the Board and a labor organization fail to reach agreement within thirty (30) days before the expiration date of an existing agreement, or fail to reach agreement within thirty (30) days before a date mutually set by the parties for reaching an initial agreement, the existence of an impasse shall be automatically declared unless the parties agree to extend the deadline for reaching agreement.

2110.3 If the deadline for reaching agreement is extended pursuant to §2110.2, the impasse provisions of that subsection shall apply to any extended deadline, including any deadline agreed upon that is less than thirty (30) days.

2110.4 The automatic declaration of an impasse may be recognized by either party submitting to the other party a written proposal for the appointment of a mediator.

2110.5 Upon the recognition of an impasse pursuant to this section, the issue(s) in dispute shall be referred for mediation pursuant to the provisions of §2111.

2110.6 If no agreement on the issue(s) in dispute is reached after a total of fifteen (15) days on which mediation sessions are held, the issue(s) remaining in dispute shall be referred to fact-finding pursuant to the provisions of §§2112 through 2114.

2110.7 After time for mediation has expired, the referral to fact-finding on any issue(s) remaining in dispute may be delayed if the parties agree to a specific deadline beyond the fifteen (15) days provided in this section.

2110.8 If the parties fail to reach an agreement after due consideration of the fact-finding report, pursuant to the provisions of §2114, the issue(s) remaining in dispute may be referred to arbitration upon the mutual consent of the parties.

2110.9 Referral to arbitration shall be by joint request of the parties to the Federal Mediation and Conciliation Service or to the Public Employee Relations Board, for the appointment of an arbitrator.

2110.10 The scope of arbitration shall be mutually established by the parties and set forth in the written request for the appointment of an arbitrator.

2110.11 No award shall be binding upon the parties unless the written request by the parties specifically states that arbitration shall be "final and binding."

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2111 MEDIATION

2111.1 The parties may agree upon the appointment of a mediator. If the parties fail to agree upon the appointment of a mediator within ten (10) days of the date of submission of a proposal for appointment by either party, pursuant to §2110, either party may request the Federal Mediation and Conciliation Service or Public Employee Relations Board to appoint a mediator.

2111.2 A mediator appointed or mutually designated under the provisions of this section shall be knowledgeable and experienced in the mediation of urban government and public post-secondary or professional school matters.

2111.3 The format, date, time, and location of each meeting shall be established by the mediator.

2111.4 All meetings shall be held in closed session.

2111.5 The mediator may meet with both parties separately or in joint session.

2111.6 All mediation proceedings shall be confidential and the mediator shall make no public statement on the issue(s) in controversy, unless the statement is authorized in advance by both parties.

2111.7 All information, reports, records, documents, and statements made by or submitted to the mediator by either party shall be strictly confidential and shall not be disclosed by the mediator.

2111.8 All documents, reports, or other written material prepared by the mediator shall be strictly confidential and shall not be disclosed.

2111.9 The mediator shall be authorized to terminate mediation proceedings at any time and may refer the remaining issue(s) in dispute to fact-finding upon a determination that the mediation process will no longer be productive toward the resolution of the disputed issue(s).

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2112 FACT-FINDING

2112.1 Fact-finding shall be conducted by a panel of three (3) persons who shall be appointed or selected in accordance with the provisions of this section.

2112.2 Any person who has acted as a mediator in the immediate proceedings which are the subject of fact-finding shall be ineligible to serve on the fact-finding panel.

2112.3 The fact-finding panel shall be authorized to hold hearings and adopt procedural rules.

2112.4 Within five (5) days of the referral of any issue(s) remaining in dispute to fact-finding, pursuant to the provisions of §§2110 and 2111, each party shall select one (1) member of the fact-finding panel. The panel members selected by the parties shall then meet and select an impartial chairperson.

2112.5 The person selected to serve as the impartial chairperson shall be knowledgeable and experienced in urban government and public post-secondary or professional school matters.

2112.6 If the two panel members selected by the parties, pursuant to §2112.4, are unable to agree upon the appointment of an impartial chairperson within fifteen (15) days of the referral of the issue(s) remaining in dispute to fact-finding, either party may request the Federal Mediation and Conciliation Service or the Public Employee Relations Board to provide a list of five (5) qualified persons from which the selection of the impartial chairperson shall be made.

2112.7 If the selection of an impartial chairperson is made pursuant to the provisions of §2112.6, the following procedures shall be followed:

(a) Each party shall alternatively strike one (1) name from the list until only one (1) name remains;

(b) The person whose name remains on the list after four (4) names have been struck shall be appointed impartial chairperson of the panel;

(d) The last name struck from the list shall be the alternate panel chairperson in the event that the duly appointed chairperson is unable to serve; and

(e) If both the duly appointed chairperson and the alternate are unable to serve, a new list of five (5) names shall be obtained.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2113 FACT-FINDING PROCEEDINGS

2113.1 All fact-finding sessions shall be open to the public.

2113.2 The format, date, and location of each fact-finding hearing shall be established by the impartial chairperson, and shall be announced in a public notice by the Board.

2113.3 A verbatim record of the fact-finding proceedings may be required at the discretion of the impartial chairperson. If a verbatim record is made, transcripts shall be available to either party at the expense of the party requesting the transcript.

2113.4 All costs or expenses associated with a panel member selected by a party shall be borne by the party making the selection.

2113.5 The costs of the impartial chairperson, including the per diem expenses, shall be borne in equal shares by the Board and the labor organization.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2114 FACT-FINDING REPORT

2114.1 Upon the conclusion of all hearings and deliberations of the panel, the panel shall prepare and issue a written public report which shall be submitted to the parties.

2114.2 The fact-finding report shall state the findings, conclusions, and recommendations of the panel, along with the reasons for each. The report shall be limited to a discussion of the issue(s) in dispute which have been submitted to the panel.

2114.3 The recommendations in the report are advisory only and do not bind the Board or the labor organization.

2114.4 The report shall indicate by name the members of the panel who concur in each recommendation.

2114.5 Copies of the report shall be available upon request from the Board.

2114.6 In preparing its findings and recommendations, the panel shall consider the following:

(a) The interests of the affected employees;

(b) The governmental authority and responsibilities of the Board to control and operate the School of Law;

(d) The conditions within the community relevant to the relationship between the parties;

(e) All applicable statutes and regulations; and

(f) Other factors pertinent to the issue(s) in dispute.

2114.7 Within five (5) days of the receipt of the report of the fact-finding panel, the Board and labor organization shall meet, through their respective negotiating teams, to discuss the report.

2114.8 At any time after the submission of the report to the parties, any member of the fact-finding panel may assist the parties to reach agreement on the issue(s) remaining in dispute.

2114.9 The parties shall have fifteen (15) days from the date of the final adjournment of the meeting on the report held pursuant to § 2114.7 to take action on the panel's recommendations.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A DCMR § 2199 DEFINITIONS

2199.1 The provisions of chapter 20, § 2099 ("Definitions"), of this title are incorporated in this section by reference. The terms and phrases defined in that section shall have the same meanings when used in this chapter.

History

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989).

8-A25 PROCUREMENT

8-A DCMR § 2500 PROCUREMENT SYSTEM

2500.1 In accordance with §2(a) of the "Authorization for the Establishment of a Public Law School for the District of Columbia Amendment Act of 1986," D.C. Law 6-177 (D.C. Code, §31-1546(c)(4), and the provisions of §§104(b) and 104(e) of the D.C. Procurement Practices Act of 1985, D.C. Law 6-85 (D.C. Code, §§1-1181.4), the Board of Governors of the School of Law (the "Board") adopts the contracting and procurement regulations set forth in this chapter and agrees to be bound by those provisions of the D.C. Procurement Regulations ("DCPR") promulgated by the Mayor of the District of Columbia and approved by the Council of the District of Columbia which are adopted and incorporated by reference in the provisions of this chapter.

2500.2 No department, division, program, or employee of the District of Columbia School of Law (the "School of Law") shall exercise any procurement or contracting authority other than authority delegated under this chapter, except authority otherwise provided for receiving or making grants-in-aid or for federal financial assistance.

2500.3 The Dean of the School of Law (the "Dean") shall appoint an employee of the School of Law who reports directly to the Dean to direct and manage the procurement activities of the School of Law. For purposes of this chapter, the Dean's designee under this subsection shall be called the Director of Procurement for the School of Law.

2500.4 The Director of Procurement (the "Director") shall provide overall leadership in the implementation of the procurement regulations, shall coordinate all procurement activities of the School of Law in accordance with the provisions of this chapter, and shall implement a system of unified and simplified procurement procedures and forms.

2500.5 The Director of Procurement for the School of Law may adopt any of the procedures set forth in the D.C. Procurement Manual promulgated by the Director of the D.C. Department of Administrative Services ("Director, DAS") under §1001 of the D.C. Procurement Regulations.

2500.6 Whenever the provisions of this chapter are different from the provisions of the D.C. Procurement Regulations, the provisions of this chapter shall apply and shall be followed by the School of Law.

2500.7 For purposes of this chapter, references to "the District" in the DCPR shall be changed under this chapter to read "the School of Law," and the phrase "best interests of the District" shall be changed to read "best interests of the School of Law".

2500.8 Except where specifically provided otherwise in this chapter, all references to the "Director" in the D.C. Procurement Regulations shall be interpreted for purposes of this chapter as referring to the Director of Procurement of the School of Law and not to the Director of the D.C. Department of Administrative Services. Wherever the provisions of this chapter are intended to refer to the Director of the D.C. Department of Administrative Services, the reference shall use the full title or the abbreviation "Director, DAS".

2500.9 For purposes of this chapter, references to the "Corporation Counsel" in the DCPR shall be changed under this chapter to read the "General Counsel to the School of Law."

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2501 GENERAL PROCUREMENT POLICIES

2501.1 Except as otherwise authorized under this chapter, all contracts let by the School of Law shall be awarded by one (1) of the following methods:

(a) Competitive sealed bidding pursuant to §2515;

(b) Competitive sealed proposals pursuant to §2516;

(d) Small purchase procedures pursuant to §2518.

2501.2 It is the policy of the Board that competitive sealed bidding shall be the preferred method for awarding contracts.

2501.3 Each contract or duty under this chapter shall impose an obligation of good faith in its performance or enforcement. For the purposes of this chapter, the term "good faith" shall mean honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

2501.4 Each determination required under this chapter shall be in writing and based upon written findings of the School of Law official making the determination. Each written determination and findings ("D&F") shall be retained in the official contract file.

2501.5 Except as otherwise provided in this chapter, a contract which is entered into in violation of this chapter is void, unless it is determined by the Director of Procurement or by subsequent judicial review that good faith has been shown by all parties, and there has been substantial compliance with the provisions of this chapter.

2501.6 If a contract is void under §2501.5, a contractor that has entered into the contract in good faith and has not directly contributed to a violation or had knowledge of any violation of the provisions of this chapter prior to the awarding of the contract, shall be compensated for costs actually incurred.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2502 DELEGATION OF CONTRACTING AUTHORITY

2502.1 The chief contracting officer for the School of Law shall be the Director of Procurement, who shall be appointed by the Dean.

2502.2 The Director of Procurement shall be a contracting officer for the School of Law and shall be authorized to appoint contracting officers from among the employees of the School of Law.

2502.3 The Director may delegate all or any part of his or her contracting authority to each contracting officer appointed under this section. Each delegation and modification of delegated contracting authority shall be in writing and shall set forth any limitations on the individual contracting officer's authority.

2502.4 All contracts in excess of two hundred thousand dollars ($200,000), including modifications of existing contracts which would increase the value of those contracts above the limit, shall be approved by the Board of Governors of the School of Law.

2502.5 The Dean may require that contracts of a particular type or contracts above a specified dollar amount must be approved by the Dean prior to execution.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2503 CONTRACTING OFFICERS

2503.1 Each contracting officer appointed under this chapter is authorized to enter into, administer, and terminate contracts on behalf of the School of Law. However, a contracting officer may bind the School of Law only to the extent of the contracting authority set forth in the written delegation of authority required under §2502.

2503.2 Contracting officers shall be subject to the requirements set forth in §§1003.2 through 1003.7 of the D.C. Procurement Regulations.

2503.3 The Director of Procurement shall consider the factors set forth in §1004.3 of the DCPR in making appointments of contracting officers.

2503.4 Termination of a contracting officer's appointment by the Director of Procurement shall be in writing unless the written delegation or modification of contracting authority provides for the automatic termination or expiration of that authority. No termination shall operate retroactively.

2503.5 The Director of Procurement shall maintain a file of all delegations, modifications, and terminations of contracting authority.

2503.6 The procurement business of the School of Law shall be conducted in a manner above reproach and, except as authorized by law, with complete impartiality and with preferential treatment for none.

2503.7 The Director shall ensure that each contracting officer is thoroughly familiar with all conflict of interest and other employee conduct provisions of the rules of the School of Law and other applicable District laws and regulations.

2503.8 A contracting officer shall report suspected improper or unlawful conduct to the Director of Procurement in accordance with the provisions of §1007 of the D.C. Procurement Regulations.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2504 PROHIBITION AGAINST CONTINGENT FEES

2504.1 A contractor may not offer to pay any fee or other consideration that is contingent on the making of a contract.

2504.2 An employee of the School of Law may not solicit or secure, or offer to solicit or secure, a contract for which the employee is paid or is to be paid any fee or other consideration contingent on the making of the contract between the employee and any other person.

2504.3 Each contract executed on behalf of the School of Law shall contain the following prohibition against contingent fees:

"The contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For any breach or violation of this warranty, the School of Law shall have the right to terminate the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee."

2504.4 Each solicitation issued by the School of Law shall include language giving prospective contractors notice of the prohibition set forth in §2504.3.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2505 CONTRACT REVIEW

2505.1 The Director of Procurement (the "Director") shall perform contract review and approval in accordance with this section.

2505.2 Prior to issuance of the solicitation, the Director shall review each determination and findings ("D&F") justifying procurement on a sole source basis or on the basis of competitive sealed proposals when the contracting officer estimates that the requirement or modification will exceed ten thousand dollars ($10,000).

2505.3 The Director shall conduct a pre-execution review of each of the following:

(a) Emergency procurements;

(b) A proposed award to other than the apparent low bidder in a procurement by competitive sealed bids;

(d) A prospective contractor's claim of a mistake or request to withdraw its bid; and

(e) A proposed contract award on the basis of sole source when the amount is greater than ten thousand dollars ($10,000).

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2506 MINORITY BUSINESS PREFERENCES

2506.1 Each sheltered market procurement shall be made in accordance with the provisions of this section and the provisions of the Minority Contracting Act 1976 (D.C. Code, §1-1141, et seq.).

2506.2 The provisions of chapter 11 of the D.C. Procurement Regulations shall apply to sheltered market procurement by the School of Law, except as otherwise provided in this section.

2506.3 The provisions of §1110 of the DCPR ("District-Based Business Preferences") shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2507 NONDISCRIMINATION

2507.1 Each contract awarded under this chapter shall contain provisions obligating the contractor not to discriminate against any employee or applicant for employment in any way that would constitute a violation of §211 of the District of Columbia Human Rights Act, D.C. Law 2-38, (D.C. Code, §1-2512).

2507.2 Each contract awarded under this chapter shall also obligate the contractor to include in all subcontracts a nondiscrimination clause, as described in §2507.1, except subcontracts for standard commercial supplies or raw materials.

2507.3 The contractor and subcontractor shall agree to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of the nondiscrimination clause in §251 of the District of Columbia Human Rights Act (D.C. Code, §1-2522).

2507.4 Failure to include the required nondiscrimination clause in a contract may render that contract void ab initio at the election of the Director of Procurement (the "Director"). If a contract is cancelled under this subsection, any party shall be entitled to reasonable value of services performed and materials supplied.

2507.5 If a contractor willfully fails to comply with the nondiscrimination provisions in a contract, the Director of Procurement may, while the contract is still executory in part, compel continued performance of the contract, but the School of Law shall be liable only for the actual cost of services performed and materials supplied from the date of willful noncompliance, and profits previously paid by the School of Law under the contract shall be set off against the sums to become due as the contract is performed.

2507.6 If a subcontractor willfully fails to comply with nondiscrimination provisions in a subcontract, the contractor may void the contract and shall be liable only for the actual costs of the services performed and materials supplied.

2507.7 A person with information concerning violations of the requirements of this section shall inform the Director of Procurement. Upon receipt of information of an alleged violation, the Director shall inform the Director of the Office of Human Rights in writing, and request an investigation of the charges.

2507.8 If the Office of Human Rights concludes that the charges are true, the Director shall invoke the remedies set forth in this section, in addition to other remedies or action provided pursuant to title III of the District of Columbia Human Rights Act.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2508 RESERVED

8-A DCMR § 2509 RESERVED

8-A DCMR § 2510 CONTRACT HOTLINE

2510.1 The Director of Procurement (the "Director") shall establish a contract information hotline to provide information on procurement solicitations issued by the School of Law, or shall use the contract information hotline established by the Department of Administrative Services under an agreement for use of the hotline made with the Director, DAS.

2510.2 If the Director of Procurement enters into an agreement with the Director, DAS, for use of the hotline, or if the Director establishes a separate contract information hotline, the following information shall be provided by prerecorded message to callers on the hotline:

(a) The title of the invitation for bid, or other identifying information on the contract;

(b) The nature of the procurement, including whether the procurement is for supplies or services;

(c) A brief description of the type of supplies or services being sought and whether the offer is for spot acquisition or term contract;

(d) The amount of deposit required, if any;

(e) Whether the contract is restricted to the sheltered market or is available to the open market;

(f) The date and time by which bids or requests for proposals must be submitted and the place for submission;

(g) Where and when further information on the contracts may be obtained; and

(h) Any other information the Director of Procurement considers appropriate and practicable.

2510.3 The information described in §2510.2 shall be updated at least once per week as the Director of Procurement considers appropriate and practicable.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2511 MATERIAL MANAGEMENT INFORMATION SYSTEM

2511.1 In accordance with §202(e) of the D.C. Procurement Practices Act of 1985, D.C. Code, §1-1182.2 (the "Act"), the Director of Procurement (the "Director") shall ensure that a material management information system ("MMIS") is established by the School of Law, and that this MMIS is compatible with the reporting system required under §202(d) of the Act, in accordance with rules issued by the Mayor which specify MMIS reporting formats, minimum levels of information, and other data concerning procurement operations and compliance with applicable law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2512 CONTRACT MANAGEMENT AND ADMINISTRATION

2512.1 The provisions of chapter 12 of the D.C. Procurement Regulations shall apply to procurements by the School of Law, except as provided otherwise in this section.

2512.2 All references in chapter 12 of the DCPR to any offices performing contracting functions or contract administration shall be interpreted to mean the Office of the Director of Procurement of the School of Law.

2512.3 The Director of Procurement shall maintain a record listing all bids and proposals made under this chapter. Each bid or proposal file shall be kept for a minimum of five (5) years, and shall contain the following information:

(a) The invitation number;

(b) The bid or proposal opening and closing dates;

(d) The names of bidders or proposers contacted and the nature of the contact, as well as, the names of all bidders or proposers responding; and

(e) The prices bid or proposed.

2512.4 In addition to the requirements of §2512.3, any other information required for bid or proposal evaluation also must be entered into the abstract or record and be available for public inspection upon request.

2512.5 The provisions of §1206.8 of the DCPR shall not apply to procurememt by the School of Law. Wherever the certification of determinations and findings (D&F's) is required under the DCPR, the D&F shall be certified by the Director of Procurement.

2512.6 Procurement planning for the School of Law shall be conducted by the Director of Procurement with the cooperation of the various offices, departments, and other entities of the School of Law.

2512.7 The Director of Procurement is authorized to utilize indirect cost rates established for any contractor by the Director, DAS.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2513 PUBLICIZING CONTRACT ACTIONS

2513.1 The Director of Procurement shall give notice of the solicitation for bids or proposals for each contract with an estimated price of more than ten thousand dollars ($10,000) in accordance with the provisions of §2515 or §2516 of this chapter.

2513.2 The provisions of §§1300.3, 1300.4, 1300.6, and 1300.7 of chapter 13 of the D.C. Procurement Regulations shall apply to procurements by the School of Law.

2513.3 The Director of Procurement shall submit notices of solicitations and awards for contracts over ten thousand dollars ($10,000) to the D.C. Department of Administrative Services for publication in the "District of Columbia Procurement Digest."

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2514 RESERVED

8-A DCMR § 2515 PROCUREMENT BY COMPETITIVE SEALED BIDDING

2515.1 Contracts exceeding ten thousand dollars ($10,000) shall be awarded by competitive sealed bidding unless the Director of Procurement determines one of the following in writing:

(a) Specifications cannot be prepared that permit an award on the basis of either the lowest bid price or the lowest evaluated bid price;

(b) There is only one (1) available source;

(d) There is some other reason in the best interests of the School of Law which is so compelling as to use one of the other authorized methods.

2515.2 The invitation for bids ("IFB") shall state whether an award shall be made on the basis of the lowest bid price or the lowest evaluated bid price. If the lowest evaluated bid price basis is used, objective measurable criteria shall be utilized and those criteria shall be set forth in the invitation for bids.

2515.3 Adequate public notice of the invitation for bids shall be given at a sufficient time before the date set forth in the notice for the opening of bids. In no event shall the notice required in this subsection be less than thirty (30) calendar days for all contracts.

2515.4 The notice required under §2515.3 shall include publication in a newspaper of general circulation, in trade publications considered appropriate by the Director of Procurement, in the "District of Columbia Procurement Digest," or a combination of these publications which, in the opinion of the Director of Procurement, will give adequate public notice.

2515.5 Bids shall be opened publicly at the time and place designated in the invitation for bids. Each bid, with the name of the bidder, shall be recorded and be open to public inspection.

2515.6 The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid will be most advantageous to the School of Law, considering price and other factors.

2515.7 Correction or withdrawal of bids may be allowed only to the extent permitted under the provisions of chapter 15 of the D.C. Procurement Regulations ("DCPR").

2515.8 The Director of Procurement is authorized to utilize solicitation mailing lists established and maintained by the D.C. Department of Administrative Services under agreement with the Director, DAS.

2515.9 The provisions of chapter 15 of the DCPR shall apply to procurements by the School of Law, except as provided otherwise in this section.

2515.10 The provisions of §1518.2 of the DCPR shall not apply to procurement by the School of Law. A copy of the notice of cancellation shall be sent to the Dean of the School of Law within seventy-two (72) hours of the cancellation.

2515.11 An IFB may be cancelled, or all bids rejected, only if the Director of Procurement determines in writing that the action taken is in the best interests of the School of Law.

2515.12 If all bids have been rejected, the contracting officer shall cancel the solicitation. The provisions of §1530.1 of the DCPR requiring a report to the Inspector General shall not apply to procurement by the School of Law. The Director shall notify the Dean of the School of Law within seventy-two (72) hours of the cancellation.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2516 PROCUREMENT BY COMPETITIVE SEALED PROPOSALS

2516.1 When it is determined in writing by the Director of Procurement that the use of competitive sealed bidding is not practical, but that there is more than one (1) available source for the subject of the contract, the contract may be awarded by using competitive sealed proposals.

2516.2 Each request for proposals ("RFP") shall indicate the relative importance of each evaluation factor, including price.

2516.3 Each RFP shall include a statement of work which shall be used as a basis for the evaluation of proposals.

2516.4 Proposals shall be solicited from the maximum number of qualified sources and in a manner consistent with the nature of the need for the supplies or services, with adequate public notice. In no event shall the notice required in this subsection be less than thirty (30) calendar days for all contracts.

2516.5 The notice required under §2516.4 shall include publication in a newspaper of general circulation, in trade publications considered appropriate by the Director of Procurement, in the "District of Columbia Procurement Digest," or any combination of publications which, in the opinion of the Director of Procurement, will give adequate public notice.

2516.6 Any written or oral negotiations shall be conducted with all of the responsible offerors in a competitive range. These negotiations may not disclose any information derived from proposals submitted by competing offerors.

2516.7 If the RFP includes a notice to all offerors, negotiations need not be conducted with respect to the following:

(a) With respect to prices fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;

(b) If time of delivery or performance will not permit negotiations; or

(c) If it can be demonstrated clearly from the existence of adequate competition or accurate prior cost experience with the specific supply or service that acceptance of an initial offer without negotiation would result in a fair and reasonable price.

2516.8 After all approvals required by law or rules and regulations have been obtained, the contract shall be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the School of Law, considering price and the evaluation factors set forth in the RFP.

2516.9 The provisions of chapter 16 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2516.10 The provisions of §1600 of the DCPR are superseded by this section and shall not apply to procurement by the School of Law.

2516.11 The requirement in §1618.8 of the DCPR for reporting a cancelled RFP to the Inspector General shall not apply to procurement by the School of Law. The Director shall notify the Dean of the School of Law within seventy-two (72) hours of the cancellation.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2517 SOLE SOURCE AND EMERGENCY PROCUREMENTS

2517.1 Procurement contracts may be awarded through negotiation without competition when the Director of Procurement (the "Director") or his or her designee determines in writing that one (1) of the following conditions exists:

(a) There is only one (1) source for the required commodity, service, or other item;

(b) The contract is for the purchase of real property or interests in real property;

(c) The contract is with a vendor who maintains a price agreement or schedule with any federal agency, so long the contract with the School of Law does not authorize a price higher than is contained in the contract between the federal agency and the vendor; or

(d) Contracts for the purchase of commodities, supplies, equipment, or services that would ordinarily be purchased on a competitive basis when an emergency has been declared pursuant to this section.

2517.2 The Director may make emergency procurements or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in chapter 17 of the D.C. Procurement Regulations.

2517.3 Emergency procurements shall be made with as much competition as is maximally practicable under the circumstances.

2517.4 A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file which shall be kept in the office of the Director.

2517.5 The Director shall maintain a record listing all contracts entered into pursuant to this section for a minimum of five (5) years. The record shall contain the following:

(a) The contract number;

(b) The name and address of each contractor;

(d) The type of contract; and

(e) A listing of the supplies, services, or other items procured under each contract.

2517.6 The provisions of chapter 17 of the D.C. Procurement Regulations shall apply to sole source and emergency procurements by the School of Law, except as provided otherwise in this section.

2517.7 The provisions of §§1700.1 and 1710.1 of the DCPR are superseded by this section and shall not apply to procurement by the School of Law.

2517.8 The provisions of §1701.3 of the DCPR are superseded by §2505 of this chapter and shall not apply to procurement by the School of Law.

2517.9 For purposes of this section, the amount set forth in §§1702.2 and 1705.1 of the DCPR shall be modified to read "ten thousand dollars ($10,000)."

2517.10 For purposes of this section, the provisions of §1703.2 of the DCPR shall not apply to procurement by the School of Law. Review and approval of sheltered market sole source procurements shall be in accordance with §2505 of this chapter.

2517.11 For purpose of this chapter, the provisions of §1705.2(d) of the DCPR shall be modified to delete the reference to §305(a) of the Act.

2517.12 In addition to the declaration of an emergency by the Mayor under §1710.2 of the DCPR, the use of emergency procurement procedures by the School of Law may be pursuant to the declaration of an emergency condition existing at the School of Law by the Dean or, the Dean's designee in accordance with the criteria set forth in §1710 of the DCPR.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2518 SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES

2518.1 The small purchase procedures under this section may only be used for the procurement of supplies, services, and other items when the total amount of the procurement does not exceed ten thousand dollars ($10,000). The provisions of chapter 18 of the D.C. Procurement Regulations shall apply to procurements by the School of Law, except as provided otherwise in this section.

2518.2 Procurement requirements shall not be parcelled, split, divided, or purchased over a period of time in order to not exceed the dollar limitations for use of the small purchase procedures.

2518.3 The provisions of §1801 of the D.C. Procurement Regulations shall not apply to procurement by the School of Law.

2518.4 A small purchase may only be made on a sole source basis when the contracting officer determines that the requirements for sole source procurement under §2517 of this chapter are met.

2518.5 The Director of Procurement (the "Director") shall designate in writing those persons authorized to make cash purchases from imprest funds in accordance with §1815 of the DCPR. The Director may also set a limit lower than one hundred fifty dollars ($150) on the cash purchase authority of any person designated to use imprest funds.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2519 CONTRACTING FOR SERVICES

2519.1 The provisions of chapter 19 of the D.C. Procurement Regulations shall apply to all contracts for the procurement of services, except as provided otherwise in this section.

2519.2 The provisions of §1925 of the DCPR shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2520 SPECIAL CONTRACTING METHODS

2520.1 Unless restricted in an appropriations act, a contract for supplies, services, or other items may be entered into for periods which extend beyond the fiscal year in which the contract is executed.

2520.2 Before the utilization of a multiyear contract, the Director of Procurement or his or her designee shall determine the following:

(a) That estimated requirements cover the period of the contract and are reasonably firm and continuing; and

(b) That a multiyear contract will serve the best interests of the School of Law, and will encourage effective competition or will otherwise promote economies in procurement by the School of Law.

2520.3 If funds are not appropriated or otherwise made available for the continued performance in a subsequent year of a multiyear contract, the contract for the subsequent year shall be terminated, either automatically or in accordance with the termination clause of the contract, if any.

2520.4 Unless otherwise provided for in the contract, the effect of termination is to dischage both the School of Law and the contractor from future performance of the contract, but not from their existing obligations. The contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

2520.5 The provisions of chapter 20 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2521 REQUIRED SOURCES OF SUPPLIES AND SERVICES

2521.1 Except for the procurement of utility services, or as otherwise authorized under this chapter or by law, the School of Law shall satisfy requirements for supplies and services from or through the sources and publications listed below in descending order of priority:

(a) Existing inventories maintained by the School of Law;

(b) Excess from other District agencies or federal agencies, as long as the excess items are readily available without cost or at a lower cost than any other source;

(c) Existing School of Law requirements contracts or other District requirements contracts which, pursuant to agreement between the Director of Procurement and the Director, DAS, or other District procurement official, include the School of Law as a using agency;

(d) To the extent of the minimums required under the applicable term contract, existing School of Law indefinite quantity contracts or other District indefinite quantity contracts which, pursuant to agreement between the Director of Procurement and the Director, DAS, or other District procurement official, include the School of Law as a using agency;

(e) Procurement lists of products and services available from the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped;

(f) Federal supply schedules, to the extent that the items available meet the minimum requirements of the School of Law and can be obtained at prices lower than can be obtained with a new contract;

(g) D.C. Department of Corrections, Industries Division;

(h) Federal Prison Industries, Inc.; and

(i) Other sources, including open and sheltered market commercial sources, and educational and non-profit institutions.

2521.2 The provisions of chapter 21 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2521.3 The requirements of §2103.1 of the DCPR apply to the Director, DAS, and shall not apply to the Director of Procurement; Provided, that the Director of Procurement shall attempt to obtain information from the Director, DAS, with respect to the availability of supplies and services to the School of Law under District term contracts.

2521.4 The provisions of §2105.2 of the DCPR shall not apply to procurement by the School of Law.

2521.5 Exceptions to requirements for purchasing from handicapped and prison sources under §2112 of the DCPR may be granted by the Director of Procurement, in accordance with the provisions of §2112 of the DCPR.

2521.6 The provisions of §2115 of the DPR shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2522 CONTRACTORS

2522.1 The Director of Procurement may debar a business for cause from consideration for award of contracts or subcontracts by the School of Law. The debarment shall not be for a period of more than three (3) years.

2522.2 The Director of Procurement may suspend a business from consideration for award of contracts if there is probable cause for debarment.

2522.3 Causes for debarment or suspension shall include, but are not limited to, the following:

(a) Conviction of a criminal offense incident to obtaining or any attempt to obtain a public or private contract, or subcontract, or in the performance of the contract or subcontract;

(b) Conviction under District or federal statutes for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity which currently affects the contractor's responsibility as a School of. Law contractor;

(c) Conviction under District, federal, or state antitrust statutes arising out of the submission of bids or proposals; or

(d) Violation of contract provisions of a character that is regarded by the Director to be sufficiently serious to justify debarment action, as follows:

(1) Willful failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;

(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms or conditions of one (1) or more contracts. Failure to perform or unsatisfactory performance caused by acts beyond the control of a contractor shall not be considered to be basis for debarment; or

(3) A false assertion of minority status as defined in the Minority Contracting Act of 1976, D.C. Law 1-95.

2522.4 The Director of Procurement (the "Director") may also suspend or disbar a contractor for any other cause the Director determines to be sufficiently serious and compelling to affect responsibility as a contractor, including debarment by another governmental entity for cause.

2522.5 The Director shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended business involved of its right to judicial review.

2522.6 The decision issued by the Director under §2522.5 shall be final and conclusive unless fraudulent. The filing of a judicial appeal by the debarred or suspended business appeals shall not stay the Director's decision.

2522.7 Unless otherwise indicated in the Director's decision, the debarment or suspension shall also constitute a debarment or suspension of all affiliates of the contractor or subcontractor and businesses in which they have a substantial financial interest.

2522.8 The provisions of chapter 22 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2522.9 The Director of Procurement shall obtain lists of debarred and suspended businesses from the Director, DAS, and shall inform the Director, DAS, of any debarments or suspensions effected by the School of Law, in accordance with §§2210 and 2211 of the DCPR.

2522.10 For purposes of §2212.3 of the DCPR, the decision to terminate a contract pursuant to a debarment or suspension shall be based on reasons set forth in §2537 of this chapter.

2522.11 The requirements of §§2220 through 2222 of the DCPR may be waived under §2222.9 of the DCPR by the Director of Procurement.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2523 DELIVERY AND PERFORMANCE

2523.1 The provisions of chapter 23 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2523.2 The Director of Procurement (the "Director") may inspect the plant or place of business of a contractor or any subcontractor under any contract awarded or to be awarded by the School of Law.

2523.3 The Director of Procurement may undertake an audit of the books and records pertaining to the contract of any of the following:

(a) Any business which has submitted cost or pricing data pursuant to §2533 of this chapter;

(b) Any prime contractor awarded a contract under competitive sealed proposals or a subcontract other than a firm-fixed-price contract; or

(c) Any contractor providing professional services to the School of Law if the contract price exceeds twenty-five thousand dollars ($25,000).

2523.4 Books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the contract and shall be made available within three (3) work days, excluding Saturdays, Sundays, and holidays, to the Director of Procurement upon his or her written request.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2524 TYPES OF CONTRACTS

2524.1 The cost-plus-a-percentage-of-cost contract system of contracting shall not be used by the School of Law.

2524.2 No cost-reimbursement contract may be awarded pursuant to this chapter unless it is determined in writing that the contract is likely to be less costly to the School of Law than any other type of contract, or that it is impracticable to obtain supplies or services of the kind or quality required except under this type of contract.

2524.3 All cost-reimbursement contracts shall contain a provision that only costs determined in writing to be reimbursable by the contracting officer, in accordance with cost principles set forth in §2533 of this chapter and chapter 33 of the DCPR, shall be reimbursable.

2524.4 Subject to the limitations of §§2524.1 and 2524.2 of this section, any type of contract which will promote the best interests of the School of Law may be used.

2524.5 The provisions of chapter 24 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2525 SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS

2525.1 Specifications for the procurement of goods, whenever possible, shall contain standards for energy efficiency.

2525.2 Specifications for the acquisition of all motor fleet and mobile equipment shall include life cycle or total ownership costs among factors to be considered in the evaluation of bids and proposals.

2525.3 The provisions of chapter 25 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2525.4 The Director of Procurement shall be responsible for preparation and revision of standard specifications for supplies, services, and other items procured by the School of Law. The Director is authorized to use specifications developed and issued by the Director, DAS, in accordance with §2500.6 of the D.C. Procurement Regulations, and may modify those specifications as needed to meet the specific needs of the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2526 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

2526.1 The provisions of chapter 26 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section. The provisions of the construction regulations shall apply to non-capital construction, including renovations and major repairs.

2526.2 In all construction contracts estimated to exceed fifty thousand dollars ($50,000), the Director of Procurement (the "Director") shall ensure that contract clauses regarding the following are included:

(a) Termination for the convenience of the School of Law;

(b) Termination for default;

(d) Excuses for nonperformance;

(e) Changes orders;

(f) Differing site conditions from those indicated in the specifications;

(g) Suspension of work; and

(h) Disputes.

2526.3 Each supplemental agreement, change order, or adjustment in contract price shall be subject to prior written approval by the Director of Procurement, who shall certify the availability of funding authority and describe the effect of the modification, change, or adjustment on the project budget or total construction cost.

2526.4 If the certification required under §2526.3 discloses a resulting increase in the project budget or total construction cost, there shall be no modification, change, or adjustment unless sufficient funding authority is made available or the scope of the project is adjusted to permit completion of the project within the project budget.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2527 BONDS, OTHER SECURITY, AND INSURANCE

2527.1 The provisions of chapter 27 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2527.2 A form of bid security, performance bond, and payment bond shall be required for all construction contracts estimated to exceed one hundred thousand dollars ($100,000). The Director of Procurement may require any of these types of security for construction projects that are less than one hundred thousand dollars ($100,000).

2527.3 Bonds or other security shall be payable to the School of Law, shall be executed on forms prescribed by the Director of Procurement, and shall be filed with the Director.

2527.4 The Director of Procurement shall furnish a certified copy of a payment bond or other security to any person making application who submits an affidavit that the person has supplied labor or materials for which payment has not been made, or that the person is being sued on any bond or other security.

2527.5 A certified copy of the bond or other security shall be prima facie evidence of the contents, execution, and delivery of the bond or other security as applicable.

2527.6 Applicants shall pay for the certified copies and the fees set by the Director of Procurement to cover the costs of preparation.

2527.7 Nothing in this section shall prohibit the Director of Procurement from requiring a performance bond or any other type of security, in addition to the types of security described in this section, in circumstances other than those set forth in this section and the DCPR.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2528 SUBCONTRACTING

2528.1 The provisions of chapter 28 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2529 RESERVED

8-A DCMR § 2530 RESERVED

8-A DCMR § 2531 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION

2531.1 Information which has been designated as confidential or proprietary by a business, in accordance with chapter 31 of the D.C. Procurement Regulations, and which has been submitted by that business as part of its response to a procurement solicitation by the School of Law, shall be treated in a confidential manner by the Director of Procurement and all other employees of the School of Law.

2531.2 Information which has been designated as confidential or proprietary by a business and submitted to the School of Law under §2531.1 shall be disclosed only to employees of the School of Law or District government for use in the procurement process and shall not be disclosed to any other person or party without the prior written consent of that business.

2531.3 The provisions of chapter 31 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2532 CONTRACT FINANCING AND FUNDING

2532.1 The provisions of chapter 32 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section and §2538 of this chapter.

2532.2 The references to the filing of an appeal with the Contract Appeals Board in §§3234.6 and 3234.7 of the DCPR with regard to deferment of payment of debts to the School of Law shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2533 CONTRACT COST PRINCIPLES

2533.1 A contractor or offeror shall submit cost or pricing data and shall certify that, to the best of the contractor's or offeror's knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of a mutually determined and specified date, before entering into the following:

(a) Any contract awarded through competitive sealed proposals or through sole source procurement; or

(b) Any change order or contract modification.

2533.2 Each contract, change order, or modification under which a cost and price certificate is required shall contain a provision that the price, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the contractor furnished cost or price information which, as of the date specified in under §2533.1, was inaccurate, incomplete, or not current.

2533.3 The provisions of §§2533.1 and 2533.2 shall not be applicable to contracts for which the price negotiated is based on established catalogue or market prices of commercial items sold in substantial quantities to the general public, or to items or services for which the price is set by law or regulations.

2533.4 The provisions of chapter 33 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2534 RESERVED

8-A DCMR § 2535 RESERVED

8-A DCMR § 2536 CONTRACT MODIFICATIONS

2536.1 The provisions of chapter 36 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2536.2 The provisions of §3600.6 of the DCPR shall not apply to procurement by the School of Law. Review of modifications of contracts shall be in accordance with the provisions of §2505 of this chapter.

2536.3 The provisions of §3604.4 of the DCPR shall not apply to procurement by the School of Law. Cost analysis for contracts shall be made in accordance with the provisions of §2533 of this chapter.

2536.4 The provisions of §3604.6 of the DCPR shall not apply to procurement by the School of Law. Disputes which arise in connection with School of Law contracts shall be resolved in accordance with the provisions of §2538 of this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2537 TERMINATION OF CONTRACTS

2537.1 The Director of Procurement may terminate without liability to the School of Law any contract and may deduct from the contract price or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid in violation of this chapter or the applicable provisions of the D.C. Procurement Regulations, in any of the following circumstances:

(a) The contractor has been convicted of a crime arising out of or in connection with the procurement of any work to be done or any payment to be made under the contract;

(b) There has been any breach or violation of any provision of this act chapter or applicable provisions of the DCPR; or

2537.2 If a contract is terminated pursuant to this section, the contractor may be paid only the actual costs of the work performed to the date of termination, plus termination costs, if any, and shall refund all profits or fixed fees realized under the contract.

2537.3 The provisions of chapter 37 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2537.4 The provisions of §3705.4 of the DCPR shall not apply to procurement by the School of Law. The determination letter required under §3705 of the DCPR shall inform the contractor of any appeal rights and procedures available to the contractor under this chapter.

2537.5 The provisions of §3705.6 of the DCPR with respect to appeal rights under the Procurement Practices Act and chapter 38 of the DCPR shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2538 PROTESTS OF SOLICITATIONS AND AWARDS

2538.1 The provisions of §3800 of the D.C. Procurement Regulations shall not apply to procurement by the School of Law.

2538.2 Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest with the Dean of the School of Law within ten (10) working days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based.

2538.3 On any protest pursuant §2538.2, the Dean shall promptly decide whether the solicitation or award was in accordance with applicable law, regulations, and the terms and conditions of the solicitation.

2538.4 A determination of an issue of fact by the Dean under §2538.3 of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

2538.5 In addition to other relief, except enjoining a contract award, the Dean may order, when a protest is sustained, that the contract awarded under the soliciation be terminated for the convenience of the School of Law. A determination in this regard shall be based on considerations such as the following:

(a) The best interests of the School of Law;

(b) Seriousness of the procurement deficiency;

(d) Maintaining the integrity of the procurement system;

(e) Good faith of School of Law officials and other parties;

(f) Extent of contract performance; or

(g) Impact of termination on the activities and mission of the School of Law.

2538.6 The Dean may, when requested, award reasonable bid or proposal preparation costs, not including legal fees, if he or she finds that the actions of the School of Law toward the protester or claimant were arbitrary and capricious.

2538.7 The Dean shall adopt uniform procedures for exercising the authority under this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2539 CLAIMS AND DISPUTES

2539.1 Disputes arising out of or pertaining to contracts shall be resolved, if possible, in accordance with §§3801.1 through 3801.3 of the DCPR.

2539.2 All claims by the School of Law against a contractor arising under or relating to a contract shall be the subject of an informal hearing and decision by the Director of Procurement (the "Director"), who shall issue the decision in writing, and shall mail or otherwise furnish a copy of the decision to the contractor.

2539.3 The decision shall be supported by reasons and shall inform the contractor of his or her rights as provided in this title. Specific findings of fact are not required, but, if made, shall not be binding in any subsequent proceeding.

2539.4 The provisions of this section shall not apply to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another District government agency is specifically authorized to administer, settle, or determine. Further, this section shall not authorize the Director to settle, compromise, pay, or otherwise adjust any claim involving fraud.

2539.5 The decision of the Director shall be final and subject only to judicial review.

2539.6 Nothing in this section shall prohibit the Director from including a clause in contracts requiring that pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the decision of the Director.

2539.7 Claims by the School of Law against a contractor shall be filed in accordance with §§3802.2 through 3802.5 of chapter 38 of the D.C. Procurement Regulations.

2539.8 All claims by a contractor against the School of Law arising under or relating to a contract shall be in writing and shall be submitted to the Director of Procurement for an informal hearing and decision in accordance with §§3803 through 3806 of the DCPR.

2539.9 The Director of Procurement may appoint a Claims Officers to hear a claim against the School of Law, in accordance with the provisions of §3806 of the DCPR. The Claims Officer shall be an employee of the School of Law.

2539.10 For purposes of this section, all references in chapter 38 of the DCPR to provisions of the D.C. Procurement Practices Act shall be read as references to this section.

2539.11 The Director shall issue a decision on any submitted claim of fifty thousand dollars ($50,000) or less within sixty (60) days from the receipt of a written request from a contractor that a decision be rendered within that period, except as provided otherwise in §3806 of the DCPR.

2539.12 Within ninety (90) days of receipt of a claim over fifty thousand dollars ($50,000), the Director shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor, except as provided otherwise in §3806 of the DCPR.

2539.13 Any failure by the Director to issue a decision on a contract claim within the required time period will be deemed to be a denial of the claim, and will authorize the commencement of a judicial appeal on the claim.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2540 QUALITY ASSURANCE

2540.1 The provisions of chapter 40 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2541 USE OF SCHOOL OF LAW PROPERTY AND SOURCES BY CONTRACTORS

2541.1 The provisions of chapter 41 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2542 FREEDOM OF INFORMATION AND PRIVACY

2542.1 The provisions of chapter 42 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2543 RESERVED

8-A DCMR § 2544 RESERVED

8-A DCMR § 2545 PROCUREMENT TRAINING

2545.1 The provisions of chapter 45 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

2545.2 The Director of Procurement may utilize programs established by the Director, DAS, under chapter 45 of the DCPR to meet the requirements of this section.

2545.3 The provisions of §4500.5 and §4501 of the DCPR shall not apply to procurement by the School of Law.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2546 RESERVED

8-A DCMR § 2547 RESERVED

8-A DCMR § 2548 RESERVED

8-A DCMR § 2549 RESERVED

8-A DCMR § 2550 APPLICATION OF OTHER LAWS TO SCHOOL OF LAW CONTRACTS

2550.1 The contracting officer shall apply the provisions of §§2551 through 2559 in accordance with the requirements of the federal and District laws cited in each section, and regulations promulgated under each law set forth in the cited or applicable sections of the Code of Federal Regulations ("CFR") and the District of Columbia Municipal Regulations ("DCMR").

2550.2 In case of any conflict between the provisions of §§2551 through 2559, or the federal statutes (cited in each section particularly as "this Act") and regulations referenced in each section, and the provisions of this chapter, other applicable provisions of title, and the applicable provisions of the DCPR, the applicable provisions of the federal statute or regulations shall be applied.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2551 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

2551.1 The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Contract Work Hours and Safety Standards Act (Pub.L. 87-581, as amended, 40 U.S.C. §§327-333, also referred to in this section as "this Act") which specifies the requirements of this Act and the regulations issued by the federal government under this Act (48 C.F.R. §22.3).

2551.2 In accordance with this Act and federal acquisition regulations, the contract clause required under this section shall be included in each solicitation or contract when the procurement may require or involve the employment of mechanics or laborers (as defined in this Act and regulations). The clause shall not be included in a solicitation or contract when the procurement is in the following categories:

(a) Any contract for work subject to the provisions of the Walsh-Healey Public Contracts Act and §2552 of this chapter;

(b) Any contract for transportation by land, air, or water, or for the transmission of intelligence;

(d) Any construction contract in the amount of two thousand dollars ($2,000) or less;

(e) Any contract, other than a construction contract, when the total amount of the contract, or orders estimated to be placed under a term contract or blanket purchase agreement for one (1) year after the date of the contract or agreement, is two thousand five hundred dollars ($2,500) or less; or

(f) Other contracts exempt under the federal acquisition regulations (48 C.F.R. §22.3) or under regulations or orders issued by the U.S. Secretary of Labor.

2551.3 The Director of Procurement (the "Director") shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

2551.4 Violations of this Act shall be reported to the Director or to the contracting officer by the contract administrator or other official or inspector of work under a contract.

2551.5 The amount of unpaid overtime wages and liquidated damages owed to the School of Law and unpaid workers under the provisions of this Act shall be determined by the contracting officer.

2551.6 The contracting officer shall ensure that any unpaid overtime wages and liquidated damages required to be withheld under this Act are withheld from payments to the contractor for the use and benefit of unpaid workers.

2551.7 The appeal by a contractor or subcontractor aggrieved by the decision of the contracting officer to withhold any sum under §2551.6 shall be made to the Director, in accordance with the provisions of 40 U.S.C. §330(c). The administrative decision of the Director shall be final.

2551.8 Final orders of the Director under this Act may be appealed to the United States Court of Claims, in accordance with 40 U.S.C. §330(c).

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2552 WALSH-HEALEY PUBLIC CONTRACTS ACT

2552.1 The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Walsh-Healey Public Contracts Act (Act of June 30, 1936, as amended, 41 U.S.C. §§35-45, also referred to in this section as "this Act") which specifies the requirements of this Act and all regulations issued by the federal government under this Act (48 C.F.R. §22.6).

2552.2 If a contract not subject to the provisions of this Act because it is for ten thousand dollars ($10,000) or less is modified to exceed ten thousand dollars ($10,000) in total value, all work performed after the contract is modified shall be subject to this Act.

2552.3 In accordance with this Act and federal acquisition regulations, the contract clause required under this section shall be included in each contract when the procurement is for the manufacture or furnishing of materials, supplies, articles, or equipment in any amount exceeding ten thousand dollars ($10,000), except as provided in §2552.4.

2552.4 The clause required under §2552.3 shall not be included in a contract when a procurement is in any of the following categories:

(a) Any contract for the purchase of supplies, materials, articles, or equipment where the contracting officer is authorized by the express language of a statute to purchase "in the open market";

(b) Emergency procurements under §2517 of this chapter;

(d) Contracts for purchase of farm products processed for first sale by the original producers;

(e) Contracts for purchase of public utility services;

(f) Contracts for supplies manufactured outside the United States, Puerto Rico, or the Virgin Islands;

(g) Contracts for purchase of magazines or periodicals from sales agents or publisher representatives which are to be delivered by the publisher; or

(h) Other contracts exempt under the federal acquisition regulations (48 C.F.R. §22.6) or under regulations or orders issued by the U.S. Secretary of Labor.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2553 CONTRACTOR ELIGIBILITY UNDER THE WALSH-HEALEY ACT

2553.1 As required in §2202 of the D.C. Procurement Regulations, and under the provisions of the Walsh-Healey Public Contracts Act (41 U.S.C. §35, also referred to in this section as "this Act"), the contracting officer shall determine whether a prospective contractor is either a "manufacturer" or a "regular dealer" that is eligible to receive an award of a contract.

2553.2 The contracting officer shall determine contractor eligibility under this section for each solicitation.

2553.3 A prospective contractor's eligibility status as a prime contractor or subcontractor on other contracts subject to this Act shall not be determinative evidence of eligibility for award of a new contract.

2553.4 A prospective contractor shall not be eligible for the award of a contract as a "manufacturer" unless the prospective contractor meets one (1) of the following criteria:

(a) The contractor is an established manufacturer that owns, operates or maintains a factory or other establishment that produces on the premises materials, supplies, articles, or equipment required under the contract which are of the general character described in the specifications; or

(b) The contractor is newly entering into manufacturing activity and has made all of the necessary arrangements and commitments to conduct the manufacturing activity, in accordance with the requirements set forth in 48 C.F.R. §22.606-1(b).

2553.5 Each prospective contractor that is a manufacturer shall be required to show that it is a manufacturer in its own right and that it meets the requirements of the regulations in 48 C.F.R. §22.606-1(c) or that it qualifies as a performer of assembly operations under 48 C.F.R. §22.606-1(d).

2553.6 A prospective contractor shall not be eligible for the award of a contract as a "regular dealer" unless the prospective contractor meets the following criteria:

(a) The contractor has an establishment, or has a leased or assigned space, in which it regularly maintains a stock of the supplies, articles, materials, or equipment in which it claims to be a dealer. If warehouse space is maintained on a "demand" basis, the contractor does not meet the requirements of this paragraph;

(b) The stock maintained is a "true inventory" from which sales are made. Stock that is maintained merely as sample or display items or that consists of surplus items from prior orders, unrelated supplies, or stock maintained for purposes of token compliance with this Act from which few (if any) sales are actually made, does not meet the requirements of this paragraph;

(c) The supplies, materials, articles, or equipment stocked are of the same general character as those to be supplied under the contract;

(d) Sales are made regularly from the stock on a recurring basis, not on an occasional basis or as an exception from the contractor's usual business operations;

(e) Sales of the stock are made to the public (persons or entities other than federal, state, or District agencies) regularly in the usual course of business. This requirement is not met by an intent to sell to the public without actual sales; and

(f) The dealer is an established and going concern. An intent to set up a business does not constitute compliance with this Act.

2553.7 For certain specific products, mostly unmanufactured commodities, (including lumber and timber products, grain, petroleum, raw cotton liners, tea, green coffee, hay and straw, machine tools, agricultural liming products, used automated data processing equipment, speciality advertising products, coal, and uranium products), the contractor may qualify as a "regular dealer" even though it does not physically maintain a stock if the contractor meets the alternate qualifications established by the U.S. Department of Labor (50 C.F.R. §201.101 and 50 C.F.R. §201.604).

2553.8 A "manufacturer" or "regular dealer" that is otherwise qualified under this section may bid, negotiate, and contract through an authorized agent if the agency is disclosed and the agent acts and contracts in the name of the principal, subject to the provisions of §2504 of this chapter.

2553.9 A contract for ten thousand dollars ($10,000) or less to a contractor that does not qualify as a "manufacturer" or "regular dealer" under this Act and the provisions of this section shall not be modified to exceed ten thousand dollars ($10,000) and shall not be subject to any option that would increase the value of the contract to more than ten thousand dollars ($10,000).

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2554 BUY AMERICAN ACT

2554.1 The provisions of the Buy American Act (the Act of March 3, 1933; 41 U.S.C. §10, also referred to in this section as "this Act") shall apply to all manufactured and unmanufactured articles, materials, and other supplies purchased by the School of Law unless the Director of Procurement (the "Director") determines in writing any one (1) of the following:

(a) That the supplies, materials, or other items are not available in sufficient commercial quantities to meet the requirements of the School of Law;

(b) That the cost of an item would be unreasonable;

(d) That the purchase would be otherwise inconsistent with the best interests of the School of Law.

2554.2 The Director shall apply the penalty set forth in §10b of this Act to any contractor found to be in violation of this Act.

2554.3 In each contract for construction, alteration, or repair of any public building, the contracting officer shall insert a clause that requires compliance with this Act by the contractor, subcontractors, materiel men, and suppliers. The Director may approve exceptions to the requirements of this Act with respect to particular articles, materials, or supplies if the Director finds in writing that the specific requirement is impractical or would unreasonably increase the cost of the contract.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2555 SERVICE CONTRACT ACT OF 1965

2555.1 The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the Service Contract Act of 1965 (Pub.L. 89-286, as amended, 41 U.S.C. §§351-358, also referred to in this section as "this Act") which specifies the requirements of this Act for payment of minimum wages, furnishing of fringe benefits, and provision of proper working conditions.

2555.2 In accordance with this Act and federal regulations (29 C.F.R. §4.1), the contract clause required under this section shall be included in each solicitation and contract when the principal purpose of the procurement is furnishing of services in the United States through the use of service employees. The clause shall not be included in a solicitation or contract when the procurement is in the following categories:

(a) Any contract when the total amount of the contract, including any modifications or options, is two thousand five hundred dollars ($2,500) or less; or

(b) Any contract for construction, alteration, or repair (including painting and decorating) of any public building or public work;

(d) Any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934 (47 U.S.C. §151 et seq.);

(e) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway, or oil or gas pipeline where published rates are in effect; or

(f) Any contract for public utility services.

2555.3 The Director shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

2555.4 Violations of this Act shall be reported to the contracting officer by the contract administrator or other District official or inspector of work under a contract. The contracting officer make a full report of the violations to the Director, including an accounting of funds due and a recommendation for withholding payments to the contractor to cover any underpayment of compensation, refunds, or rebates.

2555.5 When a violation is reported to the Director, the Director shall take actions required under federal regulations to pursue enforcement of this Act by the U.S. Secretary of Labor, and shall ensure that funds are withheld and paid into a deposit account, in accordance with the regulations and procedures established by the U.S. Secretary of Labor.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2556 DAVIS-BACON ACT

2556.1 The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Davis-Bacon Act (Act of March 3, 1931, as amended, 40 U.S.C. §276a, also referred to in this section as "this Act") which specifies the requirements of this Act for payment of minimum wages to various classes of mechanics and laborers, place and frequency of payments, and posting of scales of wages on the worksite.

2556.2 In accordance with this Act and federal regulations (48 C.F.R. §22.4 and 29 C.F.R. §5.1), the contract clause required under this section shall be included in each solicitation or contract in excess of two thousand dollars ($2,000) when the procurement is for construction, alteration, or repair (including painting and decorating) of any public buildings or public works in the United States.

2556.3 The Director shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

2556.4 Violations of this Act shall be reported to the contracting officer by the contract administrator or other official or inspector of work under a contract. The contracting officer make a full report of the violations to the Director, including an accounting of funds due and recommendation for withholding of payments to the contractor to cover any underpayment of compensation, refunds, or rebates.

2556.5 When a violation is reported to the Director, the Director shall take action to pursue enforcement of this Act including, in the discretion of the Director, suspension or termination of work by the contractor and withholding of payments to the contractor, in accordance with applicable federal regulations and procedures.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2557 CLEAN AIR ACT AND CLEAN WATER ACT

2557.1 The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Clean Air Act (Pub. L. 90-148, as amended, 42 U.S.C. §7401 et seq.) and the federal Clean Water Act (Act of June 30, 1948, as amended, 33 U.S.C. §1251 et seq.) which specifies the requirements of those Acts.

2557.2 In accordance with the Clean Air Act, Clean Water Act, and federal regulations (48 C.F.R. §23.1 and 40 C.F.R. §15), the contract clause required under this section shall be included in each solicitation or contract in excess of one hundred thousand dollars ($100,000) and each term contract when the contracting officer estimates that the amount to be ordered under the term contract in any year under the contract will exceed one hundred thousand dollars ($100,000).

2557.3 The Director shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2558 ENERGY POLICY AND CONSERVATION ACT

2558.1 Whenever the results would be meaningful, practical, and consistent with programs and needs, the contracting officer shall apply the energy conservation and efficiency criteria established by the U.S. Secretary of Energy under the Energy Policy and Conservation Act (Pub. L. 94-163, as amended; 42 U.S.C. §6201 et seq., also referred to in this section as "this Act").

2558.2 When preparing solicitations or evaluating proposals, the contracting officer shall consider the energy conservation and the efficiency criteria set forth in this Act and regulations promulgated by the Secretary of Energy under 42 U.S.C. §6293 and 42 U.S.C. §6295(c).

2558.3 When acquiring consumer and commercial products covered under this Act, the contracting officer shall consider energy use and efficiency labels and applicable energy efficiency standards promulgated under this Act and implementing federal regulations.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2559 NOISE CONTROL ACT OF 1977

2559.1 The contracting officer shall include a clause in each solicitation and contract which requires compliance with the provisions of the D.C. Noise Control Act of 1977 (D.C. Law 2-53, 20 DCMR §3000 et seq.) and the regulations set forth in Title 20 DCMR. The clause shall clearly state that the requirements of the clause are applicable to both contractors and subcontractors.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-A DCMR § 2599 DEFINITIONS

2599.1 In addition to the definitions set forth in the applicable chapters of the D.C. Procurement Regulations (except where those definitions are superceded by the provisions of this section), when used in this chapter or in the provisions of the DCPR adopted under this chapter, the folllowing terms and phrases shall have the meanings ascribed:

Acquisition - the obtaining by contract of property, supplies, and services (including construction) by and for the School of Law through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated, and includes establishment of needs, the description of requirements to satisfy needs, the solicitation of sources, award of contracts, contract financing, contract administration and performance, and those technical and management functions directly related to the process of fulfilling School of Law needs by contract.

Best interests of the School of Law - courses of action that result in the most favorable position within the market for goods and services, or will maximize the achievement of other policies of the School of Law, as expressed in the rules and policies of the Board of Governors or other existing laws.

Bid bond - a form of security assuring that the bidder will not withdraw a bid within the period specified for acceptance and will execute a written contract within the time specified in the bid.

Bond - a written instrument executed by a contractor (principal) and a second party (surety or sureties) to assure the fulfillment of the contractor's obligations to a third party (an obligee or the School of Law). If the principal's obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.

Business - any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

Competitive bidding - the offer of prices by individuals or firms competing for a contract, privilege, or right to supply any specified services or materials.

Competitive sealed proposals - a process which includes the submission of sealed written technical and price proposals from two (2) or more sources and a written evaluation of each proposal in accordance with evaluation criteria which consider price, quality of the items, performance, and other relevant factors.

Construction - the process of building, altering, repairing, or improving any public structure or building, or other public improvements of any kind to any public real property. The term "construction" does not include the operation or routine maintenance of existing structures, buildings, or real property. Further, the term "construction," when applied to the School of Law, shall not include capital construction.

Contract - all types of mutually binding agreements covered by this chapter, which, except as otherwise authorized, are in writing.

Contract modification - a written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. The term "contract modification" includes actions such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

Contracting officer - The Director of Procurement of the School of Law or any official who is vested with the authority to execute contracts on behalf of the School of Law which may be subject to review by the Director for compliance with provisions of this chapter.

Contractor - any person that enters into a contract with the School of Law.

Cooperative purchasing - means procurement conducted by the School of Law with, or on behalf of, a neighboring jurisdiction.

Cost-plus-incentive-fee contract - a type of contract that specifies a target cost, a target fee, minimum and maximum fees, and a fee adjustment formula.

Cost-reimbursement contract - a contract under which the School of Law reimburses the contractor for those contract costs, within a stated ceiling, which are recognized as allowable and allocated in accordance with cost principles, and a fee, if any.

Data - recorded information, regardless of form or characteristics.

Designee - a duly authorized representative of a person holding a superior position.

Director - The Director of Procurement of the School of Law.

Director, DAS - the Director of the Department of Administrative Services, established by Mayor's Order 84-52, dated March 2, 1984.

Employee - an individual receiving a salary from the School of Law, whether elected or not, and any nonsalaried individual performing personal services for the School of Law.

Established catalogue price - the price included in the most current catalogue, price list, schedule, or other form that is regularly maintained by the manufacturer or supplier of an item; is either published or otherwise available for inspection by customers; states prices at which sales are currently or were last made to a significant number of buyers constituting the general public for that item; and states discontinued prices at which sales are currently or were last made to state, local, or federal agencies.

Evaluated bid price - the dollar amount of a bid after bid price adjustments are made under objective criteria, set forth in the invitation for bid, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.

Excess supplies - any supplies other than expendable supplies having a remaining useful life but which are no longer required by the using agency.

Expendable supplies - all tangible supplies other than nonexpendable supplies.

Fixed-price contract - a contract where the price is not subject to any adjustment on the basis of the contractor's cost experience in the performance of the contract.

Fixed-price-incentive contract - a contract that provides for adjusting profit and establishes the final contract price by a formula based on the relationship of final negotiated price to total target cost. The final price is subject to a target ceiling that is negotiated at the outset.

Invitation for bids - all documents, whether attached or incorporated by reference, utilized for soliciting bids pursuant to §2515.

Negotiation - contracting by either the method set forth in §§2516 or 2517.

Nonexpendable supplies - all tangible supplies having an original acquisition cost of over one hundred dollars ($100) per unit and a probable useful life of two (2) years or more.

Payment bond - a bond to assure payment, as required by law, to all persons supplying labor or material in the performance of the work provided in the contract

Performance bond - a bond to secure performance and fulfillment of the contractor's obligations under the contract.

Person - any business entity, individual, union, committee, club, or other organization or group of individuals.

Procurement - acquisition.

Procurement request - a document which requests that a contract be obtained for a specified need, and may include, but is not limited to, the technical description of the requested items, delivery schedule, transportation criteria for evaluation of solicitees, suggested sources of supply, and information supplied for the making of any required written determination and finding.

Request for proposals - all documents, whether attached or incorporated by reference, utilized for soliciting proposals pursuant to §2516.

Responsible bidder or offeror - a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

Responsive bidder - a person who has submitted a bid which conforms in all material respects to the invitation for bids.

Services - the rendering, by a contractor, of its time and effort rather than the furnishing of a specific product other than reports which are merely incidental to the required performance of services.

Sole source - where a single source in a competitive marketplace can fulfill the specifications of a contract or is found, for a justifiable reason, to be most advantageous to the School of Law for the purpose of contract award.

Source selection - the process of soliciting a bidder or offeror for the awarding of a contract.

Specification - any description of physical or functional characteristics, or of the nature of a supply, service or other item. The term "specification" may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

Supplemental agreement - any contract modification which is accomplished by the mutual action of the parties.

Supplies - all property subject to this chapter.

Surety - a business legally liable for the debt, default, or failure of a principal to satisfy a contractual obligation.

Term contract - a contract established for a period of time for bulk purchase of certain common-use items.

History

SOURCE: Final Rulemaking published at 35 DCR 5822 (July 29, 1988).

8-B UNIVERSITY OF THE DISTRICT OF COLUMBIA

8-B1 BOARD OF TRUSTEES

8-B DCMR § 100 COMPOSITION AND AUTHORITY

100.1 The composition of the Board of Trustees of the University of the District of Columbia (also referred to in this title as the "Board of Trustees" or the "Board"), the manner in which the members are appointed, removed, qualifications for holding office, and the terms of office of members of the Board are established in D.C. Official Code §§ 38-1202.01, 38-1202.03 (2001 ed.); and the authority, powers and duties of the Board are established in D.C. Official Code §§ 38-1202.01, 38-1202.06 (2001 ed.).

100.2 In accordance with D.C. Official Code, § 38-1204.01 (2001 ed.), official acts of the Board shall only be taken when a quorum is present. All official acts of the Board shall be taken while the Board is in public session, unless otherwise authorized by law.

100.3 The University of the District of Columbia is an independent agency of the government of the District of Columbia, and the chief executive officer of the University established under D.C. Official Code § 38-1202.06(10) (2001 ed.) is the President of the University. The components of the University include the flagship component of the University of the District of Columbia, the Community College of the District of Columbia, the David A. Clarke School of Law, and other components as may be established by the Board.

100.4 In addition to establishing a new or modified policy, directive, or other decision, an official act of the Board shall operate to repeal any prior inconsistent act of the Board, and shall rescind any prior custom or practice of the University that is inconsistent with the official act.

100.5 With respect to the University, whenever the laws, regulations, or rules of the District of Columbia confer authority on, establish the duties of, or otherwise refer to the "head of an agency, " that term shall mean and apply to the Board of Trustees.

100.6 Unless otherwise provided, references in this chapter to action by the Board shall mean action by a majority vote of the Board at a duly constituted meeting.

100.7 No individual Trustee or Trustees shall have the power to act on behalf of the Board or University, or to bind the Board or University, unless specifically authorized by the Board, this title, or law.

100.8 The official acts of the Board of Trustees shall be recorded in the minutes of the meetings of the Board.

100.9 Pursuant to section 408 of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code §§ 2-571, et seq. (2011 Supp.)):

(a) All meetings of the Board, whether or not open to the public, shall be recorded by electronic means; provided, that if a recording is not feasible, detailed minutes of the meeting shall be kept; and

(b) Copies of records shall be made available for public inspection according to the following schedule:

(1) A copy of the minutes of a meeting shall be made available for public inspection as soon as practicable, but no later than three (3) business days after the meeting; and

(2) A copy of the full record, including any recording or transcript, shall be made available for public inspection as soon as practicable, but no later than seven (7) business days after the meeting.

100.10 The President shall ensure that a copy of the minutes of each meeting is electronically or manually delivered to each member of the Board.

History

SOURCE: Final Rulemaking published at 39 DCR 2297 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131 (July 16, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 7510 (August 19, 2011).

8-B DCMR § 101 OFFICERS OF THE BOARD

101.1 In accordance with D.C. Official Code § 38-1202.01 (2001; 2011 Supp.), the Board shall annually elect from among its members a Chairperson and a Vice Chairperson. In addition, the Board shall also annually elect from among its members a Secretary and a Treasurer. The Chairperson shall be elected prior to the other officers.

101.2 The term of each officer shall be one year, beginning on May 15 of each year and ending at midnight on May 14 of the following year.

101.3 The annual election of officers of the Board shall be conducted at the regular meeting of the Board of Trustees held in the month of April of each year. If no regular meeting is held in April, the election shall be conducted at a special meeting of the Board held prior to May 15th. The officers elected shall take office in accordance with § 101.2 of this section.

101.4 The nomination of one Board member is required to be a candidate for officer, but a trustee may nominate himself or herself.

101.5 Officers shall be elected by a majority vote of the Board, taken in public session.

101.6 An officer may be re-elected, but shall not serve beyond his or her term as a member of the Board.

101.7 REPEALED

History

SOURCE: Final Rulemaking published at 39 DCR 2297 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6132 (July 16, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 7510, 7511 (August 19, 2011).

8-B DCMR § 102 VACANCY IN OFFICES OF THE BOARD

102.1 When the office of Chairperson, Vice Chairperson, Secretary, or Treasurer becomes vacant for any reason, the Board of Trustees shall hold a special election to fill the vacant office. Such special election shall be held in the same manner as a regular election under § 101 of this chapter.

102.2 The special election under § 102.1 shall be held at the next regular meeting of the Board or at any special meeting of the Board held prior to the next regular meeting.

102.3 The Board member elected to fill a vacant office shall serve the remainder of the unexpired term of office.

History

SOURCE: Final Rulemaking published at 39 DCR 2298 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6132 (July 16, 2010).

8-B DCMR § 103 DUTIES OF OFFICERS OF THE BOARD

103.1 The Chairperson shall preside and may vote on and enter into the discussion of any item of business at all regular meetings of the Board, special or emergency meetings of the Board, and meetings of the Committee of the Whole.

103.2 Except for the Committee of the Whole, the Chairperson shall not be the chairperson of any standing committee or ad hoc committee. In addition, the Chairperson may be a member of any committee, and shall be a non-voting ex officio member of all standing and ad hoc committees.

103.3 The Chairperson, in consultation with the Board, shall appoint the Chairperson and members of all standing committees and ad hoc committees established by the Board.

103.4 Whenever a vacancy occurs on a committee that reduces the committee to less than three committee members, the Chairperson shall promptly appoint a new committee member.

103.5 The Chairperson shall appoint the chairperson and members of Board committees in accordance with this Section and Section 110.

103.6 Subject to Sections 100.2 and 116 of this chapter, the Chairperson shall be the official spokesperson of the Board when the Board is not in session.

103.7 The Chairperson shall perform other duties as may be authorized by this title, the Board of Trustees, or by the laws of the District of Columbia.

103.8 The Vice Chairperson shall assume the duties and privileges of the Chairperson in the absence of or at the request of the Chairperson. In the absence of both the Chairperson and the Vice Chairperson, the Secretary shall assume the duties of the Chairperson. In the absence of the Chairperson, Vice Chairperson, and Secretary, the Treasurer shall assume the duties of the Chairperson.

103.9 The Secretary may affix the corporate seal of the Board of Trustees and, at the request of the Chairperson, may sign official Board correspondence and attest to the official acts of the Board.

103.10 The Treasurer shall chair the Board committee with jurisdiction over budget and financial matters.

103.11 The Chairperson in consultation with the President may adjust as necessary the schedule of regular meetings for the Board and shall require the chairpersons of standing committees to establish a schedule of regular meetings for their committees.

History

SOURCE: Final rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3413 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6133 (July 16, 2010).

8-B DCMR § 104 ADMINISTRATIVE SUPPORT

104.1 The President shall act as custodian of the official records of the Board. With the Secretary of the Board, the President shall certify and maintain the minutes of the Board, may attest to all official acts of the Board, and with the approval of the Board, shall conduct and supervise the daily business of the Board at the direction of the Chairperson.

104.2 At the direction of the Chairperson, the President shall facilitate meetings of the Board and its committees and shall publish agendas and public notices for the Board meetings as required by this chapter.

104.3 At least five (5) business days prior to each regular meeting of the Board, the President shall electronically or manually deliver to each Trustee an agenda approved by the Chairperson that lists all substantive matters upon which action is to be taken at the meeting.

104.4 The President shall cause a verbatim record to be created of every meeting of the Board and the standing committees of the Board.

104.5 The President shall in consultation with the Board appoint one (1) or more persons to assist in carrying out Board support functions and responsibilities set forth in this chapter. That person(s) shall report directly to the Board on Board related matters.

104.6 REPEALED

104.7 Official correspondence of the Board of Trustees shall be conducted through the President of the University. Official correspondence from the Board of Trustees to the University community shall be forwarded by the Chairperson of the Board through the President of the University. The President shall disseminate such correspondence as directed by the Chairperson.

History

SOURCE: Final rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3413 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6134 (July 16, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 7510, 7511 (August 19, 2011).

8-B DCMR § 105 MEETINGS OF THE BOARD OF TRUSTEES

105.1 The Board Chair may appoint the General Counsel or other University official or other person to be the parliamentarian and advise the Chair.

105.2 The University General Counsel shall be available to the Board at regular Board meetings including executive sessions to provide independent legal counsel to the Chairperson and other members of the Board.

105.3 The University General Counsel shall upon the request of a Committee Chair make himself or herself available for independent counsel at committee meetings. Should the General Counsel not be available he or she may with reasonable notice to the committee chair send an assistant General Counsel.

105.4 Meetings of the Board of Trustees shall be held in the District of Columbia in accordance with D.C. Official Code § 38-1204.01 (2012 Repl.) and shall be called or scheduled as follows:

(a) Regular Meetings. In accordance with D.C. Official Code § 38-1204.01 (2012 Repl.) the Chairperson or a majority of the members of the Trustees may convene a meeting. Regular meetings of the Board shall be based upon a schedule established by the Chairperson or majority of the members of the Board in consultation with the President. The Board shall conduct at least four (4) regular meetings each year.

(b) Special Meetings. Special meetings of the Board shall be called by the Chairperson, or by a majority of the members of the Board. In the case of a meeting called by the Chairperson or a majority of the members of the Board, the Chairperson or majority shall notify the President in writing not less than forty-eight (48) hours prior to the meeting of the time and place of the meeting.

(c) Emergency Meetings. The Chairperson may call an emergency meeting of the Board by notifying the President as promptly as possible of the nature of the emergency, and the purpose, time, and place of the meeting.

105.5 Notice of Meetings. The President shall give timely notice of all meetings of the Board to the public and to all members of the Board, and such notice shall contain the time, date and location of the meeting, and the purpose or agenda of the meeting. If an executive session is to be held, notice shall include, if feasible, a statement of intent to conduct the executive session, including citations to the reason for closure under § 105.12(c), and a description of the matters to be discussed.

(a) Timely Notice. As used in this subsection, timely notice means that notice must be transmitted with sufficient time to allow the members of the Board and the public to learn of, review, prepare and attend the meeting. The President shall give notice of all meetings not less than five (5) business days prior to any regular meeting, three (3) business days for any special meeting or regularly scheduled committee meeting, and one (1) business day for emergency meetings.

(b) Manner of Notice to Members of the Board. Notice to the members of the Board shall be in writing, preferably by electronic mail to each member at an electronic mail address designated by the member. For regular and special meetings of the Board and regularly-scheduled Committee meetings of the Board, the President shall include the agenda of the meeting including all supporting documentation necessary to be considered prior to taking official action. For emergency meetings, notice shall include the purpose(s) for which the meeting is being called and should be accompanied by supporting documentation when possible.

(c) Manner of Notice to the Public. Notice to the public shall be made in a manner calculated to inform the University community and interested members of the public of the meeting. Pursuant to section 406(2) of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-576(2) (2011 Supp.)), minimum notice shall include posting:

(1) In a University building or location that is readily accessible to the public; and

(2) On the University website.

(d) In addition to providing notice as described in paragraph (c), notices of all meetings shall be published in the District of Columbia Register as timely as practicable.

105.6 Meeting Agendas. Except as provided by this chapter, the only items to be discussed or considered at any meeting of the Board shall be the items contained on the meeting agenda. The agenda for meetings of the Board shall be established as follows:

(a) Regular Meetings. The agenda of every regular meeting of the Board shall include (i) presentation and approval of the minutes of prior meetings of the Board; (ii) a report of the Chairperson of the Board, which may include items for the information of the Board, items for referral to Board committees, and items requiring official action by the Board; (iii) a report of the President, which may include items for the information of the Board, items for referral to Board committees, and items requiring official action by the Board; (iv) a report from each standing and ad hoc committee of the Board, which may include recommendations for official action by the Board and items for the information of the Board; (v) provision of time for any member to present new business for information or committee referral, provided that such items shall not be added to the agenda for action except in accordance with Section 105.8.

(b) Special Meetings. The agenda of a special meeting shall include only the matters stated on the notice of the meeting.

(c) Emergency Meetings. The agenda of an emergency meeting shall include only the matters stated on the notice of the meeting. No items for action by the Board may be added to the emergency meeting.

105.7 Items Not on the Agenda. Items not on the agenda for a meeting of the Board of Trustees may be added to the agenda in accordance with this section. Items not added to the agenda must be added to the agenda of a later meeting, or referred to the appropriate committee for consideration.

(a) Regular Meetings. The Chairperson may introduce any item for information, referral, or action by the Board provided that there is a second from another member. Any other member of the Board may introduce any item for information or action by the Board upon a motion approved by a majority of the Board.

(b) Special Meetings. Members of the Board may introduce any item for information, referral, or action only upon waiver of the rules of order as defined in section 108.

105.8 Consideration of Agenda Items. Consideration of agenda items shall begin when the Chairperson calls the item to the floor for consideration. An item added to the agenda in accordance with Section 105.7 shall be considered after the business on the published agenda.

105.9 Committee Consideration of Agenda Items. Each matter coming before the Board should first be referred to the appropriate committee by the Board Chairperson; however, (a) actions on emergency basis shall not require committee consideration prior to the Board taking action; and (b) upon written explanation to the Chair, the Board may, by majority vote, place any item on the agenda for a regular or special meeting which has not been referred by committee.

105.10 Quorum and Voting

(a) A majority of the voting members serving on the Board of Trustees shall constitute a quorum in accordance with D.C. Official Code § 38-1204.01(b) (2001; 2011 Supp.). No official action may be taken at a meeting or executive session unless a quorum is physically present except as provided by § 105.10(b) of this section. All meetings of the Board of Trustees shall be held in the District of Columbia.

(b) A quorum at an emergency or special meeting where notice is received less than five (5) days prior to the meeting may be established by the presence of a majority of the voting members of the Board participating in person or by telephone, video, or internet. Notwithstanding this section Board members shall make every reasonable effort to be physically present at all Board meetings.

(c) At any Board or Committee meeting at which any Trustee appears by telephone, video, or internet, the telephone, video, or internet connection must provide for clear two-way voice communications that can be heard by the Board members, and:

(1) Reasonable arrangements must be made to accommodate the public’s right to attend the meeting;

(2) The meeting must be recorded; and

(3) All votes must be taken by roll call.

(d) All Board members including the Chair of the Board of Trustees, Chair of standing committees or ad hoc meetings may participate remotely by telephone, electronic video or internet medium during an emergency declaration issued by Board of Trustees Executive Committee or other public emergency declaration. The Chair of the Board of Trustees may unilaterally issue such emergency declaration and authorize the convening of meetings remotely by telephone, electronic video or internet medium subject to subsequent ratification of the emergency declaration by the Executive Committee.

(e) Unless otherwise provided, any official act of the Board shall be by vote of a majority (more than half (1/2) the Board members) of the voting Board members present after the establishment of a quorum.

(f) An action required by this title to be by an absolute majority of the Board shall mean an affirmative vote of a majority of the entire voting membership of the Board, regardless of meeting attendance or abstentions.

105.11

(a) Fiscal Impact Statements. All resolutions coming before the Board, other than ceremonial resolutions, shall be submitted with a statement of the statement setting forth (1) the administration’s assessment of costs or savings to the University of the program or policy contained therein, (2) the criteria upon which the assessment is based, and (3) the certification of the Managing Director of Finance that funds are available to implement the resolution.

(b) Risk Assessment Statements. All resolutions coming before the Board, other than ceremonial resolutions, shall contain an assessment of potential business or financial risk to the University. This risk assessment shall include, as a minimum, (1) a projection of costs and/or net saving to the university as a result of the resolution, (2) the benefit(s) anticipated, (3) a certification by the managing Director of Finance that funds are available to implement the resolution, and (4) a risk mitigation strategy. The Board may waive this requirement by majority vote.

105.12 Executive Session. The Board may enter executive session as provided in paragraph (a) to discuss or take action on matters specified in paragraph (c).

(a) An executive session:

(1) May be placed on the agenda of any meeting of the Board;

(2) The Board shall not enter into executive session until the members meet in public session and vote in favor of entering executive session; and

(3) The Chairperson shall make a statement providing the reason for entering executive session, including a citation from paragraph (c) of this section, and the subjects to be discussed. A copy of the roll call vote and the statement shall be provided in writing and made available to the public.

(b) The only persons permitted to attend or listen to executive session shall be the members of the Board; however the Board may, upon motion and second, admit other persons to an executive session. Executive session shall be recorded pursuant to § 100.9; provided that pursuant to section 408 of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-578 (2011 Supp.)), recordings and minutes may be withheld from public disclosure under the standards established for executive session in paragraph (c).

(c) Pursuant to section 405(b) of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350;D.C. Official Code § 2-575(b) (2011 Supp.)), the Board may enter executive session for the following reasons, or as otherwise permitted by applicable law:

(1) A law or court order requires that a particular matter or proceeding not be public;

(2) To discuss, establish, or instruct the public body’s staff or negotiating agents concerning the position to be taken in negotiating the price and other material terms of a contract, including an employment contract, if an open meeting would adversely affect the bargaining position or negotiating strategy of the public body;

(3) To discuss, establish, or instruct the public body’s staff or negotiating agents concerning the position to be taken in negotiating incentives relating to the location or expansion of industries or other businesses or business activities in the District;

(4) To consult with an attorney to obtain legal advice and to preserve the attorney-client privilege between an attorney and a public body, or to approve settlement agreements; provided, that, upon request, the public body may decide to waive the privilege. Nothing herein shall be construed to permit a public body to close a meeting that would otherwise be open merely because the attorney for the public body is a participant;

(5) Planning, discussing, or conducting specific collective bargaining

negotiations;

(6) Preparation, administration, or grading of scholastic, licensing, or qualifying examinations;

(7) To prevent premature disclosure of an honorary degree, scholarship, prize, or similar award;

(8) To discuss and take action regarding specific methods and procedures to protect the public from existing or potential terrorist activity or substantial dangers to public health and safety, and to receive briefings by staff members, legal counsel, law enforcement officials, or emergency service officials concerning these methods and procedures; provided, that disclosure would endanger the public and a record of the closed session is made public if and when the public would not be endangered by that disclosure;

(9) To discuss disciplinary matters;

(10) To discuss the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of government appointees, employees, or officials;

(11) To discuss trade secrets and commercial or financial information obtained from outside the government, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained;

(12) To train and develop members of a public body and staff;

(13) To deliberate upon a decision in an adjudication action or proceeding by a public body exercising quasi-judicial functions; and

(14) To plan, discuss, or hear reports concerning ongoing or planned investigations of alleged criminal or civil misconduct or violations of law or regulations, if disclosure to the public would harm the investigation.

(d) At the conclusion of the executive session, or at the next meeting of the Board following the occurrence of an executive session, the Chairperson shall announce that an executive session was held, and state that all matters acted upon in executive session were proper. If a member of the Board objects to the Chairperson’s statement, the Board shall vote to confirm the validity of the executive session. If a majority fails to confirm the validity of the executive session, any action taken in executive session shall be deemed void.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3414 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6134 (July 16, 2010); as amended by Final Rulemaking published at 58 DCR 7510, 7511 (August 19, 2011); as amended by Final Rulemaking published at 63 DCR 384 (January 8, 2016); as amended by Final Rulemaking published at 67 DCR 8462 (July 10, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 105

8-B DCMR § 106 MEETINGS OF THE BOARD OF TRUSTEES: SPECIAL MEETINGS

106.1 The Chairperson of the Board of Trustees may call a special meeting of the Board by informing the President in writing of the purpose of the special meeting not less than forty-eight (48) hours prior to the meeting.

106.2 In accordance with D.C. Code, §31-1531, a majority of the members of the full Board may call a special meeting of the Board by informing the President in writing of the purpose of the special meeting not less than forty-eight (48) hours prior to the meeting.

106.3 Upon receipt of the written call for a special meeting, the President shall inform the members of the Board and the public in writing, and where feasible, electronically, of the time, place, and purpose of the special meeting as stated in the written call.

106.4 The President shall also give notice to the public of a special meeting by posting notice in a public place and informing the press and media of the time, place, and purpose of the meeting.

106.5 The agenda of a special meeting shall include only those items set forth in the notice of the purpose of the meeting. Items not on the agenda may be added for information, referral, or action under a waiver of the rules of order.

History

SOURCE: Final rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3414 (April 13, 2001).

8-B DCMR § 107 MEETINGS OF THE BOARD OF TRUSTEES: EMERGENCY MEETINGS

107.1 The Chairperson of the Board of Trustees may call an emergency meeting of the Board by informing the President in writing of the nature of the emergency and the purpose of the meeting.

107.2 Upon the request of a call for an emergency meeting, the President shall inform the members of the Board of the time, place, nature of the emergency, and purpose of the emergency meeting.

107.3 The President shall also give notice to the public of an emergency meeting by posting notice in a public place and informing the press and media of the time, place, and purpose of the meeting.

107.4 The agenda of an emergency meeting shall include only those items set forth in the notice of purpose of the meeting. No items for action by the Board may be added to the agenda of an emergency meeting.

107.5 Prior to taking action on the agenda items at an emergency meeting, the majority of the Board members present after the establishment of a quorum shall ratify the declaration of an emergency.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 108 CONDUCT OF MEETINGS OF THE BOARD OF TRUSTEES

108.1 Debate and proceedings of the meetings of the Board shall be governed by the provisions of this section. Where this section is silent, the meetings of the Board shall be governed by the latest edition of Robert’s Rules of Order. The provisions of this section, and the rules or order, may be waived by a majority vote of Trustees present.

108.2 Each proposed action by the Board shall be considered in the form of a motion or resolution. The adoption of a formal resolution shall not be necessary unless the particular action requires it.

108.3 Oral motions (other than procedural or technical motions) may be reduced to writing and read into the record before the final vote.

108.4 Debate on Agenda Items. Once the Chair brings an agenda item to the floor, the members shall commence debate and discussion. A member who wishes to speak shall ask to be recognized by the Chair, and members shall be recognized in the order in which he or she ask to be recognized.

108.5 Limiting Debate. Upon a motion that has been seconded, the Chair shall impose time limits on discussion and debate; provided that each member wishing to speak shall be allotted an equal amount of time. The Chair may allow additional rounds of debate following the expiration of the time limits.

108.6 Concluding Debate. Once debate has concluded, or once debate has expired in accordance with part (3) of this subsection, the Chair shall call the question, and the members shall vote upon the agenda item.

108.7 Any proposed action that has been provided to Board members in the form of a written recommendation or motion (before or during a meeting of the Board), including the minutes of a prior meeting of the Board, may be acted upon without reading lengthy material accompanying the motion or recommendation into the record, at the discretion of the chair. If the motion is adopted, the accompanying material shall be included in the record.

108.8 The order of items on the agenda of any meeting of the Board or any committee of the Board may be changed by the chair, at its discretion, or by majority vote of the members present and voting.

108.9 Items for referral to a committee of the Board that are presented at a regular meeting, or at any other meeting of the Board, shall be referred to the appropriate committee by the chair.

108.10 Items received by the Board between meetings shall be referred to the appropriate committee by the Chairperson.

108.11 Any member of the Board may include written comments in the record on any matter on the agenda of a Board meeting by providing a typed original of the written statement to the President with a copy for each Board member within three (3) days of the adjournment of the meeting.

108.12 Unless specifically provided by common consent of the Board members present or under waiver of the rules of order, only the following may address the Board or participate in the discussion of matters at a regular, special, or emergency meeting of the Board:

(a) Members of the Board of Trustees, including the President; and

(b) University personnel designated by the President, subject to the approval of the chair.

History

SOURCE: Final rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3414 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6138 (July 16, 2010).

8-B DCMR § 109 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 110 COMMITTEES OF THE BOARD OF TRUSTEES

110.1 The Standing Committees of the Board of Trustees shall be the following: Executive Committee; Audit, Budget and Finance Committee; Operations Committee; Student and Academic Affairs Committee; Community College Committee; and Committee of the Whole. The membership and jurisdiction of each committee shall be as follows:

(a) The Executive Committee shall be comprised of the Officers of the Board. The Executive Committee shall have all of the power of the Board between meetings, but the Board may limit such power by Resolution. Interim actions taken by the Executive Committee must be submitted for ratification by the Board at its next regularly scheduled meeting. If a majority fails to confirm the validity of an Executive Committee action, that action shall be deemed void ab initio. Appropriate notice of Executive Committee actions must be given to all members of the Board and to the public within five (5) business days.

(b) The Academic and Student Affairs Committee shall consist of a chairperson and at least two (2) other members. It shall ensure that the academic programs of the University are consistent with the institution’s mission and strategies; that the faculty and students have adequate resources; that the academic budget reflects the institution’s academic priorities; that the faculty personnel policies and procedures complement academic priorities; that the students’ interest in the Board’s policy-making activities are adequately represented; that the institution’s academic programs are appropriate for its students; that technology is effectively used to enhance the academic programs of the University; that the institution assesses the effectiveness of its academic programs; that academic and workforce readiness and skills development programs of the Community College are appropriate for its students; and shall monitor philanthropic giving, fundraising and alumni affairs.

(c) The Audit, Budget and Finance Committee shall consist of the Treasurer as Chairperson, and at least two (2) other members. It shall ensure that the financial operations of the University are in compliance with all applicable laws, regulations, and financial accounting standards; oversee annual and long-range operating budgets; ensure that accurate and complete financial records are maintained; review capital budgets for adherence to prescribed policy and guidance; present exceptions to the full Board for approval; recommend investment policies to the Board; manage asset classes; review investment expenses; oversee accounting and financial reporting; confer with the Office of the Inspector General of the District of Columbia (OIG) regarding significant investigations into financial matters; ensure that timely and accurate information is presented to the Board; provide oversight and guidance to the University’s Internal Auditor in the performance of his or her duties; ensure that an annual audit is conducted; provide oversight responsibility for management’s system of internal financial controls and the controls over external reporting, the internal and external audit processes, the regulatory compliance functions, institutional ethics and conflicts of interest, and the risk management process; present the financial statement to the full Board and communicate with and educate the Board on all aspects of the University’s financial status.

(d) The Operations Committee shall consist of a chairperson, and at least two (2) other members. The Operations Committee serves as the Board’s principal forum for the consideration of matters relating to the University’s business and administrative operations. It shall review and approve University policies; monitor personnel practices to ensure that the University is promoting fair and respectful practices and compliance with all applicable employment, labor, and workplace laws; determine the adequacy, condition, and use of existing facilities; review renewal or replacement decisions and oversee financing of capital projects; establish a budget for all capital projects which shall include a list of all capital projects planned for the fiscal year; review contracts as necessary or as required by law; review and discuss issues and proposals involving government relations; receive periodic updates on the University’s legal issues; and review University-wide policies and practices concerning communications and media, and public relations.

(e) The Committee of the Whole shall consist of all members of the Board and shall have jurisdiction concurrent with that of any committee. The Committee of the Whole may also have jurisdiction over matters not subject to the jurisdiction of any established standing committee.

110.2 The Chairperson may establish such advisory committees as deemed necessary to advise on policy. Such committees may consist of members of the Board, students, faculty members, parents, and governmental, educational, business, industrial, labor, and community representatives. The membership and scope of concern of each such committee shall be carefully defined. Such committees may be abolished or reconstituted by the Chair or by majority vote of the Board. The Chair may assign issues for consideration to such committees, establishing a deadline for report or recommendations. Such committees, in written reports distributed in the agenda package at least five (5) days prior to any regular meeting of the Board, may raise issues within their respective domains to the Board for consideration. Advisory committees shall not have executive powers.

110.3 The Chairperson shall establish the number of members, appoint the chairperson and members, subject to Section 110.1, and make determinations with respect to the jurisdiction of each standing committee of the Board.

110.4 The Chairperson may remove or reassign the chairperson or any member of a standing committee by notifying the chairperson or member in writing; provided, that a removed or reassigned committee chairperson may challenge such removal or reassignment by notifying the full Board of such challenge within five (5) days of the removal or reassignment, whereupon the removal or reassignment shall be subject to ratification by the full Board within thirty (30) days.

110.5 The Chairperson of the Board may establish ad hoc committees at any time, either by announcement at a meeting of the Board or in writing to the members of the Board. When establishing an ad hoc committee, the Chairperson shall set forth the name, membership, and purpose of the ad hoc committee.

110.6 An ad hoc committee shall be dissolved upon the submission of a final report and recommendation(s) to the Board, upon the expiration of a specified term of the committee that is set forth when the ad hoc committee is established, by the Chairperson, or by vote of a majority of the Board.

110.7 All standing and ad hoc committees of the Board shall be composed of members of the Board of Trustees; provided that the Chairperson may appoint non-members of the Board to ad hoc or advisory committees if such persons possess knowledge, skill, experience, or training necessary for the performance of a committee’s function and such knowledge, skill, experience, or training is not available among the Trustees. Any committee which shall have a majority of members who are not members of the Board shall not have executive power or otherwise have the authority to impose decisions or policy upon the Board or the University. Notwithstanding anything in this section, members of the Executive Committee and Committee of the Whole shall be comprised exclusively of members of the Board.

110.8 Standing and ad hoc committees of the Board shall not have executive power unless specifically provided by the provisions of this title or unless that power is specifically delegated to the committee to deal with a particular matter by official act of the Board.

110.9 All committees of the Board are fact-finding and deliberative bodies except as otherwise provided in this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3418 (April 13, 2001); as amended by Final Rulemaking published at 53 DCR 2411 (March 31, 2006); as amended by Final Rulemaking published at 56 DCR 1814 (February 27, 2009); as amended by Final Rulemaking published at 57 DCR 6131, 6139 (July 16, 2010); as amended by Final Rulemaking published at 59 DCR 9998 (August 17, 2012); as amended by Final Rulemaking published at 60 DCR 13386 (September 27, 2013); as amended by Final Rulemaking published at 61 DCR 9867 (September 26, 2014); as amended by Final Rulemaking published at 68 DCR 2708 (March 12, 2021). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 110

8-B DCMR § 111 MEETINGS OF BOARD COMMITTEES

111.1 The quorum of a committee shall consist of a majority of the voting members of the committee.

111.2 A Board committee may meet and hold discussions in the absence of a quorum; however, no recommendations to the Board or other matters may be acted upon in the absence of a quorum.

111.3 Committee meetings shall be held in accordance with a schedule established by the committee chairperson with notice to the Chairperson of the Board and President.

111.4 The chairperson of a committee may call a meeting of the committee by notifying the President of the date, time, and purpose of the special meeting. Committee meetings shall be public; provided that the chairperson may elect to go into executive session for matters permitted under Section 105.11.

111.5 Notice of committee meetings shall be given to members of the Board and public in accordance with Section 105.5.

111.6 The chairperson of the committee shall present recommendations of the committee to the Board in the form of a written committee report. The committee report may also contain a report of other items discussed or received by the committee for the information of the Board.

111.7 Committees of the Board, including the Executive Committee and Committee of the Whole, may meet in executive session in accordance with the provisions of § 105.12.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3413 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6142 (July 16, 2010); as amended by Notice Final Rulemaking published at 58 DCR 7510, 7516 (August 19, 2011).

8-B DCMR § 112 CONDUCT OF PUBLIC HEARINGS BY THE BOARD

112.1 The Board of Trustees may conduct a public hearing on any matter within the jurisdiction of the Board by informing the President and the Chairperson of the Board not less than five (5) days prior to the hearing in order to provide notice to the public.

112.2 A public hearing conducted by a Committee of the Board shall be conducted in the manner provided by the Board of Trustees.

112.3 Hearings of the Committee of the Whole shall be chaired by the Chairperson of the Board or by a member of the Board designated by the Chairperson all other standing or ad hoc committees shall be chaired by the appropriate Board committee chairperson.

112.4 The presence of a quorum of the Board or Board Committee shall not be required to conduct a public hearing.

112.5 The Committee chairperson of the public hearing shall report on the hearing at the next committee or regular meeting of the Board, or at a special meeting of the Board held prior to the regular meeting when the report is an item properly on the agenda of the special meeting.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6143 (July 16, 2010).

8-B DCMR § 113 SEAL OF THE UNIVERSITY OF THE DISTRICT OF COLUMBIA

113.1 Pursuant to the authority set forth in D. C. Official Code, §38-1202.01(a) (2001 ed.), the Board of Trustees shall adopt a seal, which shall be used in accordance with this section.

113.2 The official corporate seal of the Board of Trustees of the University of the District of Columbia shall be used only in connection with the transaction of business by or on behalf of the Board of Trustees. When the University seal is used as the corporate seal of the Board, it shall contain the words "Board of Trustees."

113.3 The seal adopted by the Board under this section shall be the official seal of the University of the District of Columbia and all programs and administrative components under the jurisdiction of the Board. When used as the seal of the University, the seal shall not contain the words "Board of Trustees."

113.4 The seal may be imprinted or embossed. In the reproduction or other use of the seal, no alteration may be made in the design adopted by the Board.

113.5 The seal of the Board of Trustees may be used to authenticate or attest to documents, diplomas, records, legal instruments, and publications issued or maintained by the Board of Trustees.

113.6 The University seal may be used by programs and administrative components of the University to authenticate documents, records, legal instruments, and publications issued or maintained by the University.

113.7 The University seal may be used for decorative, or other purposes not listed in § 113.6, upon approval of the specific usage by the President or the Board.

113.8 The University seal shall not be used for any purpose by organizations, groups, or individuals operating outside of the jurisdiction of the Board unless written permission is secured from the President or the Board of Trustees prior to that use.

113.9 Other seals or logos adopted by programs or administrative components of the University may be used for decorative purposes on documents or publications approved by the President; Provided, that whenever those documents or publications require authentication, the official seal of the University shall be affixed in accordance with §113.6.

113.10 The President shall be the custodian of the seal of the University and may issue additional written guidelines for use of the seal.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6143 (July 16, 2010).

8-B DCMR § 114 REIMBURSEMENT OF BOARD MEMBER EXPENSES

114.1 Each Trustee may claim reimbursement for actual expenses incurred while engaging in activities necessary to and directly related to service as a Trustee in an amount not to exceed four thousand dollars ($4,000) in any fiscal year; provided that (i) the Board may approve reimbursements totaling in excess of four thousand dollars ($4,000) in a fiscal year, and (ii) prior approval of the Board shall be required for any single expense greater than one thousand dollars ($1,000). All claims for reimbursement must be submitted to the President in accordance with Section 114.2 not later than one (1) year after the expense is incurred.

114.2 A Trustee may request reimbursement by submitting a written claim for reimbursement to the President or the President’s designee. Each claim for reimbursement shall be accompanied by receipts or other documentation of expenses incurred.

114.3 If the President denies a reimbursement request, the President shall inform the member in writing and give the reasons for the denial within ten (10) days of receipt of the request for reimbursement. The member may appeal the denial to the Chair of the Board within ten (10) days of the denial. The Executive Committee shall consider the matter and act to affirm the President’s decision or direct immediate payment within ten (10) days.

114.4 Individual members of the Board shall be entitled to use of University facilities (including library and media services, on-campus parking, admission to athletic and University-sponsored cultural events, athletic facilities, and other facilities to which University employees have access without charge or at a nominal fee) without incurring expenses, subject to the following limitations:

(a) Use of facilities shall be subject to the same availability criteria that are applied to employees of the University; and

(b) Use of major facilities (such as the University auditorium), other than for official Board activities, shall be subject to payment of costs associated with the use of the facility.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6144 (July 16, 2010).

8-B DCMR § 115 PUBLIC DOCUMENTS AND REQUESTS FOR INFORMATION

115.1 The President shall respond to all requests for information made to the Board on behalf of the Board. This includes, but is not limited to, requests for information from members of the public, requests for information from District or federal agencies, and requests made under the Freedom of Information Act.

115.2 The President shall make all public Board resolutions, minutes, agendas, and other accompanying materials available to members of the public upon request. The President may deny any request for information made under this Section if such denial would be permissible in the case of a request under the D.C. Freedom of Information Act, as provided in D.C. Official Code § 2-534 (2001 ed.).

115.3 Documents produced under Section 115.2 shall be provided to the requestor via electronic mail, free of cost, if the documents are available in electronic medium. The President is authorized to develop fees for the production of records in other formats, provided that such fees shall not exceed the fees applicable to similar requests under the Freedom of Information Act, D.C. Official Code § 2-531, et seq.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6145 (July 16, 2010).

8-B DCMR § 116 COMMUNICATION OF OFFICIAL BOARD POSITIONS

116.1 The official position of the Board of Trustees of the University of the District of Columbia shall be the position adopted by the Board of Trustees by official action of the Board or shall reflect the existing policy or rules of the Board or long-standing pattern or practice.

116.2 The position of the Board with respect to any personnel matter or matter in litigation or negotiation may be determined by the Board in executive session.

116.3 Whenever the official position of the Board of Trustees on any matter is communicated to any public body or official, including any agency of the federal or District government, that position shall be communicated in the following manner:

(a) In writing in the form of a rule, resolution, position paper, proposed rule or legislation, proposed amendment, or statement which has been adopted by action of the Board of Trustees or prepared pursuant to an action of the Board;

(b) Orally or in writing by the Chairperson of the Board of Trustees or his or her designee; or

(c) Orally or in writing by the President or other representative of the Board of Trustees or the University, pursuant to a specific action of the Board or otherwise in accordance with the provisions of this section.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6145 (July 16, 2010).

8-B DCMR § 117 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 118 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 119 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 120 ALUMNI MEMBERS OF THE BOARD OF TRUSTEES

120.1 In accordance with the provisions of D.C. Official Code, §38-1202.01 (2001 ed.), the University shall conduct elections to choose three (3) members of the Board of Trustees of the University from among those persons who hold a degree from the University or its predecessor institutions.

120.2 In accordance with the provisions of D.C. Official Code, § 38-1202.01 (2001 ed.), a person shall be eligible to appear on the ballot for the election held under this section if that person holds either of the following:

(a) A degree awarded by the University of the District of Columbia, or any component institution of the University of the District of Columbia as provided by Section 100.3; or

(b) A degree awarded by one (1) or more of the predecessor institutions of the University, as set forth in, § 38-1202.01(c)(3).

120.3 Notwithstanding the provisions of § 120.2 of this section, no person shall be eligible to appear on the ballot for the election held under this section if that person has been convicted of a felony as defined in the D.C. Official Code.

120.4 The President, or the President's designee, shall take all reasonable steps to ensure that each person on the ballot for an election held under this section is qualified under the provisions of §§120.2 and 120.3 of this section, and may require an affidavit of eligibility or other proof of eligibility.

120.5 Not less than ninety (90) days, nor more than one hundred eighty (180) days, before the expiration of the term of office of the incumbent alumni member of the Board of Trustees, the President, or the President's designee, in consultation with the University of the District of Columbia National Alumni Society, shall conduct an election to fill the impending vacancy.

120.6 The election held under this section shall be conducted in accordance with written procedures established by the President in consultation with the University of the District of Columbia National Alumni Association and approved by the Board. The election procedures shall comply with the provisions of this section and § 38-1202.01.

120.7 An election held pursuant to this section shall be conducted by secret postal ballot, but may additionally include the capability for alumni to cast ballots electronically. Completed ballots may be mailed or delivered to the University.

120.8 The election procedures shall provide for the conduct of the election in a manner that will ensure that each eligible voter has the opportunity to cast one (1), but not more than one (1) ballot. An eligible voter is any person holding a degree from the University of the District of Columbia, or any component of the University of the District of Columbia, or any of the predecessor institutions set forth in § 38-1202.01(c)(3).

120.9 The election procedures shall include the manner in which nominations for candidates to appear on the ballot shall be made.

120.10 The election procedures shall provide for the nomination of persons by petition.

120.11 The President shall certify the results of an election held under this section (including the names of the persons on the ballot, the number of votes received by each person, and the name of the person elected) to the Board of Trustees at the next meeting of the Board held after the election is conducted.

120.12 Any question or dispute which arises in connection with the conduct of an election, the nomination of persons to be on the ballot, or any other matter in connection with the election held under this section shall be resolved by the President, or the President's designee, in the manner established by the election procedures for the conduct of the election. The determination of the President, or the President's designee, shall be the final and binding decision of the University.

120.13 If an office of alumni member of the Board becomes vacant due to resignation, death, incapacity, or any other reason, a special election to fill the vacant office shall be held within one hundred twenty (120) days. The provisions of this subsection shall not apply if the vacancy occurs within nine (9) months of the date on which the term of office of the incumbent was due to expire.

120.14 The person elected in a special election, pursuant to the election procedures established under this section, shall take office upon certification of the results of the election by the President and shall serve the remainder of the unexpired term.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3413 (April 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6146 (July 16, 2010).

8-B DCMR § 121 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 122 STUDENT MEMBER OF THE BOARD OF TRUSTEES

122.1 In accordance with the provisions of D.C. Official Code, § 38-1202.01, the University annually shall conduct an election to choose one (1) member of the Board of Trustees of the University from among the full-time students of the University.

122.2 In accordance with the provisions of § 38-1202.01, a student shall be eligible to appear on the ballot for an election held under this section if that student meets the following qualifications:

(a) He or she is a full-time student at the University of the District of Columbia, or any component institution of the University of the District of Columbia as provided by Section 100.3, as evidenced by being enrolled in a degree-granting program and taking in the current semester not less than twelve (12) credit hours of coursework for an undergraduate student, nine (9) credit hours of coursework for a graduate student, or ten (10) credit hours of coursework for a law student.

(b) He or she is in good standing at the University. For purposes of this section, the term "good academic standing" shall be defined as follows:

(1) Having earned at least twenty-four (24) undergraduate credits, twelve (12) graduate credits, or having completed the first semester of law school while enrolled as a student at the University; and

(2) Having and maintaining a cumulative grade point average ("CGPA") of 3.0 or higher for all undergraduate, graduate, law or professional studies students; provided that prior to the term beginning May 15, 2011, the CGPA requirement of this section shall be 2.5.

122.3 A student shall not be eligible to appear on the ballot for an election held under this section if that student has been convicted of a felony, as defined in the D.C. Official Code.

122.4 In accordance with the provisions of § 38-1202.01, a student shall be required to remain a full-time student and maintain good standing at the University, as set forth in § 122.2 of this section, in order to take office after election and to continue to hold the office of student member of the Board; otherwise the term of office of that student member shall automatically terminate and the vacant office shall be filled by election or special election, in accordance with the provisions of this section.

122.5 The President, or the President's designee, shall take all reasonable steps to ensure that each student on the ballot for an election held under this section is qualified under the provisions of §§ 122.2 and 122.3 of this section, and may require an affidavit of eligibility or other proof of eligibility.

122.6 Not less than thirty (30) days, nor more than sixty (60) days, before the expiration of the term of office of the incumbent student member of the Board of Trustees, the President, or the President's designee, shall conduct an election to fill the impending vacancy.

122.7 The election held under this section shall be conducted in accordance with written procedures established by the President and approved by the Board. The election procedures shall comply with the provisions of this section and the provisions of § 38-1202.01.

122.8 An election held pursuant to this section shall be conducted by secret ballot. The method of balloting shall be determined by the President.

122.9 The election procedures shall provide for the conduct of the election in a manner that will ensure that each eligible voter has the opportunity to cast one (1), but not more than one (1) ballot. An eligible voter is any person who is a full-time or part-time student who is registered at the University on the date of the election.

122.10 The election procedures shall include the manner in which nominations for candidates to appear on the ballot shall be made.

122.11 The election procedures shall provide for the nomination of candidates by petition.

122.12 The President shall certify the results of an election held under this section (including the names of the students on the ballot, the number of votes received by each candidate, and the name of the student elected) to the Board of Trustees at the next meeting of the Board held after the election is conducted.

122.13 Any question or dispute which arises in connection with the conduct of an election, the nomination of students to be on the ballot, or any other matter in connection with the election held under this section shall be resolved by the President, or the President's designee, in a manner established by the election procedures for the conduct of the election. The decision of the President, or the President's designee, shall be the final and binding decision of the University.

122.14 Except as provided in § 122.18, if the office of student member of the Board becomes vacant due to the death, incapacity, resignation, failure of the student member to maintain eligibility to hold office, or for any other reason, the vacant office shall be filled at the next regular election for the office of student member of the Board.

122.15 If the office of student member of the Board becomes vacant on or before February 15, a special election to fill the vacant office shall be held within forty-five (45) days of the date the office becomes vacant.

122.16 A student elected in a special election, pursuant to procedures established for elections under this section, shall take office upon certification of the results of the election by the President, in accordance with the provisions of § 122.16 of this section, and shall serve the remainder of the unexpired term.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 43 DCR 2341 (May 3, 1996); as amended by Final Rulemaking published at 57 DCR 6131, 6148 (July 16, 2010).

8-B DCMR § 123 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 124 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 125 RULEMAKING RULES

125.1 The provisions of this section shall govern the adoption, amendment, and repeal of rules by the Board in accordance with D.C. Official Code § 2-505(a). As used in this section, any action taken to adopt, amend, and repeal rules in accordance with § 2-505(a) shall be referred to as “rulemaking.”

125.2 The official policies of the Board shall be set forth in the Rules of the University of the District of Columbia and codified in Title 8 of the District of Columbia Municipal Regulations ("DCMR").

125.3 Each proposed, emergency, and final rulemaking action by the Board of Trustees to adopt, amend, or repeal all or any part of a rule shall be by majority vote, with a quorum of the Board being present.

125.4 Each rulemaking action by the Board shall be pursuant to a recommendation from the Board committee with jurisdiction over the subject matter of the rule.

125.5 Rulemaking recommendations of a Board committee shall be subject to amendment on the floor at the meeting of the full Board at which the rulemaking action is considered.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6150 (July 16, 2010).

8-B DCMR § 126 DISCUSSION DRAFTS OF PROPOSED RULES

126.1 Prior to making a recommendation to the Board of Trustees for action on a rulemaking matter, the Board committee shall consider the rulemaking matter in the form of a Committee Discussion Draft, which shall be prepared for the committee by the General Counsel, pursuant to the direction of the committee.

126.2 The General Counsel shall send copies of the Committee Discussion Draft to each member of the Board and the President of the University five (5) business days prior to consideration of the matter at a meeting of the Board committee. Copies may also be sent to administrators and other members of the University community. All recommendations and input shall be attributable.

126.3 The Committee Discussion Draft may be revised to include all or part of the written or informal input of members of the Board and the President of the University, or the President's designee, as well as the recommendations of the General Counsel. The General Counsel may hold meetings or discussions on the Committee Discussion Draft with any member of the University community or other interested individuals or groups.

126.4 All comments and recommendations on a Committee Discussion Draft received by the General Counsel shall be presented to the Board committee along with the revised Discussion Draft at or before the meeting of the committee at which the draft rulemaking action is considered.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 48 DCR 3413 (Apr 13, 2001); as amended by Final Rulemaking published at 57 DCR 6131, 6150 (July 16, 2010).

8-B DCMR § 127 ADOPTION OF PROPOSED RULES

127.1 The initial action of the Board on the adoption, repeal, or amendment of a rule shall be the approval of a proposed rulemaking action. If the rulemaking action is to be taken on an emergency basis, the Board shall adopt an emergency and proposed rule at the same time.

127.2 The recommendation of a Board committee to the Board for rulemaking action to adopt, amend, or repeal any rule, or part of a rule, shall be in writing and shall be in a form suitable for publication in the D.C. Register in accordance with the provisions of the D.C. Documents Act and the Rules of the District of Columbia Office of Documents and Administrative Issuances.

127.3 Each recommendation for emergency rulemaking action shall include a written description of the emergency justifying the action.

127.4 Each recommendation for proposed rulemaking action with an abbreviated notice period shall include written reasons justifying the abbreviated notice period.

127.5 After Board action on a proposed rule (or an emergency and proposed rulemaking action), the General Counsel shall prepare a proposed rulemaking notice (or emergency and proposed rulemaking notice) for publication in the D.C. Register.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6151 (July 16, 2010).

8-B DCMR § 128 FINAL RULEMAKING ACTION

128.1 All comments on proposed rules received during the notice period after publication of proposed rules in the D.C. Register shall be forwarded to the Office of the General Counsel.

128.2 The General Counsel shall inform the Board committee and the President of all recommended modifications to proposed rulemaking action prior to committee action on a final rulemaking recommendation.

128.3 The Board committee shall meet to consider comments received and other recommendations for modifications to proposed rules prior to making a recommendation to the Board for final adoption of the rule.

128.4 If no comments are received on a proposed rulemaking action, and no recommendations for modification of the proposed rules are received, other than minor technical corrections, the chairperson of the Board committee may forward the rules to the Board for final adoption without a meeting of or action by the committee.

128.5 The Board shall approve the adoption of final rules at a regular, special, or emergency meeting of the Board held after the expiration of the period for public notice and comment on the proposed rules. The provisions of this subsection may not be waived by the Board, and shall not be affected by the fact that no comments or recommendations are received by the Board during the public notice period.

128.6 After final action by the Board to adopt, amend, or repeal all or part of a rule, the Office of the General Counsel shall prepare a final rulemaking notice for publication in the D.C. Register.

128.7 Certification of Board approval of the rulemaking action shall be made by the President, the President's designee, or an employee of the Office of the General Counsel who witnessed the Board action.

128.8 The General Counsel shall ensure that the rules submitted for publication in the D.C. Register are identical to those approved by the Board. The provisions of this subsection shall not preclude minor technical corrections (such as the correction of errors in spelling, grammar, or numbers) made by the Office of the General Counsel prior to the submission of the rulemaking action to the D.C. Office of Documents and Administrative Issuances.

128.9 Unless the Board action adopting final rules provides a specific effective date, the effective date of the rules shall be the date of publication of the final rulemaking notice in the D.C. Register. An effective date specified by the Board may not be earlier than the date of publication of the notice of final rulemaking in the D.C. Register.

128.10 The adoption of a final rule by the Board and the publication of the final rule in the D.C. Register shall have the following effect on prior Board acts:

(a) Chapters, sections, or subsections of University Rules that are covered by the final rule and which were adopted prior to the effective date of the final rule are repealed;

(b) Any provision of a Board resolution that is inconsistent with the final rule is rescinded; and

(c) Any prior custom or practice of the University that is inconsistent with the final rule is rescinded and shall be discontinued after the effective date of the final rule.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6151 (July 16, 2010).

8-B DCMR § 129 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 130 REMOVAL OF A MEMBER OF THE BOARD OF TRUSTEES

130.1 Pursuant to the provisions of D. C. Code, § 38-1202.03, the Board of Trustees has the power to remove any member of the Board, after fair notice and an opportunity to be heard, for adequate cause which relates to the member's character or efficiency as a Trustee.

130.2 Proceedings for the removal of a member of the Board shall be conducted in accordance with the provisions of this section.

130.3 Removal of a member of the Board shall be initiated by the filing of a Petition for Removal by one (1) or more members of the Board. The Petition for Removal shall be filed with the Chairperson of the Board (the "Chairperson"), unless the Chairperson is the subject of the petition, in which case the petition shall be filed with the Vice Chairperson of the Board. A copy of the petition shall be filed with the President of the University.

130.4 A Petition for Removal shall be in writing and shall set forth the name of the member of the Board who the petition seeks to remove, the name(s) of the petitioner(s), a clear and concise statement of the reasons for removal, and a request that the Board act to remove the member. The Petition for Removal shall be signed by each petitioner.

130.5 Upon receipt of the Petition for Removal, the Chairperson of the Board (or the Vice Chairperson if the Chairperson is the subject of the petition) shall notify the member of the Board who is the subject of the petition of the filing of the petition. The notice shall be in writing, and shall include a copy of the petition and a copy of this section of the University Rules, and shall be personally delivered to the Board member or mailed to the Board member by certified mail, return receipt requested.

130.6 Within ten (10) days of the receipt of a Petition for Removal, the Chairperson (or the Vice Chairperson) shall appoint an ad hoc committee to consider the petition, provide a forum for the member of the Board who is the subject of the petition to be heard, and to make a recommendation to the Board of Trustees on the disposition of the petition.

130.7 The ad hoc committee appointed under §130.6 shall consist of three (3) members of the Board of Trustees, no more than one (1) of which may be a petitioner. The subject of the petition shall not serve on the ad hoc committee by appointment or ex officio, nor shall the Chairperson (or Vice Chairperson) chair the ad hoc committee.

130.8 The Chairperson (or the Vice Chairperson) shall designate a chairperson of the ad hoc committee who shall call and chair the meetings of the committee and present the report and recommendation of the committee to the Board of Trustees. The chairperson of the ad hoc committee shall not be a petitioner.

130.9 The Chairperson (or the Vice Chairperson) shall notify the member of the Board who is the subject of the petition in writing of the appointment of the ad hoc committee and the membership of the ad hoc committee.

130.10 The ad hoc committee shall meet to consider the petition within thirty (30) days of the date of appointment of the ad hoc committee. Meetings of the ad hoc committee shall be conducted in executive session.

130.11 The member of the Board who is the subject of the petition shall be given an opportunity to be heard by the ad hoc committee. The member shall also be entitled to submit to the ad hoc committee a written response to the petition in addition to having an opportunity to be heard by the committee.

130.12 The member of the Board who is the subject of the petition shall be entitled to be represented by counsel or any representative of his or her choice, and may present witnesses and documentary evidence on his or her behalf.

130.13 If the member of the Board who is the subject of the petition is unable to appear before the ad hoc committee on any of the dates suggested by the chairperson of the committee, the member may propose alternative dates within the thirty (30) day time frame by submitting at least three (3) alternative dates in writing to the committee chairperson. The chairperson shall then set a date for the committee meeting.

130.14 The meeting of the committee at which the member of the Board who is the subject of the petition is heard shall be conducted without formal rules of evidence. The member of the Board shall be heard without questioning or rebuttal by the committee.

130.15 Within ten (10) days of the conclusion of the meeting of the ad hoc committee, the chairperson of the committee shall prepare a written report and recommendation to the Board. The members of the committee shall sign the report and indicate their concurrence with the report. A majority of the ad hoc committee must concur in the report and recommendation. If a member of the committee does not concur with the report and recommendation, he or she may prepare, sign, and file a written dissent.

130.16 The chairperson of the ad hoc committee shall file the report with the Chairperson of the Board (or the Vice Chairperson if the Chairperson is the subject of the petition) with a copy to each member of the Board and the President of the University.

130.17 As soon as practicable after receiving the report and recommendation of the ad hoc committee, the Board of Trustees shall meet (at the call of the Chairperson or Vice Chairperson) as a Committee of the Whole in executive session to consider the report and vote on the Petition for Removal.

130.18 Action by the Board of Trustees to remove the member of the Board who is the subject of the petition shall require the affirmative vote of a majority of the Board. The member who is the subject of the petition shall be entitled to attend the meeting of the Committee of the Whole (without representation) and shall be entitled to participate in the discussion and vote.

130.19 Removal of the member of the Board shall be effective immediately upon announcement by the chair of the Committee of the Whole of an affirmative vote to remove. If the member of the Board who is removed is not present, he or she shall be notified as soon as practicable by the chair of the Committee of the Whole.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6152 (July 16, 2010).

8-B DCMR § 131 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 132 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 133 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 134 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 135 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 136 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 137 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 138 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 139 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 140 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 141 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 142 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 143 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 144 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 145 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 146 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 147 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 148 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 149 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 150 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 151 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 152 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 153 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 154 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 155 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 156 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 157 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 158 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 159 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 160 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 161 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 162 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 163 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 164 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 165 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 166 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 167 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 168 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 169 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 170 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 171 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 172 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 173 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 174 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 175 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 176 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 177 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 178 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 179 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 180 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 181 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 182 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 183 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 184 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 185 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 186 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 187 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 188 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 189 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 190 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 191 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 192 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 193 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 194 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 195 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 196 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 197 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 198 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B DCMR § 199 DEFINITIONS

199.1 When used in this title, the following terms and phrases shall have the meanings ascribed:

Majority of the full Board - more than one-half (1/2) of the members of the Board of Trustees who are legally entitled to vote. The number of members of the Board who are legally entitled to vote is reduced when there are vacant seats on the Board. The majority of the full Board is eight (8) when all seats on the Board are filled or when there is one (1) vacancy. When there are two (2) or three (3) vacancies, the majority of the full Board is seven (7); when there are four (4) or five (5) vacancies, the majority of the full Board is six (6); and when there are six (6) or seven (7) vacancies, the majority of the full Board is five (5). Members who respond "present" or abstain are counted for purposes of determining a majority.

Majority vote - more than one-half (1/2) of the members of the Board of Trustees who are present and voting. For purposes of determining a majority, members who are absent are not counted. Members who respond "present" or abstain are not counted for purposes of determining a majority.

Quorum of the Board of Trustees - In accordance with the provisions of D.C. Code, § 31-1531, a quorum for the transaction of business at a meeting of the Board of Trustees is a majority of the fixed membership or eight (8) voting members of the Board of Trustees. The quorum requirement is not reduced by vacancies.

Two-thirds vote - at least two-thirds (2/3) of the votes cast by persons who are present and voting. For purposes of determining a two-thirds majority, members who are absent are not counted. Members who respond "present" or abstain are not counted for purposes of determining a two-thirds majority.

History

SOURCE: Final Rulemaking published at 39 DCR 2296 (April 3, 1992).

8-B2 ADMINISTRATION AND MANAGEMENT

8-B DCMR § 200 THE PRESIDENT OF THE UNIVERSITY

200.1 The Chief Executive Officer of the University, appointed by the Board of Trustees (the "Board") pursuant to D.C. Official Code § 38-1202.06(10), shall be the President of the University of the District of Columbia (the "President"). The President shall report directly to the Board.

200.2 Upon the permanent vacancy in the Office of President, the Chief Academic Officer, shall immediately become Interim President, unless the Board of Trustees makes a different appointment. The appointment of the Chief Academic Officer as Interim President must be approved by the Board within 7 days of the vacancy of the Office of President. During the period before approval, the Chief Academic Officer shall only exercise administrative duties to maintain operations of the University. After approval by the Board of the appointment of the successor, the successor shall exercise such powers as authorized by the Board.

200.3 Appointment of the President, including the renewal of an existing appointment, shall be by affirmative vote of a majority of the Board.

200.4 The terms and conditions of the appointment of the President, including compensation and benefits, shall be set forth in a contract of employment which shall be negotiated with the appointee in a manner directed by the Board and shall be subject to ratification by an affirmative vote of the majority of the Board.

200.5 A housing allowance or a University residence in the District of Columbia may be provided for the President.

History

SOURCE: Final Rulemaking revised at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016); as amended by Final Rulemaking published at 67 DCR 12687 (October 30, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 200

8-B DCMR § 201 [REPEALED]

History

SOURCE: Final Rulemaking revised at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 201

8-B DCMR § 202 GENERAL AUTHORITY AND DUTIES OF THE PRESIDENT

202.1 The President shall have authority and responsibility for the academic and administrative affairs and operations of the University and the components thereof established under Subsection 100.3, subject to the provisions of this title and applicable law.

202.2 The President may delegate to his or her subordinates any of the duties and authority of the office of President, except the following:

(a) Service as a nonvoting ex officio member of the Board; and

(b) Responsibilities reserved solely to the President under the provisions of this subtitle or other applicable law or regulation.

202.3 The President shall fix the calendar of the University.

202.4 Upon the recommendation of the faculty, the President shall, in the name of the Board, award degrees to candidates who meet all of the requirements and prerequisites for the respective degree or concentration.

202.5 The President shall provide for awarding fellowships, scholarships, and academic prizes from appropriations, gifts, or endowments approved for these purposes.

202.6 Subject to the provisions of this title and applicable law, the President may appoint, promote, demote, and dismiss University employees. The President may also determine compensation for all administrators and non-administrators at pay grade level 2A and below. The President shall recommend for approval by the Board through the Executive Committee, or committee determined by the Board Chair the compensation of all administrators and non-administrators at pay grade level 1A and above.

History

SOURCE: Final Rulemaking revised at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6157 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 202

8-B DCMR § 203 FUND-RAISING AND GIFTS

203.1 The President shall develop, initiate, implement, and approve fund-raising campaigns for the benefit of the University.

203.2 The President may determine, consistent with any expressed intent of the donor, if applicable:

(a) The purpose(s) for which the gift shall be used; and

(b) Whether income or principal amount, or both, shall be used.

203.3 The President may utilize gifts to support established University programs or to fund new or special programs, in accordance with the provisions of this subtitle.

203.4 The President shall determine whether any condition on the receipt of a gift, or the purpose(s) for which the gift will be used, will require expenditure of additional or supplementary funds by the University and shall provide for inclusion of required expenditures in the University financial plan subject to Board approval. In no event shall the acceptance of any gift by the University constitute a commitment requiring expenditures in excess of budgeted items.

203.5 The President may return to the donor all or any unused portion of a gift of personal property when the purposes of the gift have been fulfilled or fulfillment has become impossible or impractical and alternative uses are precluded.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6158 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 203

8-B DCMR § 204 BUDGET AND FINANCIAL ADMINISTRATION

204.1 The President shall annually prepare a budget for the University, including a plan for operating and capital expenditures and shall provide the Board copies of the proposal and all necessary back up documentation not less than five (5) business days prior to any Board or Committee on Budget and Finance for review and consideration of approval. As part of the budget process, the President shall prepare a request to the Mayor and Council for District appropriations for the support of the University subject to approval by the Board prior to submission to the Mayor or the Council of the District of Columbia of a final budget.

204.2 Prior to the beginning of each fiscal year, the President shall prepare a financial plan for control of expenditures by the University. Upon approval of the financial plan by the Board, the President shall manage the expenditures of the University in accordance with the financial plan. All modifications of the financial plan including shifting or reallocations of funds within programs or other areas over two hundred fifty thousand dollars ($250,000) must be approved by the Budget and Finance Committee and reported to the Board. Cumulative modifications during the fiscal year of the financial plan that are one million dollars ($1,000,000) and over must be approved by the Board.

204.3 During the fiscal year, the President shall recommend to the Board for its approval modifications of the financial plan based on changes in the District appropriation, actual or projected revenues, cost of programs and operations, academic program needs, or other factors. Reprogramming of appropriated budget authority shall be in accordance with applicable District law.

204.4 The President shall make timely recommendations to the Board for the establishment or modification of tuition, fees, and other assessments to be paid by students of the University.

204.5 The President shall make recommendations to the Board for a capital improvement program, including recommendations for the addition of a new project or a deletion, substantial modification, or change in the priority of an approved project for Board approval and shall provide all necessary back up documentation necessary not less than five (5) business days prior to any Board or Committee on Budget and Finance for review and consideration of approval.

204.6 The President may negotiate and approve indirect cost rates to be applied to contracts and grants. The use of indirect cost funds shall be included in the annual financial plan.

204.7 The President may approve the write-off of debts owed to the University deemed uncollectible, subject to ratification by the Board as part of the financial plan. The President shall ensure that adequate reserves are maintained to allow for uncollectible debts.

204.8 The President may write off routine disallowed claims under grants and contracts against funds received from the federal government in reimbursement of indirect costs.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6158 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 204

8-B DCMR § 205 EXECUTION OF CONTRACTS AND OTHER DOCUMENTS

205.1 Except as otherwise specifically provided in this section or in this title, the President may execute on behalf of the University all contracts and other documents, including documents to solicit and accept pledges, gifts, and grants.

205.2 Notwithstanding any provision of this section to the contrary, the President may execute all documents necessary in the exercise of the President's duties when an emergency precludes prior submission to the Board; Provided, that in all cases the President shall submit to the Board within forty-eight (48) hours a written justification for actions taken, the impact, including fiscal, of the actions and a request for ratification of the action(s) by majority vote of the Board.

205.3 The President may provide for execution claims against debtors in bankruptcy, in receivership, or in liquidation, and against estates of deceased persons.

205.4 Specific authorization by the Board shall be required for the following documents or any transaction that would establish an exception to the University Rules as set forth in this subtitle:

(a) Any commitment for more than seven (7) years; or

(b) All Capital Procurements as presented in the Capital Budget on annual basis;

(1) Modification of the financial plan in excess of the reprogramming authority delegated to the President;

(2) Modification of the Capital Budget; or

(3) Obligating the University to expenditures or costs for which there is no established funding source.

(d) Any contracts and change orders/modifications, other than those already approved in the Capital Budget, resulting in a commitment of greater than four million dollars ($4,000,000) in a single fiscal year for any Capital Procurement; and

(e) Any commitment greater than one million dollars ($1,000,000) in a single fiscal year for all other University Procurements.

205.5 Specific authorization by the Board shall be required for any of the following:

(a) Acceptance of any pledge or gift in excess of one million dollars ($ 1,000,000) in cash or estimated value;

(b) Agreements for the provision of employee group insurance benefits;

(c) Affiliation agreements involving direct financial obligations or commitments by the University to programs or projects not included in the financial plan;

(d) Applications for licenses to operate radio or television broadcast equipment; and

(e) Agreements under which the University assumes liability for the conduct of persons other than University officers, employees, agents, students, invitees, and guests. This restriction shall not apply to agreements under which the University assumes responsibility for the condition of property in its custody.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6159 (July 16, 2010); as amended by Final Rulemaking published at 59 DCR 13923 (November 30, 2012); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 205

8-B DCMR § 206 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 206

8-B DCMR § 207 [RESERVED]

History

SOURCE: Final Rulemaking published at 37 DCR 5077 (August 3, 1990); as amended by Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 207

8-B DCMR § 208 COMPENSATION OF ADMINISTRATORS

208.1 The Board shall determine compensation for administrators and non-administrators at Grade level 1A and above, including initial compensation upon appointment and subsequent changes in compensation, upon recommendation of the President through the Operations Committee.

208.2 The President shall determine compensation for each executive appointment at grade level 2A and below, including initial compensation upon appointment and subsequent changes in compensation, in accordance with the level of responsibility of the position, the experience and qualifications of the appointee, and other factors, in accordance with the administrative pay scale approved by the Board.

History

SOURCE: Final Rulemaking published at 37 DCR 5077 (August 3, 1990); as amended by Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6160 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016); as amended by Final Rulemaking published at 68 DCR 011105 (October 22, 2021). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 208

8-B DCMR § 209 [RESERVED]

History

SOURCE: Final Rulemaking published at 37 DCR 5077 (August 3, 1990); as amended by Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 209

8-B DCMR § 210 EXECUTIVE APPOINTMENTS: GENERAL PROVISIONS

210.1 In order to allow the President to appoint highly qualified and experienced executive talent to senior administrative positions, as well as to provide flexibility in making top administrative appointments, the President is authorized to make executive appointments to designated positions in the Educational Service, in accordance with the provisions of §§ 210 through 212 subject to the provisions of this title and applicable law.

210.2 Except as required under § 212, an executive appointment may be made on a noncompetitive basis. Each executive appointee shall be qualified based on job description submitted by the President and approved by the Board through the Operations Committee for the position to which he or she is appointed. The Operations Committee shall also review the qualifications of the appointee being considered prior to the submission to the Board.

210.3 Executive appointments are "at will" appointments and executive appointees shall serve at the pleasure of the President. A person serving under an executive appointment shall not have any job tenure or protection in that position. An executive appointment may be terminated at any time without appeal or right to compensation.

210.4 A University employee who is a permanent incumbent and who is serving in a position designated to be filled by executive appointment shall retain all the rights and benefits of his or her permanent employment status and shall not be converted to an executive appointment. However, once the incumbent vacates the position (due to reassignment, resignation, or other reason), the person subsequently appointed to fill the position shall be subject to the executive appointment provisions of this section.

210.5 The President shall not enter into any agreements with interim/acting executive appointees that grant tenure or right of employment in any faculty, administrative or other University position unless such person holds permanent or tenured faculty rank at the University or approved by the Executive Committee.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6161 (July 16, 2010); as amended by Final Rulemaking published at 60 DCR 8952 (June 14, 2013); as amended by Final Rulemaking published at 63 DCR 384 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016); as amended by Final Rulemaking published at 68 DCR 011105 (October 22, 2021). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 210

8-B DCMR § 211 EXECUTIVE APPOINTMENTS: NON-ACADEMIC ADMINISTRATORS

211.1 The following administrative positions shall be filled by executive appointment and approved by the Board through the Operations Committee:

(a) Chief Operating Officer (COO): The COO has university wide authority over business operations. The COO reports to the President.

(b) Chief Student Development and Student Success Officer (CSDSSO): The CSDSSO has university wide authority over student support and student success. The CSDSO reports to the President.

(c) Chief of Staff: The Chief of Staff has authority over external affairs, coordinates the activities of the Offices of the Board and President, as well as the work of the Cabinet. The Chief of Staff reports to the President.

(d) General Counsel: The General Counsel provides advice and counsel to the University stakeholders on all legal matters, and directs the activities of the outside counsel working on behalf of the University. The General Counsel reports to the President with a dotted line to the Board.

(e) Internal Auditor: The Internal Auditor is responsible for conducting internal audits of the University’s operations. The Internal Auditor reports to the President with a dotted line to the Board.

211.2 The President may designate any position which reports directly to the President or any senior management or legal position of Administrative Salary Grade Level of 2B or higher which reports directly to a vice president to be filled by executive appointment.

211.3 The President, in his or her discretion, may conduct a formal or informal search or provide for a recruitment process to fill a position by executive appointment under this section, except that the President shall provide for a formal search and selection process, including active faculty and Board participation, to fill the position of Chief Community College Officer.

211.4 An employee of the University with permanent status who accepts an executive appointment under this section shall not have reversionary rights to return to the same position upon termination of the executive appointment. However, upon termination of the executive appointment, the former executive appointee shall retain his or her employment status at the University and shall be assigned to a position at the same level that he or she held at the time of the executive appointment.

211.5 A person newly hired under this section may, upon termination of the executive appointment, apply for competitive appointment to a position in the Educational Service for which he or she is qualified.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 44 DCR 5835 (October 10, 1997); as amended by Final Rulemaking published at 57 DCR 6156, 6162 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016); as amended by Final Rulemaking published at 64 DCR 3799 (April 21, 2017); as amended by Final Rulemaking published at 68 DCR 2708 (March 12, 2021); as amended by Final Rulemaking published at 68 DCR 011105 (October 22, 2021). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 211

8-B DCMR § 212 EXECUTIVE APPOINTMENTS: ACADEMIC ADMINISTRATORS

212.1 The following positions shall be filled by executive appointment and approved by the Board through the Operations Committee:

(a) Chief Academic Officer (CAO): The Chief Academic Officer has university wide authority over academic program coordination and quality including management and operations of the Community College and its Workforce Readiness and Skills Development programs. The CAO reports to the President.

(b) Deans of academic colleges.

212.2 The appointment of faculty members to serve in administrative positions which report directly to the CAO or a Dean shall be an executive appointment.

212.3 The President shall provide for a formal search and selection process, including active faculty and Board participation, to fill the positions of CAO and Academic Dean. If the CAO or an Academic Dean position is vacated, the President shall name an acting for a period not to exceed one (1) year from the date of the vacancy, and administrative leave shall not be considered time in the position.

212.4 A person newly hired for the position of CAO or Academic Dean may be granted academic title and rank with tenure in the department in which he or she is qualified at the recommendation of the President and approval by the Board through the Academic and Student Affairs Committee.

212.5 A person who holds permanent or tenured faculty rank at the University and who accepts an appointment to an academic administrative position under this section shall not be required to resign from his or her faculty position and shall have the right to return to his or her faculty position upon termination of the executive appointment.

212.6 During a simultaneous appointment to an academic administrative position under this section, a faculty member shall be subject to the terms and conditions of employment set forth in the executive appointment. The faculty member shall be deemed to be on leave of absence from his or her faculty position, but shall retain simultaneous faculty title and rank.

212.7 When a person holding faculty rank accepts an executive appointment to an academic administrative position, he or she shall be a full-time, twelve (12) month employee and shall receive compensation and benefits as set forth in the executive appointment, in accordance with the provisions of § 208.2, until termination of the executive appointment.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 44 DCR 5835 (October 10, 1997); as amended by Final Rulemaking published at 57 DCR 6156, 6163 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016); as amended by Final Rulemaking published at 68 DCR 2708 (March 12, 2021); as amended by Final Rulemaking published at 68 DCR 011105 (October 22, 2021). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 212

8-B DCMR § 213 ACTING APPOINTMENTS

213.1 The President may appoint a current employee to serve in an "acting" status in a position designated to be filled by executive appointment without requiring that employee to resign from his or her current position.

213.2 Compensation of appointees with "acting" status shall be determined in accordance with the provisions of §§ 208, 210, 211, 212 and other applicable subsections of this chapter.

213.3 Service in an "acting" status in a position designated to be filled by executive appointment shall be limited to one (1) year. The President shall seek Board approval for an extension forty five (45) days prior to the year ending if he/she determines and can demonstrate that additional time is needed. Should an extension be approved by the Board, the President shall provide the Board immediately with a plan and time line for making the permanent appointment within ninety (90) days of the end of the one (1) year period should the appointment be necessary. The Board may approve an extension or renewal of an acting appointment for no more than one (1) additional year due to extenuating circumstances as determined by the Board.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993); as amended by Final Rulemaking published at 57 DCR 6156, 6164 (July 16, 2010); as amended by Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 213

8-B DCMR § 214 APPOINTMENT AND REMOVAL OF DEPARTMENT CHAIRS

214.1 Subject to the approval of the CAO, the Dean shall appoint the chair of each department. Each appointee shall serve at the pleasure of the Dean, and shall be subject to annual review and evaluation by the Dean.

214.2 The Dean shall consult with the members of the faculty of a department on the appointment of the department chair, pursuant to a uniform process approved by the CAO.

214.3 To be eligible to serve as a chair, a person shall be a member of the department faculty who holds the rank of Associate Professor or Professor. A Dean may appoint a faculty member who does not meet the requirements of this subsection to be "acting" chairperson for a term of not more than one (1) year.

214.4 Each department chair shall be paid his or her regular faculty salary for services performed during the academic year. If the services of the department chair are required for all or part of a summer term, compensation for those services shall be determined by the President in consultation with the CAO and the Deans.

214.5 A department chair shall not be required to provide services as chair beyond the academic year. If a chair is not available to provide services needed beyond the academic year, the Dean may appoint an "acting" chair to serve during the interim period.

214.6 The faculty of a department may petition the Dean for the removal of the department chair by two-thirds (2/3) majority vote of the regular, full-time faculty of the department. The decision to remove or retain the chair shall be at the discretion of the Dean after consultation with the CAO.

214.7 Reduced teaching loads requirements for each department chair shall be determined by the Dean and approved by the CAO.

History

SOURCE: Final Rulemaking published at 63 DCR 3767 (March 11, 2016). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 214

8-B3 ACADEMIC PROCEDURES AND METHODS

8-B DCMR § 300 ACADEMIC PROCEDURES AND METHODS

300.1 It shall be the responsibility of the President to develop, adopt, and administer academic procedures consistent with the policies adopted by the Board.

300.2 The academic administration shall fulfill the following functions:

(a) Prescribe the teaching load to be carried by each member of the faculty;

(b) Determine the maximum and minimum number of students permitted to be enrolled in a class; and

(c) Define the nature and form of records to be kept of activities of the members of the faculties and of activities of administrative personnel.

300.3 The President, the faculty and staff, and the deans and faculties of each academic unit of the University shall be accountable to the Board for providing efficient service as measured by approved academic standards.

300.4 The President shall review and evaluate all program activities of the University.

300.5 The procedures for evaluation of program activities developed by the President shall include provisions for keeping the Board fully informed of the standards of scholarship maintained and of the efficient and economic administration of the University.

8-B DCMR § 301 SEMESTER SYSTEM

301.1 The instructional programs of the University shall be on the semester system.

301.2 Each semester shall consist of not less than fifteen (15) weeks.

301.3 Two (2) semester terms and a summer session may be conducted each calendar year.

301.4 The University may offer seminars, short courses, and institutes.

8-B DCMR § 303 UNIFORM GRADING SYSTEM

303.1 The University shall use a four point (4.0) grading system.

303.2 Grades and course status shall be indicated by the following symbols, which shall have the meaning or point equivalent indicated:

(a) "A" = 4.0 Excellent

(b) "B" = 3.0 Above Average

(d) "D" = 1.0 Below Average

(e) "F" = 0.0 Failure

(f) "W" = withdrawal before midterm

(g) "WP" = withdrawal pass after midterm

(h) "WF" = withdrawal fail after midterm

(i) "I" = incomplete work at end of course

8-B DCMR § 304 GRADUATE WORK

304.1 The graduate schools of the University shall award graduate degrees authorized by the Board.

304.2 The University shall continue efforts to develop programs of graduate work of superior quality and to expand into new fields in which there are clearly identified needs for persons with advanced graduate training.

304.3 The graduate schools of the University may accept, enroll, and classify qualified graduate students who transfer from accredited institutions.

8-B DCMR § 305 DIPLOMAS EARNED AT PREDECESSOR INSTITUTIONS

305.1 Upon request, the University may issue a certificate to a graduate who received a diploma from a predecessor institution of the University with the following or similar wording:

BE IT KNOWN THAT (Name of Graduate) , having received in the year ________, the degree of _________ from the (Name of Institution) ,a predecessor of this University, is hereby recognized as an alumnus of the University of the District of Columbia."

305.2 The University may exchange a diploma previously awarded by any predecessor institution for a University diploma with appropriate wording. A fee shall be charged for this courtesy.

8-B DCMR § 306 TESTING AND GUIDANCE

306.1 There shall be a program of testing and guidance in the University which shall be administered by offices of the University designated by the President.

8-B DCMR § 307 DEGREES: GENERAL PROVISIONS

307.1 The faculty shall recommend to the President the candidates for degrees authorized by the Board.

307.2 The academic administration and faculty shall have discretion to confer a degree on a student who has been in residence at the University for less than one (1) academic year who has successfully passed the prescribed course of study required for the degree.

8-B DCMR § 308 NEW OR MODIFIED ACADEMIC DEGREE OR CERTIFICATE PROGRAMS

308.1 New associate, baccalaureate, and graduate degree programs may be added to the University curricula upon recommendation by the University Senate and the President and after approval by the Board.

308.2 New certificate programs may be added to the University curricula upon the recommendation of the University Senate and after approval by the President.

History

SOURCE: Final Rulemaking published at 45 DCR 2001 (April 3, 1998).

8-B DCMR § 309 POSTHUMOUS AWARDING OF DEGREES

309.1 The University of the District of Columbia may award undergraduate and graduate, and law school degrees posthumously when appropriate criteria have been met and upon recommendation from the deceased student's major academic department and with the approval of the appropriate Dean and of the Provost and Vice President for Academic Affairs, unfulfilled graduation requirements shall be waived. The posthumous award of a degree recognized the academic achievement of the student in accordance with the standards and conditions established herein.

309.2 Posthumous Baccalaureate and Associate Degrees will be awarded if, at the time of the student's death:

(a) The student was either (1) within 15 semester hours of completing the Bachelor's Degree or within 9 semester hours of completing the Associate's Degree or (2) was enrolled in the final semester leading to completion for the degree;

(b) The student was making progress toward the degree with an attained cumulative grade point average of 2.00 or higher; and

(c) The student was not involved in or suffering injuries sustained in or resulting from the student's commission of a felony.

309.3 Posthumous Master's Degrees will be awarded if, at the time of the student's death:

(a) The student was either (1) within 9 semester hours of completing all requirements for the Master's Degree or (2) enrolled in the final semester leading to completion of the degree;

(b) The student was making progress toward the degree with an attained cumulative grade point average of 3.00 or higher; and

(c) If a thesis was a degree requirement, the student had completed enough research and prepared sufficient notes and outlines for a substantive thesis to be completed on schedule; and

(d) The student was not involved in or suffering injuries sustained in or resulting from the student's commission of a felony.

309.4 Posthumous Juris Doctor Degrees will be awarded if at the time to of the student's death:

(a) The student was within one semester of completing all requirements for the Juris Doctor Degree;

(b) The student was in good standing at the David A. Clarke School of Law; and

(c) The student was not involved in or suffering injuries sustained in or resulting from the student's commission of a felony.

309.5 Upon notification of a student's death by any reliable means, the Vice President for Student Affairs shall:

(a) Verify the circumstances of death; and

(b) Notify the Registrar to duly annotate the student's academic records; and

309.6 Upon review of the student's academic record and verification that all requirements for a posthumous award are met and the approval of the department faculty, the Chairperson shall recommend to the Dean of the School or College that the student be awarded the appropriate degree posthumously at the next regularly Commencement ceremony.

309.7 Upon verification of the fulfillment of all requirements for the award, the Dean shall forward the recommendation to the Provost and Vice President for Academic Affairs. If the Dean finds that one or more elements for the posthumous award of a degree is missing, the Dean shall notify the Department Chair that the recommendation is rejected.

309.8 Upon review of the Dean's recommendation of posthumous degree award, the Provost and Vice President for Academic Affairs shall notify the Registrar to order and record the degree, with the designation "awarded posthumously" and to include the student's name in the Commencement program. The Provost and Vice President for Academic Affairs shall also notify the President of the University and the Board of Trustees of the Award. If the Provost and Vice President for Academic Affairs finds fault with the Dean's recommendation, the Dean shall be advised of its rejection and the reasons therefore.

309.9 Upon notification by the Provost and Vice President for Academic Affairs, the Registrar shall audit the student's record for compliance with all the requirements not only for the degree but also for posthumous award, and, if all is in order, shall record and order the posthumous degree.

309.10 The Provost will notify the Office of Student Accounts to waive any unpaid graduation fees for the student.

309.11 The posthumous award shall be announced publicly by the President and will be presented to a family member at the appropriate commencement ceremony. The name of the deceased recipient shall be read at the beginning of the respective College or School's list of names. If a family member is unable to attend the commencement ceremony, the Registrar's Office will send the diploma to the family member designated in the student's official file in the Office of the Registrar.

History

SOURCE: Notice of Final Rulemaking published at 53 DCR 5525 (July 7, 2006).

8-B DCMR § 310 ENROLLMENT

310.1 Matriculation of students to University programs shall be reconciled with the University budget, the long-range plans of the University, and the legitimate aspirations of the student body.

8-B DCMR § 311 LAND GRANT COLLEGE ACTIVITIES

311.1 The University shall take advantage of all provisions of legislation affecting its status and benefits as a land grant college.

8-B DCMR § 312 OFF-CAMPUS CENTERS, FARMING OPERATIONS, AND EXTENSION WORK

312.1 Off-campus centers and extension work to be conducted by the University shall be governed by the appropriate requirements of the individual centers and programs, as approved by the Board.

312.2 The University shall operate farms or mini-farms that are essential to the teaching, research programs, or extension functions of the academic activities.

8-B DCMR § 313 RESERVED

8-B DCMR § 314 RESERVED

8-B DCMR § 315 HONORARY DEGREES

315.1 Honorary degrees may be awarded by the Board, in accordance with the provisions of this section.

315.2 Board action on honorary degrees shall be upon recommendation of the President. The President shall consult with the Faculty Senate before making a recommendation to the Board.

315.3 Board approval of a recommendation for award of an honorary degree shall require an affirmative vote of three-fourths (3/4) of the members present at the meeting of the Board following the meeting at which the recommendation was made.

315.4 Honorary degrees shall not be awarded to members of the Board or to active employees of the University.

315.5 Honorary degrees shall not be awarded to former employees of the University until eleven (11) months or more after the date of separation of the employee.

315.6 No more than three (3) honorary degrees shall be awarded in a single ceremony.

8-B4 BUDGET AND FINANCE

8-B DCMR § 400 THE UNIVERSITY BUDGET: GENERAL PROVISIONS

400.1 All budgets for expenditures of the institutions of the University shall be approved by the Board.

400.2 The President shall prepare an operating budget for Educational and General activities and an operating budget for Auxiliary Enterprise operations of the University for the fiscal year within the limit of funds allocated plus internal income for the institution.

400.3 A procedures manual shall be developed which outlines the detail of the cooperative development of the University budget with input from faculty and staff.

400.4 Any expansion or decrease in operations that would necessitate any substantial change in the approved budget shall be submitted to the Board for approval.

8-B DCMR § 401 AUTHORITY OF THE BOARD AND UNIVERSITY OFFICIALS

401.1 No member of the Board of Trustees or any official of the University shall be authorized to expend any funds on hand which may have accrued from balances from previous periods or from income for any subsequent period unless those expenditures have been approved by the Board.

401.2 Bonds of public officials authorizing expenditures for any purpose in excess of budgeted amounts approved by the Board shall be liable for the amount of unauthorized expenditures.

8-B DCMR § 402 BUDGET DIVISIONS AND CATEGORIES

402.1 The financial, budgetary, accounting, and operational procedures for control of the fiscal affairs of the University shall be divided into two (2) divisions, as follows:

(a) The Educational and General division; and

(b) The Auxiliary Enterprises division.

402.2 The Educational and General division shall include the following categories:

(a) Administration;

(b) Instruction;

(d) Research;

(e) Extension;

(f) Plant operation;

(g) Student fees;

(h) Federal grants;

(i) Endowment income;

(j) Vocational funds;

(k) Income from sales;

(l) Gifts;

(m) Rental fees; and

(n) Other related items.

402.3 The Auxiliary Enterprises division shall include the following categories:

(a) Stores; and

(b) Other related items.

8-B DCMR § 403 BUDGET DIVISIONS: EDUCATIONAL AND GENERAL

403.1 The first division, Educational and General, shall be funded with income derived under this division and with funds provided by the District of Columbia.

403.2 Any savings made in operation of this division shall be expended only at the direction of the Board.

403.3 The Board shall also give due consideration to any loss that may occur in the operation of this division.

8-B DCMR § 404 BUDGET DIVISIONS: AUXILIARY ENTERPRISES

404.1 The second division, Auxiliary Enterprises, shall be funded on a self-supporting basis.

404.2 Funds collected from the enterprises in this division shall be used to provide the best possible facilities for the amount charged without subsidy or support from the funds of the University for maintenance and utility services.

404.3 The funds collected under this division shall be deposited in a private depository within the District of Columbia.

404.4 No more than ninety-five percent (95%) of the gross income from this division may be expended in the operation of the enterprises in the division.

404.5 Profits made from the enterprises in this division shall be used at the direction of the Board for maintenance of auxiliary enterprises.

8-B DCMR § 405 BUDGET SURPLUSES

405.1 The University shall retain non-appropriated funds at the end of each fiscal year. Retained non-appropriated funds shall be reported to the Board, and any expenditures from these funds shall be subject to prior approval by the Board.

405.2 The Treasurer of the Board, with the approval of the Chairman or Vice Chairman, shall be authorized to invest a portion or portions of the surplus funds of the University in short term United States government obligations with maturity dates of not more than one (1) year from the date of investment.

405.3 The Treasurer shall report investments made pursuant to § 405.2 to the Board for confirmation at the meeting following the investment.

8-B DCMR § 406 BUDGET DEFICITS

406.1 If the estimated internal income of the University falls below the income level set in the budget, the President shall attempt to reduce the budgeted expenditures to cover the anticipated deficit in income.

406.2 The President shall inform the Board of reductions made pursuant to this section.

8-B DCMR § 407 RESERVED

8-B DCMR § 408 RESERVED

8-B DCMR § 409 RESERVED

8-B DCMR § 410 STUDENT ACTIVITY FEES

410.1 Student activity fees shall be used for the benefit of the entire student body.

410.2 Student activity fees shall be allocated only to recognized student organizations and to the support of student activities by the University.

410.3 The President shall review and approve an annual budget and expenditure plan for allocation of student activity fees in accordance with a procedure established by the President.

410.4 Student activity fees shall be maintained in a separate depository account established by the University for that purpose.

410.5 Student activity fees shall be collected, disbursed, and managed in accordance with fiscal operating procedures established by the President.

410.6 The President shall provide for an annual audit of the student activity fee accounts as part of the annual audit of University accounts.

History

SOURCE: Final Rulemaking published at 42 DCR 2112 (May 5, 1995).

8-B DCMR § 411 BUSINESS ENTERPRISES AND SALES OF PRODUCTS AND SERVICES

411.1 The University may engage in any trade or business, including sales to the public.

411.2 Income generated from any trade or business, regularly carried on by the University that is not substantially related to the University’s educational activities may be taxable.

411.3 A University business enterprise may be operated as an auxiliary enterprise, subject to negotiated agreements with the University, if applicable, but shall in all cases be under the direct management, control, and supervision of the Chief Operating Officer of the University.

411.4 The University shall identify and report unrelated business income on its annual tax returns and remit any tax due, in compliance with federal, state, and local tax laws and regulations.

411.5 The Chief Operating Officer of the University shall ensure the University’s compliance with sales tax regulations by collecting, accounting for, reporting and remitting the required sales tax in a timely manner, for all taxable sales and rentals.

History

SOURCE: Sections 4.3, 4.4 of Task I, Revised – Part I, Attachment to UDC Resolution No. 77-9 (adopted April 21, 1977), published in Final Rulemaking at 24 DCR 306 (July 8, 1977), from the Proposed Rulemaking published at 23 DCR 9091 (May 13, 1977); as amended by §§ 4.3 and 4.4 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980); as amended by Final Rulemaking published at 66 DCR 7171 (June 14, 2019). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 411

8-B DCMR § 412 INVESTMENT OF TRUST FUNDS

412.1 The President, with the approval of the Board, may invest available trust funds of the University in Comptroller of the United States approved “safe” investments of governmental securities.

8-B DCMR § 413 FINANCIAL REPORT

413.1 A financial report for the University shall be prepared annually by the Treasurer and shall be published.

8-B DCMR § 414 DEPOSITORIES

414.1 The President shall determine the bank or banks in which funds of the University shall be deposited.

414.2 The President shall inform the Treasurer of the Board of the bank or banks where funds are deposited.

414.3 The Treasurer shall ensure that the bank or banks in which University funds are deposited furnish the required depository protection, in accordance with §§414.4 through 414.6.

414.4 Depositories where funds of the University are held in time deposits shall give a depository bond underwritten by an acceptable security company qualified to do business in the District of Columbia, or shall deposit those funds in other depositories in accordance with §414.5.

414.5 If funds are not subject to a depository bond, the depository shall deposit securities of the following classes with another depository satisfactory of the Treasurer:

(a) Direct obligations of the U.S. government;

(b) Obligations unconditionally guaranteed by the U.S. government; or

414.6 The current market value of securities deposited in accordance with the provisions of §414.5 shall be equal to or in excess of the amount of the time deposits held by the depository.

414.7 The Board, upon the recommendation of the Treasurer, shall designate the University official or officials who have authority to sign checks drawn on banks where funds of the institution are deposited. Persons so designated shall have authority to sign any related documents that are required by the depository banks.

8-B DCMR § 415 SALE OF SECURITIES

415.1 The Treasurer of the Board, with the approval of the Board, may sell, assign, request payment, and re-issue securities in accordance with the provisions of this section.

415.2 The provisions of this section shall apply to securities held by the Board in any fiduciary capacity whatsoever, including the following:

(a) Executor or administrator;

(b) Guardian or trustee; or

415.3 The provisions of this section shall apply to the following types of securities:

(a) Any and all United States securities of any description registered on the books of the Treasury Department; or

(b) Registered securities with respect to which the Treasury Department acts as the transfer agency.

415.4 The Treasurer, with the approval of the Board, may receive payment for any matured security and may reinvest the principal or the sum total in a like or similar security.

415.5 The Treasurer shall report all securities transactions to the Board.

8-B DCMR § 416 AUDITS BY FEDERAL, DISTRICT, AND PRIVATE AGENCIES

416.1 The District of Columbia auditing agencies shall be requested to make an audit of all University income and disbursements, including the Office of the Board of Trustees.

416.2 The President and the Treasurer shall make available to the District auditing agencies all information necessary to conduct an audit.

416.3 The Board may at its discretion also provide for audits by private auditing firms.

8-B DCMR § 417 RESERVED

8-B DCMR § 418 RESERVED

8-B DCMR § 419 RESERVED

8-B DCMR § 420 INSURANCE AND HAZARD RESERVE FUND

420.1 A Trustee Insurance and Hazard Reserve Fund (also referred to in this section as the "Fund") shall be established to provide protection against loss or damage to buildings, facilities, and their physical contents which are owned, operated, leased, or held in trust by the Board or a trustee of the University.

420.2 Protection may be accomplished by the investment and retention of the Fund as a reserve or by the payment from the Fund of the cost of insurance premiums for insurance which the University is required to carry or which the Board determines to carry.

420.3 Each year, the premiums required to be paid by law or by contract with the University shall be paid from the Fund.

420.4 Each fiscal year, an amount equal to not less than four dollars ($4) per thousand dollars ($1,000) of sound valuation of all buildings, facilities, and their physical contents owned, operated, leased, or held in trust by the Board or a trustee of the University shall be paid into the Fund, subject to the requirements of §420.5.

420.5 The total sum paid into the Fund in each fiscal year shall always be equal to or greater than the sum necessary to pay the premiums on insurance required to be carried either by law or by contract with the University.

420.6 The Fund may be invested and reinvested in direct obligations of the United States government or obligations unconditionally guaranteed by the United States government. All income and increments from the investments shall become a part of the Fund.

420.7 If at any time the value of the total assets of the Fund, other than those sums in the Fund representing amounts necessary to pay all premiums required by law or by contract, exceeds fifty dollars ($50) per thousand dollars ($1,000) of sound valuation of all buildings, facilities, and their physical contents not covered by insurance, the amount to be paid into the Fund during any fiscal year while this condition exists may be reduced to the amount required to be paid either by law or by contract.

420.8 Withdrawals from the Fund shall be made only to pay premiums, for investment or reinvestment purposes, or to reimburse the Board for loss or damage not otherwise reimbursed.

420.9 The amount of withdrawal for reimbursement of any loss or damage shall not exceed an amount which, when added to any proceeds of insurance received by the Board on account of the loss or damage, equals the replacement cost of the damaged or destroyed buildings, facilities, or physical contents.

420.10 Any withdrawal for the reimbursement of loss or damage shall be made only upon order of the Board.

8-B DCMR § 421 VETERANS EDUCATION AND TRAINING

421.1 The President or Treasurer of the Board shall negotiate, execute, and sign in the name of the Board of Trustees all contracts and renewals of existing contracts between the University and the U.S. Veterans Administration or other agencies of the United States government with respect to education and training, vocational rehabilitation, advising and guidance of veterans, and other programs under the provisions of Public Laws 78-16 and 78-346, as amended, and other laws passed by the Congress providing for the education and training of veterans.

421.2 The University shall submit to the Veterans Administration or other appropriate agencies of the United States government vouchers for services rendered under the provisions of contracts entered into pursuant to this section. All vouchers shall be certified by an official of the University.

421.3 Checks drawn on the Treasury of the United States of America in payment of services shall be made payable to the University and mailed directly to the University Finance Office.

8-B DCMR § 422 STUDENT LOAN MATCHING FUNDS

422.1 Money held in student loan funds may be used as matching funds for funds available under the National Defense Education Act of 1958 for loans to students when terms of the gift to the University permit use for matching purposes.

8-B DCMR § 423 TAX-FREE ALCOHOL

423.1 The President shall appoint a person at each of the colleges of the University to sign or issue all applications and other required documents pertaining to purchase, storage, and use of ethyl alcohol free of tax at the designated college of the University and to do all other proper or necessary things in order that alcohol may be used at the colleges of the University free of tax.

423.2 The Secretary of the Board may sign, in the name of the Board, all applications, permits, and other documents required to carry out the provisions of this section.

8-B DCMR § 424 GRATUITIES

424.1 No official or employee of the University shall accept any gratuity, courtesy, or gift in any form from any corporation, association, or person under circumstances which, directly or indirectly, suggest the possibility of future use of connections thus formed for securing favorable comment or consideration on any commercial commodity, process, or undertaking.

8-B DCMR § 425 PURCHASE OF GOODS AND SERVICES FOR PERSONAL USE

425.1 Employees of the University shall not purchase goods or services for personal use through channels used in the purchase of goods and services for the operation of the University.

8-B DCMR § 426 ACQUISITION OF MOTOR VEHICLES

426.1 The University shall not purchase passenger automobiles with appropriated funds.

426.2 The University may take title to donated passenger cars or other vehicles, or possession of vehicles where the use of the vehicles is donated to the University.

426.3 The President shall obtain approval of the Board before accepting title to or possession of passenger cars or other vehicles donated to the University as a condition precedent for the application and operation of the provision of District laws.

426.4 The University shall pay the reasonable and necessary cost of maintenance, protection, and operation of donated vehicles.

8-B DCMR § 427 RESERVED

8-B DCMR § 428 RESERVED

8-B DCMR § 429 RESERVED

8-B DCMR § 430 CASH ADVANCES TO EMPLOYEES

430.1 The President may authorize cash advances to employees in the following instances:

(a) To cover authorized expenses incurred on behalf of the University;

(b) To cover the cost and expense of authorized travel on official University business; and

(c) To make authorized purchases of minor items in accordance with standard limitations to be established by the President.

430.2 When an advance is made under §430.1, the employee shall submit the original copy of all invoices and receipts to document the expenditure of funds and return any unspent funds within seven (7) calendar days after returning to the work site.

430.3 The University shall only be obligated to recognize expenditures that are adequately documented, are consistent with the authorization, and are made in accordance with University travel expense requirements, cost principles, and other applicable limitations.

430.4 The President may also authorize cash advances to employees to cover salaries or wages of employees not paid when due on the regular payday when the delays are not through the fault or negligence of the employees.

430.5 Current employees who have received cash advances under §430.4, shall be required to sign appropriate agreements developed by the President which authorize automatic payroll deductions through the Office of the Comptroller.

430.6 If it is determined that an employee has failed to properly account for funds advanced under §430.1, the employee shall be entitled to contest the determination through appropriate grievance procedures.

430.7 If an employee files a timely grievance, the University shall not activate the payroll deduction under § 431 until a final determination is made by the President under the grievance procedures.

8-B DCMR § 431 COLLECTION OF DEBTS TO THE UNIVERSITY

431.1 If an employee in default on his or her indebtedness to the University has executed a District government form requesting the District to pay the employee's salary or wages directly to an account in a financial institution, the request shall automatically be cancelled in order to permit the employee's net payroll check to be sent to the Office of the Comptroller to pay off outstanding indebtedness. Any difference shall be paid to the employee.

431.2 Any person whose employment with the University has terminated shall account for and pay all sums and return property that has been determined to be owed to the University. This shall include sums owed on defaulted financial assistance loans.

431.3 The University shall have five (5) working days, after receipt of written notice from an employee or responsibility center manager of a proposed termination, to determine what funds and property have not been accounted for.

431.4 An employee shall be given a written statement which sets forth any sums due and property (with a dollar value assigned) which has not been returned. The employee shall then have one (1) business day to pay the amount due, return the property, or provide a satisfactory written explanation.

431.5 The President, or a designee, shall make a prompt determination and adjust the claim as he or she deems appropriate. Any sum determined to be owed shall be withheld from the employee's final paycheck.

431.6 Job applicants and current employees who are former or currently enrolled students, as a condition for future employment or the renewal of an appointment, shall repay in full all indebtedness to the University in accordance with the repayment terms and condition applicable in each case.

431.7 Current employees who are in default on repayment of financial assistance loans shall be required to bring payments up-to-date through automatic payroll deductions through the Office of the Comptroller with appropriate advance notice.

431.8 Until all indebtedness to the University has been repaid, current or former students who are in default on their indebtedness to the University shall be placed on the financial "bar" listing, and shall be denied the following privileges:

(a) Enrollment;

(b) Receipt of any type of financial assistance from the University;

(d) The right to participate in any program or activity sponsored by the University.

431.9 All persons in default on their financial obligations shall be subject to court proceedings as a final means to collect the amount owed.

8-B DCMR § 432 RESERVED

8-B DCMR § 433 RESERVED

8-B DCMR § 434 RESERVED

8-B DCMR § 435 RESERVED

8-B DCMR § 436 RESERVED

8-B DCMR § 437 RESERVED

8-B DCMR § 438 RESERVED

8-B DCMR § 439 RESERVED

8-B DCMR § 440 TRAVEL ON OFFICIAL BUSINESS: GENERAL PROVISIONS

440.1 Non-appropriated funds shall not be used to supplement appropriated funds in paying travel or official business expenses.

440.2 Travel and business expenses for a single trip or event may be charged to either appropriated funds or non-appropriated funds, but funds from both sources shall not be combined and used for any single trip or event.

440.3 The use of non-appropriated funds to cover travel and other business expenses shall be subject to the same dollar limitations as the use of appropriated funds; Provided, that one hundred percent (100%) of the travel and official business expenses of the members of the Board and the President may be paid from non-appropriated funds.

440.4 The provisions of §§ 440 through 445 of this chapter shall govern the authorization of travel and reimbursement of all official business expenses charged against non-appropriated funds. The authorization of travel and reimbursement of all official business expenses charged against appropriated funds shall be governed by the provisions of Title 1 DCMR, chapter 8.

8-B DCMR § 441 AUTHORIZATION OF TRAVEL AND BUSINESS EXPENSES

441.1 When University employees or members of the Board are required to travel or to incur business related expenses that are chargeable to non-appropriated funds, it shall be the responsibility of the authorized individual approving the expense to do the following:

(a) Ensure that each trip or expense is clearly required for the benefit of the University or Board;

(b) Limit the number of participants to the minimum required to accomplish the purpose; and

(c) Select the best alternative providing the least cost consistent with the purpose and the most efficient use of manpower and dollars.

441.2 Travel by the President or members of the Board (other than the Board Chairperson) shall be either authorized or approved by the Chairperson of the Board. Travel by the Chairperson of the Board shall be either authorized or approved by the Vice Chairperson of the Board.

441.3 Travel by other employees of the University shall be either authorized or approved by the President.

8-B DCMR § 442 REIMBURSEMENT FOR TRAVEL AND EXPENSES

442.1 University employees and Board members travelling on official business shall exercise the same care in incurring expenses that a prudent person would exercise if travelling on personal business.

442.2 Only those travel expenses essential to the transaction of official business shall be reimbursed.

442.3 Each claim for reimbursement of travel expenses shall be submitted on the appropriate reimbursement forms and shall be itemized.

442.4 Except as otherwise specified in §§ 440 through 445, each claim for reimbursement of expenses of more than ten dollars ($ 10) shall be accompanied by original receipts. Items not supported by valid receipts shall be deducted from expense reports received for payment.

442.5 It shall be the responsibility of the person requesting reimbursement to ensure that all documents are properly prepared, approved, and submitted within the time limits set forth in §§ 443 and 444.

442.6 A claim against the University shall be forfeited if the claimant attempts to defraud the University in connection with that claim.

442.7 Actual expenses for travel more than fifty (50) miles away from the District of Columbia (out-of-city travel) shall be reimbursed pursuant to the provisions set forth in §§ 443 and 444.

8-B DCMR § 443 REIMBURSEMENT FOR SPECIFIC TRAVEL EXPENSES

443.1 Each claim for hotel accommodations shall be supported by hotel receipts indicating the traveler's name, the date(s), and the amount charged per day.

443.2 Each claim for meal reimbursement shall be supported by receipts indicating the date, the number of persons, and the amount (including tax and tip) for meals costing more than ten dollars ($ 10). In no event shall the tip exceed fifteen percent (15%) of the total bill. The cost of alcoholic beverages indicated on the receipts shall not be reimbursed.

443.3 Each claim for reimbursement of registration fees shall be supported by receipts. Each receipt shall include the name of the registrant; the date(s) of the conference, seminar, or other registration; and the total amount paid.

443.4 Charges for local and long distance telephone calls, telegrams, or cablegrams related to official business shall be reimbursed. A log or statement shall be submitted indicating (for each call) the person called, the purpose of the call, the date, and the amount.

443.5 The cost of express mail or delivery services related to official business shall be reimbursed. A statement, accompanied by receipts, shall be submitted for each shipment indicating to whom the shipment was sent, the purpose of the shipment, the date, and the amount.

443.6 The cost of personal telephone calls, telegrams, cablegrams, mail, or deliveries shall not be reimbursed.

443.7 Other miscellaneous expenses not enumerated in this section, when necessarily incurred in connection with the transaction of official business, shall be allowed when authorized or approved.

8-B DCMR § 444 REMBURSEMENT FOR TRANSPORTATION COSTS

444.1 Inter-city travel via airplane, bus, or train shall be processed in either of the following ways:

(a) Transportation Request (TR) issued by the University; or

(b) Reimbursement by voucher (when no TR is issued and transportation costs are borne by the traveler on official business).

444.2 For transportation expenses paid by the traveler under §444.1(b), each claim shall be accompanied by the passenger coupon or the ticket.

444.3 The passenger coupon shall indicate the traveler's name, date(s) of travel, class of travel, origin and destination, and the cost of the transportation.

444.4 Expenses related to travel that are of a personal nature, including stop-overs or changes in travel itinerary, shall not be reimbursed.

444.5 Taxicab, bus, and limousine fares shall be reimbursed at the actual rate of fare, including tip. In no event shall the tip exceed fifteen percent (15%) of the total fare. Each request for reimbursement of expenses specified in this subsection in excess of ten dollars ($10) shall be accompanied by receipts indicating the date, the origin and destination of the trip, and the fare and tip paid.

444.6 The allowable reimbursement for use of a privately owned automobile for official travel shall be at the rate of twenty-one cents (21¢) per mile plus tolls.

444.7 Each request for reimbursement of the cost of tolls or parking shall be accompanied by an official receipt regardless of the amount.

444.8 The use of rental cars while out of the city on official business shall be approved by the duly authorized official prior to departure.

8-B DCMR § 445 ADVANCES AGAINST TRAVEL EXPENSES

445.1 An employee or member of the Board may receive an advance of funds to cover expenses to be incurred for official business.

445.2 An advance to a traveler shall be charged to the funds available and authorized for the payment of the traveler's expense.

445.3 If an advance is made for travel on official business, it shall be the responsibility of the traveler to ensure that an appropriate expense voucher is prepared and submitted to the authorizing official or his or her designee within seven (7) calendar days after return.

445.4 If the amount advanced is less than the amount of the voucher on which the advance is deducted, the traveler shall be paid the net amount.

445.5 If the amount advanced is more than the amount of the voucher, the traveler shall refund immediately the excess amount to the University.

445.6 If the authorized travel is cancelled or indefinitely postponed, the traveler shall immediately refund any advance that was made.

445.7 No employee or member of the Board shall be allowed to have more than one (1) travel advance or part of an advance at any time. Further, no request for any additional advances or authorization for travel shall be processed until all amounts due to the University from any previous advance, or portion of an advance, have been repaid.

445.8 Outstanding amounts due on advances that have not been fully recovered by deductions from reimbursement vouchers or voluntary refunds by the traveler shall be recovered from the person to whom the advance was made, or his or her estate, in accordance with applicable laws and the provisions of this chapter.

445.9 A charge of twenty dollars ($ 20) shall be imposed for each dishonored check received in payment of an outstanding advance or portion of any advance.

8-B DCMR § 446 TRAVEL FOR FINAL PRE-EMPLOYMENT INTERVIEWS

446.1 The University may reimburse an applicant for reasonable travel expenses incurred incidental to final pre-employment interviews for specifically designated positions, approved by the President.

2 Reasonable travel expenses will be reimbursed in accordance with the University’s travel policies and procedures.

History

SOURCE: Final Rulemaking published at 67 DCR 2604 (March 6, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 446

8-B5 FACILITIES, BUILDINGS, AND GROUNDS

8-B DCMR § 500 ACQUISITION OF REAL ESTATE

500.1 The Board may solicit the services of public and private agencies to assist in the acquisition of real estate for University approved purposes.

500.2 The University shall not accept title to either buildings or land without the prior consent of the Board Committee on Campus Planning, Buildings and Grounds.

500.3 Acquisition of real estate may be made by purchase, lease, rental, certificate of occupancy, or other means deemed appropriate by the Board Committee on Campus Planning, Buildings and Grounds.

8-B DCMR § 501 FACILITIES CONSTRUCTION BASIC FOR DEVELOPMENT

501.1 Facilities shall be constructed in accordance with the approved fiscal development plan for the University.

501.2 Construction programs shall be implemented pursuant to applicable University policies.

501.3 The University shall use professional services for the development of all capital projects.

501.4 Services may be rendered by University staff or through consultant or agency support, as recommended and approved for each specific project as submitted in the annual program budget.

8-B DCMR § 502 ARCHITECT/ENGINEER SELECTION

502.1 If external architect/engineer services are required, the University shall advertise for services on all projects in excess of one hundred thousand dollars ($ 100,000).

502.2 Priority consideration shall be given to the utilization of District of Columbia architect/engineer firms for the development of projects undertaken by the University; Provided, that this provision shall not be construed to allow the procurement of professional services that are less than competent.

8-B DCMR § 503 FINANCIAL MANAGEMENT OF CAPITAL PROJECTS

503.1 Each project shall be developed within the appropriated funding limit of the project.

503.2 The following shall be accomplished only with the expressed approval of the Board Committee on Campus Planning, Buildings and Grounds:

(a) Reprogramming in excess of twenty-five thousand dollars ($ 25,000);

(b) Budget increases in excess of twenty-five thousand dollars ($ 25,000); and

503.3 The University shall maintain complete and accurate project records, including architect/engineer selection, contract documents, shop drawings, specifications, and financial requests and disbursements.

8-B DCMR § 504 FACILITIES RENOVATION

504.1 All facilities shall be altered or renovated on the basis of program needs.

504.2 Alterations or renovations in excess of one hundred thousand dollars ($ 100,000) shall be subject to the annual approval of the Board.

504.3 An annual budget shall be developed as a portion of the capital budget submission for all renovation projects which are considered to be permanent improvements requests.

8-B DCMR § 505 PURCHASE OF FURNITURE AND EQUIPMENT FOR NEW BUILDINGS

505.1 All fixed and portable equipment shall be included as a portion of each project budget.

505.2 All Category I and II (fixed) equipment shall be included in the capital costs as a portion of the capital budget.

505.3 The University shall develop and submit justification for Category III equipment to be secured in accordance with University procedures.

8-B DCMR § 506 RESERVED

8-B DCMR § 507 RESERVED

8-B DCMR § 508 RESERVED

8-B DCMR § 509 RESERVED

8-B DCMR § 510 SIGNS AND MARKERS

510.1 Signs and markers on campus approaches and grounds shall be installed and maintained in accordance with approved plans of the University.

510.2 Campus signs shall be consistent with standards established in the approved University master plan.

8-B DCMR § 511 ENERGY CONSERVATION

511.1 The University shall obtain the economical delivery of electricity, gas, oil, water, and other utilities.

511.2 All new facilities shall be designed to maximize energy conservation while providing a functional educational environment.

8-B DCMR § 512 NAMES OF CAMPUS FACILITIES

512.1 University Campus Facilities shall be named by the Board of Trustees.

History

SOURCE: Final Rulemaking published at 53 DCR 560 (January 27, 2006).

8-B DCMR § 513 UNIVERSITY SECURITY FORCE

513.1 The University may establish a security force, including employment of sworn officers to ensure the security of the facilities and other resources of the educational environment.

8-B DCMR § 514 OCCUPATIONAL SAFETY AND HEALTH COMPLIANCE

514.1 The University shall ensure, to the maximum extent possible, that the personal safety and health of every employee of the University is of primary importance. The prevention of occupationally induced injuries and illnesses shall be given precedence over operating productivity whenever possible.

514.2 The University shall provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards.

514.3 The University shall maintain and enforce a safety and health program conforming with the best practices of institutions of higher learning.

514.4 The President, or a designee, shall have operational responsibility for the implementation of this section, including all required plans and procedures.

8-B DCMR § 515 SMOKING RESTRICTION

515.1 Pursuant to the provisions of the District of Columbia Smoking Restriction Act of 1979, as amended, D.C. Code. § 6-911, et seq. (the “Act”), smoking shall be prohibited in all University facilities, including all portions of buildings and structures owned or leased by the University.

515.2 The President shall ensure that all employees are notified of the smoking restriction set forth in this section and that signs or notices are posted in all areas where required, in accordance with the provisions of D.C. Code § 6-915, and Title 20 DCMR, §§ 1501 and 1503.

515.3 The President shall provide for the strict enforcement of the provisions of this section and ensure that all supervisors enforce the smoking restriction in the workplace areas under their supervision.

History

Source: Final Rulemaking published at 40 DCR 2384 (April 1993).

8-B6 CAMPUS LIFE

8-B DCMR § 600 RELIGIOUS FREEDOM

600.1 Although the University, as an agency of the District government, is restrained from taking any action or using any of its funds, assets, or personnel for the promotion or support of religious activities, in order to help broaden the social outlook of its students and allow them to develop deeper understanding and appreciation of their own faith and the faith of others, religious groups may be recognized for participation in the activities of the University.

8-B DCMR § 601 FRATERNITIES, SORORITIES, AND OTHER STUDENT ORGANIZATIONS

601.1 The University, in conjunction with the Board, shall continue to recognize student organizations established at any of the predecessor institutions of the University.

601.2 New groups seeking establishment on any University campus may apply to the Board for chartering and official recognition.

8-B DCMR § 602 INTERCOLLEGIATE AND INTRAMURAL ATHLETIC AFFAIRS

602.1 Management and control of intercollegiate and intramural athletic affairs shall be the responsibility of University authorities.

602.2 The University may participate in National Collegiate Athletic Association activities.

8-B DCMR § 603 EDUCATIONAL TELEVISION AND RADIO

603.1 The University may operate an FM radio station and an educational television station, UHF or VHF, pursuant to Federal Communications Commission rules and regulations.

603.2 If no broadcast license (frequency) is available, the University may link the campus through co-axial cable.

603.3 Program policies shall be determined by the President with the approval of the Board.

8-B DCMR § 604 Student Leaders Remitted Tuition Assistance

604.1 The University of the District of Columbia may remit up to 100% of the tuition of the duly-elected or appointed President, Vice President, Secretary and Treasurer of the Undergraduate Student Government Association (USGA) for courses not otherwise covered by non-reimbursable financial aid, in which each is enrolled, provided the conditions of § 604.4 of this subchapter are fulfilled by the student.

604.2 The University of the District of Columbia may remit up to 100% of the tuition of the duly-elected President of the Graduate Student Government Association (GSGA) for courses not otherwise covered by scholarship or other non-reimbursable financial aid, in which each is enrolled, provided the conditions of § 604.5 of this subchapter are fulfilled by the student.

604.3 The University of the District of Columbia may remit up to 50% of the tuition of up to two newspaper co-editors and up to two (2) yearbook co-editors for courses not otherwise covered non-reimbursable financial aid, in which they are enrolled, up to 12 credit hours for undergraduate students and up to 9 credit hours for graduate students, provided the conditions of § 604.4 or § 604.5 of this subchapter are fulfilled by the students.

604.4 Tuition shall be remitted to the undergraduate student leaders identified in §§ 604.1 and 604.3 provided they

a. Are currently enrolled;

b. Carry a course load of at least twelve (12) credit hours;

c. Maintain good academic and financial standing with the University;

d. Have at least 24 credits earned at the University;

e. Maintain at least a 2.5 cumulative grade point average as specified in UDC Resolution No. 95-12;

f. Have applied for non-reimbursable financial aid; and

g. Perform the duties assigned to their offices.

604.5 Tuition shall be remitted to the graduate student leaders identified in §§ 604.2 and 604.3 provided they

a. Are currently enrolled;

b. Carry a course load of at least nine (9) credit hours;

c. Maintain good academic and financial standing with the University;

d. Have at least nine (9) credits earned at UDC;

e. Maintain at least a 3.0 cumulative grade point average; and

f. Have applied for non-reimbursable financial aid; and

g. Perform the duties assigned to their offices.

604.6 Certification of a designated student leader for remitted tuition shall be made by the Director of Student Life upon review of the student's application for non- reimbursable financial aid and upon receipt of the student's grades at the beginning of each semester in which the designated student leader serves.

604.7 All questions or disputes about a designated student leader's qualification for remitted tuition shall be resolved finally by the Vice President for Student Affairs after consultation with the affected student(s) and the Director of Student Life.

History

SOURCE: Notice of Final Rulemaking published at 49 DCR 2901 (March 29, 2002).

8-B DCMR § 605 TRAFFIC REGULATIONS, GENERAL

605.1 The University of the District of Columbia (UDC) shall provide parking facilities, as available, for faculty, staff, students and visitors.

605.2 Vehicle operators who use University parking facilities shall abide by these regulations.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988).

8-B DCMR § 606 REGISTRATION OF VEHICLES/PARKING PERMITS

606.1 UDC faculty, staff and students may register their vehicles with the Office of Parking each semester.

606.2 Parking permit fees and refund policies shall be established by the President and approved by the Board of Trustees.

606.3 For purposes of these regulations, the term "faculty" includes all full and part-time members of the academic community as defined by the University. Full-time and part-time employees of the University, including contract personnel whose regular place of work is on cam pus, shall also be bound by these regulations. UDC faculty and staff shall not be eligible to purchase student parking permits.

606.4 To secure a parking permit, each student applicant shall furnish the Office of Parking:

(a) His or her UDC I.D. card;

(b) His or her valid driver license;

(d) Verification of automobile liability insurance; and

(e) His or her current semester class schedule validated by Cashier's Office.

606.5 To secure a parking permit, each faculty or staff applicant shall furnish the Office of Parking:

(a) His or her UDC I.D. card;

(b) His or her valid driver license;

(d) Verification of automobile liability insurance.

606.6 Vehicle registration for students, faculty and staff shall be completed prior to the end of the registration period. An individual shall be allowed to purchase one (1) permit per semester.

606.7 Issuance of a parking permit shall not guarantee a parking space.

606.8 The Office of Parking shall have the right to deny or revoke a parking permit to any person who:

(a) Does not satisfy the registration requirements specified in these regulations;

(b) Currently has driving and parking privileges on University owned premises suspended or revoked;

(d) Places a tag or sticker on a vehicle other than the vehicle registered;

(e) Falsifies registration information;

(f) Reproduces or alters a tag or sticker; or

(g) Transfers or uses a tag without proper authorization.

606.9 When a registered vehicle is replaced by another vehicle or when a new license plate is obtained for a registered vehicle, it shall be reported at once to the Office of Parking and Transportation. Upon proof of ownership of the vehicle, replacement decals shall be furnished for a five dollar ($5.00) charge.

606.10 When a new license plate is obtained for a registered vehicle, the change shall be reported to the Office of Parking within three (3) days after obtaining the new license plate.

606.11 Faculty, staff and students shall agree to maintain automobile liability insurance in force during the registration period Failure to maintain liability insurance may result in revocation of parking privileges.

606.12 The Office of Parking, at its option, may issue daily parking permits to University guests and visitors.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988).

8-B DCMR § 607 PARKING PERMITS

607.1 Automobile parking permits shall be displayed on the rear view mirror facing the front of the vehicle.

607.2 Motorcycle parking permits shall be displayed on the front fender of the motorcycle.

607.3 Temporary and special permits shall be placed on the dashboard, lower left, driver's side.

607.4 The cost of parking permits will be recommended by the President and approved by the Board.

607.5 The Office of Parking and Transportation may deny a parking permit to any person who does not satisfy the registration requirements set forth in this chapter or whose driving and parking privileges on University premises has been suspended or revoked for fines which have not been satisfied.

607.6 Parking permits for four (4) wheeled vehicles shall be displayed in the front windshield by being hung from the rear-view mirror or visibly in the windshield on the driver's side, Parking permits for two (2) wheeled vehicles shall be displayed in accordance with instructions issued with the permit.

607.7 If a parking permit is lost or destroyed, it must be promptly replaced. The fee for a replacement permit shall be forty dollars ($40).

607.8 When a new license plate number is obtained for a registered vehicle, the change in number shall be reported within three (3) calendar days to the Office of Parking and Transportation.

607.9 When a registered vehicle is replaced by another vehicle, the change of vehicle shall be reported immediately to the Office of Parking and Transportation. Upon proof of ownership of and insurance coverage for the new vehicle, a new parking permit shall be issued. The fee for the new parking permit shall be forty dollars ($40).

607.10 Proof of ownership (State registration or license tag card) shall be required at the time of purchase of the additional decals.

607.11 If an additional vehicle is to be used only for an emergency or temporary period, a temporary parking permit shall be obtained from the Office of Parking and Transportation. The daily cost of two dollars and fifty cents ($2.50) for parking shall be charged.

607.12 Each applicant shall agree to keep the required insurance in force for the period that the parking permit is effective. Failure to comply shall result in revocation of parking privileges.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 4401 (June 10, 1988); as amended by Final Rulemaking published at 35 DCR 7341 (October 7, 1988); as amended by Final Rulemaking published at 39 DCMR 558 (January 31, 1992); as amended by Final Rulemaking published at 41 DCR 7682 (November 25, 1994).

8-B DCMR § 608 VISITOR AND GUEST PARKING

608.1 Individuals, businesses, and organizations conducting business with the University shall be issued appropriate daily parking permits either at the non-University student, faculty, staff rate or the guest rate as arranged by the hosting department/office being serviced.

608.2 When an individual or organization representative visits the University, the host shall be responsible for making the necessary arrangements with the REFMPS in order to secure parking permits.

608.3 On special occasions, including but not limited to, athletic events, concerts, graduation exercises, and emergencies, parking and traffic limitations may be imposed if required by prevailing conditions.

608.4 The adopted parking rates are applicable to faculty, staff, students or contractors with University issued identification except in instances where parking is provided via a lease or contract by a third-party contractor to the University.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7341 (October 7, 1988); as amended by Notice of Final Rulemaking published at 58 DCR 10641, 10645 (December 16, 2011); as amended by Final Rulemaking published at 67 DCR 8464 (July 10, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 608

8-B DCMR § 609 SPECIAL OCCASIONS AND EMERGENCIES

609.1 On special occasions, including but not limited to, athletic events, concerts, graduation exercises, and emergencies, parking and traffic limitations may be imposed if required by prevailing conditions.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7341 (October 7, 1988).

8-B DCMR § 610 INFRACTIONS AND PENALTIES

610.1 Users of University parking facilities shall abide by established District of Columbia Motor Vehicle Regulations, DCMR Title 18. In addition, the University has adopted the following additional rules and regulations applicable to parking and vehicle operation on University property. Individuals may be ticketed, towed and/or subject to loss of parking privileges for violation of the following regulations:

(a) Abandoning a vehicle on University premises;

(b) Parking in "no parking" areas, Loading zones or other areas where parking is prohibited;

(d) Parking carelessly and improperly in more than one space;

(e) Exceeding the posted speed limit;

(f) Driving off of the roadway or street;

(g) Failure to obey a security officer;

(h) Reckless driving and/or racing;

(i) Leaving the scene of an accident;

(j) Driving on campus while under the influence of controlled substances;

(k) Failure to yield the right-of-way to pedestrians; or

(l) Driving or parking a vehicle on pedestrian paths, sidewalks or grassed areas.

610.2 Vehicles shall be parked within lanes marked for parking, not including fire lanes and reserved lanes.

610.3 The University may reserve certain parking spaces deemed necessary for the president, trustees, executive staff, official vehicles, visitors, handicapped, or similar categories.

610.4 Failure of the University to enforce any particular provision of these regulations shall not be deemed a waiver of future enforcement of that or any other provision.

610.5 Any vehicle which blocks or impedes access to entrances, exits, streets, alleys, roadways, or other vehicles may be towed away at the owner's expense.

610.6 Any vehicle for which the owner's or operator's driving or parking privileges on University premises have been suspended may be towed at the owner's expense.

610.7 The cost of towing and storage, and any other expenses incurred in towing a vehicle from University premises, shall be charged to the individual in whose name the vehicle is registered or who holds the parking permit.

610.8 Failure to adhere to District of Columbia and University rules and regulations may result in the suspension or revocation of parking privileges.

610.9 Nothing in these regulations shall be construed to limit the right of the District of Columbia government, the University's administration, or the Board of Trustees to seek additional legal or equitable remedies that may be available for damages or injuries sustained as a result of any negligent or other unlawful conduct on University premises.

610.10 REPEALED

610.11 REPEALED

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7341 (October 7, 1988); as amended by Notice of Final Rulemaking published at 58 DCR 10641, 10646 (December 16, 2011).

8-B DCMR § 611 HANDICAPPED PARKING

611.1 Reserved parking shall be available for disabled individuals and persons with temporary impairments.

611.2 The procedure for obtaining a handicapped parking permit is as follows:

(a) The applicant shall submit a Physician's Certification form (forms may be obtained from the Office of Parking) to the University Health Center to request an endorsement;

(b) The Physician's Certification form shall be forwarded to the Office of University Compliance if the endorsement is granted by the University Health Center;

(c) The Office of University Compliance (OUC) reviews the endorsement and notifies the applicant and the Office of Parking that it has approved or disapproved the endorsement;

(d) If the request is approved by OUC, the Office of Parking shall issue the applicant a Handicapped Parking Permit.

611.3 A Handicapped Parking Permit may not be issued unless the applicant also obtains a parking permit.

611.4 The Handicapped Parking Permit shall be valid as long as the applicant's regular parking permit remains valid.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7341 (October 7, 1988).

8-B DCMR § 612 DISCRIMINATION AND HARASSMENT

DISCRIMINATION AND HARASSMENT

The provisions of this chapter shall apply to all faculty, staff, and students of the University.

The provisions of this chapter are written in accordance with Federal and District laws and regulations, which are subject to amendment. To the extent these regulations become inconsistent with such amendments, the applicable provision of Federal or District law shall supersede this chapter.

The University prohibits discrimination of members of the University community on the basis of actual or perceived race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, and all protected classes as provided for and to the extent required by District and Federal statutes and regulations.

The University prohibits unwelcome and offensive acts or communications directed to individuals or groups because of actual or perceived race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, and all protected classes, as provided for and to the extent required by District and Federal statutes and regulations.

It is the policy of the University that all faculty, staff, and students work and learn in an environment free from sex discrimination and sexual harassment.

Disciplinary actions for discriminatory or harassing behavior may include one (1) or more of the following:

Sanctions as stipulated in the Code of Student Conduct, as applicable;

Requirement to attend training or other education;

Requirement to obtain counseling;

Work restrictions;

An oral or written warning (or letter of concern);

A written reprimand;

Suspension; or

Dismissal or expulsion.

612.7 Disciplinary sanctions and process will be implemented consistent with any applicable collective bargaining agreement.

Conduct claimed to constitute discrimination or harassment must be interpreted in light of the principle of academic freedom so as to protect a faculty member’s rights to teach, research and publish freely. The University does not intend that this policy will be used to address the typical differences of opinion that may arise in the academic setting and are part of the normal process of teaching and learning.

The University encourages students, staff, and faculty to utilize the internal complaint process prior to filing an external complaint. The internal complaint process may be found on the University Equal Employment Office webpage or by contacting the University Equal Employment Officer.

Persons who believe that they have been subjected to discrimination and/or harassment may be able to file a complaint with Federal and/or District government agencies (such as the D.C. Office of Human Rights, the U.S. Equal Employment Opportunity Commission, or the U.S. Department of Education’s Office for Civil Rights).

It is to be expected that, at all stages of any proceedings under this policy, confidentiality will be maintained to the greatest extent possible. Consistent with their obligations, all roles described herein are expected to maintain the highest standards of confidentiality. Communication by these persons with others with regard to discrimination and harassment complaints can be only on a required "need to know" basis. Others necessarily involved, such as the complainant, the respondent, and witnesses, will be encouraged to keep confidential to the greatest extent possible matters about which they or others provide testimony or information. With regard to such individuals, however, the University has no means by which to ensure strict confidentiality other than by providing notice of the standards of confidentiality by which the University expects all individuals involved to abide.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Notice of Final Rulemaking published at 59 DCR 540 (January 27, 2012).

8-B DCMR § 613 CONSENSUAL RELATIONSHIPS

613.1 A consensual romantic or sexual relationship between a supervisor and any employee in the chain of command of the supervisor is prohibited.

613.2 A consensual romantic or sexual relationship between an employee and all students over whom the employee exercises academic, administrative, supervisory, evaluative, counseling, or extracurricular authority is prohibited.

613.3 In cases of pre-existing relationships, the employee must disclose the relationship to the Title IX Coordinator who will inform the employee’s supervisor, so that alternative arrangements are put in place.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Notice of Final Rulemaking published at 59 DCR 540, 541 (January 27, 2012); as amended by Notice of Final Rulemaking published at 71 DCR 007445 (June 28, 2024). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 613

8-B DCMR § 614 RETALIATION

RETALIATION

Any action taken by the University or any employee or agent of the University to restrain, interfere, coerce or otherwise adversely affect a person’s employment, personal safety, academic efforts or participation in University-sponsored activities as a result of that person’s allegation of discrimination or harassment or cooperation in such an investigation or adjudication is strictly prohibited. No faculty member, administrator or staff, applicant for employment, or student may be subject to retaliation for action taken in good faith:

To seek advice concerning a discrimination or harassment matter;

To file a discrimination or harassment complaint; or

To serve as a witness or a panel member in the investigation or adjudication of a discrimination or harassment complaint.

Retaliation, if established, may result in disciplinary action against the offending party up to and including discharge from employment or dismissal/expulsion from the University.

If allegations of discrimination or harassment are determined by the Investigator, in consultation with the Vice President for Human Resources or his or her designee, to be both false and brought with malicious intent, the matter will be sent to the Vice President for Human Resources or his or her designee with a report and a written recommendation. The complainant may be subject to disciplinary sanctions as set forth in § 612.6, as determined by either the Office of Human Resources (employees) or the Office of Student Affairs (students).

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Notice of Final Rulemaking published at 59 DCR 540, 542 (January 27, 2012).

8-B DCMR § 615 EQUAL OPPORTUNITY (EO) STATEMENT

EQUAL OPPORTUNITY (EO) STATEMENT

615.1 The following version of the Equal Opportunity (EO) statement shall be used in all brochures and advertisements unless otherwise noted:

The University of the District of Columbia is an Equal Opportunity Affirmative Action institution. The University prohibits discrimination or harassment against any person on the basis of the actual or perceived actual race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, as provided for and to the extent required by District and Federal statutes and regulations. This policy covers all programs, services policies, and procedures of the University, including admission to educational programs and employment. The University emphasizes the recruitment of minorities, women, disabled individuals, disabled veterans, Vietnam era veterans, and other eligible veterans.

6155.2 The following short version of the EO statement can be used in place of the longer version in all small brochures and advertisements:

The University of the District of Columbia is an Equal Opportunity/Affirmative Action institution. Minorities, women, veterans and persons with disabilities are encouraged to apply.

615.3 If space in the advertisement is extremely limited, the words “Equal Opportunity/Affirmative Action” may be replaced with “EEO/AA” as follows:

The University of the District of Columbia is an EEO/AA institution.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Notice of Final Rulemaking published at 59 DCR 540, 543 (January 27, 2012).

8-B DCMR § 616 ALCOHOL AND DRUG POLICY

616.1 For the purpose of this section, the following terms and phrases shall have the meanings ascribed:

University- the University of the District of Columbia, the Community College of the District of Columbia, the David A. Clarke School of Law, and all affiliates, divisions, and programs;

Student- any person currently enrolled at the University for whom the University maintains records as defined by the Family and Educational Rights and Privacy Act (FERPA) and all related regulations;

Student Organization- any group of students who have complied with the University requirements for registration and are formally recognized by the University;

University Property- includes all buildings and spaces owned or leased by the University, including but not limited to; buildings or grounds in which students reside and in which University food service facilities are located; or any property which is used by the University regardless of physical location; and

University Event - any event or activity, whether on campus or off campus, which uses the name of the University explicitly, in which the University is mentioned or affiliated with, or to which the University is a sponsor or participant.

616.2 This section applies to all University faculty, staff, students, and visitors. This section is applicable to all University events, and all events which take place on University property, where alcoholic beverages are consumed or served. Failure to comply with any provisions of this section is a violation of University policy and any person violating these regulations is subject to University disciplinary measures and/or may be subject to prosecution by law enforcement authorities.

616.3 Individuals who engage in prohibited alcohol and drug behavior may be subject to disciplinary action and/or criminal prosecution under applicable law.

616.4 The unlawful possession, misuse, abuse and/or excessive consumption of alcoholic beverages or illegal drugs by students and employees on University Property or as part of any University event is strictly prohibited.

616.5 Students violating standards of conduct will be subject to sanctions consistent with local and federal law and University procedures, up to and including expulsion and/or referral for prosecution for violations of standards of conduct.

616.6 Employees violating standards of conduct will be subject to sanctions consistent with local and federal law and University procedures up to and including termination of employment and/or referral for prosecution for violations of standards of conduct.

Consumption of alcoholic beverages on University Property and/or University Events shall be by persons of the legal age of twenty-one (21) years or older. Under D.C. Law (D.C. Official Code § 25-1002 (2001 & 2011 Supp.)) it is unlawful for any person under the age of twenty-one (21) to purchase, possess, or consume alcoholic beverages. Consequently, it is unlawful for any person under the age of twenty-one (21) to purchase, possess, or consume alcohol while on University property or as part of any University event.

Engaging in drinking games, drinking contests, possession of kegs, “party-balls,” “beer bongs,” or other similar common-source containers, whether or not alcoholic beverages are present in such containers are expressly prohibited on University property.

Possession, distribution, and consumption of alcoholic beverages is prohibited on University property in which students reside, including on- campus and off-campus housing.

Consumption of alcohol on University property or at University events shall be allowed only with prior approval by appropriate University officials as indicated in the University guidelines.

616.11 The sale of alcoholic beverages on University property shall be strictly limited to approved locations with special permission from the Office of the President.

A temporary District of Columbia Alcoholic Beverage Control Board Class F license must be obtained if alcoholic beverages are being sold. For these activities, University approval will not be granted until a license is obtained. Sponsoring groups must adhere to all University policies and state and local laws.

In accordance with the educational philosophy of University of the District of Columbia and to maintain an environment conducive to reasonable study and living conditions, alcoholic beverages and related paraphernalia are prohibited in all University sponsored housing facilities. No students, faculty, or staff are permitted to store, consume, or possess alcoholic beverages or containers in University sponsored housing facilities and surrounding areas, including common areas (such as the main lounges, laundry rooms, study lounges, and workout room), pool area, courtyards, parking lots, stairs, and elevators.

The University shall develop guidelines for alcohol use consistent with University policy, and applicable local and federal laws, and regulations.

The University maintains the right to forward possible violations of federal or state laws, local ordinances, and University regulations, to the proper authorities through the University Office of Public Safety.

All documented violations of these regulations shall be referred to the cognizant Vice President for appropriate disciplinary action.

Student organizations that are determined to have violated this Section may face revocation of the organization’s eligibility to sponsor activities on University premises and/or revocation of the organization’s official registration.

Individual student members of the sponsoring group(s) or organization(s) may be charged and sanctioned in accordance with procedures set forth in the “Code of Student Conduct.”

Faculty and staff that are determined to have violated this policy may be referred for disciplinary action as set forth by all applicable University policies and procedures, including labor agreements.

Federal laws, District of Columbia laws, and University policy prohibit the unlawful use, manufacture, possession, distribution, or sale of any illegal narcotics, hallucinogens, dangerous drugs, or controlled substances on University property or at University events unless permitted by prescription or law. Failure to comply with applicable laws and/or policies may result in disciplinary action and/or criminal prosecution under applicable law.

In the event of a medical emergency, local authorities must be notified immediately. To ensure the safety of the University community and encourage compliance with this policy, the University may opt to offer amnesty from punishment under the Student Code of Conduct. Such amnesty will be applied as follows:

A person who receives emergency medical attention for alcohol consumption, or seeks assistance for someone in an alcohol-related emergency, will be required to attend an alcohol education program but will not be charged with violations of University alcohol-related policies under the Student Code of Conduct. No one may receive amnesty under this provision more than once;

A representative of an organization holding an event is required to promptly seek medical assistance in an alcohol-related emergency; and

Persons receiving amnesty under this provision are not exempt from arrest or criminal prosecution for violating alcohol or drug-related laws.

History

SOURCE: Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Final Rulemaking published at 59 DCR 544 (January 27, 2012); as amended by Final Rulemaking published at 63 DCR 12792 (October 14, 2016). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 616

8-B DCMR § 617 TIMELY WARNING

617.1 The University of the District of Columbia is committed to providing students, faculty, and staff timely notification of emergencies that may represent a serious or ongoing threat to the University community.

617.2 The University’s Department of Public Safety and Emergency Management is responsible for the issuance of timely warning procedures in compliance with local and federal law.

617.3 Timely warnings are issued in the event a situation, which arises either on or off campus, constitutes a threat to the University community. The decision to issue a timely warning shall be based on the requirements of §617.4 and other pertinent information on a case by case basis, with due consideration as to the possible risk of compromising law enforcement efforts.

617.4 Timely warnings shall be issued in response to the following crimes:

Murder;

Sex offenses;

Forcible or nonforcible robbery;

Aggravated assault;

Burglary;

Motor vehicle theft;

Manslaughter;

Arson;

(i) Arrests of persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and

(j) In response to certain crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim.

617.5 Methods of dissemination shall include at least two (2) of the following methods:

(a) Electronic distribution through e-mail;

(b) Posting of hard copies in public areas;

(d) Text messaging; and

(e) Posting on University websites, including Public Safety and Emergency Management and newsletters.

617.6 Following issuance, Timely Notifications or Crime Alerts shall be posted in conspicuous locations for public view for a period of no less than sixty (60) days.

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 7339 (October 7, 1988); as amended by Notice of Final Rulemaking published at 59 DCR 548 (January 27, 2012).

8-B DCMR § 618 REGISTRATION FEES, PARKING FEES, AND FINES

618.1 The registration fee for each four (4) wheeled vehicle for the Spring and Tail semesters shall be as follows:

(a) Faculty and Staff - one hundred fifty dollars ($150) per semester;

(b) Students - seventy-five dollars ($75) per semester.

618.2 The registration fee for each two (2) wheeled vehicle for the Spring and Fall semesters shall be forty dollars ($40) per semester.

618.3 The following registration and parking fees shall be charged for the summer terms:

(a) Four (4) wheeled vehicles FACULTY & STAFF STUDENTS

First summer term $40.00 $25.00

Second summer term $35.00 $25.00

Both summer terms $75.00 $50.00

(b) Two (2) wheeled vehicles FACULTY & STAFF STUDENTS

First summer term $20.00 $15.00

Second summer term $25.00 $20.00

Both summer terms $45.00 $35.00

618.4 The fee for persons who are not students at the University of the District of Columbia using University parking facilities shall be eight dollars ($8.00) per day, except as otherwise provided in this chapter.

618.5 The President may provide for the refund of parking permit fees to faculty, students, and staff based on reassignment, termination of employment, or other valid reasons, in accordance with the following:

(a) A handling fee of ten dollars ($10) shall be assessed for any parking fee refund for faculty and staff, and a five dollar ($5) fee shall be assessed for students.

(b) Upon request for a refund, a retroactive fee of one dollar and fifty cents ($1.50) per day for parking privileges shall be deducted from the refund paid to faculty and staff;

(c) Upon request for a refund, a retroactive fee of one dollar ($1) per day for parking privileges shall be deducted from the refund paid to students; and

(d) The fees specified in Section 618.5(a) shall not be deducted from refunds to employees who have been involuntarily reassigned to new duty locations.

618.6 The fines for violations set forth in Section 613 shall be as fellows:

(a) Class A offenses - five dollars ($5)

(b) Class B offenses - ten dollars ($10); and

618.8 The following monthly fees shall be charged for reserved parking:

(a) 9th and L Street, N.W. (Carnegie) lot $90 per month

(b) Yuma Street lot $60 per month

History

SOURCE: Notice of Final Rulemaking published at 35 DCR 4401 (June 10, 1988); as amended by Final Rulemaking published at 41 DCR 7682 (November 25, 1994); as amended by Final Rulemaking published at 49 DCR 2163 (March 8, 2002).

8-B DCMR § 619 EMERGENCY NOTIFICATIONS

619.1 The University of the District of Columbia is committed to providing students, faculty, and staff with timely notification of emergencies that may present a serious or ongoing threat to the University community.

619.2 The University’s Department of Public Safety and Emergency Management, in consultation with the President or his or her designee, shall establish an emergency response and evacuation procedures in compliance with applicable law.

619.3 An emergency notification is used for the purpose of informing the University community of a potentially dangerous situation.

All incidents that demonstrate potential safety or security risks to members of the University community shall be reported to the Chief of Public Safety and Emergency Management or his or her designee.

All emergency notifications shall be disseminated via e-mail, DC Alert, social networks, UDC website and related University websites, and local media outlets.

The University shall conduct both “evacuation drills” and “shelter in place drills,” which may either be announced or unannounced at the discretion of University officials. Such drills shall be conducted on an annual basis.

The University shall publicize its emergency response and evacuation procedures in conjunction with at least one test in a manner designed to reach students and staff.

Levels of Emergency include:

Level 1 – a minor incident that is quickly resolved and has little or no impact on personnel or normal operations outside the locally affected area;

Level 2 – a major emergency that disrupts sizeable portions of the campus community and may affect mission critical functions or life and safety, and which may require assistance from external organizations; and

Level 3 – a major crisis or disaster involving the campus and/or surrounding community, including a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff.

619.9 Administrative Chain of Authority- the order in which University Administrators assume authority in the event of an emergency. The Chain of Authority would be as follows:

(a) President;

(b) Provost;

(d) Vice President of Facilities;

(e) Vice President of Human Resources;

(f) Vice President of Student Affairs;

(g) Vice President of Communications;

(h) Managing Director of Finance;

(i) Vice President of Government Relations;

(j) General Counsel; and

(k) Vice Provost.

History

SOURCE: Notice of Final Rulemaking published at 59 DCR 550 (January 27, 2012).

8-B7 ADMISSIONS AND ACADEMIC STANDARDS

8-B DCMR § 700 GENERAL ADMISSION POLICIES

700.1 The University shall maintain an admissions policy which reflects the needs, aspirations, and character of the residents of the District of Columbia.

700.2 Any student who has a high school diploma or a General Educational Development (GED) certificate shall be eligible for admission to the freshman class within the University College.

700.3 Admission to the upper college or a major field of study shall be governed by the rules for admission established by the Vice President for Academic Affairs and the faculties of the respective colleges.

700.4 Eligibility for admission shall be based upon compliance with minimum requirements and conditions that shall be uniform throughout the University. The University reserves the right to prescribe additional requirements and conditions which must be met by all applicants.

8-B DCMR § 701 PRIORITIES FOR REGISTRATION

701.1 Students shall be admitted and registered in accordance with the following order of priorities:

(a) Continuing students in good standing at the University;

(b) Former students in good standing at the University;

(d) New applicants;

(e) Transfer applicants;

(f) Foreign students and non-resident applicants.

8-B DCMR § 702 APPLICATION REQUIREMENTS AND CONDITIONS

702.1 Prior to admission to the University an applicant shall meet the conditions and requirements set forth in this section.

702.2 An applicant shall have the necessary validated high school records sent directly from the applicant's secondary school to the University Director of Admissions.

702.3 An application form, together with a transcript of the applicant's previous academic work, shall be submitted to the Director of Admissions at least sixty (60) days before the registration date for the semester for which the applicant wishes to enroll.

702.4 An applicant for admission to a upper college or major field of study shall have satisfactorily completed at least sixteen (16) units of high school work in fields specified by the college or the program to which admission is sought as a major.

8-B DCMR § 703 PHYSICAL EXAMINATIONS

703.1 Each applicant for admission to courses in residence that carry academic credit shall be required to take a physical examination before acceptance as a student.

703.2 With approval of the college to which the applicant seeks admission, the applicant's family physician may make this examination and submit a report to the University.

703.3 Forms for the examination and report shall be furnished by the Director of Admissions.

703.4 Permission for registration shall not be granted any applicant until a report on the physical examination is made available to officials of the University.

703.5 Reports of physical examinations shall remain available to University officials and maintained in the University Health Service Office.

8-B DCMR § 704 EVALUATION AND GUIDANCE TESTING

704.1 Each applicant shall take additional tests that may be required for evaluation and guidance.

704.2 The Director of Admissions shall notify an applicant of the schedule of placement and diagnostic tests.

8-B DCMR § 705 SOCIAL SECURITY NUMBER

705.1 Each student applying for admission to the University shall furnish his or her social security number in the proper space on the printed application form.

705.2 The social security number shall be used to provide a permanent and lasting identification of each student.

8-B DCMR § 706 APPLICATION FEE

706.1 The University shall require an applicant for admission to pay an application fee at the time the application is filed, except that students who cannot pay the fee at that time shall be permitted to defer payment until the time of admission notice.

706.2 The fee shall be established by the Board for the purpose of covering the expense involved in processing the application papers.

706.3 The fee shall not be credited toward the matriculation fee if the applicant is accepted as a student.

706.4 If an applicant does not enroll as a student, the application fee shall not be refunded.

706.5 The application fee may be waived for applicants who demonstrate financial hardship under income eligibility guidelines determined by the Office of Admissions, or under other extenuating circumstances as determined by the University.

706.6 An applicant who fails to enroll for the semester for which he or she is accepted shall be required to re-apply for admission at a later time unless prior permission to defer admission has been received in writing from the University.

History

SOURCE: Notice of Final Rulemaking published at 37 DCR 5078 (August 3, 1990); as amended by Final Rulemaking published at 59 DCR 7506 (June 22, 2012).

8-B DCMR § 707 DECISIONS ON ADMISSIONS

707.1 The Director of Admissions may refer any application, including any application that involves unusual admission problems which cannot be handled routinely, to the Admissions Committee of the college or the Faculty Senate for study and advice.

707.2 The ultimate determination whether an applicant will be accepted or rejected shall be made by the Director of Admissions, subject to the applicant's right of appeal as established by the Board.

707.3 The Director of Admissions shall inform each applicant of the action taken upon his or her application as promptly as practicable.

8-B DCMR § 708 ADMISSION OF PERSONS NOT MEETING MINIMUM STANDARDS

708.1 In order to widen the opportunity for admission to the University and to meet the needs of students with both economic and cultural problems in their preparation, the University shall establish comprehensive educational summer programs in the University.

708.2 Applicants who do not meet regular admission standards may gain admission through participation and performance during the summer period.

8-B DCMR § 709 RESERVED

8-B DCMR § 710 TRANSFER STUDENTS

710.1 All rules applicable to students entering college for the first time shall be applicable to students transferring from other colleges and universities insofar as those rules are pertinent to the applications of transfer students.

710.2 The University shall establish procedures and guidelines regarding students entering from other colleges and the transfer of their credits.

710.3 A student transferring from another college shall ask the registrar of any college previously attended to forward transcripts to the Director of Admissions of the college to which he wishes to transfer.

710.4 The Director of Admissions shall ordinarily determine an applicant's academic qualifications for admission on the basis of other college transcripts. The Director of Admissions may require an applicant to submit transcripts of high school work.

710.5 An applicant shall not be considered for admission unless his or her transcripts show honorable discharge from the college last attended or officials of the institution last attended recommend the applicant's admission.

710.6 Transfer students shall be required to satisfy the same requirements as full-time enrolled students, including the following:

(a) Transfer students shall take the same comprehensive achievement tests requirements as other students;

(b) The amount of academic credit that the University may allow for work done in another institution within a given period of time shall not exceed the normal amount of credit that could have been earned at the University during that time; and

(c) No course credits may be transferred in which a student has earned less than a grade of "C" (or the equivalent on the transferring institution's marking scale).

8-B DCMR § 711 TRANSIENT STUDENTS

711.1 A student who is currently enrolled in another college or university, and who expects to return to that college or university, may apply for temporary registration as a transient student at the University.

711.2 The Director of Admissions of the University shall have evidence that the institution in which the transient student is currently enrolled is an accredited or approved institution.

711.3 An applicant may be accepted as a transient student only when it appears that the applicant's previous academic work is of satisfactory or superior quality. The Director of Admissions may require that an applicant submit a transcript of previous college work.

711.4 An applicant for admission as a transient student shall be required to present a statement from the dean or registrar of the institution at which the applicant is currently enrolled recommending admission as a transient student.

711.5 If there is any doubt about the qualifications of an applicant for admission as a transient student, the institution may classify the applicant as a transfer student and require the applicant to comply with all requirements for admission of transfer students.

711.6 Because the University's primary obligation is to its regularly enrolled students, the University shall consider the acceptance of transient students only when their acceptance will cause no hardship to the University or its regularly enrolled students.

8-B DCMR § 712 THE UNIVERSITY COLLEGE

712.1 All applicants for admission to the first year class as regular students of the University shall enroll in the University College.

712.2 The University College shall introduce students to the University with a high quality program in a general educational environment that is supportive and professional.

712.3 The standards and expectations of the University shall be clarified for students entering the University College.

712.4 Basic University-wide requirements (or general educational courses) shall be offered by the University College. Course offerings shall be differentiated according to student needs.

712.5 Continuous monitoring of student progress through both counseling and testing shall be provided by the University College to assess academic competence and to plan or modify the student's program of study.

712.6 A specified number of required credits shall be completed by students at the University College level and competency-based examinations shall be passed before admission to the upper college.

712.7 All faculty shall have responsibilities to the University College; however, faculty members shall hold appointments in the academic departments of the University.

8-B DCMR § 713 GRADUATE SCHOOL ADMISSIONS

713.1 Applicants for admission to graduate school shall be required to show evidence of an earned Baccalaureate degree from an accredited college.

713.2 An applicant for admission to a graduate school shall ordinarily be required to submit a transcript of courses taken at the college or university level which indicates preparation to undertake graduate work in the chosen field.

713.3 An applicant for admission to a graduate school shall take appropriate admission tests prescribed by the graduate school.

713.4 Scores on admission tests shall be received by the graduate school at least twenty (20) days before the registration date for the semester for which the applicant wishes to enroll.

713.5 An applicant shall comply with any additional admission requirements that have been established by the graduate school, as set forth in the catalogue supplement of each graduate school.

8-B DCMR § 714 SEMINARS, SHORT COURSES, AND INSTITUTES

714.1 An applicant seeking admission to a University seminar, short course, or institute that carries academic credit shall be required to meet all requirements prescribed for admission of students to undergraduate or graduate programs, depending upon the level of academic credit that the seminar, short course, or institute is designed to achieve.

714.2 Applicants who wish to enroll in non-credit seminars, short courses, and institutes shall present convincing evidence to prove that they have the educational background and the ability to pursue successfully the program of work they wish to enter.

714.3 The University shall have the right to prescribe the types of evidence that an applicant must submit in order to establish qualification for admission.

8-B DCMR § 715 AUDITORS

715.1 Individuals registered as auditors in courses at the University shall not be required to enter the University College.

715.2 Each college may prescribe admission requirements for auditors.

715.3 Auditors shall be required to pay fees at the regular rates except in cases where they enroll as auditors under special rules established by the Board.

715.4 Faculty and staff members of the University may attend classes offered within the University without registering as auditors upon approval of the Vice President for Academic Affairs.

715.5 Upon approval of the Vice President for Academic Affairs, a member of the faculty or staff may register for credit without fee for not more than one (1) course of three (3) semester hours per semester.

715.6 When enrolling in a class, a faculty or staff member may not displace an enrolled student if class size is a factor.

8-B DCMR § 716 IRREGULAR STUDENTS AND SPECIAL STUDENTS

716.1 All students of classifications not covered in this chapter shall be required to meet with the Vice President for Academic Affairs or the Director of Admissions, or both, for admission to undergraduate or graduate programs.

716.2 Students subject to the requirements of this section shall meet all requirements that may be prescribed by the University.

8-B DCMR § 717 VETERAN STUDENTS

717.1 Recognizing that there should be many opportunities for educational advancement while serving in the armed forces of the nation, and to enable students to apply armed forces training to formal education programs leading to conventional degrees, the University shall grant credit according to the recommendations of "A Guide to the Evaluation of Educational Experiences in the Armed Services," published by the American Council on Education.

717.2 Credits in other service educational programs may be established by comprehensive examination administered by the Armed Forces Institute or by similar examination administered by the University.

8-B DCMR § 718 EARLY ADMISSION

718.1 Unusually gifted students, upon recommendation or application, may enroll in the summer program for early entrance into the University.

718.2 Matriculation in the summer program may allow gifted students to enter the University College in the succeeding semester.

8-B DCMR § 719 INTERNATIONAL STUDENTS

719.1 The University, recognizing that the presence of students and scholars from other states and countries is a potential source of enrichment for the educational experience of all students, shall encourage the enrollment of international students in its undergraduate and graduate programs.

719.2 International students shall be required to meet University admission requirements.

719.3 Applicants for admission from outside the United States shall be required to meet standards established by the Council on Evaluation of Foreign Student Credentials (AACRO).

8-B DCMR § 720 INTERNATIONAL STUDENT STATU DETERMINATION

720.1 Any person determined to be a domiciliary of the District of Columbia shall be treated as a legal resident and shall be given all rights pertaining to status as a legal resident.

720.2 For purposes of this section, the following classifications shall apply to status determination of certain international students:

(a) Immigrant - an alien who has been lawfully admitted for permanent residence in the United States;

(b) Refugee - an alien who has been legally declared a refugee or who has applied for this status.

720.3 An alien who has filed a petition for adjustment to immigrant status at least ninety (90) days prior to registration and is in one of the following categories shall be granted the privileges of a resident (domiciliary) student:

(a) Married to a citizen or immigrant of the United States and is the beneficiary of the spouse's petition for immigrant status;

(b) Has a child who is a United States citizen born prior to January 1, 1977, and who has filed an application for adjustment to immigrant status prior to January 1, 1977;

(d) Has an approved petition from the United States Immigration and Naturalization Service (INS);

(e) Has evidence that an adjustment to immigrant status has been applied for as a result of his employment in an area determined to be in short supply in the U.S.; or

(f) Is the dependent child of a bona fide domiciliary of the District of Columbia.

720.4 The following aliens, whose purpose for coming to the United States is of a temporary nature, shall have non-domiciliary student status:

(a) Persons with student (F) visas;

(b) Persons with diplomatic (A) visas;

(d) Persons having other non-immigrant visas.

8-B DCMR § 721 RESERVED.

8-B DCMR § 722 PREFERENTIAL TUITION FOR DISTRICT OF COLUMBIA RESIDENTS

722.1 The Board of Trustees shall, in accordance with §31-1516(8), fix tuition to allow bona fide residents of the District of Columbia to attend the University, including the School of Law on a preferential tuition basis.

722.2 Any applicant for the preferential tuition established under Section (§ 722) shall be presumed to be a bona fide resident of the District of Columbia if the applicant has been, for the year prior to the date of the application for preferential tuition:

(a) Domiciled in the District of Columbia and either paid District of Columbia income taxes or received public assistance from a District of Columbia government agency; or

(b) Claimed as a dependent on District of Columbia resident tax returns filed by a parent or spouse of the applicant domiciled in the District of Columbia; or

(c) Graduated from a D.C. Public High School within the year before enrollment and was classified as a resident of the District of Columbia by the D.C. Public Schools.

722.3 Any applicant for the preferential tuition established under this Section (§ 722) who is not presumed to be a bona fide resident of the District of Columbia shall be required to establish by a preponderance of the evidence to the President or his or her designee that the applicant:

(a) Was a bona fide resident of the District of Columbia for one year prior to the applicant's request for preferential tuition; and

(b) Remains a bona fide resident of the District of Columbia.

For purposes of this subsection, a "preponderance" of the evidence is the degree of relevant evidence, considering all of the available information, sufficient to find that the claim of residency is more probably true than untrue.

722.4 in determining whether an applicant for preferential tuition under this section is in fact a bona fide resident of the District of Columbia, the following factors shall be taken into consideration:

(a) Whether the applicant has lived in the District of Columbia, as evidenced by lease or mortgage agreements;

(b) Where the applicant's driver's license, if any, was issued;

(d) Where the applicant is registered to vote;

(e) What address the applicant has used over the past several years for purposes of filing federal income tax returns, if any;

(f) Any other factors deemed appropriate by the President.

722.5 A matriculating student who is classified as a non-resident and whose domicile has changed may request reclassification as a bona fide resident. However, residence in the District of Columbia primarily to attend college does not establish domicile and eligibility for the preferential tuition described in this section.

History

SOURCE: Notice of Final Rulemaking published at 45 DCR 4395 (July 3, 1998).

8-B DCMR § 723 APPEAL OF ADVERSE RESIDENCY CLASSIFICATION

723.1 A student may appeal his or her classification as a non-resident student in accordance with the provisions of this section.

723.2 Within seven (7) days of notification of the adverse classification, the student shall file an appeal with the Registrar.

723.3 The Registrar shall issue a decision, which shall include the reasons for the decision, not later than fifteen (15) days after receipt of the appeal, excluding University holidays.

723.4 A student may appeal an adverse decision by the Registrar to the Vice President for Academic Affairs. The appeal shall be filed with the Vice President for Academic Affairs within seven (7) days after notification of the Registrar's decision.

723.5 The Vice President for Academic Affairs shall issue a decision on the appeal within thirty (30) days after receipt of the appeal.

723.6 A student may appeal an adverse decision by the Vice President for Academic Affairs to the President. The appeal shall be filed with the President within seven (7) days after notification of the decision of the Vice President for Academic Affairs.

723.7 The President shall issue a decision within thirty (30) days after receipt of the appeal. The decision of the President shall be the final administrative decision of the University.

723.8 During the pendency of the appeal process, the student shall be assessed the non-resident tuition rate.

723.9 If, pursuant to the appeal process set forth in this section, the student is determined to be a resident student, the official making that determination shall direct that a refund be issued to the student.

8-B DCMR § 724 RESERVED

8-B DCMR § 725 TUITION AND FEES: GENERAL PROVISIONS

725.1 All tuition and fees to be charged to the students at the University, as set forth in Sections 728 through 729, shall be approved by the Board.

725.2 All students registered for credit at the University shall be required to pay all approved fees.

725.3 Except as provided in subsection 725.4, resident, non-resident, full-time, or part-time students shall pay the amount set forth for students within their particular category, unless otherwise deferred or waived by specific authority of the Board.

725.4 In responding to the expressed need of a District of Columbia government agency to provide education or training to its employees, the University may charge resident tuition to the District of Columbia employees participating in the education or training regardless of whether they live in the District of Columbia.

725.5 Students shall pay tuition and fees, or the portion thereof that is not deferred pursuant to Section 725.4, in the form of cash, money order, certified check, or personal check guaranteed by a check guarantee service (such as "Telecheck") engaged by the University.

History

SOURCE: Notice of Final Rulemaking published at 37 DCR 5078 (August 3, 1990); as amended by Final Rulemaking published at 45 DCR 4397 (July 3, 1998).

8-B DCMR § 726 TUITION INSTALLMENT PLAN

726.1 To qualify for the Tuition Installment Plan a student shall:

(a) Be registering as a resident full-time student, or as a non-resident student with a course load of at least six (6) credit hours;

(b) Accurately complete the application form supplied by the University;

726.2 Applications for participation in the Tuition Installment Plan shall be submitted to the Vice President for Finance at least two (2) weeks prior to the first day of registration except that new students and readmitted students may submit applications until the close of registration.

726.3 Continuing students who submit applications later than two weeks before the first day of registration shall pay a late application fee of $10 if they are subsequently approved for the Tuition Installment Plan.

726.4 The Vice President for Finance, or his or her designee, shall approve the application if the student meets the requirements of §726.1.

726.5 Students who are approved for the Tuition Installment Plan shall pay, at the time of registration, one half (1/2) of the tuition and all applicable fees.

726.6 Students whose applications for the Tuition Installment Plan are approved shall execute, at the time of registration, a promissory note payable sixty (60) days after the first day of classes for the balance of tuition owed.

726.7 Failure by a student to pay the entire amount of the installment when due shall result in the following actions:

(a) The student will be administratively suspended at the end of the current term;

(b) The student's name shall be placed on the suspended list and the student shall be barred from registering until full payment is made;

(c) The University shall withhold the release of grades or credits, and deny to the student permission to register for subsequent sessions and all other student privileges until full payment is made to release the suspension and financial "bar"; and

(d) The student may forfeit all rights to participate in the tuition installment plan in any future semester. This penalty may apply even if the student's name is subsequently removed from the suspension list.

726.8 Installment payments shall be subject to the refund policy of the University. There will be no tuition and fees refunded to students who withdraw from the University five weeks after the beginning of the first class. Upon withdrawal, any promissory note balance shall be due and payable on demand.

726.9 Students prevented from repaying their promissory note due to incarceration in a District of Columbia Department of Corrections facility shall be entitled to defer that payment until sixty (60) days after their release from the facility and shall not be financially barred from participating in special educational programs jointly offered by the D.C. Department of Corrections and the University.

726.10 The President or his or her designee, shall develop and implement standard procedures for carrying out the provisions of this section.

History

SOURCE: Notice of Final Rulemaking published at 37 DCR 5079 (August 3, 1990).

8-B DCMR § 727 TUITION AND FEES: EARLY CHILDHOOD LEARNING CENTER

727.1 The early childhood learning center tuition shall depend on whether the parent is a UDC student and on whether the parent is a resident of the District of Columbia. The tuition charged shall be as follows:

(a) UDC Student / Resident $125 per month

(b) UDC Student / Non-resident $175 per month

(d) Non-student / Non-resident $300 per month

727.2 The early childhood learning center shall charge a fee of ten dollars ($10) for processing each application, payable at the time of the application

727.3 The early childhood learning center annual fees for all parents shall be the following:

(a) Snack and supply fee $60

(b) Re-enrollment fee $30

727.4 The fees set forth in subsections 727.2 and 727.3 above, shall increase by four percent (4%) effective August 16, 1991 and by another four percent (4%) effective August 16, 1992.

727.5 The fees set forth in subsections 727.2 and 727.3 above shall be discounted by ten percent (10%) for the enrollment of a second child from the same family.

8-B DCMR § 728 TUITION AND FEES: DEGREE-GRANTING PROGRAMS

728.1 The following tuition and fees have been approved by the Board of Trustees consistent with D.C. Official Code § 38-1202.06(8):

728.2 COMMUNITY COLLEGE ASSOCIATE DEGREE-GRANTING PROGRAMS

Per Credit Hour

Washington, D.C. Residents $117.00

Metropolitan Area Residents $197.00

All Other Residents $332.00

728.3 FLAGSHIP BACCALAUREATE DEGREE-GRANTING PROGRAMS

Per Credit Hour

Washington, D.C. Residents $324.00

Metropolitan Area Residents $374.00

All Other Residents $680.00

728.4 FLAGSHIP GRADUATE DEGREE-GRANTING PROGRAMS

Per Credit Hour

Washington, D.C. Residents $513.00

Metropolitan Area Residents $580.00

All Other Residents $986.00

728.5 DAVID A. CLARKE SCHOOL OF LAW DEGREE-GRANTING PROGRAMS

FULL TIME PROGRAM STUDENTS (FALL & SPRING SEMESTERS ONLY)

Per Semester

Washington, D.C. Residents $6,219.00

Metropolitan Area Residents $9,328.00

All Other Residents $12,436.00

728.6 DAVID A. CLARKE SCHOOL OF LAW DEGREE-GRANTING PROGRAMS ALL OTHER STUDENTS

Per Credit Hour

Washington, D.C. Residents $422.00

Metropolitan Area Residents $631.00

All Other Residents $843.00

728.7 SCHOOL OF ENGINEERING BACCALAUREATE DEGREE-GRANTING PROGRAMS

Per Credit Hour

Washington, D.C. Residents $345.00

Metropolitan Area Residents $400.00

All Other Residents $725.00

728.8 DEFINITIONS

(a) Full-Time Students. Any undergraduate or community student enrolled in at least twelve (12) credits hours per semester, or any graduate student enrolled in at least nine (9) credit hours per semester, shall be considered a full-time student for the purposes of calculation of tuition in accordance with this chapter. Full-time undergraduate and community college students shall be charged tuition for each semester in which they are enrolled in the amount of twelve (12) credit hours, regardless of the number of credit hours actually taken. Full-time graduate students shall be charged tuition for each semester in which they are enrolled in the amount of nine (9) credit hours, regardless of the number of credit hours actually taken.

(b) Metropolitan Area Residents. Any individual who can establish residency in one of the following counties shall be considered a Metropolitan Area Resident: Montgomery County, Maryland; Prince George’s County, Maryland; Arlington County, Virginia; Alexandria County, Virginia; Fairfax County, Virginia. The standards used to establish residency shall be the same standards used to establish residency for District residents.

728.9 The University shall charge the following miscellaneous fees:

(a) Application Fee, Graduate $50.00

(b) Application Fee, International $50.00

(d) Change of Course Fee $10.00

(e) Credit by Special Exam (per credit hour) $50.00

(f) Duplicate I.D. Card Fee $15.00

(g) Enrollment/Orientation Fee $100.00

(h) Graduate Writing Proficiency Exam $50.00

(i) Commencement Fee $125.00

(j) Laboratory Fee $50.00

(m) Late Application Fee $100.00

(n) Late Registration Fee $150.00

(o) Law School Graduation Fee (3 yr only) $325.00

(p) Returned Check Fee $50.00

(q) Student Health Insurance $1568 (Fall

Enrollment)

$935 (Spring

Enrollment)

$639 (Spring 2 Enrollment)

$394 (Summer 1

Enrollment)

$218 (Summer 2

Enrollment)

(r) Transcript Fee (first transcript) Free

(s) Transcript Fee (each subsequent) $5.00

(t) Tuition Management System Varies

728.10 Each student who does not have health insurance coverage or other means of health care financing shall obtain health insurance designated by the University or join a health maintenance organization designated by the University.

728.11 A separate laboratory fee of Fifty Dollars ($50.00) shall be charged for each laboratory course. The laboratory fees collected under this subsection shall be reserved for expenditures related to improvement and maintenance of University laboratories.

728.12 The technology fees assessed and collected under this section shall be reserved for expenditures related to improvement and maintenance of technology available to university students, faculty, and staff.

728.13 A student fee not to exceed $430.00 for certain mandatory activities, including but not limited to athletics, health services, technology, student center, career services and sustainability fees assessed uniformly to all enrolled students in the University and law school shall be charged each semester and summer term. An additional fee for all enrolled law students not to exceed $295.00 for activities at the law school each semester and summer term.

History

SOURCE: Final Rulemaking published at 37 DCR 5079 (August 3, 1990); as amended by Final Rulemaking published at 41 DCR 1099 (May 4, 1994); as amended by Final Rulemaking published at 42 DCR 2113 (May 5, 1995); as amended by Final Rulemaking published at 43 DCR 2996 (June 7, 1996); as amended by Final Rulemaking published at 44 DCR 5838 (October 10, 1997); as amended by Final Rulemaking published at 45 DCR 2002 (April 3, 1998); as amended by Final Rulemaking published at 45 DCR 4398 (July 3, 1998); as amended by Final Rulemaking published at 53 DCR 1415 (March 31, 2006); as amended by Final Rulemaking published at 53 DCR 5528 (July 7, 2006); as amended by Final Rulemaking at 54 DCR 2834 (March 30, 2007); as amended by Final Rulemaking published at 56 DCR 3690 (May 2009); as amended by Final Rulemaking published at 65 DCR 6052 (July 2009); as amended by Final Rulemaking published at 56 DCR 6700 (August 2009); as amended by Final Rulemaking published at 56 DCR 9563 (December 2009); as amended by Final Rulemaking published at 58 DCR 10648 (December 16, 2011); as amended by Final Rulemaking published at 59 DCR 7507 (June 22, 2012); as amended by Final Rulemaking published at 59 DCR 10001 (August 17, 2012); as corrected by Errata Notice published at 59 DCR 10298 (August 24, 2012); as amended by Final Rulemaking published at 61 DCR 9870 (September 26, 2014); as amended by Final Rulemaking published at 63 DCR 387 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7281 (May 13, 2016); as amended by Final Rulemaking published at 64 DCR 3801 (April 21, 2017); as amended by Final Rulemaking published at 64 DCR 11073 (October 27, 2017); as amended by Final Rulemaking published at 64 DCR 11075 (October 27, 2017); as amended by Final Rulemaking published at 65 DCR 12643 (November 16, 2018); as amended by Final Rulemaking published at 66 DCR 12431 (September 20, 2019); as amended by Final Rulemaking published at 67 DCR 1260 (February 7, 2020); as amended by Final Rulemaking published at 67 DCR 12688-12689 (October 30, 2020); as amended by Final Rulemaking published at 70 DCR 010846 (August 4, 2023); as amended by Final Rulemaking published at 73 DCR 011990 (August 21, 2026). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 728

8-B DCMR § 729 REFUND POLICY

729.1 Students may withdraw from classes by filing a University approved form and paying the required withdrawal fee.

729.2 Students who withdraw during the first five weeks of the semester are entitled to a refund of a percentage of their tuition depending on the week during which they file the withdrawal form as follows:

(a) Withdrawal through week I 100%

(b) Withdrawal through week II 80%

(d) Withdrawal through week IV 40%

(e) Withdrawal through week V 20%

729.3 Refund applies to tuition only. Fees are not refundable.

History

SOURCE: Notice of Final Rulemaking published at 37 DCR 5079 (August 3, 1990).

8-B DCMR § 730 SCHOLARSHIP AND LOAN FUNDS

730.1 The Board shall hold in trust the funds for the purpose of providing scholarships and loans to deserving students of the University.

730.2 Scholarship and loan funds shall be administered by University officials in accordance with guidelines approved by the Board.

8-B DCMR § 731 TRUSTEE SCHOLARSHIPS

731.1 Scholarships from appropriated funds for qualified bona fide residents of the District of Columbia who would not otherwise have available the funds necessary to obtain a college education shall be designated Trustee Scholarships and shall be named after deceased former Trustees of antecedent institutions.

731.2 The recipients of Trustee Scholarships shall agree to reside in the District of Columbia upon the completion of their program of study and engage in activities for which they are prepared through the scholarships for a period of one (1) year for each $3,000 received.

731.3 The President, or his or her designee, shall receive and allow or disallow all applications for scholarships.

8-B DCMR § 732 UNIVERSITY STANDARDS OF ACCOUNTABILITY

732.1 Each college of the University shall ensure that any student who completes a program in that college possesses the basic competency of academic literacy. The skills and goals within each program shall be designed and implemented to prepare students to be competitive with graduates with similar training.

732.2 Departments, colleges, and the University as a whole shall set measurable and recognizable objectives for each program, and faculty and students working together shall be expected to demonstrate competency through student accomplishments in their chosen fields.

8-B DCMR § 733 ACADEMIC STANDARDS: DEGREE STUDENTS

733.1 Each candidate for an Associate or Baccalaureate degree shall have a minimum cumulative grade point average (GPA) of 2.00 (a grade average of "C") or better.

733.2 Each degree candidate shall have completed both the University-wide requirements and the requirements of the applicable degree program.

733.3 Any enrolled student whose cumulative GPA is less than 2.00 shall be placed on academic probation.

8-B DCMR § 734 ACADEMIC STANDARDS: UNIVERSITY COLLEGE

734.1 A freshman student enrolled in the University College shall be required to achieve a cumulative grade point average (GPA) of 2.00 or a term GPA of better than 2.00 by the end of the third term of his or her enrollment (summer terms included).

734.2 A student who has less than a 2.00 cumulative GPA after three (3) terms shall be required to achieve a GPA of better than 2.00 each subsequent term of enrollment.

734.3 After three (3) semesters, a student enrolled in the University College shall be governed by the policy applicable to all other students.

734.4 A freshman student enrolled for three (3) terms, including summer, who has a cumulative GPA of less than 2.00 and who fails to achieve a term GPA of better than 2.00 shall be subject to suspension from the University.

734.5 Until a student in the University College achieves a 2.00 cumulative GPA, he or she shall abide by the following course load restrictions:

(a) GPA below 1.6 after the first semester of enrollment - Course load of nine (9) semester hours during the next semester of enrollment;

(b) GPA from 1.6 to 1.8 after the first semester of enrollment - Course load of twelve (12) semester hours during the next semester; and

(c) Cumulative GPA below 1.8 after the second semester of enrollment - Course load of nine (9) semester hours during the next semester of enrollment.

8-B DCMR § 735 ACADEMIC STANDARDS: TRANSFER STUDENTS AND OTHER STUDENTS

735.1 A student enrolled in the University but not subject to limitations imposed in the University College shall meet the requirements of this section.

735.2 If a student has completed thirty (30) hours, the student shall be required to maintain a cumulative grade point average (GPA) of 2.00.

735.3 If a student's cumulative GPA falls below 2.00, the student shall be required to achieve a term GPA of better than a 2.00 each term of enrollment until he or she achieves a cumulative GPA of 2.00.

735.4 A student who fails to meet the requirements of §735.3 shall be suspended for one (1) semester.

735.5 A student who has a cumulative GPA of less than 2.00 after completing thirty (30) hours or attending three (3) terms, whichever comes first, shall be limited to a course load of nine (9) semester hours. The Dean may grant permission for a course load of ten (10) hours.

735.6 A transfer student admitted as a probationary student shall be required to achieve a term GPA of 2.00 during the first term of enrollment. Thereafter, the transfer student shall be subject to the following academic policies:

(a) If the student has completed less than thirty (30) semester hours, the student shall be subject to the requirements applicable to the University College; or

(b) If the student has completed thirty (30) semester hours or more, the student shall be subject to the requirements applicable to degree candidates at the University.

8-B DCMR § 736 ACADEMIC PROBATION

736.1 A student who has not achieved a 2.00 cumulative grade point average (GPA) shall be placed on probation.

736.2 Notification shall be sent to a student by the Registrar's Office informing the student that his or her grade point average is below the acceptable level.

736.3 A notation of academic probation and academic suspension shall be entered on the official permanent record of the student.

8-B DCMR § 799 DEFINITIONS

799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Non-resident - a student whose domicile is not in the District of Columbia.

Resident - a student domiciled in the District of Columbia.

8-B8 INFORMATION, RECORDS, AND PUBLICATIONS

8-B DCMR § 800 PUBLICATIONS

800.1 All University publications shall conform to the University of the District of Columbia Publications Manual of Standards and Guidelines.

800.2 All catalogues, college bulletins, and other publications issued by the University shall contain the following notice printed in boldface type:

ALL MATRICULATION CHARGES, FEES, AND OTHER CHARGES ARE SUBJECT TO CHANGE AT THE END OF ANY SEMESTER

History

SOURCE: Section 6.7.0 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 800

8-B DCMR § 801 PUBLICITY

801.1 The President and the Director of Public Affairs of the University may give to the public and representatives of the media information pertaining to the University.

801.2 The Chairperson of the Board of Trustees, or his or her designee, shall be responsible for disseminating information relating specifically to the Board.

History

SOURCE: Section 6.7.1 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 801

8-B DCMR § 802 PRESERVATION AND DISCLOSURE OF PERSONNEL RECORDS

802.1 The University shall maintain personnel records in a manner that ensures confidentiality and personal privacy of employees.

802.2 For purposes of this section, personnel records shall include (but are not necessarily limited to) preemployment application forms; official documents covering hiring, promotion, tenure, demotion, transfer, lay-offs, termination, terms, and rates of compensation (direct and indirect); performance appraisal; and records relating to civil actions initiated by or against employees.

802.3 Personnel records shall be retained for a period of two (2) years from the action date unless otherwise subject to a longer statutory period.

802.4 Pursuant to D.C. Law 1-96, University officials shall refrain from disclosure of protected personnel information unless duly authorized by the employee.

802.5 Information about D.C. Law 1-96 and the University's implementation shall be contained in the procedures manual, and further information shall be made available in the Faculty and Staff Personnel Office.

History

SOURCE: Section 2.5.0 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 802

8-B DCMR § 803 STUDENT RECORDS: DISCLOSURE AND PRIVACY

803.1 The privacy and confidentiality of all student records, personnel records, and relevant exempt records shall be preserved.

803.2 The University shall comply fully with the provisions of the D.C. Freedom of Information Act, D.C. Law 1-96, which guarantees each student the right to examine his or her official school records and also guarantees the confidentiality of student records.

803.3 Information about D.C. Law 1-96 and the University's implementation shall be available in the Office of Student Affairs. A notice of these rights shall also appear in University publications, such as special announcements, administrative memoranda, and the appropriate student handbooks and shall be supplemented by the annual publication of these or subsequent guidelines and their distribution to students.

803.4 Officers of the administration, members of the faculty, and staff of the University shall respect the good reputation and privacy of each student by holding in confidence information they acquire in the course of their work.

803.5 The University shall make all school records available for inspection by students and their parents (if the students are under eighteen (18) years of age), and shall respond to objections raised to the contents of those records.

803.6 The University shall keep student records safe from review of others except for routine uses within the University.

History

SOURCE: Sections 7.0.8, 7.0.9 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 803

8-B DCMR § 804 FREEDOM OF INFORMATION ACT

804.1 This chapter contains the rules and procedures to be followed by the University in implementing the Freedom of Information Act, D.C. Official Code §§ 2-531 - 539 (hereinafter FOIA”) and all persons (hereinafter "requesters") requesting records pursuant to the Act.

804.2 Employees may continue to furnish to the public, informally and without compliance with these procedures, information and records, which they customarily furnish in the regular performance of their duties.

804.3 The public policy of the District of Columbia Government is that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees consistent with the provisions of the D.C. FOIA Act. All records not exempt from disclosure shall be made available. Moreover, records exempt from mandatory disclosure shall be made available as a matter of discretion when disclosure is not prohibited by law or is not against the public interest.

History

SOURCE: Section 6.7.2 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977); as amended by Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 804

8-B DCMR § 805 UNIVERSITY RESPONSIBILITY

805.1 The ultimate responsibility for responding to requests for records is vested in the Board of Trustees.

805.2 The Board of Trustees shall designate an individual as the Freedom of Information Officer and may delegate to that individual the authority to grant and deny requests and to respond to appeals pursuant to FOIA law.

805.3 The University shall post the name, title, address, telephone number, fax number, and e-mail address of its designated Freedom of Information Officer on its web page.

805.4 The Freedom of Information Officer shall attend meetings and training sessions, as required by law.

805.5 All agency employees who maintain records shall assist the designated Freedom of Information Officer, as appropriate, with the identification and search of responsive records.

History

SOURCE: Section 6.7.2 of Task I Revised, Part 1, of the UDC Resolution No. 77-9, published in final at 24 DCR 306 (July 8, 1977), incorporating by reference the text published as proposed at 23 DCR 9091 (May 13, 1977); as amended by Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 805

8-B DCMR § 806 REQUESTS FOR RECORDS

806.1 A FOIA request may be submitted orally or in writing.

806.2 Although oral requests may be honored, a requester may be asked to submit in writing a request for records.

806.3 A written request may be mailed, faxed or e-mailed to the University Freedom of Information Officer or Board of Trustees in the absence of a designated Freedom of Information Officer. The outside of the envelope or the subject line of the fax or e-mail shall state: "Freedom of Information Act Request" or "FOIA Request". In addition, a request shall include a daytime telephone number, e-mail address or mailing address for the requester.

806.4 A request shall reasonably describe the desired record(s). Where possible, specific information regarding names, places, events, subjects, dates, files, titles, file designation, or other identifying information shall be supplied.

806.5 Where the information supplied by the requester is not sufficient to permit the identification and location of the record by the agency without an unreasonable amount of effort, the requester shall be contacted and asked to supplement the request with the necessary information. Every reasonable effort shall be made by the agency to assist in the identification and location of requested records.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 806

8-B DCMR § 807 TIME LIMITATIONS

807.1 Within the time prescribed by applicable law following the receipt of a request, the University shall determine whether to grant or to deny the request and shall dispatch its determination to the requester, unless an extension is made.

807.2 In unusual circumstances, the University may extend the time for initial determination on a request up to the time prescribed by applicable law.

807.3 An extension shall be made by written notice to the requester, which shall set forth the reason or reasons for the extension. As used in this section "unusual circumstances" means, but only to the extent necessary to the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(b) The need for consultation with another agency having a substantial interest in the determination of the request or among two (2) or more components of the agency having substantial subject matter interest therein.

807.4 If no determination has been dispatched at the end of the period prescribed by law or the extension thereof, the requester may deem his or her request denied, and exercise a right of appeal in accordance with § 811.

807.5 When no determination can be dispatched within the applicable time limit, the University shall nevertheless continue to process the request. On expiration of the time limit, the University shall inform the requester of the following:

(a) The reason for the delay;

(b) The date on which a determination may be expected; and

The University may ask the requester to forego appeal until a determination is made.

807.6 For purposes of this chapter, a request is deemed received when the designated Freedom of Information Officer, or the Board of Trustees in the absence of a designated Freedom of Information Officer, receives the request submitted in compliance with the Act and this chapter. When the Freedom of Information Officer, pursuant to § 806.5, contacts the requester for additional information, then the request is deemed received when the Freedom of Information Officer receives the additional information.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 807

8-B DCMR § 808 EXEMPTIONS

808.1 No requested record shall be withheld from inspection or copying unless both of the following criteria apply:

(a) It comes within one of the classes of records exempted by the D.C. Law 1-96; and

(b) There is need in the public interest to withhold it.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 808

8-B DCMR § 809 RESPONSES TO REQUESTS

809.1 When a requested record has been identified and is available, the University shall notify the requester where and when the record will be made available for inspection or copies will be made available. The notification shall also advise the requester of any applicable fees.

809.2 A response denying a written request for a record shall be in writing and shall include the following information:

(a) The identity of each person responsible for the denial, if different from that of the person signing the letter of denial;

(b) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record or portion of a record withheld; and

809.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 809

8-B DCMR § 810 FEES

810.1 Charges for services rendered in response to information requests shall be as follows (not to exceed a maximum search fee per request as may be imposed by applicable law):

(a) Searching for records, $4.00 per quarter hour, after 1st hour, by clerical personnel as determined by UDC;

(b) Searching for records, $7.00 per quarter hour after the 1st hour, by professional personnel as determined by UDC;

(d) Copies made by photocopy machines... $ .25 per page;

(e) Charges for the initial review of documents, as permitted by applicable law, shall be assessed at the rate provided in Subsections (a), (b), and (c) above.

810.2 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.

810.3 Where an extensive number of documents is identified and collected in response to a request and the requester has not indicated in advance his or her willingness to pay fees as high as are anticipated for copies of the documents, the University shall inform the requester that the documents are available for inspection and for subsequent copying at the established rate.

810.4 A charge of one dollar ($ 1) shall be made for each certification of true copies of University records.

810.5 Search costs, not to exceed any dollar limitation prescribed by the Act for each request, may be imposed even if the requested record cannot be located. No fees shall be charged for examination and review by the University to determine whether a record is subject to disclosure.

810.6 To the extent permitted by applicable law, the University shall require that fees as prescribed by these rules shall be paid in full prior to issuance of requested copies.

810.7 Remittances shall be in the form either of a personal check or bank draft on a bank in the United States, or a postal money order. Remittance shall be made payable to the order of the University of the District of Columbia and mailed or otherwise delivered to the Freedom of Information Officer, or the Board of Trustees in the absence of a designated Freedom of Information Officer.

810.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

810.9 The University may waive all or part of any fee when it is deemed to be either in the Universities interest or in the interest of the public.

810.10 A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how the requested records will be used to benefit the general public.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 810

8-B DCMR § 811 APPEALS

811.1 A requestor may appeal a denial of a request to the Mayor. All appeals shall be in writing and shall include:

(a) Statement of the circumstances, reasons or arguments advanced in support of disclosure;

(b) Copy of the original request, if any;

(d) Daytime telephone number, email address or mailing address for the requester.

811.2 The appeal letter shall include “Freedom of Information Act Appeal” or “FOIA Appeal” in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:

Mayor's Correspondence Unit

FOIA Appeal

1350 Pennsylvania Ave, NW

Suite 316

Washington, D.C. 20004

811.3 The requester shall forward a copy of the appeal to the Freedom of Information Officer, or the Board of Trustees in the absence of a designated Freedom of Information Officer.

History

SOURCE: Final Rulemaking published at 61 DCR 3579 (April 4, 2014). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 811

8-B9 ALUMNI AFFAIRS

8-B DCMR § 900 STANDARDS FOR RECOGNITION OF A PETITIONING ALUMNI ORGANIZATION

900.1 No organization of alumni of the University of the District of Columbia (or its predecessor institutions) and/or other persons may use the name of the University of the District of Columbia in its name or in connection with its activities without first obtaining formal recognition of the Board of Trustees of the University and its express approval of such use of the name and logos or other insignia of the University.

900.2 Any organization of alumni of the University of the District of Columbia applying for such recognition and authorization shall incorporate itself pursuant to applicable District of Columbia laws for not for profit corporations, exclusively for charitable and educational purposes, and qualify for, attain and maintain 501(c)(3) status with the United States Internal Revenue Service.

900.3 Subject to the limitations of subsection 901.2, one express and explicit purpose of the organization shall be to undertake, promote, develop and conduct an educational program, including historical research exclusively of an educational character, about the University of the District of Columbia and its predecessor institutions.

900.4 It shall be an express purpose of the organization to perpetuate the history and memories of the University of the District of Columbia and its predecessor institutions, to encourage and assist the growth and development of the University.

900.5 It shall be an express and primary purpose of the organization to conduct fund-raising activities which shall inure to the benefit of the University of the District of Columbia, including developing a budget and funding its operations conducted in the University's Office of Alumni Affairs, other than the salary of the director of alumni affairs and the utilities. The University shall bear the expense of the salary of the Director of Alumni Affairs, standard office equipment, and utilities for the operations of the recognized organization from the UDC campus.

900.6 As provided by D.C. Code § 29-301.05 (2001 ed.), the organization may empower itself to accept by gift, devise, bequest or otherwise real and personal property of every kind and description; to purchase, hold, invest, sell, lease or otherwise dispose of the principal and income of the funds and property of the organization; and to enter into, make, perform and fulfill contracts of every kind or nature for any of the purposes of the organization; and to have an office at the University of the District of Columbia afforded by the University and directed by the University's director of alumni affairs and to have such other offices outside the District of Columbia as it becomes feasible to organize under its control and at its sole expense, but which shall coordinate with the University's director of alumni affairs; and to exercise all or any of the powers and operations of a corporation. Unless it is an University-established and owned organization, the organization shall hold the University Board of Trustees harmless for any of its acts or activities and those of its chapters or other affiliates.

900.7 The organization may affiliate chapters of qualifying members throughout the United States and the world, provided those entities are educational and charitable organizations which have qualified for exemption under Section 501(c)(3) of the Internal Revenue Code and of corresponding provisions of other revenue acts as may from time to time be enacted or amended in conducting the operations of the organization and provided further that the organization and operation of such chapters are consistent with the requirements for organization and operation of the recognized organization.

900.8 The organization shall not engage in any activity that is not educational or charitable within the intention of Section 501(c)(3) of the Internal Revenue Code of 1954.

900.9 The records of the finances and activities of the organization, and any affiliate shall always be open to the University and its auditors.

900.10 The organization initially shall be governed by a Board of Directors of not less than eleven persons and shall include four Trustees of the University specified herein and the University's director of alumni affairs, all of whom shall join the organization. Alumni Trustees and the fourth Trustee of the University appointed by the Chairman of the Board of Trustees shall be voting members of the Board of Directors. The University's director of alumni affairs shall be an ex officio voting member of the Board of Directors.

900.11 The organization shall maintain adequate Directors and Officers' Liability Insurance for its Board members and officers. The treasurer shall be bonded in an amount adequate to protect the assets of the organization.

900.12 The principal office of the organization shall be at the University of the District of Columbia and its mailing address shall be c/o The University of the District of Columbia, 4200 Connecticut Avenue, N.W., Washington, DC 20008. The office will be provided by and maintained by the University and shall be staffed by the University's director of alumni affairs.

900.13 Consistent with applicable D.C. not-for-profit corporation law, the organization shall be authorized to make, alter or repeal its By-Laws, but only by two-thirds of the votes cast by the membership at any regular or special meeting of the membership and only so long as the By-Laws are made and continued to be consistent with the requirements of this chapter. Bylaw changes must be submitted to the UDC Board of Trustees within thirty days of their adoption by the membership.

900.14 In the event of dissolution or termination of the organization, or withdrawal from it of the recognition conferred by the Board of Trustees of the University of the District of Columbia, which may be done at anytime but shall not be done without just cause, title to and possession of all property of the organization shall, after paying or making provisions for the payment of all liabilities and obligations of the organization and for the necessary expenses thereof, pass forthwith to the Board of Trustees of the University of the District of Columbia.

900.15 The organization shall adhere in all its operations and activities, wherever occurring, to the District of Columbia Human Rights Act in spirit and reality.

History

SOURCE: Notice of Final Rulemaking published at 51 DCR 775 (January 16, 2004).

8-B DCMR § 901 RECOGNITION

901.1 Upon final adoption of these rules and the determination by the Committee on Development and Alumni Affairs that the Articles of Incorporation and Bylaws of the University of the District of Columbia National Alumni Society, Inc. ("UDCNAS") conform to applicable D.C. law and these rules, the Board of Trustees of the University shall officially recognize the UDCNAS exclusively as the official organ of the University's relationship with its alumni.

901.2 Should such official recognition ever be withdrawn from the UDCNAS, or should it for any reason cease to exist, the Board will publish a notice describing how persons interested in founding a successor organization can obtain copies of these rules and specifying an address and deadline for the receipt of such applications.

901.3 All applications received by the deadline shall be presented to the Board of Trustees' Committee on Development and Alumni Affairs.

901.4 The Committee shall review the submitted materials and rank the candidates for the strength of the indicators for matching the articulated criteria. The Committee shall submit its recommendations to the Board of Trustees at a regular meeting.

901.5 The Committee's recommendation may be:

(a) to select one organization,

(b) to select one organization provided it makes certain adjustments to comply with the Board's requirements,

(c) to recommend the joining of two or more applicant organizations or other pooling of their skills and resources to create a combined or new organization that would meet the Board's requirements,

(d) to deny all the applicants and announce the reopening of the search, or

(e) to deny all the applicants and move instead to establish a University - owned and operated alumni association.

901.6 The Board of Trustees vote must be sustained by two-thirds of those Trustees present and voting.

901.7 A vote for options a, d, or e shall be final. A vote for options b or c shall result in return of the recommendation to the Committee on Development and Alumni Affairs for negotiation with the concerned candidate organization(s) for modification of their Articles of Incorporation or By-Laws. The application(s) of such organization may be reconsidered when the Committee on Development and Alumni Affairs determines that such further conditions as were imposed either have been met or will not be met.

History

SOURCE: Notice of Final Rulemaking published at 51 DCR 777 (January 16, 2004).

8-B DCMR § 902 PROCEDURE FOR WITHDRAWAL OF RECOGNITION

902.1 Should the President of the University or any other member of the Board of Trustees of the University believe that just cause exists to withdraw recognition from the organization, such concerns shall be presented in executive session to the Board of Trustees.

902.2 Upon the consensus of the Board of Trustees in executive session, that the concerns appear to be warranted, the Chairman of the Board of Trustees and the President of the University shall appoint a Special Committee to investigate the charges. The Chairman of the Board shall appoint to the Committee three Trustees who are not serving on the Board of the alumni organization. The President of the University shall appoint two additional persons to the Special Committee.

902.3 The Special Committee shall review the evidence submitted and discovered in its investigation and determine whether such evidence indicates just cause by the organization, its officers, or its Board of Directors. If so, it will develop specific charges of misconduct and notify the Board of Directors of the organization of the charges.

902.4 If the Special Committee has credible evidence that the assets of the organization are in jeopardy, it shall cause counsel to seek whatever legal remedies may maintain the status quo during the Board's investigation and determination process.

902.5 The Special Committee shall afford the Board of Directors an opportunity to address the Special Committee concerning the charges and any evidence relevant to either support or refute the charges.

902.6 Proceedings before the Special Committee shall not be adversarial, but shall be investigative.

902.7 If the Special Committee concludes, by a simple majority, that recognition should be withdrawn from the organization, it shall propose a resolution to that effect to the Board of Trustees, with its reasons and evidence.

902.8 Consideration by the Board of Trustees of a recommendation from the Special Committee shall be conducted in public at a regular or special meeting of the Board.

902.9 A spokesperson for the Board of Directors of the organization shall be allowed to address the Board of Trustees on the charges.

902.10 A vote to withdraw recognition must carry by two-thirds of the Trustees present and voting.

902.11 If the Board of Trustees votes to withdraw recognition, it shall promptly move to enjoin the organization from any further use of the name and logos of the University, from any further activities on behalf of the University, and for an accounting of all its funds and assets.

History

SOURCE: Notice of Final Rulemaking published at 51 DCR 778 (January 1, 2004).

8-B DCMR § 903 Office of Alumni Affairs

903.1 The President shall appoint a Director of Alumni Affairs whose primary purpose will be to establish an office of alumni affairs to effectively conduct the University's continuing relationship with its recognized alumni organization, including housing its books and records and coordinating the activities of the organization with the University.

History

SOURCE: Notice of Final Rulemaking published at 51 DCR 779 (January 16, 2004).

8-B DCMR § 999 DEFINITIONS

999.1 Alumnus(includes "alum(s)," "alumnae," and "alumni")… one who holds an academic degree, diploma, or certificate heretofore and hereafter awarded by the University of the District of Columbia or its predecessors (including the David A. Clarke School of Law and its predecessors) and all persons who were enrolled in classes [for credit] and attended the University or its predecessors for at least one semester, including summer sessions, and left in good standing.

999.2 Association...for the purpose of this chapter, an organization of alumni sharing a common interest in supporting and improving the welfare of the University of the District of Columbia.

999.3 Recognition... the formal acknowledgment and approval of the corporate existence of an organization of alumni for the purpose of supporting and improving the welfare of the University of the District of Columbia. Without such recognition by the Board of Trustees, no organization of persons, alumni or not, is authorized by the Board of Trustees to use the name of the University of the District of Columbia or any of its predecessor institutions either in its name or in connection with its activities.

999.4 Director of Alumni Affairs...an employee of the University of the District of Columbia, by whatever title, as may be officially assigned by the President of the University, whose responsibilities include serving as an ex officio member of the Board of Directors of any formally recognized alumni organization and using the University's office to facilitate the activities of that organization for the benefit of the University.

999.5 Member...an individual qualifying for any class of membership in a recognized alumni organization.

999.6 Just Cause...includes, but is not necessarily limited to, failure to maintain the standards of organization and operation required in these rules, failure to maintain corporate status as a 501(c)(3) nonprofit corporation, if incorporated, violation of any law, exclusion of any alumni for any unlawful reason, failure to provide for active participation by any interested and capable alumni, or financial insolvency.

999.7 Trustee Director...an Alumni Trustee of the University of the District of Columbia or other Trustee appointed by the Board of Trustees to serve on the Board of Directors of any formally recognized alumni organization.

History

SOURCE: Notice of Final Rulemaking published at 51 DCR 780 (January 16, 2004).

8-B11 GENERAL PERSONNEL POLICIES

8-B DCMR § 1100 PERSONNEL AUTHORITY

1100.1 The D.C. Comprehensive Merit Personnel Act of 1978 (also referred to as the "CMPA"), D.C. Law 2-139, Title VIIIA, §801A(a), provides for the creation of the Educational Service for all employees of the University of the District of Columbia except the following:

(a) Clerical, stenographic, or secretarial positions;

(b) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;

(d) Cooks, dieticians, and other positions involved in the direct planning, preparing, and serving of food;

(e) Technicians involved in the operation or maintenance of machinery, vehicles, equipment, or the processing of materials and inventory; or

(f) Positions, the major duties of which consist of the supervision of employees covered in paragraphs (a) through (e) of this subsection.

1100.2 Employees within the exceptions designated in §1100.1 shall be considered part of the Career Service established under the CMPA.

1100.3 Career Service employees of the University are governed by personnel regulations issued by the Mayor, except that the Board of Trustees (the "Board") has authority to the extent allowed by law to issue rules governing Career Service employees in the following subject areas:

(a) Hours of work;

(b) Holidays;

(d) Performance evaluation;

(e) Adverse actions;

(f) Grievances;

(g) Labor management relations;

(h) Political rights of employees; and

(i) Records management and privacy of records.

8-B DCMR § 1101 DELEGATION OF PERSONNEL AUTHORITY

1101.1 The President is authorized to appoint, promote, reassign, transfer, demote, and dismiss University employees, in accordance with the applicable provisions of the CMPA and this subtitle.

1101.2 The President may delegate personnel authority to the appropriate University administrators, who shall exercise that authority in accordance with the CMPA and the provisions of this subtitle.

1101.3 The Office of Personnel Management and Development (the "OPMD") shall have administrative responsibility for the recruitment and screening of applicants for positions in the Career and Educational Services.

1101.4 A candidate for appointment to a position in the Career Service or the Educational Service shall file an application and other documents that may be required by the OPMD, including but not limited to the following:

(a) Records of prior experience;

(b) Verification of professional and technical preparation; and

8-B DCMR § 1103 CAREER AND EDUCATIONAL SERVICE APPOINTMENTS

1103.1 Each appointment to the Career or Educational Service shall be classified as one of the following:

(a) Acting;

(b) Executive;

(d) Repealed;

(e) Sponsored program; or

(f) Temporary.

1103.2 Each appointment, other than one of the following types, shall be made on the competitive basis of merit:

(a) Repealed;

(b) Executive appointments;

(d) Temporary appointments.

1103.3 Each appointment shall be made in accordance with all applicable University classification standards.

1103.4 The terms and conditions of each initial appointment shall be specified in a Notice of Appointment.

1103.5 Each new appointment shall be approved by the President or his or her designee.

History

SOURCE: Final Rulemaking published at 40 DCR 3353 (May 21, 1993).

8-B DCMR § 1104 RESERVED

8-B DCMR § 1105 EQUAL EMPLOYMENT OPPORTUNITY

1105.1 No employee of the University shall discriminate against any person in any recruitment, examination, appointment, promotion, retention, training, disciplinary, or any other personnel action because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, matriculation, physical handicap, source of income, or place of residence or business.

1105.2 The University shall recruit, select, and appoint applicants in accordance with the Equal Employment Opportunity guidelines and affirmative action policies and procedures established by the District.

8-B DCMR § 1106 EMPLOYMENT REQUIREMENTS

1106.1 In accordance with D.C. Code, §1-609.1(d) and applicable District residency rules, each permanent employee hired after January 1, 1980, shall be required to be a resident of the District of Columbia. This provision shall not apply to any person who accepts a position or is hired to fill a position in the Educational Service as an Instructor, Assistant Professor, Associate Professor, or Professor in any of the engineering programs of the University.

1106.2 Each candidate for full-time employment shall be required to provide proof of his or her birth date at the time of appointment in order to establish eligibility for the University retirement plan.

1106.3 In order to be employed by the University, each foreign national shall be required to meet all requirements established under the Immigration and Naturalization Act, as amended, administered by the U.S. Department of Labor.

8-B DCMR § 1107 EMPLOYMENT OBLIGATION

1107.1 The President or a designee shall determine the employment obligation of each employee (except part-time or temporary employment where the obligation may be less) to be either of the following:

(a) Calendar Year Obligation - annual obligation of service for the full year (12 months); or

(b) College Year Obligation - annual obligation of service for any period less than a full year.

1107.2 During an employee's period of employment obligation, the employee shall execute the required duties and responsibilities consistent with the title of the employee's position.

8-B DCMR § 1108 HEALTH EXAMINATIONS

1108.1 The University may require a physical examination of any employee, prospective non-competitive employee, or applicant for employment.

1108.2 Employees in the following occupations or who are involved in work under any of the following working conditions shall be required to undergo an appropriate annual physical examination by the University Health Center:

(a) All workers in food service areas;

(b) Employees whose work requires good physical condition, including athletic coaches, security guards, truck drivers, equipment and machine operators, movers, custodians, and similar occupations;

(c) Employees assigned to work in areas where potentially hazardous physical, chemical, or biological agents or conditions may be present, such as excessive noise, unusual heat or cold, dust, or work with lasers or other hazardous equipment; and

(d) Employees whose jobs require acute hearing and sustained visual accuracy, as well as employees in other work situations in which physical condition is critically important to job performance.

1108.3 Annual examinations required for continuing employees shall be provided by the University.

8-B DCMR § 1109 RESERVED

8-B DCMR § 1110 PROBATIONARY PERIOD

1110.1 Upon his or her initial appointment, each employee shall be subject to a one (1) year probationary period.

1110.2 The President or a designee may waive the probationary period for any person who has previously completed a probationary period in the field of speciality for which that person is being hired at the University.

1110.3 If an employee serves under a temporary or part-time appointment in the same position for twelve (12) consecutive months or longer, and is subsequently assigned permanent full-time status in that position, he or she shall be deemed to have fulfilled the requirement to serve a probationary period.

History

SOURCE: Final Rulemaking published at 64 DCR 12701 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1110

8-B DCMR § 1111 TEMPORARY AND PART-TIME EMPLOYMENT

1111.1 An employee shall be deemed "temporary" when his or her appointment does not exceed three hundred sixty-four (364) days.

1111.2 Temporary employment may be on a full-time or part-time tour of duty and pay basis.

1111.3 All employees appointed on a Wages-As-Employed (W.A.E.) basis shall be deemed to be temporary employees.

1111.4 A grant, trust, and other sponsored program employee shall be deemed to be a temporary employee.

1111.5 An employee shall be deemed to be "part-time" if his or her assigned regular tour of duty is thirty-nine (39) hours or less per week.

8-B DCMR § 1112 WORK-STUDY PROGRAM FOR STUDENTS

1112.1 The University may employ students to perform responsibilities and tasks needed by the University as long as the performance of the student's duties does not interfere with the student's primary objective of obtaining an education.

8-B DCMR § 1113 EMPLOYEE POLITICAL ACTIVITIES

1113.1 Employees of the University shall be encouraged to exercise their full rights as citizens to participate in political activities to the extent that those activities are not expressly prohibited by law (including the provisions of subchapter III, chapter 73, of Title 5 of the United States Code) and are not in conflict with an employee's University duties.

1113.2 An employee shall immediately notify his or her supervisor and the appropriate vice president upon becoming an official candidate for public office.

1113.3 The President shall encourage an employee who becomes a candidate for public office to take leave of absence. An employee may, upon request, be granted leave without pay or accrued annual leave for the purpose of engaging in activities related to his or her political candidacy, in accordance with the provisions of chapter 13 of this subtitle.

1113.4 The provisions of this section shall apply to an employee who wishes to take a leave of absence to work in the campaign of an individual.

8-B DCMR § 1114 EMPLOYMENT OF RELATIVES

1114.1 The basic criteria for the appointment and promotion of personnel by the University shall be appropriate qualifications and performance.

1114.2 Relationship through family or marriage shall constitute neither an advantage nor a disadvantage in employment matters. An individual who is related to another University employee shall meet and fulfill all appropriate University appointment and promotion standards.

1114.3 No individual shall be employed in a department or unit under the supervision of a relative who has or may have a direct effect on that individual's progress, performance, or welfare.

1114.4 For purposes of this section, the term "relative" shall include a husband or wife, parent, child, brother, sister, and the in-laws of any of the these persons.

8-B DCMR § 1115 PROMOTION AND DEMOTION

1115.1 The University shall promote from within the ranks of existing employees of the University whenever possible.

1115.2 The University shall demote or reclassify an employee to a lower grade or classification level only for just cause, or at the employee's request.

1115.3 If a demotion occurs for any reason other than the unsatisfactory performance of the employee, the employee may remain at the same pay level for up to one (1) year. After the one (1) year period, the pay of the employee shall revert to the classified level of the position.

1115.4 The President shall establish uniform procedures to ensure that all employees are treated fairly and uniformly when dealing with a demotion or reclassification to a lower pay grade.

8-B DCMR § 1116 CONVERSION

1116.1 Subject to the provisions of this subtitle, an employee who accepts an appointment in a different employment service shall have the benefits and rights applicable to the new employment service at the time of conversion.

1116.2 The provisions of this section shall also apply to an employee who voluntarily converts from the Tier II of the Educational Service.

1116.3 Employees who convert to Tier I of the Educational Service shall have the benefits and rights applicable to Tier I of the Educational Service at the time of conversion.

1116.4 Upon conversion, the rights and benefits applicable to an employee prior to conversion to a new employment service or to Tier I of the Educational Service shall cease to apply to the employee.

1116.5 Each conversion shall be approved by the President or a designee before it is implemented.

8-B DCMR § 1117 REASSIGNMENT, DETAIL, AND TRANSFER

1117.1 University administrators authorized by the President shall exercise the right to reassign, detail, or transfer an employee when it is determined that the action will enhance or increase the productivity of a unit and better meet the objectives of the program to carry out the mission of the University.

1117.2 A minimum of five (5) work days prior notice shall be given to an employee before implementing a reassignment, detail, or transfer.

1117.3 A detail to a temporary assignment may be to a position of the same grade, a higher grade, a lower grade, or an unestablished grade.

1117.4 A position shall not be deemed filled by a detail, and the employee shall continue to encumber the position from which he or she was detailed.

1117.5 Reassignment shall not result in a change in the affected employee's compensation.

8-B DCMR § 1118 RESERVED

8-B DCMR § 1119 RESERVED

8-B DCMR § 1120 OUTSIDE EMPLOYMENT

1120.1 An employee may accept employment with another organization outside of his or her normal tour of duty hours if that outside employment does not constitute a conflict of interest with the employee's duties or responsibilities at the University.

1120.2 Outside employment shall be approved by the employee's immediate supervisor and the appropriate vice president.

8-B DCMR § 1121 DUAL COMPENSATION AND DUAL EMPLOYMENT

1121.1 Excepted Service appointees with or without faculty rank may teach during or after normal duty hours without pay. Teaching during duty hours shall be approved by the President or a designee.

1121.2 Administrative employees with faculty rank may teach during and after regular tour of duty hours without additional pay. The employee shall obtain the permission of the employee's immediate supervisor and the appropriate vice president.

1121.3 Employees other than those listed in §§1121.1 and 1121.2 may teach after normal tour of duty hours and ay receive compensation for teaching. All teaching duties shall be approved in advance by the employee's immediate supervisor.

1121.4 Employees who have permission to teach at the University shall complete appropriate personnel action forms. The completed forms shall be made a part of the employee's official personnel records.

8-B DCMR § 1122 GARNISHMENTS AND WAGE ATTACHMENTS

1122.1 The University shall not serve as a debt collection agent for an employee's debts to outside creditors.

1122.2 Garnishments and attachments of wages shall not be undertaken by the University, nor shall the University or any employee or agent of the University assume responsibility for determining the validity of any contested debt, except when required by legal mandate or expressly authorized under the provisions of this subtitle.

8-B DCMR § 1123 EMPLOYEE CONDUCT

1123.1 All employees of the University shall adhere to the rules of the University in the performance of their duties and responsibilities.

1123.2 An employee shall not solicit or accept any personal advantage which might in any way influence him or her in the conduct of University duties.

1123.3 An employee who fails to comply with University rules shall be subject to discipline or discharge.

8-B DCMR § 1124 RESERVED

8-B DCMR § 1125 STANDARD WORK WEEK

1125.1 In order to provide adequate and continuous service to meet the needs of students, faculty, and the community, the standard work week for the University shall be based upon the forty (40) hour week.

1125.2 The President shall organize the work schedules of employees into modules containing timeblocks appropriate for multi-dimensional operations.

1125.3 The University may provide for innovative scheduling strategies and flexible schedules to permit varied arrival and departure times.

1125.4 Flextime scheduling may apply to individuals or groups of employees, as is deemed necessary and appropriate, and as approved by, the appropriate vice president.

1125.5 An employee subject to a flextime schedule shall be required to meet the total number of hours scheduled for work each day.

1125.6 If the beginning hour and ending hour of a unit's standard work week present a scheduling problem for a particular group of employees that cannot be satisfactorily resolved through the use of flextime, a written request may be made to the President through the appropriate vice president to establish a special work week for that group.

1125.7 The assignment of different hours of duty for any employee or group of employees may be made in order to fulfill the functional requirements or educational needs of the individual or group.

1125.8 Modification of regular duty hours for reasons other than operational effectiveness or educational development shall be reviewed and approved by the appropriate vice president.

8-B DCMR § 1126 INCLEMENT WEATHER

1126.1 The University shall conduct business as usual on every scheduled day, unless the President or a designee determines that a complete or partial cancellation or modification of classes and other activities is warranted due to extraordinary circumstances of inclement weather.

1126.2 If the University is closed or other schedule change or cancellation is effected due to inclement weather, the President or a designee shall make an appropriate announcement through various news media.

1126.3 Unless the President or a designee officially declares a closing or other cancellation in accordance with this section, employees unable to report for duty due to inclement weather may be charged with vacation leave.

8-B DCMR § 1127 UNIVERSITY HOLIDAYS

1127.1 The University shall observe a number of public holidays as well as additional holidays determined by the official academic calendar adopted by the Board of Trustees.

8-B DCMR § 1128 RESERVED

8-B DCMR § 1129 RESERVED

8-B DCMR § 1131 STANDARDS OF CONDUCT FOR ADMINISTRATIVE EMPLOYEES

1131.1 Administrative employees shall be expected to perform their work efficiently and effectively and to be mindful of the public expectations of the University and its employees.

1131.2 Supervisors shall provide leadership for the persons they supervise, shall respect the dignity and rights of administrative employees and students as individuals, and shall set an example by their conduct, attitudes, and work habits.

1131.3 Faculty members serving in administrative positions shall be subject to the provisions of this section.

1131.4 An administrative employee shall not seek or accept any personal advantage which might reasonably be interpreted as an attempt to influence the employee in the conduct of the University duties.

1131.5 Personal advantage may include, but is not limited to, the following:

(a) Gifts;

(b) Personal loans; or

1131.6 An administrative employee shall not engage in activities outside his or her University employment which conflict or which might reasonably be considered to conflict with the employee's University obligations or responsibilities, or which conflict with his or her job performance or required hours of work.

1131.7 An administrative employee shall be expected to satisfy all just personal financial obligations, especially federal, state, and local taxes.

1131.8 An administrative employee shall exercise care in the use of funds, manpower, and property with which the employee may be entrusted.

1131.9 Administrative employees shall not use or permit the use of the University's time, facilities, and property for any purpose other than officially approved activities.

1131.10 An administrative employee shall be encouraged to improve employee performance and find more efficient ways to accomplish work.

1131.11 An administrative employee shall use opportunities to increase skills and expand work-related knowledge for self-improvement and improvement of the University.

8-B DCMR § 1132 PERSONNEL RECORDS MANAGEMENT AND PRIVACY OF RECORDS

1132.1 An official personnel record shall be established and maintained by the Office of Personnel Management and Development for each employee of the University.

1132.2 All personnel records shall be maintained to ensure employees and applicants privacy while providing adequate, necessary, and complete information for the University.

1132.3 Personnel records shall be disposed of in accordance with University, District, and federal guidelines.

1132.4 No employee or agent of the University shall disclose any personnel information about any University employee without first obtaining the written consent of the employee, except as follows:

(a) When the information is required by authorized University officials in the execution of their duties or responsibilities;

(b) When the information is subpoenaed by a court or law enforcement authority; or

1132.5 Upon request, an employee shall be permitted to review the contents of his or her personnel file. The review shall be conducted in the presence of an authorized representative of the Office of Personnel Management and Development.

8-B DCMR § 1133 RESERVED

8-B DCMR § 1134 FULL UNIVERSITY FURLOUGH

1134.1 A full University furlough may be conducted when it is required for budgetary reasons in the judgement of the Board of Trustees. If required, a full University furlough shall be conducted in accordance with this Section.

1134.2 The provisions of sections 1135 through 1139 shall not apply to a full University furlough conducted in accordance with this section.

1134.3 The President may exempt from a full University furlough any employee who carries out public health or public safety functions.

1134.4 Any exemption approved by the President pursuant to §1134.3 must be made applicable to:

(a) Every employee in a competitive level within the University; or

(b) Every employee in a competitive level within the University who is assigned to the same geographic location.

1134.5 The President, after consultation with the Board of Trustees, shall have the authority to approve or direct a full University furlough for the reason set forth in §1134.1.

1134.6 A full University furlough pursuant to 1134.1 shall not exceed seventy-two (72) hours in a leave year.

1134.7 The President shall have authority over the preparation for and implementation of a full University furlough.

1134.8 If the President finds that the preparation for or implementation of a full University furlough is contrary to these regulations, the President shall require appropriate corrective action.

1134.9 When a full University furlough is approved or directed by the President, the President shall prepare and issue a University-wide notice identifying all of the following:

(a) The reason for the full University furlough;

(b) Any exemptions from the full University furlough pursuant to §1134.3;

(d) The designated pay period(s) in which the full University furlough is to be conducted.

1134.10 Any changes approved by the President following the issuance of a notice of a full University furlough, as provided in §1134.10 shall be made known by issuing an amendment to the notice.

1134.11 If the President determines that a full University furlough is required for the reason set forth in §1134.1, the President shall also conduct a "full agency furlough" of Career Service Employees in accordance with regulations issued by the D.C. Office of Personnel.

1134.12 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the University shall be scheduled for the same number of furlough hours.

1134.13 Furlough dates shall be scheduled in full day increments, to the extent that full day increments are available.

1134.14 An employee shall not be furloughed on any date or at any time other than those specified in the notice to the employee.

1134.15 An employee shall be furloughed on each of his or her scheduled furlough dates regardless of any leave request or other reason for absence on the furlough date.

1134.16 An employee shall not be required to work on his or her scheduled furlough date and time.

1134.17 Each employee to be furloughed shall be entitled to written notice at least thirty (30) calendar days before the employee's first furlough date.

1134.18 In counting the thirty-day (30-day) minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday or legal holiday shall be automatically extended to the next working day.

1134.19 Each notice shall state the following:

(a) The dates and times on which the employee is to be furloughed;

(b) The place where the employee may review the University regulations governing full University furlough’s;

(c) The employee's rights, including the time limit for appeal and the location of the office to which an appeal should be sent.

1134.20 An employee who has received a notice of furlough under §1134.19 may file an appeal with the Office of Employee Appeals (OEA) under the provisions of 0EA's regulations, unless otherwise provided under a collective bargaining agreement, if her or she believes that the University has incorrectly applied the provisions of this section.

History

SOURCE: Final Rulemaking published at 38 DCR 2150 (April 12, 1991).

8-B DCMR § 1135 REDUCTION-IN-FORCE

1135.1 The University shall administer fair and equitable procedures for reduction-in-force ("RIF") when RIF actions are necessary.

1135.2 Whenever a position is abolished, discontinued, vacated, or transferred from one work unit to another under full jurisdiction of the University for any of the following reasons, the University may reassign, modify the work schedule, or change the responsibilities of an affected employee:

(a) Stoppage or lack of work;

(b) Lack of funds;

(d) Reorganization.

1135.3 The University shall notify each affected certified bargaining unit of its intent to implement a reduction-in-force procedure prior to notifying any potential affected employee.

1135.4 Each affected employee shall be given at least ninety (90) days advance notice of a RIF action. The notices shall be issued by the President or the appropriate vice president.

1135.5 Employees who are transferred to a lower position as a result of a RIF shall be entitled to continue to receive their present rate of pay for one (1) year.

8-B DCMR § 1136 REDUCTION-IN-FORCE: WORK UNITS

1136.1 The order of priority and preference set forth in the section shall be applied within affected work units when it becomes necessary to effect a reduction-in-force ("RIF").

1136.2 For purposes of a RIF, the following groups shall be treated as separate work units:

(a) Grant-funded individuals paid under particular grants. Each grant shall be considered as a separate and distinct work unit;

(b) Appropriated or indirect cost individuals within the offices of the President. Cooperative Extension Service employees who are paid with appropriated or non-appropriated USDA funds shall be covered in this work unit; and

1136.3 Non-grant-funded employees shall include, but are not necessarily limited to, individuals who are paid from appropriated or indirect cost funds.

1136.4 Grant-funded employees shall include persons who are paid with funds made available to the University pursuant to a specific contract or other written agreement which is usually designed to carry out a particular purpose.

1136.5 Positions to be reduced in force shall be identified by title and grade/level (excluding consideration of the individual's step in the grade/level) within each work unit.

1136.6 Only those grant-funded employees who have been designated as permanent employees pursuant to office personnel actions shall be considered permanent employees. However, all appointments of these employees shall be subject to the duration of the specific grant under which they have been hired.

8-B DCMR § 1137 REDUCTION-IN-FORCE: PRIORITIES AND PREFERENCES

1137.1 Competition within each title and grade/level specified in §1136.5 shall be resolved by an individual's standing within one (1) of the following employee categories:

(a) Category 1 - Permanent full-time salaried employees;

(b) Category 2 - Permanent part-time employees;

(d) Category 4 - Temporary full-time employees;

(e) Category 5 - Temporary part-time employees; and

(f) Category 6 - Wages As Employed (WAE) employees hired on an intermittent basis.

1137.2 Category 1 employees shall have the highest priority for retention.

1137.3 Category 6 employees shall have the lowest priority for retention.

1137.4 Competition between employees within the same work unit, title, and grade/level and in the same employee category shall be determined by the following factors:

(a) Length of service; and

(b) Veterans preference pursuant to University enabling legislation.

1137.5 Length of service shall include all previous employment with the University and its predecessor institutions. Length of service shall also include time guaranteed by the provisions of the University's enabling legislation or the D.C. Comprehensive Merit Personnel Act.

1137.6 Any employee seeking credit for previous service time which may be guaranteed by enabling legislation or the D.C. Comprehensive Merit Personnel Act shall be required to provide official documentation.

8-B DCMR § 1138 REDUCTION-IN-FORCE: HIRING AND RECALL

1138.1 An employee who is terminated during a reduction-in-force shall be placed on a preferential hiring list for a period of one (1) year. Hiring preference shall be based on the inverse order of reduction in each work unit. The provisions of this subsection shall not apply to grant-funded employees.

1138.2 If an employee is offered a position comparable in responsibility and pay to his or her previous appointment and declines the offer, that employee's name shall be removed from the preferential hiring list.

1138.3 An employee shall not be recalled out of order except where it is determined that a more senior employee does not meet the requirements for the position.

1138.4 An employee in a position that has been identified for transfer to another department shall be given an opportunity to transfer to the other department instead of separation or reduction in grade/level in the present department.

1138.5 An employee who is given the opportunity to move to a department under the provisions of §1138.4, or to any other department, and who refuses the transfer shall be terminated.

8-B DCMR § 1139 REVIEW AND APPEAL OF REDUCTION-IN-FORCE DECISIONS

1139.1 An employee who has been notified of release from a classified position through a reduction-in-force action may file a request for review with the President in writing within fifteen (15) calendar days after receipt of the RIF notice.

1139.2 When a RIF notice is issued by the President, the affected employee may file a request for a reconsideration with the President within fifteen (15) calendar days after receipt of the RIF notice.

1139.3 A request for Presidential review or reconsideration shall be filed before the filing of an appeal with the Office of Employee Appeals.

1139.4 The President shall issue a decision within forty-five (45) calendar days after receipt of the request for review or reconsideration.

1139.5 An employee may file an appeal with the Office of Employee Appeals if the employee believes that the University has incorrectly applied the provisions of §§1135 through 1139 of this chapter.

1139.6 The appeal to the Office of Employee Appeals shall be filed not later than fifteen (15) calendar days after the effective date the RIF action, or receipt of notice of the President's decision on review or reconsideration, whichever is later.

1139.7 The filing of an appeal shall not defer or delay the effective date of the RIF action.

8-B DCMR § 1140 UNIVERSITY OF THE DISTRICT OF COLUMBIA PERFORMANCE APPRAISAL SYSTEM

1140.1 The University of the District of Columbia Performance Appraisal System (hereafter "UDCPAS") shall be applicable to all non-faculty University employees, including temporary and executive appointments.

1140.2 The purpose of UDCPAS shall be to assure the effectiveness of the University's programs and services.

1140.3 Each permanent employee covered by UDCPAS shall be evaluated annually. Performance expectations will be set for all temporary employees; however, any provisions herein do not otherwise cover such employees.

1140.4 Employees will be evaluated on the basis of the critical elements of their positions.

1140.5 A critical element is defined as an aspect of a position that must be performed at least at the "Achieved Expectations" level for an employee to be retained in the position. If an employee receives "Failed Expectations" on a critical element the employee must be removed from the position by reassignment, demotion, or separation from the University.

1140.6 The performance appraisal cycle begins September 1 and ends August 31 of the following year.

History

SOURCE: Final Rulemaking published at 37 DCR 5083 (August 3, 1990); as amended by Final Rulemaking published at 46 DCR 6145 (July 23, 1999).

8-B DCMR § 1141 PERFORMANCE MANAGEMENT RECORD

1141.1 The Performance Management Record shall be prepared in a format to be designated by the University.

1141.2 The University shall also decide on the procedures to be used with the Performance Management Record.

1141.3 The Performance Management Record shall incorporate all forms required for performance appraisal. Guidance shall be provided in the Performance Management Record and in the Supervisory Guide.

1141.4 The Performance Management Record shall:

(a) List the critical elements of the employee's position;

(b) Identify the performance standards to satisfy each critical element;

(d) Contain a section on mid-point review processes; and

(e) Contain a section to record the official performance rating assigned to the employee.

1141.5 Each supervisor shall customize each critical element so that it is consistent with:

(a) The employee's official position description; and

(b) The overall mission of the University.

1141.6 For each critical element, the Performance Management Record shall include performance standards that shall describe levels of performance in terms of quantity, quality, timeliness, or other effectiveness measures.

1141.7 The decision of the supervisor on the content of the Performance Management Record shall be final, and the critical elements and performance standards cannot be grieved.

History

Source: Final Rulemaking published at 37 DCR 5083 (August 3, 1990); as amended by Final Rulemaking published at 46 DCR 6145 (July 23, 1999).

8-B DCMR § 1142 PERFORMANCE APPRAISAL PROCESS

1142.1 At the beginning of the appraisal period, supervisors shall complete for each employee, Section I-Performance Plan of the Performance Management Record.

1142.2 The Performance Plan may be changed at any time by the supervisor to reflect changes in the employee's assignments.

1142.3 The Performance Plan shall be discussed with the employee.

1142.4 A formal progress review shall be initiated and conducted by the supervisor within thirty (30) calendar days of the mid-point of the appraisal period. The review shall be documented in Section II - Mid-Point Review of the Performance Management Record. The purposes of the Mid-Point Review shall be (a) to discuss the employee's progress toward meeting performance standards for each critical element and (b) to make needed adjustments to the Performance Management Plan.

1142.5 Within thirty (30) calendar days of the end of the performance appraisal cycle, the employee and the supervisor shall complete Section III - End-of-Year Accomplishments of the Performance Management Record.

1142.6 Within the same thirty (30) calendar day period, the supervisor shall complete Section IV-Performance Rating of the Performance Management Record and assign one of the following ratings to each critical element, and as the overall rating:

(a) Exceeds Expectations -- 4 points

(b) Achieved Expectations -- 3 points

(d) Failed Expectations -- 0 points

1142.7 Section V - Individual Development Plan of the Performance Management Record shall be used at any time deemed appropriate by the supervisor to document career counseling and discussion of training needs and options.

1142.8 All ratings of "Exceeds Expectations", "Below Expectations", and "Failed Expectations" shall be supported by a written justification prepared by the supervisor.

1142.9 Should the employee disagree with the rating assigned, the employee may submit a written response within five (5) workdays to the approving official for consideration.

1142.10 Within five (5) workdays, the approving official shall assign a final rating.

1142.11 A copy of the final written appraisal shall be provided to the employee. After completion of the performance appraisal cycle, each supervisor shall submit original UDCPAS forms to the University's Office of Personnel Management. The Office of Personnel Management shall retain ratings for three years.

History

Source: Final Rulemaking published at 37 DCR 5083 (August 3, 1990); as amended by Final Rulemaking published at 46 DCR 6145 (July 23, 1999).

8-B DCMR § 1143 DEALING WITH DEFICIENT PERFORMANCE

1143.1 If the supervisor determines that an employee has failed one of the critical elements of the position, the supervisor shall place the employee on a Performance Improvement Plan (PIP) in which the employee is given at least thirty (30) days to improve, prior to assigning a performance rating.

1143.2 At the end of the PIP, the supervisor will evaluate the employee's performance and assign a rating to the employee.

1143.3 If the employee receives a rating of "Achieved Expectations" at the end of the PIP no further action is required of the supervisor.

1143.4 If the employee receives a rating of "Below Expectations" at the end of the PIP the supervisor, in consultation with the personnel director, shall document actions required of the employee.

1143.5 If the employee receives a rating of "Failed Expectations" the supervisor, in consultation with the personnel director, must propose one of the following actions:

(a) Reassignment to another position at the same grade and pay, if such a position is available;

(b) Demotion to a lower graded position with the appropriate reduction in salary; or

1143.6 The supervisor shall seek guidance from the personnel director and shall issue the employee a notice of proposed demotion or separation within five (5) workdays of assigning a rating of "Failed Expectations".

1143.7 The employee, with or without representation, shall have the right to respond, orally or in writing, to a proposal to the appropriate University Vice President or the Senior Administrator for University Services within five (5) workdays of the date of the notice of proposed demotion or separation.

1143.8 The appropriate University Vice President or the Senior Administrator for University Services will issue a written decision on the demotion or separation within five (5) workdays of receipt of the employee's response.

1143.9 Within five (5) workdays of receipt of the written decision of the appropriate University Vice President or the Senior Administrator for University Services, the employee may appeal the decision on demotion or separation to the University's Performance Action Appeals Committee (PAAC). The members of the PAAC are three senior level staff appointed by the University President. Within five (5) workdays of the employee's appeal the PAAC will conduct a hearing on the proposed demotion or separation.

1143.10 Within five (5) workdays, thereafter, the PAAC will issue its written decision to the employee.

1143.11 Decisions of the PAAC shall be the final agency decision.

1143.12 Demotions and separations approved by the PAAC shall be effective at the end of the next full pay period following the PAAC's decision.

1143.13 During the notice, appeal and decision period, the supervisor may, in consultation with the personnel director, place the employee on administrative leave with pay. Such a decision will not prejudice the outcome of the employee's appeal.

History

Source: Final Rulemaking published at 37 DCR 5083 (August 3, 1990); as amended by Final Rulemaking published at 46 DCR 6145 (July 23, 1999).

8-B DCMR § 1199 DEFINITIONS

1199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Acting appointment - assignment to a greater or lesser position for a period of one (1) year or less with the right to return to the former or a similar position without loss of pay or rank.

Administrative employee - a professional, technical, or para-professional employee of the University who has responsibilities associated with planning, development, implementation, and managing the educational or administrative functions of the University.

Appraisal - Comparison under an appraisal system of an employee's performance of duties and responsibilities with performance standards.

Appraisal period - The period of time established by an appraisal system for which an employee's performance will be reviewed.

Approving Official - The second level supervisor of the employee whose performance is to be appraised.

Conversion - the voluntary movement of an employee who occupies a position in one employment service to another position in a different employment service, or a change from Tier II to Tier I in the Educational Service.

Critical Function - Any component of an employee's job that is of sufficient importance that performance below the minimum standard established by management requires remedial action and denial of a within-grade increase, and may be the basis for removing or reducing the grade level of that employee. Such action may be taken without regard to performance on other components of the job.

Demotion - the reduction of an employee's classification level, pay level, or both due to unsatisfactory performance, decreased workload, abolishment of position, or change in organizational structure.

Detail - the temporary assignment of an employee to a different position for a specified period, with the employee returning to regular duties at the end of the detail.

Full University furlough - The temporary involuntary placement of all employees in the educational service (including those positions in the education service designated as excepted service), in a non-duty, non-pay status for an equitable period of time not to exceed seventy-two (72) hours within a leave year for the reason set forth in §1134.1.

Job Function - Any component of a position, such as a task, duty, or responsibility, the performance of which contributes meaningfully to success and failure in the position.

Performance - An employee's accomplishment of assigned duties and responsibilities.

Performance Plan - Document developed through the collaborative efforts of the employee and the supervisor at the beginning of the appraisal period which defines the critical functions against which the employee's performance will be appraised, establishes performance standards for those functions, and indicates potential ratings for specific levels of achievement.

Performance standards - The expressed measure of level of achievement established by management for the duties and responsibilities of a position or group of positions. Performance standards may include, but are not limited to, elements such as quantity, quality and timeliness.

Promotion - the movement of a staff member from one position to another position with greater duties and responsibilities or for which a higher salary grade or rate of pay is designated; or the assignment of duties and responsibilities to the staff member's current position which results in the formal reclassification of the position to a classification for which a higher salary grade or rate is designated.

Rating Official - The supervisor of the employee whose performance is to be appraised.

Reassignment - the movement of an employee in the same position to a new work location or to a new position within the same pay grade but not necessarily within the same job classification or the same work location.

Reclassification - an official change in a position classification due to a change in the duties and responsibilities of the position.

Regular appointment - an appointment made to fill a position on a permanent basis. An employee who receives an initial regular appointment serves a probationary period of one (1) year.

Sponsored program appointment - an appointment that is made for employees hired on non-appropriated funds that are subject to special terms and conditions in accordance with chapter 17 of this subtitle.

Temporary appointment - an appointment that is limited to, and does not exceed, three hundred and sixty-four (364) days.

History

SOURCE: Final Rulemaking published at 37 DCR 5083 (August 3, 1990); as amended by Final Rulemaking published at 38 DCR 2150 (April 12, 1991); as amended by Final Rulemaking published at 40 DCR 3353 (May 21, 1993).

8-B12 CLASSIFICATION AND COMPENSATION

8-B DCMR § 1200 CLASSIFICATION SYSTEM

1200.1 The President shall establish a classification system for all administrative positions. Positions shall be grouped by series or occupational titles.

1200.2 Written specifications shall be approved by the Vice President for Administration, or a designee, for each class in the classification system.

1200.3 The class specifications shall include the following:

(a) Class title;

(b) Characteristic duties and responsibilities;

(d) Any additional qualifications.

1200.4 The University classification system shall be based on the following objectives:

(a) The maintenance of an equitable salary structure throughout the University which provides a salary opportunity for each job that fairly reflects that job's complexity and accountability relative to other jobs;

(b) The establishment of a salary structure that is reasonable and which is competitive with salaries paid for similar positions in other organizations with which the University compares and competes for personnel; and

(c) The recognition and reward of different degrees of individual performance by provision of a sufficient salary opportunity framework, and guidelines that permit higher salary increases for better performance.

1200.5 The classification system shall be designed to inform all employees of the salary policy and procedures in a manner that will enable them to understand how the program will affect them individually and the means by which it will be maintained and updated in the future.

1200.6 The classification system shall provide a basis for making annual salary policy decisions that are related to the budgeted fiscal resources of the University.

8-B DCMR § 1201 SALARY ADMINISTRATION POLICY

1201.1 The salary administration policies set forth in this chapter shall be implemented to provide uniform, fair salary practices throughout the University.

1201.2 Each employee shall be paid fairly in relation to other positions within the University and at a level which is reasonably competitive with salaries paid for similar positions in similar organizations.

1201.3 University administrators and the staff of the Office of Personnel Management and Development shall utilize the salary administration policies set forth in this chapter as a consistent reference source upon which to base personnel actions within the limits of their authority to achieve effective salary application and cost control.

8-B DCMR § 1202 ADMINISTRATION OF THE CLASSIFICATION SYSTEM

1202.1 The President shall be responsible for the direction and control of the classification system in accordance with the provisions of this chapter.

1202.2 Each vice president and the director or head of each of the major organizational units shall be accountable for ensuring that the Office of Personnel Management and Development is provided, on a continuing basis, with current job content data for positions within their respective areas.

1202.3 Each vice president and the director or head of each of the major organizational units shall be responsible for the following:

(a) Communication of the system to all subordinate employees in order to ensure complete understanding of its policy, purposes, objectives, and application to each individual;

(b) Ensuring that the Office of Personnel Management and Development is informed of any changes in existing jobs and organizational structures;

(c) Ensuring that, prior to filling a new position, preparation and review of job content documentation is coordinated with the Office of Personnel Management and Development; and

(d) Ensuring that existing job content documentation is revised as needed to reflect significant and stable changes in positions, and that all documentation is provided to the Office of Personnel Management and Development.

1202.4 Other minagers and supervisors below the director level shall be accountable for participating as requested in the development of job content documentation and the maintenance of current documentation on a continuing basis. These individuals shall also be required to communicate directly with employees under their supervision on salary administration matters.

1202.5 The Director of Personnel shall be accountable for the functional implementation and direction of the system, and shall specifically be accountable for the following:

(a) The proper and consistent application and integrity of the system on a continuing basis;

(b) Maintenance of current job content documentation for all existing positions covered by the system in accordance with the provisions of this chapter;

(c) Equitable job measurement and classification judgments for positions at or above the director level through a study of position accountabilities in conjunction with the University's top-level administrators;

(d) Timely review and updating of all position evaluations and classifications as required to ensure proper maintenance and continuation of the program;

(e) Coordinating the work of the evaluation committees as required, and providing direction to those committees;

(f) Review and approval to ensure consistency of all measurement judgments for those positions studied by the committees;

(g) Maintenance and safeguarding of all evaluation and salary records as required;

(h) Provision of consultation on salary administration issues to top administrators, managers, supervisors, and others as appropriate;

(i) Maintenance of current information concerning applicable salary movements taking place in the external market; and

(j) Making recommendations at least annually concerning revisions of the University's salary structure for administrative positions.

8-B DCMR § 1203 EVALUATION COMMITTEES

1203.1 The President shall appoint the membership of one or more Evaluation Committees. These committees shall be standing committees.

1203.2 An Evaluation Committee may be asked to review evaluation judgments for positions that would be classified below the director level.

1203.3 Disagreement on evaluation judgments for director level positions or for Committee members' own positions shall be discussed between the Director of Personnel and the appropriate vice president. The final review and approval of cases in which there is disagreement between the vice president and the Personnel Office shall be by the President or the President's designee.

1203.4 The Director of Personnel shall coordinate meetings of the Evaluation Committees, prepare an agenda, and present jobs for evaluation.

1203.5 The Director shall ensure that proper evaluation procedures are followed using the Hay Guide Chart-Profile Method.

1203.6 Committee meetings shall be called when there is appropriate work for the committee.

1203.7 Committee membership shall be rotated periodically. No more than two (2) "new" members shall be appointed to a committee at the same time.

8-B DCMR § 1204 MAINTENANCE OF THE CLASSIFICATION SYSTEM

1204.1 The salary administration and classification system shall recognize changes in organization, job design, and external market influences through the following:

(a) Revision of job content documentation when job content has substantially changed;

(b) Preparation of documentation for new jobs;

(d) Annual review of salaries against the external marketplace.

1204.2 In order to preserve the benefits of job evaluation and promote consistency in salary administration practices, standard operating procedures shall be established and implemented to meet the following objectives:

(a) Assure employees that they are being treated fairly, and to provide incentive for personal growth;

(b) Provide control over salary expense;

(c) Ensure that salary policies are soundly administered and that the elements (including Position Data Forms, evaluations, and salary structures) are currently maintained; and

(d) Provide flexibility for organizational change and growth.

8-B DCMR § 1205 MAINTENANCE OF CURRENT JOB CONTENT DOCUMENTATION

1205.1 Annually, each supervisor shall meet individually with his or her subordinates to discuss any changes which might have occurred in position content. The Office of Personnel Management and Development ("OPMD") shall be responsible for coordinating and scheduling this effort. Each vice president shall be contacted prior to the review so that appointments can be made for supervisors to discuss job responsibilities with the subordinates.

1205.2 The current Position Data Form ("PDF") for each incumbent shall be reviewed at the annual meeting. In addition, a Position Data Change Form ("PDCF") shall be completed. A PDCF for secretarial, clerical, technical, and service positions shall be used for positions at two hundred sixty (260) job content points and below. The PCDF for administrative staff shall be used for positions above that level.

1205.3 If there are changes in position content, a revised PDF shall be provided in typed form to OPMD with a copy of the "old" PDF and a copy of the PDCF.

1205.4 If there are no changes in position content, the PDF shall consist of the two items on the cover page indicating length of service in the position and the date the form was completed. A copy of the cover page shall be submitted to OPMD along with the PDCF.

1205.5 The PDCF shall be signed by the incumbent and the next two (2) levels of administrative supervision.

1205.6 At the conclusion of this review process, PDF's and PDCF's shall be sent to OPMD.

1205.7 The job documentation review shall not relieve individual managers of the responsibility to report significant changes in job content as they occur and to reflect them in revised data forms.

1205.8 If .an existing position changes significantly during the course of the year (for example, six (6) months prior to the annual review date), the procedures set forth in this section shall be followed at the time the change is made.

8-B DCMR § 1206 DOCUMENTATION FOR NEW POSITIONS

1206.1 For new positions which are created (not the addition of another incumbent to a currently-existing position), the procedures set forth in this section shall be followed.

1206.2 The supervisor or manager shall prepare a description of the major accountabilities for the position and review this description with staff of the Office of Personnel Management and Development to ensure its comprehensiveness.

1206.3 When completed, the description (signed by the supervisor and his or her superior) shall be provided in typed form, along with the request for authorization of the new position, to the Office of Personnel Management and Development ("OPMD"). OPMD shall then make an initial assessment of the hiring rate for the position. The University policies for recruitment and hiring shall then be followed.

1206.4 Once the incumbent has been in the job for three (3) months, the supervisor shall meet with the incumbent to complete a "first-draft" Position Data Form ("PDF") or Position Questionnaire. The PDF shall be submitted to OPMD for further assessment of the appropriateness of the classification assignment.

1206.5 After the incumbent has been in the position for six (6) months, a finalized version of the PDF shall be jointly prepared by the supervisor and incumbent. The final form shall be provided to OPMD, where a final measurement judgment for the position shall be made.

8-B DCMR § 1207 MAJOR CHANGES AFFECTING JOB CONTENT FOR GROUP POSITIONS

1207.1 When reorganization is imminent, the Director of Personnel shall be advised by the President of anticipated changes as far in advance of the actual change as possible.

1207.2 The Director of Personnel shall work with the line organization to prepare the necessary job content documentation, request approvals, and provide tentative evaluations or schedule Evaluation Committee work if there are a large number of positions to be classified.

1207.3 The Director of Personnel shall provide advice and counsel, upon request, concerning the structuring of positions under the proposed reorganization, personnel costs associated with the reorganization, and related matters.

8-B DCMR § 1208 JOB MEASUREMENT SYSTEM

1208.1 The President shall establish a system of job measurement to assign relative values to jobs based on job content. Positions shall be evaluated by the use of the UDC Guide Charts and application of the Guide Chart-Profile Method of Job Evaluation.

1208.2 The job measurement system shall establish measures of the job when performed at a competent level. The performance of the incumbent in the position (which may range from "distinguished" to "marginal") shall not be considered.

1208.3 The Office of Personnel Management and Development (with the assistance of Evaluation Committees, as required) shall properly evaluate positions so that jobs of differing content are ranked equitably relative to one another.

8-B DCMR § 1209 MEASUREMENT OF CHANGES IN CURRENT POSITIONS

1209.1 The Office of Personnel Management and Development ("OPMD") shall arrange quarterly meetings of the Evaluation Committees to review changes in existing positions.

1209.2 The Director shall ensure that committee members are provided a copy of the "old" Position Data Form ("PDF"), the revised PDF's, and the Position Data Change Form ("PDCF") for each position under study.

1209.3 If it is necessary to involve persons with special expertise in the committee meetings or discussions surrounding the actual measurement judgments, these discussions shall be held only when committee members are present.

1209.4 The staff of OPMD shall have the primary responsibility for job evaluation and classification.

1209.5 Except as provided in §1209.1, the Evaluation Committee shall be convened only when there is disagreement with the classification on the part of an incumbent or supervisor.

8-B DCMR § 1210 MEASUREMENT JUDGMENTS FOR NEW POSITIONS

1210.1 The procedures set forth in this section shall be used for each new position that is created at the University.

1210.2 When new positions are created, the supervisor shall prepare a description of the major accountabilities or responsibilities of the job.

1210.3 The staff of the Office of Personnel Management and Development shall make an initial assessment of the job content measurement judgment (or point value) for the position.The classifier may involve one (1) or two (2) members of the Evaluation Committee.

1210.4 The job classifier may seek additional information on job content from a person who is very knowledgeable about the tasks for which the new incumbent will be accountable. Once the measurement assessment is made, this judgment shall be "translated" into a hiring rate for the position.

1210.5 Once the position has been filled and the incumbent has been in the job for three (3) months, a "first draft" Position Data Form (PDF) shall be completed in accordance with §1206. The final measurement assessment shall be made after the incumbent has been in the position for at least six (6) months in accordance with § 1206.

1210.6 Every effort shall be made by the supervisor, in conjunction with the staff of the Office of Personnel Management and Development, to clearly delineate position responsibilities.

8-B DCMR § 1211 APPEALS OF EVALUATION JUDGMENTS

1211.1 If a question arises about the validity of an evaluation judgment, the procedures set forth in this section shall be followed.

1211.2 The Director of Personnel shall present the Position Data Form and the evaluation for the job to the full Evaluation Committee. At this meeting, the rationale for the classification assignment made by the Office of Personnel Management and Development shall be presented and the Committee shall determine the appropriateness of the evaluation judgment.

1211.3 A report on the committee judgment shall be provided to the office originating the request for re-study. If the employee is still not satisfied with the committee's judgment, the University's policies for employee grievances shall be followed.

8-B DCMR § 1212 RESERVED

8-B DCMR § 1213 RESERVED

8-B DCMR § 1214 RESERVED

8-B DCMR § 1215 BASIS FOR PAYMENT

1215.1 Salary schedules for administrative employees shall be determined by the Board of Trustees (the "Board") upon recommendation of the President, with final approval by the Mayor.

1215.2 Compensation for all administrative employees shall be based on the applicable salary schedule grade as reflected in the classification of the position for which the employee is hired.

1215.3 Administrators serving in acting status may be compensated at the salary level of the grade of the position. Compensation shall be reported to or confirmed by the Board in the same manner as the appointment.

1215.4 Upon termination of an acting assignment, the employee's salary shall revert back to the permanent level, adjusted for changes that would have accrued if the employee had served continually in the permanent assignment.

1215.5 Whenever a position is reclassified to a higher grade, the incumbent in that reclassified position may be promoted to the grade of the reclassified position.

1215.6 Tier I Educational Service employees may be granted merit or equity salary adjustments, or both, on an annual basis. The awarding of merit or equity salary increases to these employees shall be governed by the availability of funds for this purpose and shall be based on documented performance or equity considerations.

1215.7 The criteria for salary adjustments, including maximum and minimum allowable increases and any other appropriate guidelines, shall be issued on an annual basis by the President.

1215.8 Under personnel regulations applicable as of December 31, 1979, Tier II Educational Service employees shall be eligible for within-grade salary increases based on performance and longevity.

8-B DCMR § 1216 OVERTIME, HOLIDAY, AND OTHER PREMIUM PAY AND COMPENSATORY TIME

1216.1 If the operational needs of the University demand that an employee work beyond the daily •scheduled tour of duty, the President may authorize overtime, night, Sunday, and holiday work requiring premium pay or compensatory time.

1216.2 Overtime and compensatory time shall be held to a minimum consistent with bona fide operational requirements and shall be required to receive prior approval.

1216.3 Tier 1 Educational Service employees are exempt employees as defined by the Fair Labor Standards Act of 1938, as amended, and shall not be eligible for overtime, shift differentials, or holiday premium pay.

1216.4 The President may authorize the granting of compensatory time to employees in administrative grades IX through XV.

8-B DCMR § 1217 RESERVED

8-B DCMR § 1218 RESERVED

8-B DCMR § 1219 RESERVED

8-B DCMR § 1220 EXPERTS AND CONSULTANTS

1220.1 The University, from time to time, may engage the services of experts and consultants.

1220.2 Expert or consultant services shall not be used when the need can be met by using University personnel.

1220.3 An expert or consultant shall perform purely advisory or consultant services and shall not be engaged to perform normal operating functions.

1220.4 An expert or consultant shall have appropriate qualifications and a high degree of attainment in a professional, scientific, technical, or other field.

1220.5 A person employed as an expert or consultant shall be determined to be fully Qualified to perform the duties or render the services required by the position.

1220.6 Payments to experts or consultants shall not exceed one hundred fifty dollars ($150) per day, plus travel, except when a higher rate is authorized by statute or the provisions of this title.

1220.7 Payments to and duties of an expert or consultant shall be defined specifically in the provisions of a negotiated services contract between the expert or consultant and the University.

1220.8 Employment of an expert or consultant shall be limited to a term of one hundred thirty (130) days during the service year (twelve (12) months beginning with the date of appointment).

8-B DCMR § 1221 HONORARIA AND PROFESSIONAL FEES

1221.1 Upon recommendation of the President or appropriate vice president, the University's Division of Material and Inventory Management shall negotiate professional fees, honoraria, and other payments to non-employees who are invited to perform services for the University.

1221.2 Per diem and travel allowances shall be considered separately and shall be in addition to honoraria payments.

8-B DCMR § 1222 RESERVED

8-B DCMR § 1223 RESERVED

8-B DCMR § 1224 RESERVED

8-B DCMR § 1225 RESERVED

8-B DCMR § 1226 RESERVED

8-B DCMR § 1227 RESERVED

8-B DCMR § 1228 RESERVED

8-B DCMR § 1229 RESERVED

8-B DCMR § 1230 FACULTY SALARY

1230.1 Members of the faculty shall be compensated on the basis of uniform salary schedules. Each rank on the salary schedule shall have steps representing increments within the rank.

1230.2 In exceptional cases, the President, upon recommendation of the department chairperson and dean, may offer a higher salary than prescribed to a prospective faculty member.

1230.3 Reappointment shall ordinarily carry no increase except when a faculty member is approved for advancement to the next step as a result of meritorious service.

1230.4 Annually, a standing committee of the University shall review the salary schedule for comparability with similar institutions and relevance to the Washington Standard Metropolitan Statistical Area cost-of-living index and other indicators. The results of this review shall be forwarded to the President for consideration in the next applicable University budget submission.

1230.5 When indicated by rising costs of living, the Board shall provide for an annual increase in the salary schedule in its budget request.

1230.6 Each faculty member may elect to have his or her salary payments spread over nine (9) or twelve (12) months.

8-B DCMR § 1231 FACULTY ENGAGED IN RESEARCH OR TRAINING

1231.1 The salary for a faculty employee on an academic year appointment who performs research or training during the academic year on a sponsored grant or contract may be charged to the contract at a rate which does not exceed the individual employee's base annual contract salary.

1231.2 The salary for a faculty employee who performs research or training on a sponsored grant or contract during the summer may be charged to the contract at a rate which does not exceed the individual faculty employee's monthly base salary for the most recent year.

8-B DCMR § 1232 FACULTY COMPENSATION FOR SUMMER SCHOOL TEACHING

1232.1 Payment of compensation to a faculty member for full-time teaching during the summer term shall be at the rate of twenty percent (20%) of the employee's. regular compensation for the two (2) semester academic year.

1232.2 The salary for summer school teaching shall be proportionately adjusted for a period of time less than the full semester of fifteen (15) weeks or for less than a full teaching load.

8-B13 LEAVE AND BENEFITS

8-B DCMR § 1300 GENERAL PROVISIONS

1300.1 Except as specifically provided otherwise by the provisions of this chapter, the provisions of this chapter shall apply to all full-time employees of the University, including Educational Service, Career Service, and Excepted Service employees.

8-B DCMR § 1301 ACCRUAL OF VACATION LEAVE

1301.1 All administrative employees hired by the University on or before July 26, 1979, shall accrue vacation leave at the rate of twenty-four (24) days per calendar year.

1301.2 All administrative employees hired on or after July 27, 1979, shall accrue vacation leave as follows:

(a) Thirteen (13) days per calendar year for those employed by the University less than three (3) years;

(b) Fifteen (15) days per calendar year for those employed by the University from three (3) to fifteen (15) years;

1301.3 Level I through VI administrators shall be granted twenty-two (22) work days of vacation leave per calendar year regardless of the number of years employed.

1301.4 Part-time administrative employees shall accrue vacation leave on a pro-rated basis.

1301.5 Faculty, except Librarians and Media Specialists with faculty status, shall not accrue vacation leave.

1301.6 Full-time Librarians and Media Specialists with twelve (12) month contracts shall accrue twenty-two (22) days of vacation leave per calendar year, regardless of the number of years employed.

1301.7 Vacation leave shall accrue from the first day of employment and shall be credited at the end of each month of regular employment.

1301.8 In order to earn vacation leave, an employee shall be required to be in pay status for at least fifteen (15) days in the calendar month for which the leave is to be credited.

8-B DCMR § 1302 ACCUMULATION OF VACATION LEAVE

1302.1 Employees may accrue unused vacation only to a maximum of two hundred forty (240) hours in a leave year.

1302.2 Any carry-over of unused leave beyond two hundred forty (240) hours shall be requested through the immediate supervisor and approved by the President or his designee.

1302.3 Carry-over of unused vacation leave shall only be approved when the reasons for the carry-over are related to work priorities.

8-B DCMR § 1303 VACATION LEAVE: CHANGE IN EMPLOYMENT STATUS

1303.1 If an employee resigns, is terminated, or changes to faculty status, the employee may choose to use accumulated leave or to receive a lump sum payment. The choice shall be made at the time of the change in status.

1303.2 Lump sum payments shall not exceed payment for thirty (30) days of accumulated vacation leave.

1303.3 Employees who resign regular staff employment shall be required to give at least two (2) weeks notice in order to receive payment for unused leave.

1303.4 When an employee transfers from one position to another within the University (without change to faculty status), the employee's unused vacation balance shall transfer with the employee.

8-B DCMR § 1304 USE OF VACATION LEAVE

1304.1 University departments shall provide opportunities for regular employees to take vacations each year.

1304.2 Vacations shall be scheduled in advance, at a time agreeable to the employee's supervisor, and in accordance with the supervisor's assessment of the needs of the department.

1304.3 If two (2) or more employees apply for vacation leave during the same time period, and all other factors are equal, priority shall be based on seniority.

1304.4 Vacation leave may be used for illness, disability, or other absences when requested by an employee and approved by the employee's supervisor.

1304.5 Vacation leave shall be deemed approved paid leave.

8-B DCMR § 1305 SICK LEAVE: ADMINISTRATIVE STAFF AND NON-TEACHING FACULTY

1305.1 The following employees shall accrue and be charged sick leave.

(a) Regular staff (those hired for six (6) months or longer on a continuing basis, either full-time or part-time for at least twenty (20) hours per week) administrative employees; and

(b) Non-teaching faculty, media specialists, and librarians.

1305.2 Sick leave shall not accrue during any month during which an employee is paid less than half-time (averages less than twenty (20) hours per week) or during any of the following:

(a) Receipt of long term disability benefits;

(b) Leave without pay; or

1305.3 Employees entitled to accrue sick leave shall be credited at the beginning of each month of regular full-time employment with eight hours of sick leave, to a maximum of twelve (12) working days per year.

1305.4 There shall be no limit on the amount of sick leave which may be accumulated.

1305.5 Sick leave shall be credited on a proportionate basis for any month in which a regular employee is paid less than full-time but averages at least twenty (20) hours or more per week.

1305.6 After the exhaustion of all accumulated sick leave and vacation leave, an employee may request advanced sick leave not to exceed the annual accrual of sick leave (a maximum of twelve (12) days) and total available vacation leave.

1305.7 Sick leave advanced shall be repaid as soon as it begins to accrue.

1305.8 When an employee retires at sixty (60) years of age or older, or upon total disability or death, the employee (or the deceased employee's estate) shall receive a lump sum payment equal to ten percent (10%) of the unused accumulated sick leave computed at the employee's current base rate of pay.

1305.9 If an employee is hospitalized or confined to bed under the care of a physician during a vacation period, the period of hospitalization or confinement may be charged as sick leave.

1305.10 If a regular University holiday occurs during a period of sick leave, the time shall not be charged as sick leave.

1305.11 Absences caused by work connected disability shall be compensated as provided under Worker's Compensation.

8-B DCMR § 1306 FACULTY ABSENCES DUE TO ILLNESS OR INJURY

1306.1 In case of occasional faculty absence due to illness or injury, the department concerned shall arrange for classes to be covered.

1306.2 If a faculty member is absent for a lengthy period due to a serious illness or injury, the department chairperson and dean shall make the necessary financial and staffing arrangements to conduct the faculty member's classes without loss of pay to the faculty member until disability payments commence, or for a period of ninety (90) days, whichever is shorter.

8-B DCMR § 1307 COURT LEAVE

1307.1 An employee who is called to serve as a member of any jury shall be permitted to be absent from duties without loss of pay and without charge against any leave. However, if an employee is paid for jury service, the employee shall take vacation leave or leave-without-pay during the period of absence, unless the jury service fee is nominal, in which case the fee check may be endorsed to the University and no leave charged.

1307.2 If, after reporting for jury duty, the court determines that the employee's services are not required and the employee is dismissed for the day, if time will permit, the employee shall return to work.

1307.3 An employee summoned by subpoena to appear as a non-paid witness in a court action shall be permitted to be absent from duty, as required by the subpoena, without loss of pay and without charge against any leave.

1307.4 If an employee is paid for his services as a witness, the employee shall take vacation leave or leave-without-pay, unless the witness fee is nominal, in which case the fee check may be endorsed to the University and no leave charged.

8-B DCMR § 1308 EXTENDED LEAVES OF ABSENCE

1308.1 A leave of absence shall be granted to an employee called to military service in accordance with the applicable federal, state, or District statutes.

1308.2 Employees shall be entitled to take up to thirty (30) days of leave in connection with the birth or adoption of their children. This leave shall be charged to accumulated sick leave, vacation leave, or may be leave-without-pay.

1308.3 The University may grant a full-time faculty member a leave of absence without pay for any of the following purposes:

(a) To hold political office;

(b) To accept a political appointment;

(d) To accept temporary appointment at another institution of higher learning; or

(e) To engage in any activity deemed advantageous to the reputation and standing of the University.

1308.4 Faculty leave-without-pay under §1308.3 may be awarded up to two (2) years, subject to one (1) renewal, during which the faculty member's name will remain on the faculty roster.

1308.5 Upon return from extended leave under §1308.3, the faculty member shall be reinstated at the rank held prior to the leave of absence.

8-B DCMR § 1309 EMERGENCY LEAVE AND BEREAVEMENT LEAVE

1309.1 Full-time faculty members shall be entitled to emergency leave with pay to deal with the sudden illness or death of a family member or other emergency circumstances beyond the control of the employee.

1309.2 Bereavement leave of three (3) work days with pay, without reduction in accumulated leave or service, shall be granted to all full-time administrative employees following the death of a member of the employee's immediate family or household.

1309.3 For purposes of this section, the term "immediate family" shall include an employee's spouse, children, parents, guardians, brothers, sisters, and grandparents.

8-B DCMR § 1310 FUNERAL LEAVE

1310.1 Leave with pay, without loss of vacation or other leave, may be granted to allow an employee to attend the funeral of a fellow employee.

1310.2 Funeral leave may be taken if approved by the employee's department head or supervisor and shall be limited to employees in the same functional work unit as the deceased employee.

8-B DCMR § 1311 ADMINISTRATIVE LEAVE

1311.1 When special circumstances require an employee to be absent from the workplace, and leave is recommended by a duly authorized official, administrative leave with pay may be granted.

1311.2 If a non-faculty employee is unable to vote outside of regular working hours, the immediate supervisor or department head is authorized to grant administrative leave not to exceed three (3) hours.

1311.3 Administrative leave may be granted to a non-faculty employee belonging to a bargaining unit to handle union business in accordance with the agreement between the labor organization and the University.

1311.4 An employee may be allowed up to four (4) hours of administrative leave to donate blood. The absence period shall begin upon the completion of the blood donation and end on the same workday the blood donation is made.

1311.5 A non-faculty employee shall be granted administrative leave for the purpose of taking a medical examination in connection with employment at the University.

1311.6 If the building in which a non-faculty employee works is closed due to an unforeseen emergency and no alternative work site is available, the employee may be granted administrative leave. However, if the employee is on authorized leave during the period when the building is closed, the employee shall be charged for that leave as taken.

1311.7 Administrative or professional leave may be granted to a faculty or administrative employee for short periods to attend conferences and for other professional purposes without loss of pay.

8-B DCMR § 1312 LEAVE-WITHOUT-PAY

1312.1 Consistent with the interests of the University, leave-without-pay may be granted, at the request of the employee, in the following circumstances:

(a) When vacation and sick leave have been exhausted due to a long period of illness;

(b) For educational purposes which are determined to be in the best interests of the employee or the University; and

8-B DCMR § 1313 RESERVED

8-B DCMR § 1314 RESERVED

8-B DCMR § 1315 EDUCATIONAL LEAVE

1315.1 All full-time employees shall be eligible to apply for leave-without-pay for educational purposes not to exceed one (1) year at a time.

1315.2 Educational leave may be granted for the following purposes:

(a) Study, research, or travel in connection with study or research; or

(b) Any other approved activity that will enhance the professional standing of the employee and the University.

1315.3 An employee who applies for and is granted educational leave shall be required to enter into an agreement to return to full-time work at the University upon completion of the leave period for at least one (1) full year.

1315.4 An extension of educational leave may be granted for up to one (1) additional year; Provided, that the obligation to return to the University under §1315.3 shall be increased to two (2) years.

1315.5 A non-faculty employee may be granted educational leave with pay if he or she has been associated with the University for at least six (6) years and provides evidence of admission to a professional program of study at a college, university, approved research program, or other appropriate educational activity.

1315.6 An employee shall apply for educational leave by submitting to the appropriate dean or supervisor a written plan outlining the activity to be undertaken during the leave.

1315.7 A faculty employee's health insurance shall be maintained during the period of approved educational leave.

8-B DCMR § 1316 SABBATICAL LEAVE

1316.1 For each six (6) years of full-time service at the University, a faculty member shall be eligible for sabbatical leave.

1316.2 Application for sabbatical leave shall be filed by November 1 of the academic year prior to the year of absence requested.

1316.3 If sabbatical leave is delayed due to budgetary constraints or the instructional needs of the University, the applicant shall be given priority consideration in the following years until the sabbatical leave is granted.

1316.4 Faculty members shall be paid one-half (1/2) salary for a full year of sabbatical leave.

1316.5 If circumstances and budgetary allocations permit, a faculty member may be granted full salary for a portion of the sabbatical leave, up to a maximum of one-half (1/2) year.

1316.6 All non-leave benefits provided by the University shall continue during the period of sabbatical leave.

1316.7 Temporary replacements for faculty members on sabbatical shall be required to meet all requirements for appointment to the rank for which they are being considered.

1316.8 The faculty member accepting sabbatical leave shall be required to enter into an agreement to return to full-time work at the University upon completion of the leave period for at least one (1) full year.

8-B DCMR § 1317 ABSENCE WITHOUT LEAVE

1317.1 Department heads shall have authority to determine whether employees under their supervision who are absent from their assigned tour and place of duty are absent without leave ("AWOL").

1317.2 One (1) hour of pay shall be deducted from the employee's salary or wages for each hour that the employee is AWOL. The minimum charge shall be one (1) hour.

1317.3 When an employee is determined to be AWOL, the supervisor shall give notice to the employee in writing of the date(s) and the number of hours for which charge of AWOL will apply.

8-B DCMR § 1318 RESERVED

8-B DCMR § 1319 RESERVED

8-B DCMR § 1320 HEALTH AND LIFE INSURANCE BENEFITS

1320.1 The University shall provide a group hospitalization plan including surgical, basic, and major medical coverage for eligible employees and their dependents. For purposes of this section, the term "dependents" includes the employee's spouse and unmarried children.

1320.2 If an employee's child is enrolled in an accredited school or college, health coverage may be extended to age twenty-two (22).

1320.3 The University shall contribute a percentage toward the monthly cost of health insurance for each employee. The employee shall pay the balance of the premium.

1320.4 The University shall make available to all employees group life insurance plans on a joint participatory basis.

8-B DCMR § 1321 DISABILITY BENEFITS

1321.1 In addition to the protection afforded to all employees under the Worker's Compensation Act of the District of Columbia, the University shall provide a disability plan for all full-time employees.

1321.2 Coverage under the disability benefits plan shall begin after the employee has completed one (1) year of service.

1321.3 Pursuant to the provisions of the D.C. Worker's Compensation Act, the sick leave provisions of this chapter shall not take precedence over Worker's Compensation policies as they relate to lost time as the result of work related injuries.

8-B DCMR § 1322 OCCUPATIONAL SAFETY AND HEALTH

1322.1 The University shall establish and maintain a comprehensive program of occupational safety and health management in accordance with all applicable federal and District standards, codes, and regulations.

1322.2 The program shall encompass all aspects of the total work environment of the University, and shall include, but not be limited to, employee safety and health, fire safety, and motor vehicle safety.

8-B DCMR § 1323 RETIREMENT BENEFITS

1323.1 The University shall provide retirement plans for all full-time employees.

1323.2 The mandatory retirement age shall be seventy (70) years of age for all employees unless, by special vote, the Board of Trustees extends service for an employee beyond the mandatory retirement age. Each extension shall be made for specific periods not to exceed one (1) year.

1323.3 The TIAA/CREF retirement plan shall be available to all employees. The University shall contribute a percentage based upon an employee's salary. Employee contribution shall be optional.

1323.4 Social Security retirement benefits shall be provided for part-time, temporary, and full-time employees as required by law.

1323.5 Individuals hired as administrative employees who are members of the federal Civil Service Retirement System may elect to maintain membership in that retirement system.

1323.6 Employees of the Teachers Salary Act (TSA) retirement plan who elected to remain under that retirement plan at the time of the transfer from the Board of Education to the Board of Higher Education, under the provisions of P.L. 89-791, shall remain eligible for retirement under that plan. Retirement shall remain subject to the provisions of P.L. 624, 79th Congress, approved August 7, 1946, as amended, and the provisions of D.C. Law 2-139, §§3204(d) and (e) shall not apply to these employees.

8-B DCMR § 1324 ANNUITY PROGRAM

1324.1 The University shall offer tax sheltered annuity plans for employees through a non-forfeitable annuity contract under the provisions of §403(b) of the 1954 Federal Internal Revenue Code.

8-B DCMR § 1325 RESERVED

8-B DCMR § 1326 RESERVED

8-B DCMR § 1327 RESERVED

8-B DCMR § 1328 RESERVED

8-B DCMR § 1329 RESERVED

8-B DCMR § 1330 PROFESSIONAL DEVELOPMENT AND TRAINING

1330.1 Recognizing that professional development and training are essential to effective employee performance, the University shall provide, within the resources available, opportunities for full-time employees to do the following:

(a) Participate in training and development programs, both on and off-campus;

(b) Attend schools, colleges, and universities;

(d) Participate in work-oriented or related professional and technical associations.

1330.2 All full-time employees shall be eligible to participate in professional development programs, educational courses, and other activities that are directly related to their job assignments.

1330.3 Training needed by employees shall be provided, within the resources available, for the following purposes:

(a) To provide new skills needed as a result of University mission or program changes;

(b) To provide skills needed for performance of new work assignments;

(d) To meet future staffing needs; and

(e) To develop unavailable skills.

8-B DCMR § 1331 TUITION ASSISTANCE

1331.1 Tuition assistance shall be provided to eligible full-time employees in the form of reimbursement for tuition paid for approved courses at educational institutions other than the University, within budgetary limitations and guidelines established by the President.

1331.2 To qualify for tuition assistance an employee shall be required to have completed at least one (1) year of continuous employment with the University.

1331.3 Employees receiving payment for courses under the GI bill or other scholarships, grants, or funds shall not be reimbursed for courses taken.

1331.4 An eligible employee may receive a tuition reimbursement, not to exceed the cost of one (1) three credit hour course for each term of enrollment.

1331.5 Actual payment shall not be authorized until evidence of satisfactory completion of the course with a grade of "pass," "C," or better.

1331.6 An employee shall be required to remain employed by the University through completion of the course to qualify for reimbursement.

1331.7 An employee selected for training under this section shall agree in writing to do the following:

(a) Continue to work at the University after the end of the training course for a period of time at least equal to the length of the training period, unless the employee is involuntarily separated from employment; or

(b) If the employee voluntarily leaves employment before the end of the period for which the employee had agreed to serve, pay to the University the amount of reimbursement received for the training, other than the employee's salary or wages.

1331.8 If an employee fails to repay the amount of reimbursement received for training, as required in §1331.7, a sum equal to the amount of reimbursement not repaid shall be recoverable by the University from the employee through deductions from salary or other payments due to the employee from the University.

8-B DCMR § 1332 REMITTED TUITION

1332.1 The University shall provide remitted tuition for “for-credit” courses at the University to eligible regular full-time staff, regular full-time faculty, retirees and their spouses and dependent children, in accordance with the requirements and limits established in the Internal Revenue Code.

1332.2 The following are not eligible for remitted tuition:

(a) Part-time staff;

(b) Employees with a temporary or time-limited appointment;

(d) Individuals classified as independent contractors and volunteers; and

(e) Student workers.

1332.3 The University shall provide remitted tuition for courses in the undergraduate and graduate programs, but shall not provide remitted tuition for courses in the doctorate programs.

1332.4 To enroll in a course at the University, an applicant shall be required to meet and maintain all eligibility, admission and academic requirements.

1332.5 If a recipient of remitted tuition drops, withdraws, or fails a course for which remitted tuition had been previously provided by the University, the University shall not provide remitted tuition for the same course if the person decides to retake the course.

1332.6 Regular full-time staff of the University shall be eligible to participate in the remitted tuition program once the staff has been employed by the University for at least one year. Once the full-time staff has met the eligibility requirements, their spouse and dependent child(ren), as defined in the Internal Revenue Code, shall be eligible to participate in the remitted tuition program.

1332.7 The University shall provide remitted tuition for eligible full time staff, for a maximum of six (6) undergraduate credit hours and three (3) graduate credit hours each semester. This limitation on the number of credit hours does not apply to the eligible full-time staff’s spouse and dependent children.

1332.8 Regular full-time faculty shall be eligible to participate in the remitted tuition program once the faculty has been employed by the University for at least one academic year. Once the full-time faculty has met the eligibility requirements, their spouse and dependent child(ren), as defined in the Internal Revenue Code, shall be eligible to participate in the remitted tuition program.

1332.9 The University shall provide remitted tuition for eligible full time faculty for a maximum of three (3) credit hours each semester. This limitation on the number of credit hours does not apply to the eligible faculty’s spouse and dependent children.

1332.10 If an eligible employee, whether full-time staff or full-time faculty, either converts from regular full-time status to part-time status, or is separated from the University for any reason other than because of a reduction-in-force or retirement, the University shall provide remitted tuition benefits through the end of the applicable semester in which the eligible employee’s employment status changed.

1332.11 If an eligible employee is separated from the University due to a reduction-in-force, the University shall provide remitted tuition benefits for such eligible employee (and their spouse and dependent child(ren)), for as long as such employee remains on the University’s preferential hiring or reduction-in-force employee list.

1332.12 If an eligible employee separates from the University due to retirement, the University shall provide remitted tuition upon retirement for the eligible retiree and their spouse and dependent child(ren), based on length of service as follows:

(a) Retirees that were eligible employees for fewer than ten (10) years, and their spouses and dependent children, shall not be eligible for remitted tuition.

(b) Retirees that were eligible employees for ten (10) years to twenty (20) years, and their spouses and dependent children, shall be eligible for sixty percent (60%) remitted tuition.

(c) Retirees that were eligible employees for more than twenty (20) years, and their spouses and dependent children, shall be eligible for hundred percent (100%) remitted tuition.

1332.13 Except as provided in subsection 1332.14 below, upon the death of an eligible employee or eligible retiree, the University shall provide remitted tuition for their surviving spouse and surviving dependent child(ren) based on the deceased’s length of service as follows:

(a) Following the death of an eligible employee or retiree who was employed by the University for fewer than ten (10) years, the surviving spouse and dependent child(ren) shall not be eligible for remitted tuition.

(b) Following the death of an eligible employee or retiree who was employed by the University for ten (10) years to twenty (20) years, the surviving spouse and dependent child(ren) shall be eligible for two (2) full academic years of remitted tuition.

(c) Following the death of an eligible employee or retiree who was employed by the University for more than twenty (20) years, the surviving spouse and dependent child(ren) shall be eligible for three (3) full academic years of remitted tuition.

1332.14 If at the time of the death of an eligible employee or eligible retiree, both parents of a surviving child are deceased, then the University shall provide continuing remitted tuition at a hundred percent (100%), without regard to length of service, for so long as the surviving child is under the age of twenty-five (25).

1332.15 The University shall develop and implement standard operating procedures for the remitted tuition program.

History

SOURCE: Final Rulemaking published at 38 DCR 1686 (March 15, 1991); as amended by Final Rulemaking published at 46 DCR 3996 (April 30, 1999); as amended by Final Rulemaking published at 65 DCR 12646 (November 16, 2018). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1332

8-B DCMR § 1333 RELEASED TIME

1333.1 Full-time permanent status employees shall be permitted released time during on-duty hours to take one (1) course per semester for credit or audit.

1333.2 The time away from work shall not exceed eight (8) hours per week.

1333.3 Absences under this program shall not be charged to leave and do not have to be made up by the employee.

1333.4 All released time shall be approved in advance by the employee's department head or supervisor.

1333.5 Approval of released time under this section shall be subject to the workload requirements of the University, which shall have priority.

8-B DCMR § 1334 INCENTIVE AWARDS

1334.1 The University Incentive Awards Program shall provide monetary or honorary awards to employees whose ideas and sustained outstanding performance contribute to the efficiency, development, or increased effectiveness of the University.

1334.2 The Incentive Awards Program shall be designated a special program to recognize and award quality performance above and beyond normal expectations and performance.

1334.3 Incentive Awards shall be established to recognize and reward unique and notable achievements of individual employees or employee groups.

1334.4 The objectives of the Incentive Awards Program shall include the following:

(a) To motivate employees to perform at maximum capacity;

(b) To improve operations through adopted ideas and superior performance; and

8-B DCMR § 1335 INCIDENTAL BENEFITS

1335.1 Faculty employees shall be entitled to the use of all University facilities consistent with applicable University rules and procedures.

8-B14 FACULTY

8-B DCMR § 1400 FACULTY PERSONNEL POLICIES

1400.1 The provisions of this chapter shall apply to faculty employees in the Educational Service at the University.

1400.2 Faculty employees shall be responsible for teaching, research, and public service activities essential to the mission of the University.

History

SOURCE: Section 100 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1400

8-B DCMR § 1401 ACADEMIC FREEDOM

1401.1 Because the University is a marketplace of ideas, its mission and purpose can be fulfilled only where there is the freedom to transmit, to evaluate, and to extend knowledge without strict conformity with any orthodoxy of content and method. Therefore, the University shall abide by principles of academic freedom for faculty in teaching and research which are fundamental to the protection of the rights of the teacher in transmitting ideas, and to the student in learning, as well as to the advancement of truth.

1401.2 In order to allow the faculty to gain the maturity and understanding without which the University would become inadequate to its purpose, the University endorses the American Association of University Professors' 1940 Statement of Principles on Academic Freedom.

1401.3 The rights attendant to academic freedom shall include, but are not limited to the following:

(a) Free inquiry;

(b) Free expression;

(d) Freedom to speak and to write as a citizen without institutional censorship or discipline;

(e) Freedom to seek change of University policies by appropriate means and through appropriate channels provided within the University; and

(f) Freedom from constraints imposed by arbitrary and capricious behavior on the part of the administrators and others in the exercise of their duties.

History

SOURCE: Section 201 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1401

8-B DCMR § 1402 FACULTY RESPONSIBILITIES

1402.1 Because the faculty has a special position in the community, and the public judges the faculty's profession and the University by the acts of its members, the rights and freedoms set forth in §1401 require that the primary professional responsibility of each faculty member shall be to the University.

1402.2 Each faculty member shall seek to maintain a professional atmosphere in which violations of academic freedom are unlikely to occur.

1402.3 The faculty as a whole shall assume the role of guardian of academic values against unjustified assault from others.

1402.4 Each faculty member shall be expected to do the following:

(a) Recognize that the University of the District of Columbia is an urban land grant, open admissions, public university committed primarily to teaching, research, and extension;

(b) Remain current in his or her academic discipline, and instruct assigned courses in a manner consistent with the scheduled time, course content, and course credit approved by the University;

(c) Complete all other teaching and academic assignments undertaken, or which are normal duties, in a responsible, professional, and timely manner, particularly professional evaluation;

(d) Recognize the academic freedom of students and avoid the coercion of belief; and

(e) Treat fairly, courteously, and professionally all students, colleagues, and other members of the University community.

History

SOURCE: Section 202 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1402

8-B DCMR § 1403 FACULTY DUTIES AND TEACHING ASSIGNMENTS

1403.1 Faculty members shall be deemed to be on duty for the academic year contract, excluding approved University recesses and holidays.

1403.2 Class schedules shall be developed after consultation with affected faculty members in order to ensure a reasonable schedule.

1403.3 In the absence of consent, assignments shall not be made that require class or laboratory meetings at any of the following times:

(a) Beyond an eight (8) hour time span in a single day;

(b) Within a twelve (12) hour span in two (2) consecutive days; or

1403.4 As an urban institution, the University has a commitment to the provision of academic services at times convenient to a widely disparate student body. Therefore, faculty members shall be available for teaching assignments according to student needs.

History

SOURCE: Section 1101 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1403

8-B DCMR § 1404 OUTSIDE EMPLOYMENT

1404.1 The University shall encourage faculty members in their outside professional pursuits to the extent that those pursuits enhance its mission. However, a faculty member's primary obligation shall be to the University and his or her professional responsibilities as a member of the University faculty.

1404.2 A faculty member shall not engage in outside employment which conflicts with that faculty member's classes, committee work, or other department, college, and University assignments.

1404.3 A faculty member shall not do any of the following:

(a) Accept full-time outside employment;

(b) Use University facilities for outside teaching or consultation;

(d) Utilize, without reimbursing the University, expendable resources (such as computer services, printing, and stationery) in the accomplishment of outside employment duties.

1404.4 Each faculty member shall report all outside employment. Regular part-time contractual arrangements shall be subject to review and approval.

1404.5 Unless specific prior approval is obtained, outside employment for a full-time faculty member shall be limited to an average of one (1) day per week for personal professional activities.

History

SOURCE: Section 1102 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1404

8-B DCMR § 1405 FACULTY RESEARCH

1405.1 Because its primary mission is the education of students, the University shall be dedicated to the advancement of knowledge through research and scholarship.

1405.2 Because continuous study and research are necessary complements to excellence in teaching, the University shall encourage research and teacher-scholars.

1405.3 The Vice President for Academic Affairs shall review all sponsored research proposals to assess their impact on the University's mission.

1405.4 In order to ensure the preservation and dissemination of knowledge, the University shall encourage the publication and use of the results of research in a manner that will advance and protect the public interest and public welfare.

History

SOURCE: Section 1103 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1405

8-B DCMR § 1406 GOVERNANCE OF THE UNIVERSITY

1406.1 Members of the faculty shall be expected and required to participate in the governance of the University.

1406.2 Discontinuance or curtailment of any department, program, or function not mandated by financial exigency shall be based upon educational considerations and shall reflect the long-range judgment that the educational mission of the University will be enhanced by the discontinuance.

History

SOURCE: Sections 203, 904.1 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980); as amended by Final Rulemaking published at 28 DCR 4387 (October 9, 1981). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1406

8-B DCMR § 1407 RESERVED

8-B DCMR § 1408 RESERVED

8-B DCMR § 1409 RESERVED

8-B DCMR § 1410 APPOINTMENT OF FACULTY MEMBERS

1410.1 Each appointment to the faculty shall be made in consultation with the appropriate academic official, departmental chairperson, and members of the department.

1410.2 Recommendations for all faculty appointments shall be initiated by the department of instruction in which the appointment is sought.

1410.3 Appointments shall be consistent with the standards and criteria set forth in this chapter for promotion, rank, and tenure of faculty members.

1410.4 A person recommended for appointment to the faculty shall have the educational background and the professional experience needed for the position.

1410.5 Criteria for appointment shall be based on the following:

(a) Earned degrees from accredited institutions appropriate to the field of employment or other appropriate credentials, in addition to employment experience and professional achievements;

(b) Teaching competence;

(d) Length of service.

1410.6 The criteria for appointment shall be applied with increasing stringency at each higher academic rank.

1410.7 The terms and conditions of appointment shall be specified in a letter of appointment.

1410.8 A regular full-time appointment may be made up to two (2) years before the effective date of service specified in the appointment.

History

SOURCE: Sections 301, 302 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1410

8-B DCMR § 1411 TYPES OF APPOINTMENTS

1411.1 There shall be three (3) basic types of appointments, as follows:

(a) Special appointments;

(b) Regular full-time appointments; and

1411.2 Special appointments shall include the following:

(a) Professor Emeritus;

(b) Distinguished Professor; and

1411.3 Regular appointments shall include the following ranks:

(a) Professor;

(b) Associate Professor;

(d) Instructor.

History

SOURCE: Sections 302 - 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1411

8-B DCMR § 1412 SPECIAL APPOINTMENTS

1412.1 The title "Professor Emeritus" may be awarded by the Board to a retired professor who has rendered distinguished service.

1412.2 Professors emeriti shall be entitled to use the facilities of the University and shall be included in published faculty listings.

1412.3 Professors emeriti may perform occasional services in keeping with their desires and capabilities and with the needs of the University.

1412.4 A candidate for appointment to the rank of Distinguished Professor shall be required to meet all of the requirements for the rank of Professor. In addition, a candidate shall have achieved outstanding professional distinction. This distinction may have been expressed in research, creative accomplishments, teaching service to higher education, or public service.

1412.5 When appropriate, the title of "Distinguished Visiting Professor" may be used instead of Distinguished Professor.

1412.6 All appointments to the rank of Distinguished Professor shall be approved by the Board.

1412.7 The title "Visiting" may be affixed to any of the regular academic ranks, as well as to the rank of Distinguished Professor, when appointing a person to a limited appointment at the University.

1412.8 The title "Adjunct" may be affixed to any of the regular academic ranks when appointing a candidate to provide limited service in special areas as needed. The rank of the appointee shall be based on qualifications.

1412.9 Adjunct appointments shall not carry the benefits of the regular full-time faculty.

History

SOURCE: Section 303 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1412

8-B DCMR § 1413 APPOINTMENTS: PROFESSOR

1413.1 A candidate for appointment to the rank of Professor shall be required to meet the following qualifications:

(a) An earned doctorate or the highest appropriate credential in the field of specialization, or experience and achievements comparable to the doctorate;

(b) Demonstrated superior teaching competence and significant and substantial contribution to scholarship in the field;

(d) At least eight (8) years of full-time teaching experience in an institution of higher education, including five (5) years as an Associate Professor.

1413.2 Appropriate professional experience and achievement may be substituted when formal teaching experience is limited or absent.

1413.3 Initial appointments to this rank shall be for a period of three (3) to five (5) academic years.

History

SOURCE: Section 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1413

8-B DCMR § 1414 APPOINTMENTS: ASSOCIATE PROFESSOR

1414.1 A candidate for appointment to the rank of Associate Professor shall be required to meet the following qualifications:

(a) An earned doctorate or the highest appropriate credential in the field of specialization, or experience and achievements comparable to the doctorate;

(b) A record of scholarship and professional growth; and

(c) At least five (5) years of full-time teaching experience in an institution of higher education, including three (3) years as an Assistant Professor.

1414.2 Appropriate professional experience and achievements may be substituted when formal teaching experience is limited or absent.

1414.3 Initial appointments to this rank shall be for a period of no more than three (3) years.

History

SOURCE: Section 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1414

8-B DCMR § 1415 APPOINTMENTS: ASSISTANT PROFESSOR

1415.1 A candidate for appointment to the rank of Assistant Professor shall be required to meet the following qualifications:

(a) An appropriate terminal degree or agree to complete this degree within a period of time to be specified in the terms of the initial contract; and

(b) At least three (3) years of full-time teaching experience, including two (2) years in an institution of higher education.

1415.2 Appropriate professional experience and achievements may be substituted when formal teaching experience is limited or absent.

1415.3 When formal teaching experience is limited or absent, the candidate shall be required to demonstrate verifiable potential for effective teaching.

1415.4 The initial appointment to this rank shall be for a period of no more than two (2) academic years.

History

SOURCE: Section 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1415

8-B DCMR § 1416 APPOINTMENTS: INSTRUCTOR

1416.1 A candidate for appointment to the rank of Instructor shall be required to possess a master's degree in the field of specialization or experience and achievement comparable to that degree.

1416.2 The candidate shall be required to demonstrate evidence of teaching potential.

History

SOURCE: Section 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1416

8-B DCMR § 1417 PART-TIME FACULTY APPOINTMENTS

1417.1 Contracts for persons employed for a teaching assignment of no more than six (6) semester hours or the equivalent shall be made on a semester basis.

1417.2 Part-time appointments may be made at all regular academic ranks.

History

SOURCE: Section 305 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1417

8-B DCMR § 1418 LIBRARIANS AND MEDIA SPECIALISTS WITH FACULTY STATUS

1418.1 Because the nature of librarian and media specialist work duties and settings differ from those of classroom faculty in substantial ways, the official duty hours and contract year dates of both librarians and media specialists with faculty status may differ from those of classroom faculty.

1418.2 The length of contract and official tour hours shall be determined by the nature of each librarian's and media specialist's work setting and responsibilities.

1418.3 The employment obligation of librarian and media specialist positions shall be determined by the Vice President for Academic Affairs in accordance with the provisions of §1107 of this title.

1418.4 The provisions of §1125 of this title on standard work week shall apply to librarian and media specialist positions.

1418.5 As members of the faculty, librarians and media specialists shall be required to participate in academic governance and serve on faculty committees.

1418.6 Librarians and media specialists shall be eligible for University tenure, sabbatical leave, faculty research and travel funds, and other privileges accorded classroom faculty.

1418.7 Librarians and media specialists shall be subject to the same termination procedures as other members of the faculty.

History

SOURCE: Section 304 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980); as amended by Final Rulemaking published at 28 DCR 1727 (April 17, 1981); as amended by Final Rulemaking published at 28 DCR 3206 (July 17, 1981). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1418

8-B DCMR § 1419 RESERVED

8-B DCMR § 1420 FACULTY RECRUITMENT

1420.1 The responsibility for recruitment shall rest with the departments. Each department shall maintain records of the recruitment process.

1420.2 The faculty members of each department shall establish a recruitment committee. The department chairperson shall serve on the committee.

1420.3 The department recruitment committee shall have responsibility to recruit, review credentials, interview, and recommend candidates for filling regular (full-time) departmental vacancies.

1420.4 Notice of new positions and vacancies shall be publicized adequately by the committee within and outside the University.

1420.5 When the recruitment committee has a recommendation, it shall notify the faculty of its recommendation, and the chairperson shall forward the recommendation to the dean of the college.

1420.6 The dean shall review the credentials of each candidate and may interview the candidate. The dean shall approve or disapprove the recommendation of the department.

1420.7 If the dean disagrees with the committee recommendation, the dean shall give reasons for the rejection in writing to the department. The department may either accept the dean's decision and recommend another candidate, or it may provide additional justification and information in support of the original candidate.

1420.8 Final approval for the transmittal of the departmental recommendation to the Vice President for Academic Affairs shall rest with the dean. The Vice President shall transmit his recommendation to the President unless authority has been delegated.

History

SOURCE: Section 307 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1420

8-B DCMR § 1421 SUMMER APPOINTMENTS

1421.1 Summer faculty employment is optional. Full-time departmental faculty members shall be given first priority for summer employment.

1421.2 Each regular faculty member to be employed for the summer session shall receive a written contract no later than May 1st.

1421.3 Ordinarily, a full-time summer appointment shall be equivalent to one-half (1/2) of the workload of one (1) academic semester in the department of the faculty member.

1421.4 A separate written contract or amended written contract shall be provided for any additional credit hours or work-load within or beyond the period of time contracted.

History

SOURCE: Section 309 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1421

8-B DCMR § 1422 FACULTY EVALUATION

1422.1 The evaluation process shall be used to assess the quality and work of the faculty and to encourage and assist in the improvement of faculty performance.

1422.2 While evaluation is a continuing process, a summary assessment shall be submitted annually for each non-tenured faculty member and periodically for tenured faculty.

1422.3 Performance expectations and evaluations shall be congruent with resources and facilities made available by the University.

1422.4 Every effort shall be made to ensure fairness, careful judgment, and impartiality in the evaluation process.

1422.5 Detailed evaluation criteria and procedures shall be developed by each department (or unit) and approved by the appropriate college. The criteria and procedures shall be consistent with guidelines issued by the Vice President for Academic Affairs in accordance with applicable provisions of this chapter.

1422.6 Each department chairperson shall ensure that each faculty member is provided with all policies, guidelines, and procedures related to the evaluation process at the beginning of each academic year. Each faculty member shall be given information about the expectations and goals of the University, the college, and the department.

History

SOURCE: Section 401 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1422

8-B DCMR § 1423 EVALUATION CRITERIA

1423.1 The four basis categories for evaluation shall include the following:

(a) Teaching and teaching-related activities (including student evaluations);

(b) Scholarship and professional growth;

(d) Professionally-related community service.

1423.2 The categories of teaching and teaching-related activities and scholarship and professional growth shall constitute the major part of the total evaluation. The remaining emphasis may be assigned to one, both, or neither of the other categories; however, the category of university service shall not be excluded in consecutive evaluation periods for any individual faculty member.

1423.3 Each criterion shall be applied with increasing stringency at each higher academic rank.

1423.4 The quality of the faculty member's performance shall be given primary consideration in the evaluation process. The quantity of activities and documentation shall not in and of itself guarantee the quality of performance.

1423.5 The overall evaluation of a faculty member and the performance within each category shall be summarized using one of the following ratings:

(a) Excellent - This rating shall be applied to the truly outstanding faculty member whose overall performance is judged exemplary for the period being evaluated.

(b) Good - This rating shall be applied to the faculty member who has performed creditably, competently, and well for the period being evaluated.

(c) Marginal - This rating shall be applied to a faculty member whose performance shows clearly identifiable deficiencies for the period being evaluated and for whom a systematic plan of improvement is warranted.

(d) Unsatisfactory - This rating shall be applied to a faculty member whose overall performance is clearly unacceptable for the period being evaluated.

History

SOURCE: Section 402 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1423

8-B DCMR § 1424 EVALUATION OF TEACHING AND TEACHING-RELATED ACTIVITIES

1424.1 Teaching is the primary mission of the University and shall be a focal point of the evaluation of every faculty member.

1424.2 The evaluation process shall recognize the following prime requisites of the effective teacher:

(a) Intellectual competence, integrity, knowledge of subject matter, independence, and willingness to consider suggestions and cooperate in teaching activities;

(b) A spirit of scholarly inquiry which leads to enhancing and strengthening the content of courses in light of developments in a field;

(d) A vital interest in teaching and working with students;

(e) Accessibility to students through regular office hours; and

(f) The ability to stimulate students' intellectual interest and enthusiasm.

1424.3 Only when the quality of a faculty members’s performance is clearly documented to be "above and beyond" the creditable and competent performance expected of all faculty members shall performance in this area be judged to be of the special quality and merit warranting an evaluation of "Excellent."

1424.4 Creditable and competent performance shall specifically include the following:

(a) Continuous development and updating of instructional materials and strategies;

(b) Development and revision of course outlines and syllabi; and

1424.5 A "Good" rating shall confirm that the routine responsibilities and duties normally expected of a faculty member have been met, including activities such as meeting all classes, maintaining records and office hours, and reporting grades.

1424.6 In all instances, the quality of a faculty member's performance shall be the dominant factor in determining the weight to be given to the accompanying documentation.

History

SOURCE: Section 402.1 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1424

8-B DCMR § 1425 EVALUATION OF SCHOLARSHIP AND PROFESSIONAL GROWTH

1425.1 A faculty member shall be expected to strive continually for personal growth, to search for new ideas, and to avoid complacency with the level of his or her own personal intellectual development.

1425.2 Scholarship shall be broadly defined, and shall not be viewed as synonymous with formal publication. Nevertheless, scholarship shall be expected to eventually appear in tangible form, be the result of thoughtful labor, and be disseminated to and warrant recognition by an audience capable of appreciating or assessing its value, having in mind its special characteristics and purpose.

1425.3 Study with peers and experts in the field, advanced study, and similar professional activities may be considered as evidence of professional growth.

1425.4 Evidence of professional growth which leads to improved capabilities of credentials shall be a significant element of evaluation.

1425.5 Indications of scholarship and other professional growth and development activities may include the following:

(a) Evidence of original research in progress;

(b) Publication in professional journals;

(d) Technical or vocational activities, products or programs, inventions, and patents;

(e) Development of improved instructional materials or methods which have been copyrighted or disseminated;

(f) Participation in the activities of professional, technical, and industrial societies;

(g) Authorships or editorships; and

(h) Consultantships or special activities that bring significant prestige and honor to the University.

1425.6 In each case, the quality of the work produced, or the level and intensity of the active participation, shall be the dominate factor in assessing performance in this category.

1425.7 The performance required for a rating of "Good" in this category shall be commensurate with rank.

History

SOURCE: Section 402.2 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1425

8-B DCMR § 1426 EVALUATION OF UNIVERSITY SERVICE

1426.1 This evaluation category shall include activities other than teaching or scholarship that contribute to the day-to-day operations and development of the University.

1426.2 University service may include, but is not limited to the following:

(a) Active participation in department, college, and University activities, within and outside of the discipline;

(b) Academic leadership within the campus community;

(d) Assisting colleagues and others with University-related tasks and problems;

(e) Representing the University, either formally or informally, at official, educational, or other functions; and

(f) Individual contributions deemed significant to the growth and development of the University or its components, such as position papers, and the securing of grants and contracts.

1426.3 Each regular full-time faculty member shall be expected to share broad responsibilities in the work of department, division, college, or University committees and projects, or governance bodies.

1426.4 The basis for a rating of "Good" in this evaluation category shall be serious and continual participation in University activities.

1426.5 Exceptional and sustained contributions shall be expected of faculty members in the senior ranks.

1426.6 In all cases, the quality of the faculty member's contributions shall be central to the rating given in this category.

History

SOURCE: Section 402.3 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1426

8-B DCMR § 1427 EVALUATION OF PROFESSIONALLY-RELATED COMMUNITY SERVICE

1427.1 Faculty members shall be expected to use their professional expertise and knowledge freely and voluntarily in service to organizations and activities in the community.

1427.2 Activities under this category may include consultations, memberships on boards and committees, speaking or giving testimony before public bodies, and participation in workshops and non-professional meetings and conferences.

1427.3 Faculty members shall be encouraged to exercise their citizenship roles through actively participating in activities and organizations in their communities.

1427.4 When services rendered through community participation are based on a faculty member's professional training and special expertise, those services shall be considered in the evaluation review process.

1427.5 The important factor in rating community activities as "Good" shall be the quality of service and the depth of involvement in community affairs and not mere membership in groups or involvement.

History

SOURCE: Section 402.4 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1427

8-B DCMR § 1428 COMPONENTS OF EVALUATION

1428.1 The process of reviewing faculty performance shall include the following components:

(a) Peer evaluation;

(b) Student evaluation;

(d) Faculty member's documentation.

1428.2 Peer evaluation shall include assessment by the faculty member's colleagues in accordance with procedures established by 'each department in the appropriate categories for evaluation.

1428.3 Formal student evaluations shall be expected to encompass the areas of classroom instruction and teaching-related performances in areas where the student can observe and judge with reasonable objectivity and accuracy, including the following elements:

(a) Clarity of course requirements and presentations;

(b) Accessibility;

(d) Advisement; and

(e) Record-keeping.

1428.4 The chairperson's evaluation shall include an assessment of each faculty member's overall performance including, but not limited to, routine matters, such as punctuality in class and in submitting grades and required reports. The assessment shall be submitted to the department evaluation committee.

1428.5 The department chairperson may also be included in other aspects of the evaluation process according to the procedures established.

1428.6 The faculty member's portfolio of verifiable evidence shall be included as a major element in assessing performance.

History

SOURCE: Section 403 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1428

8-B DCMR § 1429 RIGHTS AND RESPONSIBILITIES IN THE EVALUATION PROCESS

1429.1 It shall be the responsibility of each faculty member to compile and submit all available documents to be considered in the evaluation and to submit these documents to the appropriate department evaluation committee in accordance with established procedures and timetables.

1429.2 A faculty member shall have the right to review all material related to his or her evaluation at any point in the evaluation process.

History

SOURCE: Section 404 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1429

8-B DCMR § 1430 DEPARTMENTAL RESPONSIBILITY IN THE EVALUATION PROCESS

1430.1 Each department shall establish written guidelines, instruments, and procedures for conducting faculty evaluations, which shall be subject to the approval of the dean.

1430.2 Each department shall ensure that each faculty member is informed of the guidelines, instruments, and procedures prior to the period being evaluated.

1430.3 Departmental evaluation procedures shall include, but are not limited to the following:

(a) Establishing the evaluation committee;

(b) Facilitating student evaluation and peer evaluation of faculty;

(d) Ensuring that each faculty member has reviewed all of his or her materials, as well as recommendations and actions of the dean.

1430.4 If the evaluation rating of a faculty member falls below "Good" in the overall rating in the teaching and teaching-related category or the scholarship and professional growth category (and termination is not recommended), the chairperson, the evaluation committee, and the faculty member shall jointly develop and agree to a written plan for performance improvement.

1430.5 When an evaluation results in a recommendation for termination, the performance improvement plan shall not be required.

History

SOURCE: Section 404 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1430

8-B DCMR § 1431 THE ROLE OF DEANS IN THE EVALUATION PROCESS

1431.1 Each dean shall review and assess the evaluation materials and make his or her own recommendations.

1431.2 Each dean shall submit his or her recommendations to the appropriate departments and inform those departments of his or her actions.

History

SOURCE: Section 404 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1431

8-B DCMR § 1432 REVIEW AND APPEAL OF EVALUATIONS

1432.1 Each college shall develop and make available to its faculty a review and appeal procedure that allows for fair, expeditious, and impartial reconsideration of the outcome of evaluations.

1432.2 All appeals or requests for reconsideration of evaluation shall be in writing.

History

SOURCE: Section 405 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1432

8-B DCMR § 1433 EVALUATION OF CHAIRPERSONS

1433.1 Each department chairperson shall be evaluated in his or her role as a faculty member in the regular evaluation process.

1433.2 Performance in the role of chairperson shall be separately reviewed, in accordance with the provisions of this title.

History

SOURCE: Section 406 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1433

8-B DCMR § 1434 ACADEMIC ADMINISTRATORS, LIBRARIANS, AND MEDIA SPECIALISTS

1434.1 Academic administrators shall be evaluated in their roles as faculty members by their respective departments.

1434.2 Librarians and media specialists shall be evaluated as faculty members and in accordance with American Association of University Professors, American Library Association, and other appropriate professional standards

1434.3 Detailed evaluation guidelines, instruments, and procedures shall be developed by an appropriate committee of librarians and media specialists for approval by the Vice President for Academic Affairs.

History

SOURCE: Sections 407, 408 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1434

8-B DCMR § 1435 EVALUATION RATINGS, MERIT INCREASES, AND MERIT BONUSES

1435.1 All increments in salary shall be based solely on merit.

1435.2 A favorable rating shall not guarantee a merit increase, but shall be the basis for consideration for a merit increase.

1435.3 Upon the recommendation of the Dean of the College and the Vice President for Academic Affairs, the President may award a merit bonus to a faculty member whose overall performance has been "Excellent."

1435.4 Faculty members at the top of the salary scale for a given rank shall continue to be eligible for merit bonuses.

History

SOURCE: Section 409 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1435

8-B DCMR § 1436 PERSONNEL FILES

1436.1 All materials connected with faculty employment within the University (except evaluation materials) shall be maintained in the Office of Personnel Management and Development.

1436.2 The office of the dean and the department office shall each maintain a duplicate file of evaluation materials for each faculty member.

1436.3 Faculty members may place materials in their evaluation files.

1436.4 Faculty members shall have complete access to their evaluation files.

1436.5 Materials placed in the evaluation file may not be deleted except with departmental approval and the faculty member's consent.

History

SOURCE: Section 410 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1436

8-B DCMR § 1437 RESERVED

8-B DCMR § 1438 RESERVED

8-B DCMR § 1439 RESERVED

8-B DCMR § 1440 REAPPOINTMENT AND NON-REAPPOINTMENT

1440.1 Reappointment authority shall be consistent with the appointment authority.

1440.2 Each recommendation for reappointment and non-reappointment shall originate at the department level.

1440.3 Each reappointment shall be contingent upon satisfying the general criteria for the evaluation of faculty members and the specific criteria for a particular rank.

1440.4 If a faculty member is recommended for non-reappointment, the reasons for that recommendation shall be given in writing to the faculty member.

1440.5 Each contract for reappointment shall be for a definite period of service.

1440.6 Notice of non-reappointment, or notice of intention to recommended reappointment, shall be given in writing to each regular full-time faculty member in his or her first year of service, as follows:

(a) Not later than February 15th of the first academic year of service, if the appointment expires at the end of that year; or

(b) If a one (1) year appointment terminates during an academic year, at least three (3) months in advance of its termination.

History

SOURCE: Section 501 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1440

8-B DCMR § 1441 PROMOTION

1441.1 The principles set forth under the provisions of this chapter which are applicable to appointments shall be applied to promotion, in addition to the provisions of this section.

1441.2 Eligibility for promotion shall constitute grounds for consideration for promotion, but shall not require or ensure promotion.

1441.3 Each promotion criteria shall be applied more stringently for each successively higher rank.

1441.4 Stringency requirements shall be guided by the standards for rank set forth in §§1410 through 1419 of this chapter.

1441.5 A committee on promotions for each college shall develop detailed procedures for promotion based upon the University's personnel policies.

1441.6 Eligibility for promotion shall be based on the following criteria:

(a) Earned degrees and other appropriate credentials and experience required for the desired rank;

(b) Teaching competence, as evidenced by consistent evaluation ratings of not less than "Good";

(c) Sustained scholarship and professional growth during the period of service at the current academic rank, as evidenced by a continuing and increasing quality of scholarship and professional growth;

(d) Length of service to the University; and

(e) Service to the University, including sustained contributions to department, college, or University committees, department or college academic programs, faculty and institutional governance, and supportive service to student activities for the current academic rank as determined by evaluation.

1441.7 A minimum of two (2) years of service with the University at the rank of Assistant Professor shall be required to be eligible for the rank of Associate Professor.

1441.8 A minimum of five (5) years of service with the University at the rank of Associate Professor shall be required to be eligible for the rank of Professor.

1441.9 Professionally-related community service is encouraged and may be considered in connection with promotion. However, it is not essential and shall be given less weight than the other criteria.

History

SOURCE: Sections 601, 602 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1441

8-B DCMR § 1442 PROMOTION PROCEDURES

1442.1 Early in the fall semester of each academic year, the dean of each college shall notify the faculty, by memorandum, of the deadlines for the submission of materials and of the procedures for applying for promotion, as established by the college committee on promotions.

1442.2 When a faculty member wishes to be considered for promotion, he or she shall notify the departmental evaluation committee.

1442.3 The departmental evaluation review shall include performance for the current and previous years at the present rank in the University.

1442.4 After the evaluation review is completed, the department shall submit the applicant's folder on current and previous years of performance to the college committee on promotions, along with recommendations supporting or rejecting the faculty member's request for promotion.

History

SOURCE: Section 603 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1442

8-B DCMR § 1443 COLLEGE COMMITTEE ON PROMOTIONS

1443.1 Each college shall have the responsibility of forming its own committee on promotions.

1443.2 The committee shall have a minimum of five (5) and a maximum of ten (10) voting members. Efforts shall be made to have the committee composed of a ratio of 2:2:1 (professors: associate professors: assistant professor).

1443.3 The committee shall include regular (full-time) faculty members, each of whom shall have a minimum of three (3) years of service to the University and shall have been elected by appropriate units within the college in the preceding academic year.

1443.4 The dean of the college shall serve as an ex-officio, non-voting member of the committee. The full committee shall elect its own chairperson.

1443.5 No committee member shall be eligible to apply for promotion during the year of service on the committee.

1443.6 The proceedings of the committee shall remain confidential.

History

SOURCE: Section 603 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1443

8-B DCMR § 1444 PROMOTION COMMITTEE. PROCEDURES

1444.1 The college committee on promotions shall review and evaluate all data received and shall recommend in rank order the candidates for promotion.

1444.2 The committee shall act by hand vote, and shall be prepared to give written supportive evidence for determination of selection or non-selection of each applicant.

1444.3 The committee may conduct interviews with the applicant, other faculty members, and administrators for the purpose of securing interpretation and clarification of credentials submitted and information pertinent to the capabilities of the applicant.

1444.4 The committee shall advise each applicant of its decision and shall submit its recommendations and justification to the Vice President for Academic Affairs through the dean of the college. The dean may submit separate recommendations.

1444.5 If there is evidence that the committee was not aware of significant data in the case of a given applicant, the dean may reconvene the committee to reconsider its recommendations.

1444.6 The report of the committee and the recommendation of the Vice President for Academic Affairs shall be submitted to the President.

History

SOURCE: Section 603 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1444

8-B DCMR § 1445 FINAL ACTION AND APPLE OF PROMOTION RECOMMENDATIONS

1445.1 Candidates shall be notified of promotion decisions in writing by the appropriate administrative official within thirty (30) days after submission of the recommendations of the committee.

1445.2 If a request for promotion is denied, the applicant shall be given the reasons for the decision in writing.

1445.3 A candidate who does not receive a promotion may reapply at the appropriate time.

1445.4 A promotion shall require a change in the faculty member's contract for the next academic year.

1445.5 A candidate for promotion may request review of the recommendation of the college committee on promotions by submitting a written request for reconsideration to the dean within fourteen (14) calendar days after receipt of the recommendation.

History

SOURCE: Sections 603, 604 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1445

8-B DCMR § 1450 FACULTY SEPARATION FROM THE UNIVERSITY

1450.1 Faculty members may be separated from the University in the following five ways:

(a) Resignation;

(b) Retirement;

(d) Termination for cause, in accordance with chapter 15 of this title; or

(e) Reduction-in-force ("RIF"), in accordance with the provisions of §§1451 through 1459 of this chapter.

1450.2 A faculty member shall give written notice of intent to resign at least one (1) semester prior to the effective date of resignation. Exceptions may be made in unusual circumstances.

8-B DCMR § 1455 RESERVED

8-B DCMR § 1456 RESERVED

8-B DCMR § 1457 RESERVED

8-B DCMR § 1458 RESERVED

8-B DCMR § 1459 RESERVED

8-B DCMR § 1460 UNIVERSITY TENURE: GENERAL POLICY

1460.1 University tenure is a privilege which shall be reserved for faculty members who have earned the confidence of the University by merit of their superior capabilities and credentials.

1460.2 The awarding of University tenure shall be based on the desire and commitment of the University to maintain a permanent association with a faculty member whose excellent services and contributions to its mission have been demonstrated.

1460.3 The award of University tenure to existing or prospective faculty members shall be based on the procedural and eligibility requirements set forth in §§ 1461 through 1471, except when clearly compelling reasons, supported by a departmental recommendation, justify waiving any of the criteria or procedures.

1460.4 The tenure process shall be based narrowly and properly on evaluation of individual performance; Provided, that the changing needs and priorities of the institution and budget constraints may also affect the decision to grant tenure.

1460.5 Tenure decisions shall be based on the academic judgments of faculty members and administrators.

History

SOURCE: Section 801 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1460

8-B DCMR § 1461 TENURE: ELIGIBILITY REQUIREMENTS

1461.1 All members of the University's regular (full-time) faculty shall be required to apply for University tenure when they become eligible.

1461.2 In order to be eligible for tenure, a faculty member shall hold the rank of either Professor or Associate Professor.

1461.3 In order to be eligible for tenure, a faculty member shall have had seven (7) years of teaching experience in an institution of higher education including five (5) years at the University or one of its predecessor institutions.

1461.4 A candidate for tenure shall be required to meet the criteria for the current faculty rank held in accordance with this chapter.

History

SOURCE: Section 802 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1461

8-B DCMR § 1462 TENURE: CRITERIA FOR AWARD

1462.1 The general criteria set forth in this section shall be applied to each tenure decision in light of the missions and goals of the University and the specific qualities and competencies of the individual faculty member under consideration for tenure.

1462.2 The award of University tenure shall be based on the following:

(a) Consistent highly favorable evaluations over a sustained period;

(b) Length and quality of service to the University; and

1462.3 Recognition of the University's manifold responsibilities shall not diminish the central importance of teaching and scholarly activity, understood in their broadest sense, in the decision to recommend a faculty member for tenure.

1462.4 Academic excellence shall be the major criteria for the granting of tenure to any University faculty member. Each candidate for tenure shall be judged on the basis of his or her academic and professional merit in relation to all alternative candidates.

1462.5 The following specific criteria are relevant to decisions governing the awarding of tenure:

(a) Teaching effectiveness, including accessibility to students and responsiveness to students;

(b) Evidence of scholarship and continuing professional growth and development;

(d) Professional degrees, awards, and achievements;

(e) Membership and leadership in professional organizations;

(f) Staffing needs of the University;

(g) Continuing advisory service to students; and

(h) Student evaluations.

1462.6 The standards and criteria set forth in this chapter with respect to appointment, evaluation, and promotion shall be applicable to the award of University tenure.

History

SOURCE: Section 802 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1462

8-B DCMR § 1463 EARLY APPLICATION FOR TENURE

1463.1 In unusual circumstances, a particularly outstanding faculty member with less than the requisite years of service for tenure eligibility may submit early application for tenure consideration.

1463.2 If tenure is denied based on an early application, the applicant may make final application for tenure consideration at the completion of the requisite years of service.

History

SOURCE: Section 802 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1463

8-B DCMR § 1464 RESERVED

8-B DCMR § 1465 Rights, Privileges, and Responsibilities of Tenured Faculty

1465.1 The rights, privileges, and responsibilities of the University tenured faculty shall be the following:

(a) Periodic evaluation ratings rather than annual evaluation ratings;

(b) The right to exercise seniority in all matters in which seniority is a determining factor;

(d) The mutual expectation of continued service to the University.

1465.2 Faculty members with tenure shall have open-ended contracts which may be amended only with respect to specific conditions of service.

1465.3 The employment contract of a faculty member with tenure may not be terminated until retirement of the faculty member except for just cause.

1465.4 The responsibilities that accompany University tenure shall include the following:

(a) To provide academic leadership;

(b) To ensure the quality of the University's programs;

(d) To serve on college Committees on University Tenure.

History

SOURCE: Section 803 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1465

8-B DCMR § 1466 TENURE COMMITTEES

1466.1 Each college shall annually elect a Committee on University Tenure.

1466.2 Each Tenure Committee shall elect its own chairperson.

1466.3 Each Tenure Committee shall develop procedures for considering and recommending tenure for all candidates in its college and shall have the procedures approved by the Vice President for Academic Affairs.

1466.4 The Dean of the college shall serve as an ex officio (non-voting) member of the Tenure Committee.

1466.5 Each Tenure Committee shall be composed of a minimum of five (5) and a maximum of ten (10) voting members.

1466.6 The voting members of each Tenure Committee shall be elected in the preceding academic year by the appropriate units within the college from among the regular University tenured faculty in each unit.

1466.7 Every effort shall be made to have each Tenure Committee composed of three (3) members holding the rank of Professor for each two (2) members holding the rank of Associate Professor.

1466.8 All proceedings of each Tenure Committee shall remain confidential.

History

SOURCE: Section 803 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1466

8-B DCMR § 1467 TENURE COMMITTEE RECOMMENDATION PROCESS

1467.1 Early in the Fall semester of each academic year, the Dean of each college shall notify the faculty by memorandum of the deadlines for submission of materials and of the approved procedures for applying for University tenure.

1467.2 Each academic year, each Tenure Committees shall review and evaluate all of the documentation received and shall vote on a recommendation for each applicant. Each Committee shall recommend in rank order the eligible candidates for University tenure.

1467.3 A Tenure Committee may request interviews with an applicant or other members of the faculty and administration for the purpose of securing interpretation and clarification of documentation submitted regarding the performance of the applicant.

1467.4 A Tenure Committee may, if appropriate, form ad hoc subcommittees, which may include faculty who are not members of the Committee, to review applications under consideration and may consult in similar circumstances with faculty and scholars of other institutions.

History

SOURCE: Section 804 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1467

8-B DCMR § 1468 NOTICE OF TENURE RECOMMENDATIONS

1468.1 Each applicant shall be notified in writing of the recommendation of the Tenure Committee.

1468.2 If an applicant is not recommended for tenure, the Tenure Committee shall send in writing the supporting reasons for the denial to the applicant by registered mail, return receipt requested, at the applicant's last known address.

1468.3 Simultaneously with the notification of the applicant, the Committee shall forward its recommendations and the supporting reasons, based on the evidence for affirmation or denial of tenure, to the Vice President for Academic Affairs through the Dean of the college.

History

SOURCE: Section 804 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1468

8-B DCMR § 1469 TENURE REVIEW COMMITTEE

1469.1 Upon receipt the recommendations of the college Tenure Committees, the Vice President for Academic Affairs shall convene a University Tenure Review Committee.

1469.2 The University Tenure Review Committee shall consist of one (1) individual selected from each college Tenure Committee by the members of that committee, and four (4) additional tenured faculty who shall be appointed by the Vice President for Academic Affairs. The Vice President for Academic Affairs shall designate one (1) of his or her appointees as chairperson.

1469.3 The University Tenure Review Committee shall do the following:

(a) Act as an advisory body on tenure to the Vice President for Academic Affairs;

(b) Develop criteria which effectively establish merit as the sole basis of award among the equally deserving candidates for tenure; and

History

SOURCE: Section 804 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1469

8-B DCMR § 1470 REVIEW AND RECONSIDERATION OF TENURE RECOMMENDATIONS

1470.1 An applicant who is not recommended for tenure by the Tenure Committee may request reconsideration by the Vice President for Academic Affairs. The Vice President shall transmit the request to the University Tenure Review Committee.

1470.2 Reconsideration of an application shall be based only on inequitable application of criteria or evidence of incomplete documentation.

1470.3 Applicants requesting reconsideration shall notify the Vice President for Academic Affairs by filing a notice of intent to apply for reconsideration within five (5) calendar days after receipt of the notice under § 1468.

1470.4 An applicant for reconsideration shall file documentation in support of the request for reconsideration within ten (10) calendar days after receipt of notice under § 1468.

1470.5 The Tenure Review Committee shall review all documentation presented with the request for reconsideration, and shall inform the applicant and the Vice President for Academic Affairs of its recommendation in writing within thirty (30) calendar days. Reasons shall accompany the recommendations to the Vice President for Academic Affairs.

1470.6 The Vice President for Academic Affairs shall review each tenure recommendation, including the recommendations of the Tenure Review Committee for reconsideration, and shall send recommendations to the President for review. After review, the President shall forward his or her recommendations on tenure to the Board.

1470.7 Each candidate shall be notified of the decision of the Board in writing by the appropriate administrative official within one (1) week after Board action. This notice shall be sent by registered mail, return receipt requested, to the candidate's last known address.

1470.8 A faculty member may appeal an adverse decision on tenure to the Board on grounds of inequitable application of criteria within ten (10) calendar days after receipt of the notice under § 1470.7.

1470.9 The decision of the Board on the appeal shall be final.

History

SOURCE: Section 804 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1470

8-B DCMR § 1471 STATUS OF FACULTY MEMBERS DENIED TENURE

1471.1 Eligible candidates who are denied tenure, except for those who have made early application, may not reapply for tenure.

1471.2 If a faculty member is denied tenure at the end of seven (7) years or more of service, the continuation of that faculty member's employment with the University shall be on the basis of a year to year contract.

History

SOURCE: Section 804 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1471

8-B DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Bona fide financial exigency - an imminent financial crisis which threatens the survival of the University and which cannot be alleviated by less drastic means than termination.

Non-reappointment - the non-renewal of a contract at its expiration.

Reduction-in-force (RIF) - reduction of faculty by separation as a result of a bona fide financial exigency or a discontinuance or curtailment of any department, program, or function of the University.

Resignation - voluntary separation from the University.

Retirement - discontinuance of employment because of age or length of service.

Termination - the involuntary separation or removal of an employee from the University for cause before the term of an appointment expires.

History

SOURCE: Section 901 of the University of the District of Columbia Faculty and Administrative Personnel Policies, 1980, as published in Final Rulemaking published at 27 DCR 1657 (April 25, 1980), from the Proposed Rulemakings published at 25 DCR 3934 (October 27, 1978) and 27 DCR 267 (January 18, 1980). District of Columbia Municipal Regulations Higher Education: University of the District of Columbia 8-B DCMR § 1499

8-B15 PROGRESSIVE DISCIPLINE

8-B DCMR § 1500 GENERAL PROVISIONS

1500.1 This chapter establishes a progressive approach for addressing employee performance and conduct deficiencies at the University of the District of Columbia.

1500.2 The provisions of this chapter shall apply to all University employees, except the following:

Faculty to the extent that their terms and conditions of employment regarding discipline are covered by a labor agreement;

Employees serving in a probationary period;

Employees serving in temporary, at-will or time-limited appointments; and

The University Administration (President’s Cabinet).

1500.3 The provisions of this chapter do not apply to:

Reductions in force;

Reassignments; and

Memoranda of Counseling, except to the extent specified herein.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1500

8-B DCMR § 1501 POLICY

1501.1 The policies outlined in this section apply to employees and their supervisors, and form the basis for the standards governing this chapter.

1501.2 Each supervisor has a duty and responsibility to ensure that employees are aware of the established performance and conduct standards (“standards”) applicable to their roles and functions and the consequences of not meeting those standards. Whenever such standards are not met, a supervisor has an affirmative obligation to provide the employee with the necessary guidance and training to meet these standards and when appropriate, to take disciplinary action pursuant to this chapter.

1501.3 Each employee has the duty and the responsibility to be aware of and abide by the existing rules and policies. Each employee also has the responsibility to perform his or her duties to the best of his or her ability and to the standards established by management and his or her job description.

1501.4 The University takes a positive approach toward workforce management to achieve organizational effectiveness by using a progressive system of discipline to address performance and conduct issues.

1501.5 The University employs a progressive disciplinary system to address performance and conduct issues, and it includes:

Oral Admonishment/Warning and Memorandum of Counseling;

Written Reprimand;

Suspension;

Demotion; and

Termination.

1501.6 Strict application of the progressive steps in § 1501.5 may not be appropriate in every situation. Therefore, the University retains the right to evaluate each situation on its own merits and may skip any or all of the progressive steps. However, deviation from the progressive disciplinary system is only appropriate when consistent with § 1504.

1501.7 University officials have the obligation to ensure that disciplinary actions are taken only when an employee does not meet or violates established performance or conduct standards.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1501

8-B DCMR § 1502 EMPLOYEE RIGHTS

1502.1 Employees enjoy the protections established in this chapter. No employee subject to this chapter may be reprimanded, suspended, demoted, or removed without cause, as defined in this chapter.

1502.2 Employees who are subject to a recognized labor agreement enjoy the benefits of their collective bargaining agreement. Conflicts between such agreements and this chapter will be resolved as follows:

The provisions of any labor agreement shall be construed to give effect to the provisions of this chapter;

Where a specific provision of a labor agreement cannot be reconciled with a specific provision of this chapter, the labor agreement shall control with respect to that provisions.

1502.3 Disciplinary actions taken against employees are subject to the following limitations:

A disciplinary action must be commenced no more than ninety (90) days after the agency or personnel authority knew or should have known of the performance or conduct supporting the action;

When there is an investigation involving facts or circumstances germane to the performance or conduct supporting a disciplinary action, the time limit established in paragraph (a) will be delayed or suspended pending:

Any criminal investigation by the Metropolitan Police Department or any other law enforcement agency with jurisdiction within the United States, the Office of the United States Attorney for the District of Columbia, or the Office of the Attorney General; or

Any investigation by the Office of the Inspector General, the Office of the District of Columbia Auditor, the Office of Police Complaints, or the University Office of the General Counsel.

The time limits imposed in paragraph (a) may be suspended by the Vice President of Human Resources or designee for good cause and will be suspended pending any related investigation by the Board of Ethics and Government Accountability.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1502

8-B DCMR § 1503 MISCONDUCT & PERFORMANCE DEFICIENCIES

1503.1 University employees are expected to demonstrate high standards of integrity, both on and off the job, guided by established standards of conduct, and other Federal and District laws, rules, and regulations. When established standards of conduct are violated or performance measures are not met, or the rules of the workplace are disregarded, disciplinary action is warranted to encourage conformity with acceptable behavior and performance standards or to protect operational integrity.

1503.2 Taking a disciplinary action against an employee is appropriate when the employee fails to or cannot meet identifiable conduct or performance standards, which adversely affect the efficiency or integrity of University service. Before initiating such action, the University will conduct an inquiry into any apparent misconduct or performance deficiency (collecting sufficient information from available sources, including, when appropriate, the subject employee) to ensure the objective consideration of all relevant facts and aspects of the situation.

1503.3 Whether an employee fails to meet performance standards will be determined by application of the provisions set forth in Chapter 19 of this Title.

1503.4 Though not exhaustive, the following classes of conduct and performance deficiencies constitute cause and warrant disciplinary action:

Conduct prejudicial to the University of the District of Columbia and/or the District of Columbia Government, including:

Conviction of any felony;

Conviction of any criminal offense that is related to the employee’s duties or the University’s mission;

Conduct that an employee should reasonably know is a violation of law or regulation; and

Off-duty conduct that adversely affects the employee’s job performance or trustworthiness, or adversely affects the University’s mission or has an otherwise identifiable nexus to the employee’s position;

False Statements, including:

Deliberate falsification of an application for employment or other personal history record by omission of a material fact or by making a false entry;

Misrepresentation, falsification, or concealment of material facts or records in connection with an official matter;

Knowingly and willfully making an incorrect entry on an official record or approving an incorrect official record; and

Knowingly and willfully reporting false or misleading information or purposely omitting materials facts, to any supervisor;

Fiscal irregularities which include actions that impinge on the financial viability and/or accountability of the University;

Failure or refusal to follow instructions;

Neglect of duty;

Attendance-related offenses, including:

Unexcused tardiness;

Unauthorized absence; and

Falsification of official records concerning attendance (i.e., timesheets, overtime requests, etc.);

Using or being influenced by intoxicants while on duty;

Unlawful possession of controlled substances and paraphernalia;

Safety and health violations;

Discriminatory practices;

Sexual misconduct;

Prohibited personnel practices, such as:

Deceitful obstruction of a person’s right to compete for employment;

Granting preference or an advantage to an applicant; and

Discriminating for or against an applicant;

Failure to meet performance standards; and

Inability to carry out assigned responsibilities or duties.

1503.5 An employee of the University’s Office of Public Safety and Emergency Management who is authorized to carry a firearm while on-duty, and/or who is a commissioned police officer, is held to a higher standard of conduct and therefore, will be deemed to have engaged in conduct prejudicial to the University if:

The police officer engages in any act or omission that constitutes a criminal offense; or

There is any credible evidence that the police officer unlawfully used a controlled substance.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1503

8-B DCMR § 1504 ESTABLISHING APPROPRIATE ACTION

1504.1 After establishing a sufficient basis for taking action (i.e., evidence to support the allegation(s) and a nexus between the conduct or performance at issue and the employee’s job or the University’s mission), a supervisor must determine the appropriate action to address the employee’s conduct or performance deficiencies based on the totality of circumstances.

1504.2 For all disciplinary actions, supervisors must be prepared to demonstrate that the following factors were considered:

The nature and seriousness of the misconduct or performance deficiency, and its relationship to the employee’s duties, position, and responsibilities, including whether the offense was intentional, technical or inadvertent; was committed maliciously or for gain; or was frequently repeated;

The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;

The employee’s past disciplinary record;

The employee’s past work record, including length of service, performance on the job; ability to get along with fellow workers, and dependability;

The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect on the supervisor’s confidence in the employee’s ability to perform assigned duties;

The consistency of the penalty with those imposed upon other employees for the same or similar offenses;

The consistency of the penalty with any table of disciplinary and adverse actions the University may decide to issue;

The notoriety of the offense or its impact upon the reputation of the University or the District Government;

The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;

The potential for the employee’s rehabilitation;

The mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, bad faith, malice, or provocation on the part of those involved in the matter; and

The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

1504.3 These factors should be considered and balanced to arrive at the appropriate remedy. While not all of these factors may be relevant, consideration should be given to each factor based upon the circumstances.

1504.4 An analysis of the factors above will be included in any final agency decision on an adverse action.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1504

8-B DCMR § 1505 Memorandum of Counseling

1505.1 As an employer, the University, through its managerial staff, has an obligation to create a fair, supportive, and transparent work environment that prevents the need for disciplinary action. However, when an employee engages in misconduct or fails to meet performance standards, steps will be taken to gather the relevant facts, correctly identify the problem(s), and then determine whether further action is warranted.

1505.2 As a first step on the continuum of progressive discipline, management will attempt to correct misconduct and performance deficiencies.

When appropriate to the circumstances, employees will first be counseled concerning misconduct.

Performance matters will initially be addressed as set forth in Chapter 19 of this title.

1505.3 When counseling (admonishing or warning) the employee is deemed appropriate to the circumstances, the supervisor or manager must:

Articulate the relevant conduct standard;

Explain how the employee has failed to meet those standards;

Explain management’s conduct expectations; and

Explain the potential consequences if those expectations are not met prospectively.

1505.4 The supervisor will follow-up the verbal counseling (admonishment or warning) with a Memorandum of Counseling to the employee. The memorandum will establish the date, time, and content of the verbal counsel and will include the information required by § 1505.3. Supervisors will retain a copy of the correspondence for a period of no less than two years, but the Memorandum of Counseling will not be made a part of the Official Personnel File.

1505.5 While verbal counseling is a means of addressing performance and conduct deficiencies as a first step within the Progressive Disciplinary Model, it is neither a corrective nor an adverse action for purposes of this chapter.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1505

8-B DCMR § 1506 CORRECTIVE ACTION: WRITTEN REPRIMAND

1506.1 A Corrective Action is a Written Reprimand or a Suspension of less than ten (10) days.

1506.2 When counseling (admonishing or warning) fails to correct conduct or performance issues, or where such counseling is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, a more formal response may be required. Within the Progressive Disciplinary Model, one formal response is a Written Reprimand, and it represents a corrective action.

1506.3 A Written Reprimand is a document issued by the Proposing Official that identifies specific conduct and/or performance deficiencies by an employee. At a minimum, a Written Reprimand includes:

A short narrative concerning the factual circumstances warranting the action;

A description of the conduct standards at issue and how these standards were not met;

A brief narrative describing how the employee should conduct himself or herself prospectively to correct the conduct and/or performance deficiency;

The potential consequences if the conduct and/or performance requirements are not met;

A notice informing the employee that he or she may submit a written response to the Written Reprimand; and

Notification to the employee of his or her right to grieve the Final Administrative Decision pursuant to the provisions of this chapter or any applicable labor agreement, but not both.

1506.4 The employee to whom a Written Reprimand is issued will be asked to acknowledge its receipt in writing. If the employee refuses to acknowledge receipt in writing, a witness to the refusal will provide a brief written statement that the employee refused to acknowledge receipt in writing, and that statement will be signed and dated by the witness.

1506.5 Within fifteen (15) days of receipt of the Written Reprimand, an employee may elect to submit a written response to the Deciding Official.

An employee’s written response may clarify, expand on, or take exception to the statements or conclusions made in the Written Reprimand. Once submitted, the response will be maintained and treated as an attachment to the Written Reprimand.

1506.6 The Deciding Official will consider any written response submitted by the employee. The Deciding Official may sustain, modify, or rescind the Written Reprimand, based on the employee’s response, and will issue a written determination within fourteen (14) days of receipt of the employee’s response.

1506.7 If the Written Reprimand is modified, it will be served on the employee, who will be provided an opportunity to submit a supplemental response consistent with § 1506.4.

1506.8 Unless modified or rescinded pursuant to § 1506.5, a Written Reprimand will constitute the Final Administrative Decision upon either the issuance of the Deciding Official’s final determination, or the expiration of the fifteen (15) day employee response period as specified in § 1506.4, whichever is later.

1506.9 A Written Reprimand may be considered in determining whether additional and/or more severe disciplinary action is warranted in any subsequent instances of conduct or performance deficiencies when such disciplinary action is initiated within three (3) years of the Written Reprimand.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1506

8-B DCMR § 1507 CORRECTIVE ACTIONS: SUSPENSION OF LESS THAN TEN (10) DAYS

1507.1 When counseling or a Written Reprimand fail to correct conduct or performance issues, or where counseling or a Written Reprimand is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, a more substantial response may be required. Within the Progressive Disciplinary Model, one more substantial response is a suspension of less than ten (10) days, and it represents a corrective action.

1507.2 Except in the case of a Written Reprimand in accordance with § 1506 or a summary disciplinary action in accordance with § 1510, the Proposing Official shall issue a Notice of Proposed Corrective Action, which will inform the employee of the following:

The type of proposed corrective action (suspension of less than ten (10) days);

The nature of the proposed corrective action (days of suspension);

The specific performance or conduct at issue;

The ways in which the employee’s performance or conduct fails to meet appropriate standards;

The name and contact information of the Deciding Official; and

The employee’s right to:

Review material upon which the proposed corrective action is based;

Prepare a written response to the notice, and

Be represented by an attorney or other representative.

1507.4 The Notice of Proposed Corrective Action will be approved and signed by the Proposing Official.

1507.5 The employee to whom a Notice of Proposed Corrective Action is issued will be asked to acknowledge its receipt in writing. If the employee refuses to acknowledge receipt in writing, a witness to the refusal will provide a brief written statement that the employee refused to acknowledge receipt in writing, and that statement will be signed and dated by the witness.

1507.6 The material upon which the Notice of Proposed Corrective Action is based, and which is necessary to support the reasons given in the Notice, will be assembled and provided to the employee along with the Notice, unless impractical. If the materials cannot be provided at the time of Notice, they will be made available to the employee for his or her review, upon request.

1507.7 Within fifteen (15) days of receipt of the Notice of Proposed Corrective Action, an employee may elect to submit a written response to the Deciding Official.

1507.8 An employee’s written response may clarify, expand on, or take exception to the statements or conclusions made in the Notice of Proposed Corrective Action. Once submitted, the response will be maintained and treated as an attachment to the Notice of Proposed Corrective Action.

1507.8 Except in the case of summary disciplinary action in accordance with §1510, an employee will remain in an active duty status pending issuance of a final determination of the proposed corrective action.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1507

8-B DCMR § 1508 ADVERSE ACTIONS: SUSPENSIONS OF 10 DAYS OR MORE, DEMOTIONS, AND TERMINATIONS

1508.1 Whenever a corrective action fails to improve a performance or conduct problem or is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, or in the case when an employee cannot perform an essential duty of his or her employment, an adverse action may be warranted.

1508.2 An adverse action is a suspension of ten (10) days or more, a demotion, or a termination.

1508.3 Except in the case of summary disciplinary actions in accordance with §1510, the Proposing Official will issue a Notice of Proposed Adverse Action, which will inform the employee of the following:

The type of proposed adverse action (suspension of ten (10) days or more, demotion, or termination);

The nature of the proposed adverse action (days of suspension, demotion, or removal);

The specific performance or conduct at issue;

The ways in which the employee’s performance or conduct fails to meet appropriate standards;

The name and contact information of the Deciding Official; and

The employee’s right to:

Review material upon which the proposed adverse action is based;

Prepare a written response to the notice, and

Be represented by an attorney or other representative.

1508.4 The Notice of Proposed Adverse Action will be approved and signed by the Proposing Official.

1508.5 The employee to whom a Notice of Proposed Adverse Action is issued will be asked to acknowledge its receipt in writing. If the employee refuses to acknowledge receipt in writing, a witness to the refusal will provide a brief written statement that the employee refused to acknowledge receipt in writing, and that statement will be signed and dated by the witness.

1508.6 The material upon which the Notice of Proposed Adverse Action is based, and which is necessary to support the reasons given in the Notice, will be assembled and provided to the employee along with the Notice, unless impractical. If the materials cannot be provided at the time of Notice, they will be made available to the employee for his or her review, upon request.

1508.7 Within fifteen (15) days of receipt of the Notice of Proposed Adverse Action, an employee may elect to submit a written response to the Deciding Official.

An employee’s written response may clarify, expand on, or take exception to the statements or conclusions made in the Notice of Proposed Adverse Action. Once submitted, the response will be maintained and treated as an attachment to the Notice of Proposed Adverse Action.

1508.8 Except in the case of summary disciplinary action in accordance with § 1510, an employee will remain in a pay status pending issuance of a final determination of the proposed adverse action.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1508

8-B DCMR § 1509 ADMINISTRATIVE LEAVE DURING NOTICE PERIODS

1509.1 Following the issuance of a Notice of Proposed Adverse Action or a Notice of Proposed Corrective Action, the Vice President for Human Resources or designee may, at his or her discretion, place the employee on administrative leave pending a final determination in accordance with this section.

1509.2 The Vice President for Human Resources may place an employee on administrative leave for no more than ninety (90) days.

1509.3 The Vice President for Human Resources may extend the period of administrative leave in increments of no more than thirty (30) calendar days when:

Returning the employee to duty would undermine the integrity of University operations, threaten the safety of employees, or threaten the health, safety, or welfare of the public; or

The University has been diligently pursuing a final decision and the delay is due to circumstances beyond the University’s control.

1509.5 When the time limits prescribed by this section are exhausted, the employee will be returned to full duty pending a Final Administrative Decision.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1509

8-B DCMR § 1510 SUMMARY DISCIPLINARY ACTIONS

1510.1 An employee may be summarily suspended or terminated, notwithstanding the processes described in §§ 1507-1508 of this chapter.

1510.2 An employee may be suspended or terminated summarily when his or her conduct:

Threatens the integrity of University operations;

Constitutes an immediate hazard to the University, to other University employees or students, or to the employee; or

Is detrimental to public health, safety, or welfare.

1510.3 Any decision to take a summary disciplinary action under this section must be approved in writing by the Vice President for Human Resources, or designee. All such approvals must identify:

Sufficient facts relied upon by the Vice President for Human Resources to support the actions;

The specific paragraph(s) of § 1510.2 justifying the summary action; and

The specific misconduct, consistent with § 1504, warranting suspension or termination.

1510.4 When the Vice President for Human Resources is satisfied that the conditions of § 1510.2 are present, the University may order the employee to immediately leave his or her duty station. Additionally, the University may order the employee to stay away from any University owned or occupied properties to the extent reasonably necessary to ensure the safety of University employees and property; the integrity of University operations; and the public health, safety, and welfare.

1510.5 When summary action is warranted, the University will:

Provide the employee with a Notice of Summary Disciplinary Action;

Provide the employee with an opportunity to respond in writing within fifteen (15) days of receipt;

Provide the employee with a Final Administrative Decision if the employee submits a written response; and

Advise the employee of his or her applicable appeal rights.

1510.6 Whenever the University summarily removes or suspends an employee, the Proposing Official will serve the employee with a Notice of Summary Disciplinary Action within five (5) days. The notice will inform the employee of the following:

(a) The nature of the summary action;

(b) The effective date of the summary action;

(d) The ways in which the employee’s conduct fails to meet appropriate standards;

(e) The specific paragraph(s) of § 1510.2 warranting summary action;

(f) The right to review material upon which the summary action is based;

(g) The right to be represented by an attorney or other representative.

(h) The right to prepare a written response to the notice of the proposed summary action;

(i) The name and contact information of the Deciding Official.

1510.7 Within fifteen (15) days of receipt of the Notice of Summary Disciplinary Action, an employee may elect to submit a written response to the Deciding Official.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1510

8-B DCMR § 1511 CORRECTIVE & ADVERSE ACTIONS: FINAL ADMINISTRATIVE DECISION

1511.1 The Final Administrative Decision relating to a corrective, adverse or summary disciplinary action will constitute the University’s final determination on the matter and will be made by the Deciding Official.

1511.2 In making the Final Administrative Decision, the Deciding Official will consider the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action and supporting materials, the employee’s response (if any), and any report of investigation, if applicable.

1511.3 The Final Administrative Decision will be issued within fourteen (14) days of receipt of the employee’s response to the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action.

1511.4 The Deciding Official may:

Sustain the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action;

Reduce the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action;

Remand the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action to the Proposing Official with instructions for further consideration; or

Dismiss the Notice of Proposed Corrective Action, Notice of Proposed Adverse Action, or Notice of Summary Disciplinary Action.

1511.5 The Final Administrative Decision must be in writing, dated, and signed by the Deciding Official, and will:

Provide a concise summary of the action(s) being taken and the effective date of the action(s);

Succinctly enumerate each independent cause for which the corrective or adverse action is being taken;

Set forth a penalty for each enumerated cause;

Demonstrate reasoned consideration of the relevant factors set forth in § 1504.2 for each independent action; and

Articulate the employee’s appeal rights, if any.

1511.6 In addition to the information specified in § 1511.5, each Final Administrative Decision will be accompanied by:

Copies of materials relied upon by the University in rendering its decision;

A notice of the employee’s appeal rights, if any.

1511.7 The Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action will become final upon either the issuance of the Deciding Official’s Final Administrative Decision, or the expiration of the fifteen (15)-day employee response period, whichever is later.

1511.8 The Final Administrative Decision will be served on the employee by electronic mail and by first class mail, postage prepaid, to the employee’s address of record.

1511.9 A copy of the Final Administrative Decision, and all documents it incorporates, will be placed in the employee’s Official Personnel File.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1511

8-B DCMR § 1512 APPEAL RIGHTS

1512.1 An employee who disputes a Final Administrative Decision on a corrective or adverse action under this chapter may seek one (1) of the following remedies:

If the matter is covered by a grievance procedure negotiated between the University and a collective bargaining unit, the employee may elect to pursue a negotiated grievance in accordance with the applicable collective bargaining agreement;

For corrective actions, the employee may elect to pursue an administrative grievance pursuant to the provisions of this chapter within ten (10) days from the issuance date of the Final Administrative Decision;

For adverse actions, the employee may elect to appeal the Final Administrative Decision to the Office of Employee Appeals (OEA) within thirty (30) days of the effective date of the Final Administrative Decision; and

1512.2 An employee may elect only one (1) of the remedies specified in § 1512.1. Whenever a labor organization acts on behalf of the employee, the employee shall be deemed to have made his or her election of remedy, irrespective of whether the employee consented to the election.

1512.3 Neither administrative grievances nor mediation pursuant to the provisions of this chapter nor appeals to OEA shall delay implementation of any Final Administrative Decision under this chapter.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1512

8-B DCMR § 1513 GRIEVANCES

1513.1 An employee may grieve a corrective action to modify, reverse, or dismiss a Final Administrative Decision if:

A provision of this chapter has been violated such that the Final Administrative Decision is arbitrary or capricious; and

The employee has suffered or will suffer harm as a result of that violation, which is neither trivial nor speculative.

1513.2 Notwithstanding § 1512.1, no employee may submit a grievance to a Final Administrative Decision under this chapter if the action is:

Not subject to a grievance or appeal as set forth in this chapter;

Taken to implement the lawful order of a court or other tribunal recognized by law; or

Agreed to by the employee.

1513.3 For purposes of this chapter, an administrative grievance will be initiated with the Grievance Official.

1513.4 Grievances of corrective actions will be submitted to the Grievance Official within ten (10) days of the issuance of the Final Administrative Decision.

1513.5 A grievance will be deemed to have been filed when actually received by the Grievance Official. The burden of establishing the date of receipt will rest with the employee.

1513.6 Grievances may be filed with the Grievance Official by one of the following means:

(a) By first class mail, postage prepaid, to the official’s principal business address;

(b) By electronic mail; or

1513.7 Each grievance must include the following:

(a) The name, e-mail address, and phone number of the employee seeking the relief;

(b) The name, e-mail address, phone number, and mailing address of the employee’s immediate supervisor;

(d) A concise written statement of facts, including dates, that establishes why the Final Administrative Decision on the challenged corrective action should be reversed, modified or dismissed;

(1) The statement may include as supporting evidence written statements of witnesses, affidavits, or documents or any other form or depiction of information.

(2) The statement should include all information the employee deems relevant to the grievance, including information of which the employee has knowledge or reasonably should have knowledge.

(e) The relief sought by the employee.

1513.8 Upon receipt, the Grievance Official will make a preliminary determination as to whether the grievance meets the criteria set forth in § 1513.7 above.

1513.9 The Grievance Official will make arrangement to interview the grievant and to review the record. Within twenty (20) working days of receipt of the grievance, the Grievance Official will issue a grievance decision and report based upon the totality of the facts that sustains, modifies or reverses the Final Administrative Decision.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1513

8-B DCMR § 1514 MEDIATION

1514.1 A grievant may request mediation of their challenge to their corrective action, in writing, when presenting their grievance to the Grievance Official.

1514.2 The Grievance Official will forward the request for mediation to the Vice President for Human Resources who will designate an individual to serve as the mediator. The mediator will either be an attorney licensed to practice law in the District of Columbia or an individual trained in conducting mediation.

1514.3 The mediator will schedule the mediation and conduct the mediation proceedings in such a manner as to ensure a fair and equitable result. However, the mediation process must be concluded within thirty (30) days from the date the mediator was designated by the Vice President for Human Resources

1514.4 If an amicable resolution of the grievance is reached through mediation, the terms of the resolution will be reduced to writing and signed by all parties, including the mediator. The written resolution will be binding on all parties and is not subject to review by any administrative body, court, or other tribunal.

1514.5 If the parties are unable to resolve the grievance through the mediation process, the grievance will be returned to the Grievance Officer to resume the grievance review. Grievances will be returned to the Grievance Officer by the mediator on either the date the mediator determines that no resolution can be reached or thirty (30) days from the date the mediator was designated by the Vice President for Human Resources, whichever is earlier.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1514

8-B DCMR § 1515 RESERVED

8-B DCMR § 1516 RESERVED

8-B DCMR § 1517 RESERVED

8-B DCMR § 1518 RESERVED

8-B DCMR § 1519 RESERVED

8-B DCMR § 1520 [REPEALED].

History

SOURCE: UDC Rules §§ 904, 1402, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 28 DCR 4387 (October 9, 1981); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1520

8-B DCMR § 1521 [REPEALED].

History

SOURCE: UDC Rules §§ 905.1, 1402, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1521

8-B DCMR § 1522 [REPEALED].

History

SOURCE: UDC Rules §§ 905.1, 905.2, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1522

8-B DCMR § 1523 [REPEALED].

History

SOURCE: UDC Rules § 905.2, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1523

8-B DCMR § 1524 [REPEALED].

History

SOURCE: UDC Rules § 905.2, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1524

8-B DCMR § 1525 [REPEALED].

History

SOURCE: UDC Rules § 905.2, as published at 27 DCR 1657 (April 25, 1980); as amended by Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1525

8-B DCMR § 1599 DEFINITIONS

1599.1 As used in this chapter the following meanings apply:

Adverse action – a suspension of ten (10) work days or more, or demotion, or a termination.

Cause – a reason that is neither arbitrary nor capricious, such as misconduct or performance deficits, that warrants administrative action, including corrective and adverse actions. The classes of conduct and performance deficits outlined in § 1503 of this chapter constitute cause for corrective and adverse actions.

Conduct – the act, manner or process taken by an employee to carry out duties and responsibilities. This can include the failure to act when required to do so.

Corrective action – a written reprimand or a suspension of less than ten (10) workdays.

Days – calendar days unless otherwise specified.

Deciding Official – an employee’s 2nd level manager, or a management official within the employee’s chain of command who is designated by the Vice President for Human Resources, who issues a final decision on the proposed corrective action, proposed adverse action, or notice of summary disciplinary action.

Disciplinary action – a corrective or adverse action taken for cause to address an employee’s conduct or performance deficiencies.

Final Administrative Decision – a decision rendered by the Deciding Official on a proposed corrective or adverse action or on a summary disciplinary action.

Grievance Official — the Cabinet member to whom the Deciding Official reports, except if the Cabinet member is the Deciding Official, in which case the Grievance Official is the President..

Progressive Discipline Model – refers to the incremental steps to correct either misconduct or systemic performance deficits. Typically, the process may include verbal counseling, corrective action (to include written reprimands and suspensions of less than 10 days) and adverse action (suspensions of ten (10) days or more, demotions and terminations).

Proposing Official – an employee’s immediate supervisor, or a management official in the employee’s chain of command who is designated by the Vice President for Human Resources, who issues a written Notice of Proposed Corrective Action, Notice of Proposed Adverse Action or Notice of Summary Disciplinary Action.

Demotion – an involuntary adverse action that changes an employee to a lower grade level, typically with lower pay.

Removal or Termination – the involuntary separation of an employee from University service.

Supervisor – an individual who supervises another employee or his or her activities.

Summary disciplinary action – an action taken to immediately suspend or separate an employee pursuant to § 1510.

Suspension – the temporary placing of an employee in a non-duty, non-pay status.

Written Reprimand – a written, official censure of an employee that is placed in the employee’s Official Personnel Folder.

History

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1599

8-B16 GRIEVANCES

8-B DCMR § 1600 GENERAL PROVISIONS: APPLICABILITY

1600.1 The informal presentation by employees of concerns and grievances is encouraged and shall be reasonably accommodated by management. The provisions of this chapter set forth formal grievance procedures that shall be used by University employees (except those excluded below) to seek resolution of conflict, the prompt and equitable relief of personal concerns and the redress of grievances.

1600.2 This chapter shall apply only to non-bargaining unit employees.

1600.3 The grievance procedures set forth in this chapter shall not apply to the following employees:

A bargaining unit employee subject to a negotiated grievance process;

A probationary employee seeking to challenge his/her termination during probation;

A temporary employee or an employee with a time-limited appointment seeking to challenge the termination of that appointment.

The grievance procedures set forth in this chapter shall not apply to:

Applicants for employment; or

Former employees.

1600.5 A grievance may consist of a complaint of dissatisfaction or dispute concerning the following:

The interpretation or application of University policies or procedures;

(b) A claimed violation, misrepresentation, or misapplication of University rules or applicable law; or

(c) A failure to act pursuant to the policies and practices of the University or other applicable policies and practices.

1600.6 The following matters are not subject to this grievance procedure:

Any action implemented to comply with a decision by the Office of Employee Appeals, an arbitrator of competent jurisdiction, the Office of the Inspector General, the Executive Office of the Mayor, the Office of Human Rights, the Commission on Human Rights, a court of competent jurisdiction, or any other agency authorized by law to mandate a particular action;

Any action terminating an employee’s temporary promotion that returns the employee to the position from which the employee was temporarily promoted or to a different position that is not at a lower grade or level than the position from which the employee was temporarily promoted;

Expiration of an appointment with a specific time limit;

Forfeiture of position due to failure to maintain bona fide District residency, or to meet the residency or domicile requirements;

Termination or discipline of an employee serving a probationary period;

The return or assignment to the position from which promoted or to an equivalent position of an employee who does not successfully complete a supervisory probationary period;

Termination of a term promotion upon completion or termination of an assigned project, and the return of the employee to the position from which promoted or to a different position of equivalent grade and pay;

An action reassigning an employee to a different position that is not at a lower grade;

Termination or discipline prior to the expiration of a temporary appointment;

An appeal from a disciplinary action or adverse action under the provisions of Chapter 15 of this subtitle;

Voluntary action initiated by, or at the request of, an employee;

Reduction of an employee’s rate of pay from an erroneous rate;

An allegation of unlawful discrimination, or any other matter within the jurisdiction of the Office of Human Rights;

An allegation of an unfair labor practice, or any other matter required to be decided by the Public Employee Relations Board;

A final University decision which, pursuant to the D.C. Official Code Section 1-606.03(a), may be appealed to the Office of Employee Appeals;

A grievance that could be submitted through the grievance procedures contained in a collective bargaining agreement;

Non-selection for any competitive or non-competitive appointment or promotion from a group of candidates who were properly qualified, ranked or certified;

Performance evaluations conducted under the provisions of Chapter 19 of Title 8-B DCMR;

The application or coverage of the Fair Labor Standards Act;

A prior grievance dismissed with prejudice;

Non-adoption of a suggestion;

Disapproval of a quality salary increase, performance award or other kind of honorary or discretionary award;

Any matter which is not subject to the jurisdiction of the Board of Trustees; and/or

The substantive content of any resolution, policy or procedure of the Board of Trustees.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1600

8-B DCMR § 1601 GENERAL PROVISIONS

1601.1 An employee shall first attempt to resolve a grievance informally through discussions with his or her supervisor. If the grievance is not resolved satisfactorily through informal discussion, the employee may pursue the grievance formally, beginning with the procedures set forth in §1604.

1601.2 An employee shall not knowingly make false or unfounded charges when presenting a grievance.

1601.3 An employee filing a grievance under this chapter shall present the grievance within fifteen (15) days after the date that he or she knew or should have known of the act or occurrence that is the subject of the grievance.

1601.4 Each grievant and/or witness will be free from restraint, coercion, interference, discrimination, or reprisal for the act of filing or supporting a grievance.

1601.5 The timeframes set forth in this chapter may be extended by mutual consent of the parties involved.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1601

8-B DCMR § 1602 RIGHTS OF EMPLOYEES

1602.1 An employee shall have the right to be accompanied by a person of his or her choosing at any stage in the consideration of a grievance. If the employee chooses to be represented by an attorney, notice shall be provided to the supervisor or Cabinet member as applicable, forty-eight (48) hours before the grievance is heard. In such case, the supervisor or Cabinet member may have an attorney present.

1602.2 An employee submitting a grievance under the provisions of this chapter may be granted a reasonable amount of official time for the preparation and/or presentation of the grievance. If questions arise, the Vice President for Talent Management will determine what constitutes a reasonable amount of time.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1602

8-B DCMR § 1603 RESPONSIBILITIES OF SUPERVISORS

1603.1 An employee's supervisor shall be responsible for making a sincere effort to resolve the grievance presented by the employee.

1603.2 During an interview with the employee, the supervisor will note the employee’s specific allegations, the facts supporting those assertions, and the relief being sought by the employee and determine whether a legitimate grievance has been presented based upon §§1600 and 1601.

1603.3 Each supervisor shall use sound judgment, keep superiors informed of the status of each grievance, and as necessary, request guidance from Talent Management.

1603.4 A grievance shall be given full, impartial, and prompt consideration, and (except in unusual circumstances) a decision shall be rendered by the supervisor on a grievance within ten (10) days after receipt of the grievance.

1603.5 If a supervisor hearing a grievance has reason to believe that the employee is knowingly making false and damaging statements, the supervisor should advise the employee that if those charges are found to be intentionally false and damaging, the employee may be subject to disciplinary action up to and including termination.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1603

8-B DCMR § 1604 FORMAL GRIEVANCE PROCEDURE: STEP 1

1604.1 To begin formal grievance procedures at Step 1, the employee shall present the grievance in writing to his or her immediate supervisor within fifteen (15) days of the act, violation, or occurrence, or within 15 days of the date the employee became aware of the act, violation, or occurrence.

1604.2 The formal grievance will be referred to as a “Statement of the Grievance”. The Statement of the Grievance shall contain enough detail to clearly identify the basis for the grievance, the facts supporting the grievance, and the specific relief requested.

1604.3 Within five (5) days of receipt of the Statement of the Grievance, the supervisor shall do one of the following:

Acknowledge receipt of the grievance and begin processing;

Deny the grievance as being a matter not subject to review;

Deny the grievance as being untimely; or

Request the employee to supply additional information or inform the employee that additional information will be gathered. The parties may agree to extend timeframes to permit the gathering of such additional information.

1604.4 The supervisor shall conduct an interview and discussion with the employee and advise the employee in writing of his or her decision within ten (10) days following receipt of the Statement of the Grievance, unless additional information is required and the parties have agreed to extend timeframes.

1604.5 If the supervisor does not grant the relief sought by the employee, or lacks authority to grant the relief sought, the supervisor shall advise the employee in writing, stating the basis for the decision and inform the employee of his or her right to appeal the grievance to the Step 2 level within five (5) days from the date of receipt of the notification.

1604.6 If the employee does not receive a written answer to the Statement of the Grievance within ten (10) days following receipt of the Statement of the Grievance (and the parties have not agreed upon an extension of time), or the employee disagrees with the supervisor’s decision, the employee shall have the right to appeal the grievance to Step 2.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1604

8-B DCMR § 1605 FORMAL GRIEVANCE PROCEDURE: STEP 2

1605.1 If a grievance is not resolved under §1604, it shall be presented by the employee to the employee's second level supervisor in the chain of command within five (5) days after receipt of the supervisor’s decision or the expiration of the required period for a decision to be made in Step 1.

1605.2 The Step 1 grievance appeal shall be in writing, shall contain the materials presented at Step 1 and enough details to clearly identify the basis for the appeal, and the relief sought by the employee. No new allegations may be added to the Step 2 grievance.

1605.3 The second level supervisor shall review the grievance materials and advise the employee in writing of his or her decision within ten (10) days of receipt of the Step 1 grievance appeal or advise the employee of the need for additional information. The parties may agree to extend timeframes to permit the gathering of such additional information.

1605.4 If the second level supervisor does not grant the relief sought by the employee, or lacks authority to grant the relief sought, the second level supervisor shall advise the employee in writing, stating the basis for the decision and inform the employee of his or her right to appeal the grievance to the Step 3 level within five (5) days from date of receipt of the Step 2 decision.

1605.5 If the employee does not receive a written answer within ten (10) days following the second level supervisor’s receipt of the Step 2 appeal (and the parties have not agreed upon an extension of time), or if the employee disagrees with the second level supervisor’s decision, the employee shall have the right to appeal the grievance to Step 3.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1605

8-B DCMR § 1606 FORMAL GRIEVANCE PROCEDURE: STEP 3

1606.1 Within five (5) days of receipt of the Step 2 decision or the expiration of the required period for a decision to be made, the grievant may appeal the action to the appropriate Cabinet member (the official within the employee’s chain of command or a Cabinet member designated by the President).

1606.2 The Step 2 grievance appeal shall be in writing, shall contain the materials presented at Step 2 and enough details to clearly identify the basis for the appeal, and the relief sought by the employee. No new allegations may be added to the Step 3 grievance.

1606.3 The appropriate Cabinet member shall review the grievance materials and advise the employee in writing of his or her decision within ten (10) days from receipt of the Step 2 appeal or advise the employee of the need for additional information. The parties may agree to extend timeframes to permit the gathering of such additional information.

1606.4 If the appropriate Cabinet member does not grant the relief sought by the employee, or lacks authority to grant the relief sought, the appropriate Cabinet member shall advise the employee in writing, stating the basis for the decision and inform the employee of his or her right to appeal the grievance to the Step 4 level within five (5) days from the date of receipt of the Step 3 decision.

1606.5 If the employee does not receive a written answer within ten (10) days following receipt of the Step 3 appeal (and the parties have not agreed upon an extension of time), or if the employee disagrees with the appropriate Cabinet member’s decision, the employee shall have the right to appeal the grievance to Step 4.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1606

8-B DCMR § 1607 FORMAL GRIEVANCE PROCEDURE: STEP 4 – FINAL APPEAL TO THE PRESIDENT

1607.1 Within ten (10) days of the Step 3 decision or the expiration of the required period for a decision to be made, the grievant may appeal the action to the President.

1607.4 The decision of the President shall be final.

History

SOURCE: Final Rulemaking published at 35 DCR 7764 (October 28, 1988); as amended by 35 DCR 7771 (October 1988); as amended by Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1607

8-B DCMR § 1608 EMPLOYEES REPORTING TO THE PRESIDENT OR A CABINET MEMBER

1608.1 In all instances where the President is the first or second line supervisor, the employee's appeal rights shall terminate with the President, whose decision shall be final.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1608

8-B DCMR § 1609 DISMISSAL OF GRIEVANCE

1609.1 An employee may request a dismissal of the grievance at any time.

1609.2 A supervisor or second level supervisor may dismiss a grievance if the employee fails to carry out his or her responsibilities; fails to participate; separates from the University; or otherwise impedes the grievance process under this chapter.

1609.3 A dismissal requested by an employee or issued pursuant to this section following the issuance of a Step 2 grievance shall be final.

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1609

8-B DCMR § 1610 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1610

8-B DCMR § 1611 RESERVED

8-B DCMR § 1612 RESERVED

8-B DCMR § 1613 RESERVED

8-B DCMR § 1614 RESERVED

8-B DCMR § 1615 RESERVED

8-B DCMR § 1616 RESERVED

8-B DCMR § 1617 RESERVED

8-B DCMR § 1618 RESERVED

8-B DCMR § 1619 RESERVED

8-B DCMR § 1620 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1620

8-B DCMR § 1621 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1621

8-B DCMR § 1622 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1622

8-B DCMR § 1623 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1623

8-B DCMR § 1624 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1624

8-B DCMR § 1699 [DELETED]

History

SOURCE: Final Rulemaking published at 67 DCR 4904 (May 8, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1699

8-B17 SPONSORED PROGRAM PERSONNEL

8-B DCMR § 1700 GENERAL PROVISIONS

1700.1 Sponsored program personnel shall include the following:

(a) Employees in non-appropriated budget positions; and

(b) All grant and contract appointments.

1700.2 Sponsored program personnel shall be subject to University policies, including the provisions of this subtitle, except as follows:

(a) When employment terms and conditions are specifically stipulated otherwise in a sponsored grant contract; or

(b) When the applicability of this subtitle to sponsored program personnel is specifically modified or excluded under the provision of this chapter.

1700.3 All sponsored program personnel appointments shall be subject to the duration and terms of the grant or contract.

1700.4 Sponsored program personnel shall not be considered permanent employees of the University.

1700.5 The employment of sponsored program personnel shall be based on the availability of funds as set forth in the grant or contract between either a private or public agency and the University.

1700.6 The employment commitment of sponsored program personnel, where applicable, shall be for the aggregate number of months of the life of the applicable contract.

1700.7 The University shall have no automatic responsibility for employment beyond the expiration date of the sponsored program contract under which an employee is hired.

1700.8 In instances where an approved joint appointment by the University is made under which an employee serves both as a member of the faculty and as a member or director of a grant or contract project, the notice of appointment shall state the specific conditions of the appointment in accordance with the provisions of this chapter.

8-B DCMR § 1701 EMPLOYEES ON EDUCATIONAL LEAVE OR SABBATICAL

1701.1 Persons on sabbatical or educational leave may receive additional compensation for services rendered under sponsored programs if the compensation does not exceed the normal pay the individual would have received if he or she were under a regular appointment during the period of leave.

1701.2 Nothing in this section shall be construed to require the University to provide leave pay in excess of the established rates under the provisions of this subtitle.

1701.3 Nothing in this section shall be construed to require the University to provide salary or other benefits out of grant funds which would violate the terms and conditions of the grant.

8-B DCMR § 1702 TERMINATION DUE TO FUNDING OR PROGRAM CHANGES

1702.1 In instances where a sponsored program grant funded for a given year with a specific number of personnel positions is refunded for a subsequent year with a reduced number of personnel positions, the reduction-in-force shall be based on program needs.

1702.2 Employees terminated because of program changes or funding shall not be permitted appeal under the University's adverse action policy or the grievance procedure.

8-B DCMR § 1703 TERMINATION FOR CAUSE

1703.1 Each person in a sponsored program position shall be employed based on the assumption that the qualifications attested to by his or her educational level, references, and appropriate work experiences will enable that employee to carry out the functions and responsibilities of the position.

1703.2 If the evaluation of a sponsored program employee by the immediate supervisor indicates that the person cannot perform the services called for by the contract, the employee shall be informed in writing by the immediate supervisor of the performance deficiencies. An employee shall have thirty (30) days to improve the quality of his or her performance.

1703.3 If the supervisor determines that insufficient improvement is shown by the end of the thirty (30) day period, the employee may be removed from the position. A recommendation for dismissal shall be made by the program director to the appropriate vice president for approval.

1703.4 The employee shall be entitled to an administrative review of a dismissal decision by the President, or a designee, and may offer evidence in his or her defense.

8-B DCMR § 1704 LEAVE AND BENEFITS

1704.1 Benefits budgeted in sponsored grants or contracts for personal services shall be the basis for employee benefits in all contractual relationships with sponsored program personnel, in accordance with the provisions of this section.

1704.2 A sponsored program employee shall be entitled to the number of vacation leave days designated in the contract under which he or she is employed. Vacation leave shall be taken at a time mutually agreed to by the employee and the project director.

1704.3 Vacation leave shall not be cumulative beyond the period established by the employment dates set forth in a sponsored program employee's contract, and no compensation shall be provided for any unused leave.

1704.4 Other annual leave privileges shall be provided in accordance with the terms and conditions of the sponsored program contract.

1704.5 Each Sponsored program employee shall be entitled to earn at least one (1) day of sick leave per month.

1704.6 Sick leave may be carried over from month to month to be used as needed. However, any accumulated sick leave that remains unused at the end of the grant or contract funding period may not be carried over for use in a subsequent funding year.

1704.7 Sponsored program personnel shall be eligible to participate in the retirement system used by the University if funds are included for retirement benefits in the applicable contract.

8-B DCMR § 1705 REDUCTION-IN-FORCE: SPONSORED PROGRAM EMPLOYEES

1705.1 The provisions of this section shall apply to sponsored program personnel in addition to the provisions of chapter 11 covering reduction-in-force.

1705.2 The calculation of creditable service shall include time when the employee's appointment was on grant funding (or other sponsored projects) as well as time employed using appropriated funds.

1705.3 For purposes of reduction-in-force, the funding source of a position at the time of the reduction-in-force shall be a controlling factor, as follows:

(a) An employee in a grant-funded position shall not be eligible to replace an employee in a position supported by appropriated funds regardless of that employee's length of service; and

(b) An employee in a position supported by appropriated funds shall not be eligible to replace an employee in a grant-funded position regardless of that employee's length of service.

8-B18 REDUCTION IN FORCE

8-B DCMR § 1800 REDUCTION IN FORCE: GENERAL PROVISIONS

1800.1 The provisions of this chapter shall apply to all employees of the University in the Educational Service, except as provided otherwise in this section.

1800.2 This chapter does not cover employees of the University in the Career Service or the Excepted Service.

1800.3 To the extent that specific provisions of this chapter are inconsistent with the provisions of a collective bargaining agreement currently in force between the University and employees who would otherwise be covered by the provisions of this chapter, those specific, inconsistent provisions of this chapter shall be superseded by the applicable provisions of the collective bargaining agreement and shall not apply to employees covered by the collective bargaining agreement.

1800.4 The need to apply reduction in force procedures when a determination is made that there is a surplus of employees shall not suspend the University's authority and responsibility to discipline, remove, demote, or reassign any employees under any other chapter of this title. These actions may be taken before, during, or after a reduction in force .

1800.5 The provisions of this chapter shall be applied when releasing a competing employee from his or her competitive level by separation, furlough, or reassignment requiring displacement under a reduction in force.

1800.6 A reduction in force using the procedures set forth in this chapter shall be conducted when the President determines that one (1) or more positions will be abolished due to any of the following reasons:

(a) Lack of work;

(b) Shortage of funds;

(d) Reduction or elimination of duties or programs; or

(e) The exercise of restoration rights as provided in Title 38, U.S. Code §§2021, et seq.

1800.7 The reduction in force procedures set forth in this chapter shall not apply to any of the following:

(a) The termination of a temporary promotion;

(b) The return of an employee to the position from which the employee was promoted on a temporary or term basis ;

(c) Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted;

(e) Termination of a term appointment on its expiration date;

(f) Termination of a contract appointment in accordance with the terms of the appointment;

(g) Termination of a temporary appointment;

(h) Reduction in grade or pay as a result of a position classification action affecting the employee's position;

(i) Demotion as a result of change in classification standards or error in the application of either of the following:

(1) Classification or qualification standards; or

(2) Time-in-grade requirements for promotion;

(j) The separation of an employee or a change in an employee's position, rank, grade, or pay as a result of an adverse action; or

(k) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

1800.8 The inclusion of probationary, temporary, or intermittent employees in tenure groups or for other purposes under this chapter related to reduction in force retention procedures shall not be deemed to establish or attribute any rights or entitlements, substantive or procedural, to any employee that is not otherwise specifically established under law or regulation.

8-B DCMR § 1801 REDUCTION IN FORCE: ALTERNATIVE ACTIONS

1801.1 The President and each vice president, dean, department chair, and director shall be responsible for planning work and organizing the work force within his or her area of supervision to accomplish the work program within available resources.

1801.2 The President may determine that any one (1) or more the following alternative actions will be taken prior to implementing a reduction in force when that action is in the best interests of the University and is consistent with the goals or reasons for a proposed reduction in force:

(a) Job sharing or reduced working hours, in accordance with the provisions of §1801.3;

(b) Reassignment of qualified employees who are employed in positions that are to be eliminated under a reduction in force to vacant positions in any work unit which have been determined to be essential to the continued operation of the University;

(c) Filling vacancies with temporary employees to perform essential work, or contracting out essential work, until the reduction in force occurs;

(d) Freezing vacancies when reductions in funds are anticipated;

(e) Furloughing employees when temporary reductions in expenditures are required; or

(f) Other actions that will reduce the need for a reduction in force that are consistent with the best interests of the University.

1801.3 An employee may be assigned to share a position (Job sharing, as defined in §1899) or may be assigned to fill a position with reduced working hours (as defined in §1899) if the following conditions are met:

(a) The employee is not serving under an appointment with a specific time limitation; and

(b) The employee has voluntarily requested the assignment in response to the agency's request for volunteers for job sharing or working reduced working hours in order to preclude conducting, or to minimize the adverse impact of, a reduction in force.

1801.4 The University may, in order to minimize the adverse impact of a reduction in force, offer a released employee a vacant position for which he or she qualifies.

1801.5 An employee under consideration for reassignment may submit additional information or documents related to his or her qualifications for the position to which reassignment is being considered . Additional information provided by the employee shall be verified prior to use in making a reassignment.

8-B DCMR § 1802 AUTHORIZATION OF A REDUCTION IN FORCE

1802.1 If the President determines that a reduction in personnel is required pursuant to §1800.6, the President shall require that a reduction in force plan is prepared for his or her approval prior to the implementation of the reduction in force.

1802.2 The reduction in force plan shall identify the positions to be abolished by position number, title, series, grade, and organizational location, and the reason for abolishing the position.

1802.3 During a reduction in force, the President may increase or decrease the number of positions previously identified for abolishment, or make other changes due to funding changes; the number of transfers, retirements, or other voluntary separations; or other reasons affecting the University.

1802.4 Prior to approving the reduction in force plan , the President shall ensure that no University employee is serving on an unauthorized detail. Any employee serving on an unauthorized detail, or serving on a detail beyond the time period allowed for detail under this title, shall be returned to his or her position of record prior to the approval of the reduction in force.

1802.5 Written approval by the President of the reduction in force plan, including any amendment to the plan, shall constitute the authorization for the University to conduct a reduction in force.

8-B DCMR § 1803 CORRECTIVE ACTIONS

1803.1 If the President, or the President's designee, finds that preparations for a reduction in force are contrary to the provisions of this chapter or would result in violation of employee rights under the law or a collective bargaining agreement, he or she shall require appropriate corrective action . Corrective action shall be implemented prior to the completion of the reduction in force.

1803.2 An action which has been determined by the President, or the President's designee, to be erroneous as a result of procedural error shall be reconstructed and a redetermination made of the appropriate action under the provisions of this chapter.

1803.3 The retroactive reinstatement of a person who was separated by reduction in force under this chapter may only be made on the basis of a finding of a harmful error as determined by the President, or the President's designee. For purposes of this section, the term "harmful error" shall mean an error of such magnitude that in its absence the employee would not have been released from his or her competitive level .

8-B DCMR § 1804 RESERVED

8-B DCMR § 1805 RETENTION STANDING

1805.2 The retention standing of each competing employee shall be determined on the basis of the following:

(a) Tenure of appointment;

(b) Length of creditable service;

(d) Other selection factors set forth in this chapter.

8-B DCMR § 1806 WORK UNITS

1806.1 Employees in a work unit shall not compete with employees in another work unit.

1806.2 Positions funded by a particular grant or specific contract with an outside agency or contractor shall be treated as belonging to a separate work unit.

1806.3 In addition to the separate work units established for grants and specific contracts under §1806.2, the following shall be treated as separate work units for purposes of a reduction in force:

(a) The Office of the President and all administrative units reporting directly to the President;

(b) The Office of the Provost and Vice President for Academic Affairs, including all academic colleges, departments, and other units reporting to the Provost/Vice President ;

(c) The Office of the Vice President for Finance, including all administrative units reporting directly to the Vice President ;

(d) The Office of the Vice President for Administrative Services, including all administrative units reporting directly to the Vice President;

(e) The Office of the Vice President for Student Affairs, including all administrative units reporting directly to the Vice President; and

(f) The Office of the Vice President for Institutional Advancement, including all administrative units reporting directly to the Vice President.

8-B DCMR § 1807 COMPETITIVE LEVELS

1807.1 The President and each vice president shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.

1807.2 Assignment to a competitive level shall be based upon the employee's position of record for which the employee receives pay .

1807.3 A competitive level shall consist of all positions in a work unit with the same title and grade level.

8-B DCMR § 1808 RETENTION REGISTER

1808.1 A retention register shall be established in every reduction in force whenever a competing employee is released from his or her competitive level, even when no separation occurs.

1808.2 A separate retention register shall be prepared for each competitive level.

1808.3 The retention register shall document the final action taken, and effective date of the action, for each employee released from his or her competitive level.

1808.4 Each competitive level shall be identified by the title and grade of the position(s) in the competitive level.

1808.5 The register for each competitive level shall show clearly all positions in the competitive level. Justification shall be placed in the record if positions of the same title and grade are placed in different competitive levels.

1808.6 The retention register shall include the name of each competing employee In, and each competing employee detailed or temporarily promoted from, a competitive level (whether in duty, leave, or furlough status), except employees on military duty with restoration rights and employees currently participating in the Job sharing or reduced working hours program under §1801.3 .

1808.7 The retention register shall include a competing employee in a leave-without-pay status based upon receipt of disability compensation benefits.

1808.8 An employee who has been demoted because of unsatisfactory performance shall compete for retention from the position to which he or she will be demoted.

8-B DCMR § 1809 RETENTION STANDING: TENURE GROUPS

1809.1 The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.

1809.2 Competing employees shall be categorized on a retention register in the groups listed in §1809.4 on the basis of tenure of employment.

1809.3 Within each group, employees shall be listed by service date, beginning with the earliest service date, as specified in §1810.

1809.4 The retention register groups, in descending order of retention standing, shall be tenure groups I through VI, as follows:

(a) Group I - Permanent, full-time employees;

(b) Group II - Permanent, part-time employees ;

(d) Group IV - Temporary, full-time employees and contract employees;

(e) Group V - Temporary, part-time employees;

(f) Group VI - Employees hired on an intermittent basis (W.A.E.).

8-B DCMR § 1810 RETENTION STANDING: LENGTH OF SERVICE

1810.1 Creditable service In determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes. Creditable service shall be determined in accordance with federal law and regulations pertaining to creditability of civilian and military service for Civil Service retirement purposes.

(a) The date of entrance on duty, when there is no previous creditable service; or

(b) The date obtained by subtracting total creditable previous service from the date the employee last entered on duty.

1810.3 The service date for each employee shall be adjusted to withhold credit for non-creditable service.

8-B DCMR § 1811 RETENTION STANDING: VETERANS PREFERENCE

1811.1 Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations.

1811.2 A retired member of a military service shall be considered a preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:

(a) The employee's military retirement is based on disability that either:

(1) Resulted from injury or disease received in the line of duty as a direct result of armed conflict ; or

(2) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§101 and 301 of Title 38, U.S. Code;

(c) The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

1811.3 An employee who would otherwise be considered a preference eligible under conditions in §1811.2 (b) or (c) shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.

1811.4 A preference eligible having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

1811.5 A preference eligible other than as described in §1811.4 shall be credited with four (4) years of additional service.

8-B DCMR § 1812 EFFECTIVE DATE OF RETENTION STANDING

1812.1 The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.

1812.2 When the University discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction in force action in accordance with the employee's true retention standing as of the effective date established under this section.

8-B DCMR § 1813 RECORDS

1813.1 The University shall maintain the current, correct records needed to determine the retention standing of competing employees.

1813.2 The University shall allow inspection of retention registers and related records by the following:

(a) A representative of a labor organization representing the collective bargaining unit in which the employee is a member;

(b) An employee of the University who is affected by the reduction in force (or the employee's representative) ;

(d) The General Counsel or the Corporation Counsel, or his or her designee, representing the District in a case; and

(e) Others who have a legitimate need to review these materials in order to carry out their official duties.

1813.3 All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction-in-force notice, or until any appeal is decided, whichever is later.

8-B DCMR § 1814 RESERVED

8-B DCMR § 1815 RELEASE FROM COMPETITIVE LEVEL

1815.1 A competing employee shall not be released from a competitive level while either of the following is retained in that level:

(a) An employee with a specifically limited temporary appointment; or

(b) An employee with a specifically limited temporary promotion.

1815.4 When one (1) or more but not all employees with the same service dates in the same subgroup must be released from a competitive level, the ties shall be broken as follows:

(a) The employee whose position will be abolished shall be released;

(b) If still tied, the employee who has the least service at the University, regardless of other creditable service, shall be released.

8-B DCMR § 1816 MANDATORY EXCEPTIONS

1816.1 When employees are released from their competitive levels under §1815, the special retention preferences outlined in this section shall be applicable.

1816.4 The retention register shall indicate the reasons for any deviation from the regular order of selection required under this section.

8-B DCMR § 1817 SALARY RETENTION

1817.1 An employee who is placed in a lower grade/level position as a result of a reduction in force shall continue to receive his or her current rate of pay for one (1) year.

8-B DCMR § 1818 NOTICE TO EMPLOYEES

1818.2 A notice shall not be issued less than thirty (30) nor more than ninety (90) days before release, except that the President may authorize an additional ninety (90) days when it is determined that additional time will protect employee rights or avoid administrative hardship.

1818.3 In counting the thirty (30) day minimum notice period, the day the employee receives the notice shall be omitted . A notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next working day.

1818.4 The University shall not retain an employee beyond the end of the notice period.

1818.5 The notice to the employee shall cite the date on which the retention period ends as the effective date of the employee's release from his or her competitive level.

1818.7 An action shall not be taken before the effective date of a notice.

1818.8 An employee shall be entitled to a new written notice of at least thirty (30) full days if a decision is made to take an action more severe than the action specified in the original notice.

1818.9 In order to allow employees an opportunity to find other employment, those employees who are to be released from employment at the University shall be placed on administrative leave with pay for the duration of the notice period. This shall not apply to employees who will be reassigned, retained on a job sharing or reduced work hour basis, or who will otherwise be retained as employees of the University.

8-B DCMR § 1819 CONTENT AND DELIVERY OF REDUCTION IN FORCE NOTICE

1819.1 Each reduction in force notice shall state the following:

(a) The action to be taken and its effective date;

(b) The employee's work unit, competitive level , tenure group, and service date;

(d) The reasons for retaining a lower-standing employee in the same competitive level, if applicable ; and

(e) The employee's appeal rights under §1825, including the time limit for appeal and the office to which an appeal should be sent.

1819.2 An additional statement to a reduction in force notice shall contain specific information concerning the employee's right to priority placement consideration . This information shall be given to the employee as soon as a determination is made that the employee will not be retained in his or her position, or placed in a vacant position within his or her competitive area.

1819.4 Notice shall be personally delivered to an employee or sent to the employee's official address of record by certified mail, return receipt requested.

8-B DCMR § 1820 REEMPLOYMENT PRIORITY PROGRAM

1820.1 The University shall establish and maintain a reemployment priority list for each work unit in which it separates employees. The provisions of this section shall not apply to employees in work units established for grants and positions funded by specific contracts.

1820.2 An employee's name shall remain on the reemployment priority list for one (1) year from the date he or she was separated from his or her competitive level.

1820.3 Employees covered under the provisions of this section shall be entered automatically on the list immediately after it has been determined that such employees are to be adversely affected by a reduction in force and not later than issuance of a specific notice of reduction in force.

1820.4 The employee's name shall be entered on a reemployment priority list for all positions for which he or she is qualified as follows:

(a) At his or her current grade level; And

(b) At any lower grade acceptable to the employee.

1820.5 The University may delete an employee's name from the list when he or she declines a non-temporary position comparable in responsibility and salary to the position from which he or she was separated.

8-B DCMR § 1821 APPOINTMENT FROM AGENCY REEMPLOYMENT PRIORITY LIST

1821.1 When a qualified person is available on the agency reemployment priority list, an Educational Service position shall not be filled by the following:

(a) A new appointment; or

(b) Reemployment of a person not on the agency reemployment priority list.

1821.2 Subsection 1821.1 shall not apply when all qualified persons on the agency reemployment priority list decline or fail to respond to offers of employment.

1821.3 In selecting employees on the agency reemployment priority list from among those adversely affected by reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees' relative standing in their competitive levels . In this regard, a lower standing employee shall not be offered A position if a higher standing employee qualifies for the position, unless the higher standing employee declines the position.

1821.4 The order of priority in selecting from an agency reemployment priority list shall be as follows:

(a) For positions from which separated, offers of employment shall be made according to the displaced employee's relative standing in his or her competitive level. In this regard , a lower standing displaced employee shall not be offered a position if a higher standing displaced employee is on the agency reemployment priority list, unless the higher standing displaced employee declines the position; and

(b) For positions other than from which separated, preference shall be given to an employee in a higher tenure group over an employee in a lower tenure group.

1821.5 The University may appoint a person not on the reemployment priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the University by a person on the list with higher standing than the person appointed.

8-B DCMR § 1822 RESERVED

8-B DCMR § 1823 RESERVED

8-B DCMR § 1824 RESERVED

8-B DCMR § 1825 APPEAL OF REDUCTION IN FORCE ACTIONS

1825.1 An employee who has received notice of release from a classified position through a reduction in force action may file a written request for review with the President.

1825.2 The request for review shall be filed within ten (10) calendar days after the receipt of the reduction in force notice.

1825.3 The request for review shall include the following:

(a) A copy of the notice received by the employee;

(d) A statement of the corrective action or other relief sought.

1825.4 The determination of the need for a reduction in force under §1800.6, including any determination by the President with respect to the elimination of specific positions or other discretionary decisions with respect to the reduction in force, shall not be subject to appeal.

1825.5 The President shall review the reduction in force action for compliance with the provisions of this chapter and issue a written decision to the employee within forty-five (45) calendar days after receipt of the request for review. If a decision has not been issued within this time, the employee may treat the non-response as a denial of the appeal.

1825.6 The filing of a request for review under this section shall not delay the implementation of a reduction in force action. If an employee has been released from his or her position, and the decision of the President grants the relief sought in the appeal, the employee shall be restored to his or her position with back pay and benefits effective on the date of release.

1825.7 The decision of the President shall be the final agency decision on the reduction in force action.

8-B DCMR § 1826 RESERVED

8-B DCMR § 1827 RESERVED

8-B DCMR § 1828 RESERVED

8-B DCMR § 1829 RESERVED

8-B DCMR § 1830 UNIVERSITY-WIDE FURLOUGH

1830.1 The President may conduct a University-wide furlough when the President determines that it is required for budgetary reasons.

1830.2 University-wide furloughs shall not exceed seventy-two (72) hours in a leave year without prior approval by the Board of Trustees.

1830.3 If the President, or the President's designee, finds that the preparation for or implementation of a University-wide furlough is contrary to the provisions of this chapter, the President, or the President's designee, shall require appropriate corrective action.

1830.4 When a University-wide furlough Is directed by the President, he or she shall issue an administrative order or equivalent identifying all of the following:

(a) The reason for the University-wide furlough;

(b) Any exemptions from the University-wide furlough;

(d) The designated pay period(s) in which the University-wide furlough Is to be conducted.

1830.5 Any changes approved by the President following the issuance of an order to conduct a University-wide furlough shall be made by issuing an amendment to the administrative order.

1830.6 An employee shall not be required to work on his or her scheduled furlough date and time.

1830.7 In implementing a furlough, the President shall ensure that the financial impact on faculty and non-faculty personnel Is not disproportionate based solely on differential pay bases or work periods.

8-B DCMR § 1831 SCHEDULING A UNIVERSITY-WIDE FURLOUGH

1831.1 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the competitive area is to be scheduled for the same number of furlough hours.

1831.2 Furlough dates shall be scheduled in full day increments, to the extent that full day increments are available.

1831.3 An employee shall not be furloughed on any date or at any time other than those specified in the notice to the employee.

1831.4 An employee shall be furloughed on each of his or her scheduled furlough dates regardless of any leave request or other reason for absence on the furlough date.

8-B DCMR § 1832 FURLOUGH NOTICES

1832.1 Each employee to be furloughed shall be entitled to written notice at least thirty (30) calendar days before the employee's first furlough date.

1832.2 In counting the thirty (30) day minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next working day.

1832.3 An employee shall be entitled to a new written notice of at least thirty (30) full days if a decision is made to increase the number of scheduled furlough hours.

1832.4 Each furlough notice shall state the following:

(a) The dates and times on which the employee is to be furloughed; and

(b) The place where the employee may review the rules governing University-wide furloughs.

8-B DCMR § 1833 RESERVED

8-B DCMR § 1834 RESERVED

8-B DCMR § 1835 RESERVED

8-B DCMR § 1836 RESERVED

8-B DCMR § 1837 RESERVED

8-B DCMR § 1838 RESERVED

8-B DCMR § 1839 RESERVED

8-B DCMR § 1840 RESERVED

8-B DCMR § 1841 RESERVED

8-B DCMR § 1842 RESERVED

8-B DCMR § 1843 RESERVED

8-B DCMR § 1844 RESERVED

8-B DCMR § 1845 RESERVED

8-B DCMR § 1846 RESERVED

8-B DCMR § 1847 RESERVED

8-B DCMR § 1848 RESERVED

8-B DCMR § 1849 RESERVED

8-B DCMR § 1850 RESERVED

8-B DCMR § 1851 RESERVED

8-B DCMR § 1852 RESERVED

8-B DCMR § 1853 RESERVED

8-B DCMR § 1854 RESERVED

8-B DCMR § 1855 RESERVED

8-B DCMR § 1856 RESERVED

8-B DCMR § 1857 RESERVED

8-B DCMR § 1858 RESERVED

8-B DCMR § 1859 RESERVED

8-B DCMR § 1860 RESERVED

8-B DCMR § 1861 RESERVED

8-B DCMR § 1862 RESERVED

8-B DCMR § 1863 RESERVED

8-B DCMR § 1864 RESERVED

8-B DCMR § 1865 RESERVED

8-B DCMR § 1866 RESERVED

8-B DCMR § 1867 RESERVED

8-B DCMR § 1868 RESERVED

8-B DCMR § 1869 RESERVED

8-B DCMR § 1870 RESERVED

8-B DCMR § 1871 RESERVED

8-B DCMR § 1872 RESERVED

8-B DCMR § 1873 RESERVED

8-B DCMR § 1874 RESERVED

8-B DCMR § 1875 RESERVED

8-B DCMR § 1876 RESERVED

8-B DCMR § 1877 RESERVED

8-B DCMR § 1878 RESERVED

8-B DCMR § 1879 RESERVED

8-B DCMR § 1880 RESERVED

8-B DCMR § 1881 RESERVED

8-B DCMR § 1882 RESERVED

8-B DCMR § 1883 RESERVED

8-B DCMR § 1884 RESERVED

8-B DCMR § 1885 RESERVED

8-B DCMR § 1886 RESERVED

8-B DCMR § 1887 RESERVED

8-B DCMR § 1888 RESERVED

8-B DCMR § 1889 RESERVED

8-B DCMR § 1890 RESERVED

8-B DCMR § 1891 RESERVED

8-B DCMR § 1892 RESERVED

8-B DCMR § 1893 RESERVED

8-B DCMR § 1894 RESERVED

8-B DCMR § 1895 RESERVED

8-B DCMR § 1896 RESERVED

8-B DCMR § 1897 RESERVED

8-B DCMR § 1898 RESERVED

8-B DCMR § 1899 DEFINITIONS

1899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Competitive level - all positions in a work unit with the same grade level and title.

Displaced employee - a former employee who was separated by a reduction in force.

Furlough - the temporary involuntary placement of an employee in a non-duty, non-pay status.

Job sharing - the occupancy of a continuing position , which is budgeted as a full-time position, by two (2) or more employees on a part-time basis continuously during a designated period. This option may be appropriately used when the University determines that the position needs to be filled on a full-time basis in order to avoid disrupting the operation of the University.

Preference eligible - a veteran preference eligible as defined in §2108 of Title 5, U.S. Code, and §1811 of this chapter.

Realignment - an action which affects the internal structure or functions of the University, but which does not constitute a reorganization.

Reduced working hours - the occupancy of a position by one (1) individual on less than a full-time basis and the employee is placed in a non-duty, non-pay status either continuously or discontinuously during a designated period. This option may be appropriately used when the University determines that the position may be filled on a part-time basis temporarily, without unduly interrupting the work program.

Reorganization - an action which results in the transfer of, consolidation of, abolishment of, or authorization with respect to functions and hierarchy, between or among work units, and which affects the structure or structures of the work units.

Retention register - the listing of employees occupying positions in a work unit at a competitive level by tenure group and service date.

Retention standing - the employee's standing on the retention register in relation to other competing employees within his or her competitive level.

Temporary appointment - employment with a specific time limitation of one (1) year or less.

Tenure group - the retention group In which competing employees shall be categorized according to their current type of appointment.

Term appointment - employment with a specific time limitation that exceeds one (1) year.

Transfer of function - the transfer of the performance of a continuing function from one (1) competitive area and its addition to one (1) or more other competitive areas.

8-B19 UNIVERSITY OF THE DISTRICT OF COLUMBIA PERFORMANCE MANAGEMENT PROGRAM

DCMR § 8B-1900 UNIVERSITY OF THE DISTRICT OF COLUMBIA PERFORMANCE MANAGEMENT PROGRAM

1900.1 The purpose of this chapter is to set forth rules for the University’s Performance Management Program.

1900.2 The provisions of this chapter apply to all University employees, except as follows:

Faculty (including Academic Chairs);

Employees serving a probationary period;

Employees serving on temporary, or time-limited appointments; and

The University Administration (President’s Cabinet).

1900.3 Performance Management integrates the processes the University uses to:

Communicate and clarify institutional and individual work goals to employees;

Identify individual, and where applicable, team responsibilities and accountability for accomplishing work unit and institutional goals;

Identify and address developmental needs for individuals and, where applicable, teams;

Provide feedback to employees about performance expectations and work accountability;

Assess and improve individual, team, and institutional performance;

Use appropriate measures of performance as the basis for recognizing and rewarding accomplishments; and

Use the results of the Annual Performance Evaluation as a basis for appropriate personnel actions, including training, promotion, demotion, administrative action, or other types of personnel actions.

1900.4 The Performance Management Program implemented by this chapter will accomplish the following:

Establish work expectations in relation to institutional strategic goals;

Hold supervisors and employees accountable for performance, which will include a direct relationship between the performance evaluations received pursuant to this chapter and the receipt of any periodic salary increases;

Objectively evaluate an employee’s work performance based upon articulated criteria that have been made known to the employee prior to the performance evaluation;

Improve employee performance through developmental plans and continuous employee skill development;

Recognize an employee’s accomplishments and identify an employee’s deficiencies so that appropriate rewards or assistance can be provided; and

Tie employee performance to work unit and University outcomes.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1900

DCMR § 8B-1901 PERFORMANCE APPRAISAL PERIOD

1901.1 The Performance Appraisal Period begins October 1 and ends September 30 of the following year.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1901

DCMR § 8B-1902 PERFORMANCE PLANS

1902.1 A Performance Plan sets forth the performance expectations and development objectives that each employee is expected to accomplish during the Performance Appraisal Period.

1902.2 A Performance Plan includes the following:

Critical Performance Elements (Key Competencies);

S.M.A.R.T. Goals (Specific, Measurable, Attainable, Realistic, and Time Related); and

An Individual Development Plan.

1902.3 Modifications to the Performance Plan generally cannot be made during the final ninety (90) days before the end of the Performance Appraisal Period. However, if such a modification is necessary, the appraisal period can be extended to provide the employee with 90 days to demonstrate satisfactory performance. The employee must be advised of any extension of the appraisal period.

1902.4 Each supervisor must complete a Performance Plan outlining what is expected of each employee, as follows:

Within thirty (30) days of the beginning of each Performance Appraisal Period;

Within thirty (30) days of the effective date of an official detail if the detail is for a period of more than ninety (90) days;

Within thirty (30) days of the effective date of an appointment, reassignment, transfer, promotion or demotion to a new position or to a position with significantly different duties and responsibilities. Provided, however:

(i) If the appointment, reassignment, transfer, promotion or demotion takes effect more than ninety (90) days prior to the end of the Performance Appraisal Period, the new Performance Plan will take effect during the same Performance Appraisal Period;

(ii) If the appointment, reassignment, transfer, promotion or demotion takes effect within ninety (90) days of the end of the Performance Appraisal Period, the new Performance Plan will take effect at the beginning of the next Performance Appraisal Period, unless the performance appraisal period has been extended in accordance with §1902.3.

1902.5 A Performance Plan must be in place for at least ninety (90) days before an employee’s performance is subject to an Annual Performance Evaluation.

1902.6 If an employee is reassigned, transferred, promoted, or demoted within ninety (90) days of the end of a Performance Appraisal Period, the employee’s previous supervisor will perform the Annual Performance Evaluation for the portion of the Performance Appraisal Period during which the employee reported to the supervisor.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1902

DCMR § 8B-1903 CRITICAL PERFORMANCE ELEMENTS

1903.1 Critical Performance Elements identify key competencies or the necessary knowledge, abilities, skills and personal characteristics that must be demonstrated for satisfactory performance. These key competencies are so necessary for successful performance that failure to accomplish a Critical Performance Element will result in an Overall Performance Rating of Unsatisfactory performance.

1903.2 At the beginning of each Performance Appraisal Period, a supervisor will discuss with the employee how each Critical Performance Element relates to the employee’s job.

1903.3 At the end of the Performance Appraisal Period, the supervisor will evaluate the employee’s performance of each Critical Performance Element during the period.

1903.4 There are four (4) Critical Performance Elements applicable to non-supervisory employees:

Job Knowledge – the employee exhibits an understanding and knowledge of their profession and works to improve job knowledge through professional development or other related activities, approved by the supervisor if applicable, that benefit the University and are related to the employee’s job;

Accountability – the employee demonstrates personal responsibility for ensuring the efficient and accurate completion of work assignments;

Customer Service – the employee provides quality service; demonstrates consistent and continual adherence to prescribed University customer service goals/standards and treats all customers in a professional and courteous manner; and

Communication – the employee presents ideas and information verbally and in writing, in a clear, concise, and timely manner.

1903.5 There are four (4) Critical Performance Elements applicable to supervisors:

Leadership – the supervisor creates and nurtures a performance-based culture that supports efforts to realize the University’s missions and accomplish its goals; inspires, motivates and guides others; and partners with others to ensure goals are met.

Strategic Planning and Operational Efficiency – the supervisor contributes to the development, execution, and evaluation of the University’s strategic plan, and displays a keen awareness of and attention to short- and long-term goals, stakeholder interests, and opportunities for work process improvement.

Management of Others – the supervisor identifies potential in others and provides ongoing feedback to improve performance; encourages meaningful career development opportunities for their staff and conducts the full scope of performance management responsibilities to ensure a well-functioning team.

1903.6 Up to two (2) additional non-supervisory Critical Performance Elements may be added for supervisors, if appropriate.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1903

DCMR § 8B-1904 S.M.A.R.T. GOALS

1904.1 S.M.A.R.T. Goals set forth performance expectations, results, expected outcomes, and deliverables with objective standards that are “Specific, Measurable, Attainable, Realistic, and Time-Related.” S.M.A.R.T. Goals are to be established for and accomplished during a Performance Appraisal Period.

1904.2 A Performance Plan includes a S.M.A.R.T. Goal for each Critical Performance Element that sets forth the specific expectations and responsibilities to be accomplished by the employee, with objective standards for measuring the quality, quantity, and/or timeliness of the work.

1904.3 At the beginning of each Performance Appraisal Period, a supervisor will discuss with the employee how each Critical Performance Element and associated S.M.A.R.T. Goal relates to the employee’s position.

1904.4 At the end of the Performance Appraisal Period, the supervisor will evaluate the employee’s performance of each Critical Performance Element as measured against the associated S.M.A.R.T. Goal.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1904

DCMR § 8B-1905 INDIVIDUAL DEVELOPMENT PLAN

1905.1 An individual development plan (IDP) is a tool to assist employees with career and professional development. Its primary purpose is to help employees reach short and long-term career goals. Supervisors will consider how well employees accomplish career and professional development goals when evaluating the Job Knowledge Critical Performance Element.

1905.2 At the beginning of the Performance Appraisal Period, a supervisor will prepare an IDP for each employee, identifying areas for growth and development. The IDP will be prepared in collaboration with the employee.

1905.3 The IDP is designed to encourage continuous learning and development.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1905

DCMR § 8B-1906 PERFORMANCE RATINGS

1906.1 The Overall Performance Rating reflects the evaluation of an employee’s actual performance of Critical Performance Elements, measured against the associated S.M.A.R.T. Goals, during the Performance Appraisal Period.

1906.2 The Overall Performance Rating shall be determined by adding together the numerical scores for each of the S.M.A.R.T. Goals for each Critical Performance Element, divided by the total number of Critical Performance Elements (to derive an average numerical score). If any Critical Performance Element is rated as Unsatisfactory, the overall rating will be Unsatisfactory.

1906.3 The rating levels used to measure an employee’s performance of each S.M.A.R.T. Goal will be as follows:

Exceptional (Yields 3 points)

This is a level of rare, high quality performance. The quality and quantity of the employee’s work substantially surpasses the “Meets Expectations” performance level. The impact of the employee’s work is so significant that organizational objectives are exceeded. The accuracy and thoroughness of the employee’s work is exceptionally reliable and application of technical knowledge and skill goes beyond what is expected for the job. The employee significantly improves the work processes for which he or she is responsible.

Exceeds Expectations (Yields 2 points)

Performance consistently exceeds normal standards in all critical areas for the position. Performance is sustained and uniformly high with thorough and on time results.

Meets Expectations (Yields 1 point)

Performance at this level represents the range of accomplishments that are expected of all employees. The employee remains consistently on target to achieve. Problems are not frequent or significant enough to create serious adverse consequences and are dealt with effectively. The work product is usually accurate and delivered on time.

Unsatisfactory (Yields 0 points)

The quality and quantity of the employee’s work is unsatisfactory. The employee’s work products fall short of requirements for the position. Tasks are not completed with the needed degree of accuracy or thoroughness. Products arrive late and/or often require major revisions because they are incomplete or inaccurate in content.

If any Critical Performance Element is rated as Unsatisfactory, the overall rating will be Unsatisfactory.

N/A or Not Applicable

This employee either does not perform this type of work or there has been insufficient opportunity to observe the employee perform.

1906.4 “Exceptional” and “Unsatisfactory” ratings must be supported by a written justification.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1906

DCMR § 8B-1907 PERFORMANCE –BASED DISCUSSIONS: INITIAL PLANNING DISCUSSION TO DRAFT THE PERFORMANCE PLAN

1907.1 Each supervisor is required to develop a Performance Plan for each employee under their supervision, as outlined in §1902.

1907.2 The supervisor and employee must discuss the Critical Performance Elements set forth in §1903 and how they relate to the employee’s position; develop a S.M.A.R.T. Goal for each Critical Performance Element in accordance with §1904; and prepare an IDP in accordance with §1905.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1907

DCMR § 8B-1908 PERFORMANCE –BASED DISCUSSION: MID-POINT PROGRESS DISCUSSION

1908.1 The Mid-Point Progress Discussion is a formal meeting between a supervisor and employee to discuss the employee’s performance and development, which typically occurs at the midpoint of the Performance Appraisal Period (March 1-March 31).

1908.2 An Annual Performance Evaluation will not be based solely on a Mid-Point Progress Discussion. An employee’s performance during the entire Performance Appraisal Period will be considered to determine the extent to which the employee achieved the S.M.A.R.T. Goal for each Critical Performance Element.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1908

8-B DCMR § 1909 PERFORMANCE-BASED DISCUSSION: ANNUAL PERFORMANCE EVALUATION

1909.1 An Annual Performance Evaluation will be based on an employee’s performance during the entire Performance Appraisal Period to assess the extent to which the employee satisfied each Critical Performance Element as measured against the associated S.M.A.R.T. Goal.

1909.2 In preparation for the Annual Performance Evaluation, each employee must prepare and submit a self-evaluation to his or her supervisor as input into the performance evaluation process.

1909.3 Supervisors will consider employee self-evaluations in addition to other relevant considerations and must prepare the Annual Performance Evaluation within thirty (30) days of the end of the Performance Appraisal Period.

1909.4 Supervisors (who serve as Rating Officials) must prepare a recommended Annual Performance Evaluation (the average numerical score of the individual recommended ratings for each S.M.A.R.T. Goal for each Critical Performance Element) with their manager (Approving Official) before finalizing the Annual Performance Evaluation and communicating it to the employee.

1909.5 The Rating Official discusses the recommended Annual Performance Evaluation with the employee.

1909.6 Should the employee disagree with the Annual Performance Evaluation, the employee may submit a written response within five (5) working days of receipt to the Approving Official for consideration.

1909.7 Within ten (10) working days of receipt of either the recommended Annual Performance Evaluation from the supervisor or receipt of the employee’s written response to the supervisor’s rating, the Approving Official will decide the final rating.

1909.8 A copy of the final written Annual Performance Evaluation will be provided to the employee.

1909.9 After completion of the performance management cycle, each supervisor will submit original signed Annual Performance Evaluations to the University's Office of Human Resources. The Office of Human Resources shall retain ratings for three (3) years.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1909

8-B DCMR § 1910 PERFORMANCE IMPROVEMENT PLAN

1910.1 The purpose of a Performance Improvement Plan (PIP) is to establish clarity, for both the employee and supervisor, about areas of performance that are deficit and in need of improvement. The PIP is a management tool for correcting such performance deficiencies and is not a form of discipline. It is used to monitor and measure deficient work product, processes and/or behaviors as efforts are undertaken to improve performance or modify behavior. The PIP also serves as the basis for further action if deficient performance continues.

1910.2 The PIP will be developed by the employee’s immediate supervisor, and provide concrete, measurable actions and/or steps to be taken for the employee’s performance to improve in specifically identified area(s).

1910.3 At the sole discretion of the supervisor, the PIP may be issued for a 30-, 60-, or 90-day period. A PIP may be extended in thirty (30)-day increments up to a maximum of ninety (90) days.

1910.4 Within fourteen (14) days of the conclusion of the PIP period, and in consultation with the University’s Office of Human Resources, the supervisor will make a written determination as to whether the employee has met the requirements of the PIP. A copy of the supervisor’s decision will be provided to the employee.

1910.5 If the employee receives a rating of “Meets Expectations” at the end of the PIP, no further action is required of the supervisor.

1910.6 An employee who successfully completes a PIP must maintain a rating of “Meets Expectations” throughout the next full Performance Appraisal Period. If the employee’s performance once again falls (at any time during the next Performance Appraisal Period) to a rating of “Unsatisfactory” for a Critical Performance Element and/or S.M.A.R.T. Goal for which a PIP has been previously issued, an adverse action may be initiated without another PIP, pursuant to the provisions of Chapter 15 of this title.

1910.7 If the employee fails to improve their performance deficiencies during the PIP and their performance remains “Unsatisfactory”, the supervisor, in consultation with the Vice President of Human Resources, must propose one of the following actions:

Demotion to a lower graded position with the appropriate reduction in salary if such a position is available; or

(b) Separation from the University.

1910.8 Adverse actions to demote or separate an employee who has failed to perform satisfactorily will be accomplished pursuant to the provisions of Chapter 15 (Progressive Discipline), except for at-will employees.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1910

DCMR § 8B-1999 DEFINITIONS

Annual Performance Evaluation – the average of the numerical scores assigned to each of the S.M.A.R.T. Goals for each of the Critical Performance Elements, which reflects how well an individual employee has accomplished the performance expectations established in the Performance Plan during the review period.

Approving Official – the second or next level of supervisor who reviews and approves the Annual Performance Evaluation, and in case of an employee appeal, decides the final rating.

Critical Performance Element – the key competencies or the necessary knowledge, abilities, skills and personal characteristics that must be demonstrated for satisfactory performance. These key competencies are so necessary for successful performance that failure to accomplish a Critical Performance Element will result in an Overall Performance Rating of Unsatisfactory performance. It is linked to the specific duties performed in a particular work unit but focused on the individual employee. A Critical Performance Element must be performed at least at the “Meets Expectation” level in order for an employee to be retained in the position.

Individual Development Plan (IDP) - is a tool that identifies training and learning activities that will enhance an employee’s knowledge, skill, and abilities to perform current work duties, and can help prepare the employee for future career advancement opportunities. The IDP is used for developmental purposes and is considered as part of the evaluation of the Job Knowledge Critical Performance Element.

Performance Improvement Plan (PIP) - is a performance management tool designed to offer the employee an opportunity to demonstrate improvement in his or her performance.

Performance Management – the systematic process by which the University involves its employees, as individuals and members of a group, to ensure the accomplishment of University mission and goals.

Performance Appraisal Period - is the length of time covering the performance evaluation process, beginning on October 1 and ending on September 30.

Performance Plan – the formalized process of identifying and communicating the organizational, work unit and individual goals expected of the employee. The Performance Plan consists of Critical Performance Elements, S.M.A.R.T. Goals, and an Individual Development Plan.

Rating Official – the supervisor who evaluates employee performance and recommends the Annual Performance Evaluation Rating, which is approved by Approving Official.

Self-evaluation – the employee’s narrative description of accomplishments based on the established performance expectations.

S.M.A.R.T. Goals – the expression of performance expectations that consist of goals that are Specific, Measurable, Attainable, Realistic, and Time Related. A S.M.A.R.T. Goal will set forth the specific expectations and responsibilities to be accomplished by the employee and it includes standards for measuring the quality, quantity, and timeliness of the work performed.

History

SOURCE: Final Rulemaking published at 64 DCR 12724 (December 15, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 1999

8-B21 LEASING OF REAL PROPERTY

8-B DCMR § 2100 ACQUISITION OF REAL PROPERTY BY LEASE

2100.1 The President of the University, subject to Board approval, is authorized to enter into real estate lease agreements with any person, partnership, corporation, or other entity.

2100.2 [REPEALED].

2100.3 The President shall lease or lease-purchase as he or she deems to be in the interest of the University and necessary for the accommodation of University activities.

2100.4 Lease or lease-purchase agreements may pertain to buildings or other improvements which are in existence or are to be constructed by the lessor for such purposes, or to unimproved real property.

2100.5 No lease agreement entered into under this section shall provide for the payment of rental in excess of the limitations prescribed by the Economy Act (40 U.S.C. 278a).

2100.6 To the maximum extent practical, the University will lease space:

(a) When needs cannot be satisfactorily met in University controlled space;

(b) When leasing is deemed to be more advantageous than the construction or alteration of a University owned building;

(c) When construction or alteration is not warranted because requirements in the community are insufficient or are indefinite in scope or duration; or

(d) When completion of a new building within a reasonable time cannot be assured.

2100.7 Acquisition of space by lease will be by negotiation, and on the basis most favorable to the University with due consideration to maintenance and operation efficiency.

2100.8 Acquisition of space by lease will be only at charges consistent with prevailing scales in the community for comparable facilities.

2100.9 Approval of the Board of Trustees shall be required for all leases and lease renewals.

History

SOURCE: Final Rulemaking published at 37 DCR 5091 (August 3, 1990); as amended by Final Rulemaking published at 64 DCR 3803 (April 21, 2017). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 2100

8-B DCMR § 2101 RENTAL OF PROPERTY UNDER UNIVERSITY CONTROL

2101.1 The President of the University, subject to the approval of the Board of Trustees, is authorized and empowered to rent any building or land belonging to the University or under jurisdiction of the President, or any available space therein, whenever such building, land or space is not then required for the purpose for which it was acquired.

History

SOURCE: Final Rulemaking published at 37 DCR 5091 (August 3, 1990). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 2101

8-B22 PROPERTY MANAGEMENT

8-B DCMR § 2200 GENERAL UNIVERSITY POLICY ON PROPERTY MANAGEMENT

2200.1 The provisions of this Chapter are intended to promote and maintain an effective property management system for the University, and to insure the efficient, orderly and uninterrupted operations of the University.

2200.2 These regulations pertain to the management of personal property, during its entire life cycle. These regulations are not applicable to real property.

2200.3 These regulations pertain to the sale, lease, or disposal of surplus property by public auction, competitive sealed bidding, or other appropriate method, provided however, that employees of the University shall be entitled to purchase any surplus property.

2200.4 The Board of Trustees hereby delegates all authority pertaining to University personal property management, to the President of the University.

2200.5 The President shall appoint or designate an "Accountable Property Officer" who shall have the primary responsibility to carry out the provisions of this Chapter.

2200.6 The Accountable Property Officer is hereby designated a contracting officer for the purposes of carrying out the provisions of this Chapter.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2201 PROPERTY MANAGEMENT

2201.1 The University shall develop operating procedures for the accounting of all equipment and other personal property, in keeping with generally accepted accounting practices, and in accordance with the provisions contained in the D.C. Accounting Principles and Standard Manual as amended.

2201.2 Title to all personal property, purchased or acquired by the University, regardless of the source of funds, shall be vested in the Board of Trustees of the University of the District of Columbia.

2201.3 The President shall have the authority to resolve all questions about the accountability of individual items and classes of items of personal property and shall designate the Accountable Property Officer for the University.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2202 INVENTORY MANAGEMENT

2202.1 The Accountable Property Officer shall maintain such control of personal property inventories as will assure the University that the total cost involved will be kept to the minimum in keeping with needs and consistent with the program needs of the institution.

2202.2 The University shall not stock excessive inventories, and shall whenever possible, order items in quantities not to exceed the normal and ordinary consumption, said consumption to be determined by the average of the previous year use levels or actual stated need.

2202.3 If the Accountable Property Officer determines that acquired quantities of short shelf-life materials will not be used within the shelf-life period, they shall be disposed of by sale within their useful shelf-life period.

2202.4 When the quantity of property, including quantities due from procurement, is greater than 10 percent of the total stock of that item, the University shall cancel or curtail any outstanding requisition or procurement, on which award has not been made or shall cancel contracts items, if penalty charges are less then the anticipated lost due to overstocking, or substitute the acquisition for any other item sold by the vendor.

2202.7 The University may exchange through intra-District sale property that the University has determined exceeds its needs or for which the University has an oversupply.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2203 DISPOSITION AND RETIREMENT OF PROPERTY

2203.1 The University shall dispose of personal property whenever the Accountable Property Officer determines that it is in the University's best interest to do so.

2203.2 The University shall dispose of personal property by transferring, auctioning, selling, exchanging or dumping.

2203.3 The Accountable Property Officer shall make a written determination and findings to evidence the decision that disposal of property is in the University's best interest.

2203.4 If for any reason related to the protection of public health or safety any article of personal property or supply should be declared to be unsalable by the Accountable Property Officer, the property shall be safely disposed of.

2203.5 The Accountable Property Officer shall exercise discretion, through written determinations and findings, in selecting the type of procedure to be used in the sale, auction or disposition of surplus personal property, based on the character of the property to be disposed, its value and the best interests of the University, when all factors are considered.

2203.6 The Accountable Property Officer may negotiate the sale of any personal property, upon a written determination and finding, for the fair market value of any personal property.

2203.7 The Accountable Property Officer may provide University personal property for trade-in on the purchase of any supplies or personal property.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2204 PERSONAL PROPERTY ACQUIRED UNDER LEASE CONTRACTS

2204.1 The University shall enter into lease agreements and arrangements for personal property when advantageous to the institution.

2204.3 The University may enter into lease purchase agreements for personal property.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2205 DONATION OF PERSONAL PROPERTY

2205.1 If the Accountable Property Officer determines that it is in the best interests of the University to dispose of excess inventory or other personal property by donating said property to nonprofit tax-exempt organizations, the donation shall be made in accordance with this section.

2205.2 The receiving organization must hold the University harmless and indemnify the University for any injury or damage resulting from the materials received.

2205.3 No expressed or implied warranties shall be associated with any personal property disposed of by the University through donation.

2205.4 Any cost incurred for transportation or any other incidental cost associated with the donation, shall be the responsibility of the recipient.

2205.5 The University shall not hold, store or provide safekeeping for any item donated.

2205.6 Drugs, biological materials, medical materials and supplies, pesticides, herbicides and hazardous materials of any kind, shall not be disposed of by donation.

2205.7 Motor Vehicles shall be sold at public auction for the highest bid price or by negotiation for fair market value (or such other value as is certified by the Accountable Property Officer to be the best available price), provided however, that a lower sale price may be negotiated when the purchaser is a non-profit tax exempt organization.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2206 COOPERATIVE PURCHASING OR DISPOSAL AGREEMENTS

2206.1 The Accountable Property Officer is authorized to have the University participate in, sponsor, conduct, or administer cooperative personal property purchasing or disposal agreements with any consortium of schools, universities, federal, state, county, court or municipal jurisdiction, for the purposes of procuring or disposing of personal property.

2206.2 Cooperative agreements shall be consistent with all applicable laws, statues, rules and regulations, covering procurement by the University.

2206.3 Cooperative agreements for a multi-year period shall be authorized by the Accountable Property Officer when such agreements are determined to be in the best interests of the University.

2206.4 Intra-District property transfer agreements through which purchase credits are provided to the University shall be authorized.

2206.5 If the Accountable Property Officer has determined that it is in the best interest of the University, items shall be procured and supplied to the University through acquisition through the Federal General Services Administration, from such activities as FEDSTRIP or MILSTRIP.

2206.6 The Accountable Property Officer may enter into long term scrap or recycling agreements and contracts.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2207 FEDERAL SURPLUS PROPERTY PROGRAM

2207.1 The Accountable Property Officer shall issue such operating instructions as are needed to comply with the provisions of The Federal Property and Administrative Services Act of 1949, Public Law 152, as Amended.

2207.2 The Accountable Property Officer shall comply with all requirements governing the eligibility of the University, as a recipient, Under the provisions of the Federal Property and Administrative Services Act of 1949, Public Law 152, as Amended.

2207.3 The Accountable Property Officer shall be the Certifying Officer, for any property transferred to the University, under the provisions of The Federal Property and Administrative Services Act of 1949, Public Law 152, as Amended.

2207.4 The provisions of any rules, regulations or procedures, issued pursuant to The Federal Property and Administrative Services Act of 1949, Public Law 152, as Amended, by any Federal or District Agency are hereby incorporated by reference and made an integral part of these regulations.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B DCMR § 2299 DEFINITIONS

2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed herein:

Accountable Property Officer - An employee vested by the President of the University with the authority and responsibility for maintaining and accounting for University personal property and with the authority to maintain records in connection therewith, irrespective of whether the property is under their direct use or storage.

Personal property - Property of any kind to include any supplies except real property, money, financial instruments or negotiable securities.

History

SOURCE: Final Rulemaking published at 38 DCR 1680 (March 15, 1991).

8-B30 UNIVERSITY PROCUREMENT RULES

8-B DCMR § 3000 PURPOSE AND APPLICATION

3000.1 The University of the District of Columbia Procurement Rules (the “Rules”) issued by the Board of Trustees of the University of the District of Columbia (the “Board”) establish policies relating to the procurement, management, control and disposal of supplies, services and construction at the University System of the District of Columbia.

3000.2 The President of the University of the District of Columbia (the “President”) is vested with the authority to administer these Rules.

3000.3 This chapter applies only to contracts solicited or entered into after the effective date of these Regulations, unless the parties agree to its application to a contract solicited or entered into prior to the effective date.

3000.4 Any contract totaling two hundred fifty thousand dollars ($250,000) or more shall be approved by the President before it shall be effective.

3000.5 Where any statute or regulations is referred to in this chapter, the reference shall be the most recent version and any amendments or revisions to the statute or regulation.

3000.6 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though the provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

3000.7 Nothing in these Rules shall be construed as limiting the ability of the University to establish procurement procedures and methods involving paperless and/or electronic procurement so long as such procurement is conducted in accordance with these Rules.

3000.8 The University shall follow the Procurement Practices Reform Act of 2010, as heretofore and hereafter amended (“PPRA”), except as amended, modified and supplemented by these Rules, in the conduct of its procurement activities.

3000.9 References in the PPRA to the District’s Procurement website shall be construed to refer to a procurement website maintained by the University, to publicize University procurement activities.

3000.10 In lieu of the Contract Appeals Board described in PPRA Title X, the University when considering protests, disputes, appeals, debarment and suspension decisions made by the CCO, shall have a Contracts Review Committee in accordance with Section 3063 of these Rules. Decisions of the Contracts Review Committee may be appealed as described in these Rules.

3000.11 In lieu of PPRA Section 1008 pertaining to Protest procedures, the University shall follow the provisions of Section 3066 of these Rules.

3000.12 The PPRA shall be construed and applied to give effect to the roles and responsibilities of the University’s Office of Strategic Sourcing and Procurement and Chief Contracting Officer as provided for in these Rules.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010); as amended by Final Rulemaking published at 67 DCR 2605 (March 6, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 3000

8-B DCMR § 3001 AUTHORITY AND RESPONSIBILITY OF THE OFFICE OF THE

CHIEF CONTRACTING OFFICER

3001.1 The President shall exercise the procurement authority of the Board in accordance with these rules. The President shall appoint a Chief Contracting Officer (“CCO”).

3001.2 The CCO, under the supervision of the President or the President’s designee, shall serve as the University’s chief procurement officer and shall be responsible for the University’s overall procurement program, including the formation of procedures and guidelines for implementing these Rules.

3001.3 Unless otherwise provided herein the CCO, with the approval of the President or the President’s designee, may delegate in writing to one or more staff contracting officers any authority conferred on the CCO by these regulations, and the CCO shall include in any such delegation clear written instructions on the limitation of the delegated authority. Such delegation shall remain in effect unless and until the CCO modifies or revokes the delegation in writing. Delegation of contracting authority shall automatically be revoked for staff contracting officers who become separated from the University.

3001.4 Any University official designated as a contracting officer shall not be delegated contracting authority greater than that of the CCO.

3001.5 Only the CCO and other University contracting officers are authorized to enter into contracts, terminate contracts or contractually bind the University for the procurement of supplies, services, or construction. A contracting officer may bind the University only to the extent of their written delegated authority by the CCO under Subsection 3001.3. Any contract or procurement for supplies, services, or construction entered into or conducted by an individual other than the CCO or other University contracting officers shall be considered an unauthorized procurement.

3001.6 Unauthorized Procurements.

(a) A procurement conducted by an individual without authority to enter into contracts or contractually bind the University for the procurement of supplies, services, or construction may be ratified at the sole discretion of the University if (a) such ratification is in the best interest of the University; and (b) such ratification can be accomplished as a procurement conducted in accordance with these rules. The President shall develop procedures for the ratification of unauthorized procurements.

(b) An unauthorized procurement which is ratified by the University shall be treated as though it was entered into by the University.

(c) Unless it is ratified by the University, the person who entered into the unauthorized procurement may be personally liable for any liabilities resulting from the unauthorized procurement. Regardless of whether an unauthorized procurement is ratified by the University, an employee who enters into an unauthorized procurement shall be subject to appropriate disciplinary action by the University.

3001.7 Conflicts of Interest. The procurement operations of the University shall be conducted with the sole aim of providing the best value to the University in accordance with these rules. No person having contracting authority for the University or otherwise involved in any procurement shall participate in the procurement if the person is affiliated with, has financial interest in, or is a parent, child, spouse, or sibling of a person who is affiliated with or has a financial interest in, any bidder or prospective bidder in response to any University solicitation, including both formal solicitations and procurements conducted under simplified procurement procedures.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3002 PUBLICIZING CONTRACT ACTIONS

3002.1 The CCO shall issue a formal written solicitation for all proposed contracts with an estimated price over one hundred thousand dollars ($100,000).

3002.2 The CCO shall publicize the formal written solicitation referred to in Subsection 3002.1 in accordance with PPRA Sections 402, 403, and 404, as applicable. Publication shall be in a manner calculated to reach a significant number of prospective bidders, and will be conducted in accordance with the PPRA’s requirements.

3002.3 The requirement to publicize the solicitation set forth in this chapter shall not apply to any of the following procurements: (a) emergency procurements; (b) simplified procurements; and (c) contracts existing as of the effective date of these Rules.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010); as amended by Final Rulemaking published at 67 DCR 2605 (March 6, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 3002

8-B DCMR § 3003 SOURCES OF SUPPLES AND SERVICES

3003.1 The University shall satisfy requirements for supplies, services and construction in accordance with these Rules from the source or sources which provide the best value to the University, including but not limited to the following sources:

Group Purchasing Organizations;

U.S. General Services Administration (GSA) Federal Supply Schedules;

Existing District of Columbia or Federal contracts;

District of Columbia supply schedules;

Federal Prison Industries (UNICOR);

D.C. Department of Corrections, Industries Division, or other District of Columbia agencies;

Intergovernmental Agreements;

Cooperative Agreements; or

Full and Open Competition.

3003.2 The University shall be exempt from obtaining the of approval of the Office of the Chief Technology Officer for the procurement of technology items, as provided in D.C. Official Code § 1-1403 (2001 ed.).

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3004 INDEPENDENT COST ESTIMATE

3004.1 The University shall develop an independent cost estimate for all requirements for supplies, services and construction totaling in excess of one hundred thousand dollars ($100,000).

3004.2 The independent cost estimate shall be realistic based on the requirement and not on the budget and shall not be disclosed to anyone outside the University.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3005 ITEMS EXEMPT FROM COMPETITIVE PROCUREMENT

3005.1 The goods, services, supplies and materials enumerated in PPRA Section 413 shall be exempt from the competitive procurement requirements imposed by this chapter.

3005.2 In addition, the University may also procure the following goods, services and materials without subjecting such procurements to competition:

Abstracts of titles for real property and title searches;

Brokers and other agents retained by the University to negotiate for and obtain goods, services (including but not limited to insurance policies) and real estate for the University at competitive prices;

Items purchased for resale to the general public;

Recreational sports and other program instructors;

Translation services, including but not limited to American Sign Language and foreign languages;

Educational assessments and special education testing equipment and materials; and

Utilities, including but not limited to electric, gas, propane, oil and water services.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010); as amended by Final Rulemaking published at 67 DCR 2605 (March 6, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 3005

8-B DCMR § 3006 SIMPLIFIED PROCUREMENT PROCEDURES

3006.1 The CCO has the authority to use the simplified procurement procedures set forth in this section for the procurement of supplies, services, books and equipment when the total amount of the procurement does not exceed one hundred thousand dollars ($100,000).

3006.2 For each procurement in an amount over ten thousand dollars ($10,000) but less than one hundred thousand dollars ($100,000) the CCO shall solicit quotations from at least three (3) sources to promote competition to the maximum extent practicable and to ensure that the purchase is in the best interests of the University considering price and other factors (including the administrative cost of the purchase).

3006.3 The CCO may solicit at least three (3) oral price quotations for procurements over ten thousand dollars ($10,000) up to twenty-five thousand dollars ($25,000).

3006.4 The CCO shall solicit at least three (3) written price quotations for procurements over twenty-five thousand dollars ($25,000) up to one hundred thousand dollars ($100,000).

3006.5 The CCO shall maintain records of all oral and written price quotations in the procurement file for each requirement. The records shall include the names of the sources contacted, the price(s) and other terms quoted.

3006.6 The CCO shall ensure that procurements are not split, parceled, divided or purchased over a period of time to circumvent the dollar limitations for use of simplified procurement procedures.

3006.7 The CCO shall use the simplified procurement procedure that is most suitable, economical and efficient based on the circumstances of each procurement.

3006.8 The CCO shall establish and maintain a simplified procurement procedure source list to include sources for micro-purchases.

3006.9 The CCO shall retain records supporting all oral and written quotations for three (3) years.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3007 SIMPLIFIED PROCUREMENT PROCEDURES: MICRO PURCHASES

3007.1 A procurement for ten thousand dollars ($10,000) or less shall be considered a micro-purchase and may be made without obtaining competition if the contracting officer determines the price to be fair and reasonable.

3007.2 Certified local, small, or disadvantaged businesses shall be considered for micro-purchases to the maximum extent practicable.

3007.3 Micro-purchase requirements shall be spread equitably among suppliers to ensure usage of as many suppliers as possible and to provide procurement opportunities to as many suppliers as possible.

3007.4 Micro-purchase requirements may be processed and paid for utilizing the University’s purchase card upon implementation of the University’s purchase card program.

History

SOURCE: Final Rulemaking published at 57 DCR 1717 (February 2010).

8-B DCMR § 3008 SIMPLIFIED PROCUREMENT PROCEDURES: GROUP PURCHASING ORGANIZATIONS

3008.1 When beneficial to the University, the University shall participate in group purchasing organizations (GPOs).

3008.2 A procurement in the amount of one hundred thousand dollars ($100,000) or less may be made without obtaining competition if the procurement is made from a group purchasing organization recognized under Section 3008.3. The pricing of supplies and services provided by a group purchasing organization recognized under Section 3008.3 shall be presumed to be fair and reasonable.

3008.3 The University shall recognize group purchasing organizations under this section if the CCO determines that the organization offers prices which are fair and reasonable under Section 3009.

3008.4 The CCO shall review each GPO recognized by the University under Section 3008.3 annually to ensure that prices offered by that GPO in each category of goods or services in which the University procures from that GPO are and continue to be fair and reasonable. Upon satisfactory completion of this annual review, the fairness and reasonableness of GPO prices shall be presumed and no determination of fairness and reasonableness need be made for every transaction with the applicable GPO.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3009 DETERMINATION OF PRICE REASONABLENESS AND AWARD

3009.1 The CCO shall determine that the price to be paid to the successful bidder is fair and reasonable for all simplified procurement transactions, not including group purchasing transactions.

3009.2 Generally, competition shall determine price reasonableness. However, the determination that a proposed price is fair and reasonable may also be based on any of the following:

(a) Historical prices;

(b) Current price lists;

(d) Catalog prices;

(e) Comparison prices with similar items;

(f) Best value analysis;

(g) Market surveys;

(h) The contracting officer’s knowledge of the item being procured; or

(i) Other reasonable comparisons.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).

8-B DCMR § 3010 BLANKET PURCHASE AGREEMENTS

3010.1 A Blanket Purchase Agreement (BPA) may be used as a simplified method of filling anticipated repetitive needs for supplies, services, books or other items by establishing charge accounts with suppliers.

3010.2 A BPA shall not exceed the simplified procurement limitation of one hundred thousand dollars ($100,000).

3010.3 The CCO may establish a BPA if one (1) or more of the following criteria apply:

There are a wide variety of items in a broad class of supplies or services that are generally purchased, but the exact items, quantities and delivery requirements are not known in advance and may vary considerably.

The administrative cost of issuing numerous purchase orders can be reduced through the use of this procedure.

3010.4 A BPA shall not be used for any supply, service, books or equipment for which a requirements type contract has been issued by the University.

3010.5 The CCO shall not use a BPA to authorize procurements that are not otherwise authorized by law and shall not procure from a BPA to avoid the simplified procurement limitation.

3010.6 A BPA shall be considered terminated when the procurements under it are equal to its total dollar limitation or when the stated time period expires.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3011 PURCHASE ORDERS

3011.1 Purchase orders shall be on a form approved by the CCO.

3011.2 Except as otherwise provided, the CCO shall issue each purchase order on a firm-fixed-price basis.

3011.3 Each purchase order shall include any trade and prompt payment discounts that are offered.

3011.4 Each purchase order shall contain a definite calendar date for delivery of supplies or performance of services.

3011.5 If the CCO wants to secure a binding contract between the offeror and the University before delivery or performance, the CCO shall require the contractor’s written acceptance of the purchase order.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3012 UNPRICED PURCHASE ORDERS

3012.1 The CCO shall issue an unpriced purchase order only under the following circumstances:

When the transaction will not exceed the University’s simplified procurement limit;

When it is impractical to obtain pricing in advance of issuance of the purchase order; and

When the purchase is for repairs to equipment requiring disassembly to determine the extent of repairs required, material available from only one (1) source and for which cost cannot be readily determined, or supplies or services for which prices are known to be competitive but exact prices are unknown.

Services that must begin before the extent of the scope of work is known to include estimated hourly rates and an estimate of the total hours to complete the work to be performed.

Supplies needed from a catalog that may not be current, when there is not enough time to verify current prices before ordering.

3012.2 The CCO shall issue each unpriced purchase order by using a written purchase order form with a realistic price ceiling. The price ceiling shall be an obligation subject to adjustment when the firm fixed price is provided.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3013 MODIFICATION OF PURCHASE ODERS

3013.1 A purchase order may be modified by using a form approved by the CCO. Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number.

3013.2 The CCO may obtain a contractor’s written acceptance of a purchase order modification if the written acceptance is determined by the CCO to be necessary to ensure the contractor’s compliance and acceptance of the purchase order as modified.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3014 TERMINATION AND CANCELLATION OF PURCHASE ORDERS

3014.1 If a purchase order is terminated or cancelled, the CCO shall notify the contractor in writing that the purchase order has been terminated or cancelled.

3014.2 If the contractor accepts the termination or cancellation and does not claim that costs were incurred as a result of starting performance, no further action shall be required and the purchase order shall be considered terminated or cancelled.

3014.3 If the contractor does not accept the termination or cancellation or claims that costs were incurred as a result of starting performance, the CCO shall treat the action as a termination for default or convenience.

3014.4 The CCO shall terminate or cancel purchase orders in writing by formal letter, electronic mail or by written modification.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3015 SPECIFICATIONS, STATEMENTS OF WORK, PURCHASE DESCRIPTIONS

3015.1 The CCO shall provide specifications, statements of work or purchase descriptions in a manner designed to promote competition to the maximum extent possible.

3015.2 Specifications, statements of work or purchase descriptions shall reflect the minimum needs of the University. Specifications and purchase descriptions may be stated in terms of the following:

Function, so that a variety of supplies or services may qualify;

Performance, including the range of acceptable characteristics or the minimum acceptable standards; or

Design requirements, providing exact dimensions, materials or characteristics.

3015.3 Performance specifications or statements of work shall be the preferred description for University procurements to encourage offerors to propose innovative solutions and approaches.

3015.4 Brand name or equal purchase descriptions shall include the brand name, along with the salient physical, functional or performance characteristics of the brand name item that the equal item must meet to be acceptable for award.

3015.5 The CCO shall not develop agency requirements to favor a particular brand name product or a feature of a brand name product specific to one manufacturer, unless the specific brand name product or feature is necessary to the University’s requirements and market research of other products or features do not meet or cannot be modified to meet the University’s needs.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3016 COMPETITIVE SEALED BIDDING

3016.1 The CCO has the discretion to determine which method of procurement to utilize in the purchase of supplies, services or construction. Competitive sealed bidding shall be the University’s preferred method of contracting when the following conditions exist:

Award will be made solely on the basis of price and price-related factors and conformance to specifications;

It will not be necessary to conduct discussions with the bidders responding to the solicitation; and

There is reasonable expectation of receiving more than one sealed bid.

3016.2 Each procurement by competitive sealed bidding shall be initiated by the issuance of an Invitation for Bid (IFB), which shall be publicized in accordance with Section 3002, and which shall include (i) a specification, statement of work, and/or purchase description, as appropriate, (ii) the time of delivery of the goods or services required by the University, and (iii) the deadline, place, and manner for submitting bids.

3016.3 After the issuance of an IFB, the IFB shall not change unless the CCO issues a written amendment to all prospective bidders to which the IFB was sent. The CCO shall distribute each amendment to all prospective bidders within a reasonable time to allow consideration of the information before submitting their offers. If a change to an IFB is so significant that it warrants complete revision, the CCO shall cancel the original IFB and issue a new IFB.

3016.4 Prior to the contract award, the CCO may cancel the IFB if the CCO determines that cancellation is in the best interest of the University. If an IFB is canceled, the CCO shall inform all parties which received the solicitation as soon as it practicable.

3016.5 To be considered for award, a bid shall be required to comply with all the requirements of the IFB.

3016.6 The CCO shall evaluate bids without discussions with bidders when the competitive sealed bidding method of procurement is utilized. Prior to award, the CCO shall have no discussions with bidders except at a conference of which all prospective bidders are informed.

3016.7 The CCO shall prescribe the manner in which bids shall be submitted..

3016.8 Bids shall be received in the office designated in the solicitation not later than the date and time set for receipt of bids. Bids not received by the set time shall be considered late.

3016.9 A bidder may modify or withdraw its bid by submitting a written notice to the CCO. The notice must be received in the office designated in the solicitation before contract award.

3016.10 All bids, withdrawals and modifications shall be opened publicly in the presence of one or more persons at the time, date and place specified in the solicitation. The name of the bidder, price, and other relevant information shall be read aloud and recorded on a bid summary.

3016.11 The CCO shall examine each bid for mistakes after the bid opening.

3016.12 The CCO shall have the discretion to waive minor informalities or minor irregularities in bids if waiver is in the best interest of the University. If the CCO has reason to believe that a mistake has been made relating to the terms of the bid, the CCO shall request the bidder to verify the bid and the suspected mistake.

3016.13 If the bidder confirms a mistake has been made or if a bidder alleges a mistake, the matter shall be processed before award in accordance with the following:

If the CCO notifies a bidder of an alleged mistake, the bidder shall have until the deadline set by the CCO to submit a written notice and correction of the alleged mistake;

If the bidder discovers a mistake in the bidder’s bid or proposal, the bidder may submit a corrected bid or proposal no later than the date and time specified in the solicitation for the receipt of bids;

The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the solicitation and shall not be used to permit correction of bids to make them responsive;

Correction of an apparent clerical mistake may be permitted before award; and

A bidder may be permitted to withdraw a low bid in either of the following circumstances:

If a mistake is clearly evident on the face of the bid

document but the intended bid is not similarly evident; or

If the bidder submits evidence which clearly and

convincingly demonstrate that a mistake was made.

3016.14 When a bid is corrected or withdrawn, or when the CCO denies the correction or withdrawal, the CCO shall prepare a determination showing that the relief was granted or denied.

3016.15 In addition to the circumstances contemplated in this section, or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, one (1) of the following determinations shall be made by the CCO:

To reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next most acceptable bid under the original IFB;

(b) That no change shall be made in the contract as awarded: or

3016.16 Determinations under this section shall be made only on the basis of clear and convincing evidence that a mistake was made by the contractor, and was so apparent as to have given the contracting officer notice of the probability of the mistake.

3016.17 The CCO shall make a contract award by written or electronic notice to the responsive offeror whose bid, conforming to the IFB, will be most advantageous to the University, considering only price or price-related factors specified in the IFB.

3016.18 The CCO shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3017 COMPETITIVE SEALED PROPOSALS

3017.1 If the CCO determines competitive sealed bidding is not appropriate, procurements shall be conducted utilizing the competitive sealed proposal (CSP) method.

3017.2 Each procurement by competitive sealed proposals shall be initiated by the issuance of a Request for Proposals (RFP), which shall be publicized in accordance with Section 3002, and which shall include (i) a specification, statement of work, and/or purchase description, as appropriate, (ii) the evaluation factors specified pursuant to Section 3017.8, (iii) the time of delivery of the goods or services required by the University, and (iv) the deadline, place, and manner for submitting proposals.

3017.3 After the issuance of an RFP, the RFP shall not change unless the CCO issues a written amendment to all prospective bidders to which the RFP was sent. The CCO shall distribute each amendment to all prospective bidders within a reasonable time to allow consideration of the information before submitting their offers. If a change to an RFP is so significant that it warrants complete revision, the CCO shall cancel the original RFP and issue a new RFP.

3017.4 Prior to the contract award, the CCO may cancel the RFP if the CCO determines that cancellation is in the best interest of the University. If an RFP is canceled, the CCO shall inform all parties which received the solicitation as soon as it is practicable.

3017.5 To be considered for award, a proposal shall be required to comply with all the requirements of the RFP.

3017.6 The CCO shall evaluate proposals without discussions with bidders when the competitive sealed proposal method of procurement is utilized. Prior to award, the CCO shall have no discussions with bidders except at a conference of which all prospective bidders are informed.

3017.7 Proposals shall be received in the office designated in the solicitation not later than the date and time set for receipt of proposals. Bids not received by the set time shall be considered late.

3017.8 Each solicitation shall include all of the evaluation factors for award, including price, and the relative importance of each factor. The solicitation shall include a statement that the CCO may conduct discussions with all offerors within the competitive range, but that the University reserves the right to evaluate initial proposals and make award without discussions.

3017.9 If discussions are held, the CCO shall hold such discussions with all offerors with proposals in the competitive range and do the following:

(a) Lead and control all discussions;

(b) Advise offerors of any deficiencies in their proposal;

Resolve any suspected mistakes without disclosing information concerning other proposals received or the evaluation process; and

Provide offerors a reasonable opportunity to submit revisions to their proposal that may result from the discussions.

3017.10 Proposal evaluations shall be based on the evaluation factors outlined in the solicitation. Numerical, adjectival or other rating methods may be used to indicate the relative weight of each factor. Factors not specified in the solicitation shall not be considered or utilized.

3017.11 The CCO shall utilize discussions to correct any minor informalities or irregularities. If the CCO determines that award will be made without discussions, the procedures outlined in Section 3016.12 shall be used to correct any minor informalities or irregularities.

3017.12 Upon completion of negotiation, the CCO shall issue to all offerors in the competitive range a request for best and final offers. Best and final offers shall be submitted as prescribed by the CCO with a common date and time for receipt.

3017.13 Offers submitted as best and final offers shall be considered complete and not subject to any additional negotiation, unless the CCO determines it is in the best interest of the University to reopen negotiations.

3017.14 The CCO has the right to reject all proposals in whole or in part when it is determined to be in the best interest of the University.

3017.15 The CCO shall award the contract to the offeror whose proposal offers the best value to the University.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).

8-B DCMR § 3018 TECHNICAL EVALUATION OF PROPOSALS

3018.1 When the CCO determines that a proposals received in response to a solicitation require evaluation on technical aspects of the proposal, the CCO shall appoint a Technical Evaluation Panel (TEP) who shall be responsible for making a recommendation to the CCO with respect to the contract award.

3018.2 In accordance with guidelines established by the CCO, the TEP shall evaluate each proposal on the basis of the factors contained in the solicitation, and shall provide a recommendation as to which proposal offers the best value to the University based on (i) each proposal’s responsiveness to each factor, and (ii) the responsibility of each offeror, as defined in Section 3057.

3018.3 A TEP convened under Section 3018.1 shall consist of not less than three (3) members appointed by the CCO. The CCO shall appoint University employees with sufficient relevant technical knowledge to evaluate the proposals. Non-university employees may serve on a TEP provided that no (i) University employee with the requisite knowledge is available to serve in the place of the non-University employee, and (ii) the non-University employee is not affiliated with any of the offerors submitting responses to the applicable solicitation or is not a related person, as defined in Section 3001.7, to a person who is affiliated.

3018.4 For solicitations with an anticipated cost exceeding two hundred fifty thousand dollars ($250,000), the determinations and appointments required by this section shall be made by the President or the President’s designee.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3019 SOLE SOURCE PROCUREMENT

3019.1 The CCO shall take reasonable steps to avoid using sole source procurement except in circumstances when it is both necessary and in the best interest of the University. The CCO shall take action, whenever possible, to avoid the need to continue to procure the same supply, service or construction without competition.

3019.2 The CCO shall determine the format used to request a proposal for a sole source procurement.

3019.3 The CCO shall not award a contract on a sole source basis when the justification is based on lack of sufficient time to complete the competitive process through the competitive sealed bidding or competitive sealed proposal method of procurement, unless a legitimate emergency, as defined in Section 3020 exists.

3019.4 The CCO shall prepare a written determination and findings (D&F) that justifies the use of each sole source procurement. The President or the President’s designee shall approve all D&Fs in excess of one hundred thousand ($100,000) before issuance of a solicitation.

3019.5 Each D&F shall include the following:

Designation that the requirement is a sole source D&F;

(b) A description of the requirement, including the estimated cost;

I (i) A description of the factors that qualify the requirement as a sole

source procurement such that the requirement is available from one source or only one supplier with unique capabilities; or (ii) a discussion of the proposed contractor’s unique qualifications that qualify the proposed contractor for a sole source award;

(d) A statement that the anticipated costs to the University will be fair and reasonable; and

Any other relevant facts to support the use of a sole source procurement.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3020 EMERGENCY PROCUREMENTS

3020.1 The CCO may award a contract on an emergency basis if the requirement is essential to handle an existing or imminent emergency situation, including, but not limited to, any situation or condition which would threaten the health, safety, property or welfare of the University community or severely hamper the ability of the University to accomplish its educational mission.

3020.2 Emergency procurement procedures shall not be used for contracts exceeding ninety (90) days, subject to any exceptions allowed by the PPRA.

3020.3 The CCO shall not be required to publicize emergency solicitations. Publication of emergency procurements shall be governed by PPRA Section 405.

3020.4 The CCO shall take steps to maximize competition by soliciting bids or proposals from as many potential offerors as possible.

3020.5 The CCO shall prepare a written D&F to justify emergency procurements. Each emergency D&F shall include the following:

The description of the proposed procurement action;

A description of the emergency;

The estimated value or cost;

A description of the efforts made to ensure that bids or proposals are received from as many potential sources as possible.

A determination that the anticipated costs to the University will be fair and reasonable in light of the emergency conditions; and

Any other relevant facts that support the emergency justification.

3020.6 The CCO shall determine the appropriate format to solicit bids or proposals on an emergency basis.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010); as amended by Final Rulemaking published at 67 DCR 2605 (March 6, 2020). District of Columbia Municipal Regulations Higher Education, University of the District of Columbia 8-B DCMR § 3020

8-B DCMR § 3021 TYPES OF CONTRACTS

3021.1 The CCO shall utilize the type or types of contract described in this section for each method of procurement, unless a different type of contract is in the best interest of the University.

3021.2 When the competitive sealed bidding method of procurement is utilized, the CCO shall utilize either a firm-fixed-price or a fixed-price with economic price adjustment type contract , unless a different type of contract is in the best interest of the University.

3021.3 The CCO shall use a firm-fixed-price contract when the requirement is clearly defined and can be priced on a firm-fixed-price basis and when the risk involved is minimal to the University, unless a different type of contract is in the best interest of the University.

3021.4 The CCO shall give preference to selecting contract types in the following order:

Fixed-price type;

Cost-reimbursement;

Time and materials;

Labor hour; and

Other types.

3021.5 The CCO shall ensure that all contracts entered into by the University include all applicable clauses to protect the University’s interests.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3022 FIXED-PRICE CONTRACTS

3022.1 Fixed-price contracts may provide for a firm price or, in appropriate circumstances, an adjustable price.

3022.2 The CCO shall use a fixed-price contract with economic price adjustment when it is necessary to protect the University and the contractor when fluctuations in labor and material costs may occur during contractor performance for reasons beyond the control of the contractor.

3022.3 A fixed-price contract with economic price adjustment shall provide for an upward or downward revision of the contract price based on certain contingencies that are specifically stated in the contract. All fixed price contracts with economic price adjustments shall include a ceiling price.

3022.4 An economic price adjustment may be one (1) of the following general types:

Adjustment based on increases or decreases in specified costs of labor or material that the contactor actually experiences during contract performance; or

Adjustment based on increases or decreases in labor or material cost standards or indexes that are specifically identified in the contract.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3023 OTHER TYPES OF CONTRACTS

3023.1 When the CCO determines that a contract other than a fixed price or fixed price with economic adjustment should be used, the CCO shall justify such use in writing. When any other type of contract is used, the CCO shall take steps to minimize cost overruns. All contracts shall include a specified price ceiling that the contractor shall not exceed.

3023.2 Nothing in this section shall be construed as limiting the CCO’s discretion to choose any form of contract that is in the best interest of the University, including contracts combining elements of one or more of the contract types listed herein, provided that all contracts entered into by the University shall include a specified price ceiling that the contractor shall not exceed.

3023.3 Cost Reimbursement Contracts

(a) The CCO shall prefer the use of a cost-reimbursement contract when the requirement cannot be fully defined and costs cannot be estimated with sufficient accuracy to use any type of fixed-price contract.

(b) Cost reimbursement contracts shall only be used when (i) the contractor’s accounting system is adequate for determining costs applicable to the contract, and (ii) there is reasonable assurance that the University will be able to apply effective monitoring and cost controls.

(c) The CCO may use a cost-plus-fixed-fee contract that provides for payment to the contractor of a negotiated fee in a fixed amount at the inception of the contract. The fixed fee does not vary with actual costs. The CCO shall not use a cost-plus-incentive fee or cost-plus-award fee type contract.

3023.4 Time and Materials Contracts

(a) The CCO shall prefer the use of a time and materials contract when it is not possible to estimate accurately the extent or duration of the work or the anticipated costs with any degree of confidence. The CCO shall ensure supervision of contractor performance when a time and materials contract is used.

(b) A time and materials contract shall include (i) direct labor hours at specified fixed hourly rates that include wages, overhead, general, administrative expenses, and profit, and (ii) materials required at cost.

3023.5 Labor Hours Contracts. The labor hours contract may be used in the same manner as a Time and Materials Contract when no materials are required.

3023.6 Letter Contracts

(a) The CCO shall use a letter contract when contract work must begin immediately and awarding a definitive contract is not immediately possible. The CCO shall ensure that each letter contract is as definitive and complete as possible under the circumstances.

(b) The CCO shall execute a definitive contract within ninety (90) days after the date of execution of the letter contract or before completion of fifty percent (50%) of the work to be performed, whichever occurs first. The liability of the University shall not exceed fifty percent (50%) of the estimated cost for the term of the definitive contract, unless approved in advance by the CCO.

3023.7 Multiple Award Contracts. The CCO may use a multiple award contract when more than one contractor is to be awarded a contract for specific supplies or services.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3024 LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

3024.1 The CCO shall include in the University’s annual solicitations and contracts for procurements totaling two hundred fifty thousand dollars ($250,000) or more a mandatory thirty-five percent (35%) local, small, disadvantaged business enterprise (LSDBE) participation for certified LSDBE firms. This section shall not apply to any procurement for which there is no LSDBE firm which can provide a competitive-value service taking into account a twelve percent (12%) price differential.

3024.2 Firms and individuals shall be certified by the D.C. Department of Small and Local Business Development in order to participate in the University’s LSDBE set-aside program.

3024.3 The CCO may set-aside certain University procurement opportunities for certified LSDBE firms.

3024.4 The CCO shall establish procedures for the utilization of LSDBE firms in University procurement opportunities in the University procurement manual.

3024.5 The CCO may establish a mentor-protégé program designed to match prime contractors with local, small, disadvantaged business enterprises certified by the D.C. Department of Small and Local Business Development for participation in University procurement opportunities. This program is designed to allow approved prime contractors, serving as mentors, to provide assistance to certified local, small, disadvantaged business enterprise firms, serving as protégés, to improve their ability to successfully compete for University contracts.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3025 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3026 ESTIMATE OF CONSTRUCTION COSTS

3026.1 An estimate of construction costs shall be prepared by the University’s program staff for each proposed contract and for each proposed contract modification estimated to exceed twenty-five thousand dollars ($25,000).

3026.2 The estimate shall be prepared in as much detail as though the University was competing for award. This may or may not include consultant input. Consultants assisting in costs estimates shall be considered ineligible to bid on the scope for which assistance was provided.

3026.3 Access to information concerning the University estimate shall be limited to University personnel whose official duties require knowledge of the estimate.

3026.4 The amount of the University estimate shall not be disclosed, except as otherwise permitted by these regulations.

3026.5 Contracts for construction shall not be awarded at cost to the University.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3027 NOTICE OF THE SCOPE OF CONSTRUCTION PROJECTS

3027.1 All pre-solicitation notices and each solicitation shall state the approximate scope of the construction requirement in terms of physical characteristics and estimated price.

3027.2 In no event shall the scope of a project disclose the University’s estimate of costs. Instead, the CCO shall describe the estimated project in terms of price ranges that do not reveal the University’s estimate.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3028 LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS

3028.1 The CCO shall determine the need for liquidated damages in construction contracts.

3028.2 In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause.

3028.3 If liquidated damages are used in a contract, the CCO shall include an appropriate, reasonable rate or rates of liquidated damages.

3028.4 The provisions of this section shall apply to all liquidated damage clauses included in construction contracts.

3028.5 When liquidated damages clauses are required or used, if different completion periods for separate parts or phases of the work are specified in the contract, the CCO shall include a provision, providing for liquidated damages for delay or a failure to perform each separate part or phase of the work compensating the University for damages incurred.

3028.6 The CCO shall base the minimum amount of liquidated damages on the estimated cost of general project conditions for each day of delay in completion. These conditions shall include but are not limited to the estimated costs for project management services, supervision, inspections, construction administration, and increased user relocation costs.

3028.7 Whenever the University anticipates other specific losses related to the failure of the contractor to complete the work on time, the CCO shall also include in the contract stipulations for incorporating these additional costs as they are identified.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3029 PRICING CONSTRUCTION CONTRACTS

3029.1 The CCO shall prefer the use of firm-fixed-price contracts to procure construction, unless the CCO determines that a different type of contract is in the best interest of the Univeristy.

3029.2 A contract may be priced on a lump-sum basis (when a lump sum is paid for the total work or defined parts of the work), on a unit-price basis (when a unit price is paid for a specified quantity of work units), or a combination of both methods.

3029.3 The CCO shall use lump-sum pricing in preference to unit pricing except when any one (1) of the following circumstances exist:

Large quantities of work (such as excavation, grading, paving, building outside utilities, or site preparation) are involved which cannot be estimated with sufficient confidence to permit a lump-sum offer without a substantial contingency;

Estimated quantities of work required may change significantly during construction; or

Bidders would have to expend unusual effort to develop adequate estimates.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3030 CONSTRUCTION CONTRACTS WITH ARCHITECT-ENGINEER FIRMS

3030.1 Except as otherwise provided in this chapter, the CCO shall not award a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates without the prior written approval of the President or the President’s designee.

3030.2 If a proposed construction contract will use a design build method of construction, the CCO may award the construction contract to an affiliate of the architect-engineer firm that designed the project without prior approval of the President or President’s designee.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3031 DESIGN-BUILD PROCEDURES

3031.1 If the CCO uses a design-build process, two-phase design-build selection procedures shall be utilized.

3031.2 The CCO shall only use the two-phase design-build selection procedures when three or more offers are anticipated.

3031.3 The CCO may use one solicitation covering both phases, or the CCO may issue two solicitations in sequence.

3031.4 The CCO shall issue a solicitation utilizing the competitive sealed proposals method of procurement. The solicitation shall state the maximum number of offerors that will be selected to submit phase-two proposals.

3031.5 The maximum number specified shall not exceed five unless the CCO determines, for that particular solicitation, that a number greater than five is in the University’s interest and is consistent with the purposes and objectives of two-phase design-build contracting.

3031.6 After evaluating phase-one proposals, the CCO shall select the most highly qualified offerors, not to exceed the maximum number specified in the solicitation in accordance with Section 3031.4, and request that only those offerors submit phase-two proposals.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3032 INSPECTON AND SITE EXAMINATION

3032.1 The CCO shall make appropriate arrangements for prospective bidders to inspect the work site and to have the opportunity to examine data available to the University which may provide information concerning the performance of the work. The CCO shall assemble the data in a single place and make it available for examination.

3032.2 The solicitation shall notify bidders of the time and place for the site inspection and date of examination.

3032.3 The CCO shall make available to all prospective bidders in the same manner significant site information and the work performance data, including information regarding any utilities to be furnished during construction.

3032.4 The CCO shall keep a record of the identity and affiliation of each prospective bidder’s representative who inspects the site or examines the data.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3033 COMPETITIVE SEALED BIDS FOR CONSTRUCTION

3033.1 An IFB for construction shall allow a reasonable time for bidders to prepare and submit their bids, but in no event less than ten (10) days after the initial solicitation is issued and publicized.

3033.2 The CCO shall publicize the IFB in accordance with Section 3002.

3033.3 In determining what is a reasonable time, the CCO shall consider the construction industry and the time necessary for bidders to inspect the site, obtain subcontract agreements, examine data concerning the work and prepare estimates based on plans and specifications.

3033.4 The CCO shall ensure that each IFB includes the following information when applicable:

The appropriate wage determination as issued by the U.S. Department of Labor;

The scope of the proposed construction project;

The period of performance;

Information concerning any facilities, such as utilities, office space, and warehouse space, to be furnished by the University during the construction period;

Arrangements for bidders to inspect the site and examine the data concerning performance of the work;

Any special qualifications or experience requirements that will be considered;

Any special instructions concerning bids, alternate bids, and award; and

Any instructions concerning reporting requirements.

3033.5 The CCO shall send IFB’s to prospective bidders upon request.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3034 NOTICE OF INTENT TO AWARD

3034.1 Each notice of intent to award shall include the following:

The identity of the IFB;

The identity of the prospective contractor;

The award price;

A statement notifying the prospective contractor that all required performance and payment bonds must be properly executed by the prospective contractor and sureties and returned to the CCO by the prospective contractor within the time specified in the IFB, or, if no time period is specified in the IFB, within ten (10) days after the bond forms as presented by the University to the prospective contractor for signature;

A statement that a notice to proceed will be issued, contingent upon the CCO’s receipt of executed performance and payment bonds and executed contracts form that is in compliance with the requirements of the IFB and this title; and

A statement that the University may rescind the notice of intent to award at any time prior to approval of a formal written contract signed by the prospective contractor and the CCO or other University official.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3035 PRE-CONSTRUCTION CONFERENCE

3035.1 The CCO may conduct a pre-construction conference to inform the contractor about the labor standards requirements, permits, subcontracting and other relevant pre-construction matters deemed appropriate by the CCO.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3036 EVALUATION OF CONTRACTOR PERFORMANCE

3036.1 The CCO or designee shall evaluate contractor performance and prepare a performance report for each construction contract over one hundred thousand dollars ($100,000) in the following circumstances:

When any element of performance was either unsatisfactory or outstanding;

When the contract was terminated for default; or

When the contract was terminated for the convenience of the University.

3036.2 The CCO or designee shall prepare the evaluation performance report at the time of final acceptance of the work, at the time of contract termination, or at other times determined appropriate by the CCO.

3036.3 If the CCO concludes that a contractor’s overall performance was unsatisfactory, the CCO shall advise the contractor in writing that an unsatisfactory performance report is being prepared and shall state the basis for the report.

3036.4 If, after receiving the CCO or designee’s report, the contractor submits any written comments, the CCO or designee shall include them in the report, consider them in resolving any alleged factual discrepancies, and make any appropriate changes in the report. The CCO shall include the performance report in the contract file.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3037 ARCHITECT-ENGINEER SERVICES

3037.1 The CCO shall publicize all requirements for architect-engineer services in accordance with Section 3002.

3037.2 The CCO shall negotiate contracts for these services based on demonstrated competence and qualifications of prospective contractors to perform the services required at fair and reasonable prices.

3037.3 The CCO shall select a contractor for architect-engineer services in accordance with the provisions of this section rather than the solicitation procedures specified elsewhere in these regulations.

3037.4 Compliance with the provisions of Sections 3037 through 3046 of these regulations shall constitute the procedure for the procurement of architect-engineer services.

3037.5 The CCO shall evaluate each potential contractor based on the following criteria:

Professional qualifications necessary for satisfactory performance of the required services;

Specialized experience and technical competence in the type of work required;

Capacity to accomplish the work in the required time;

Acceptability under other appropriate evaluation criteria.

3037.6 When design competition is used by the University, the CCO may evaluate firms on the basis of their conceptual design of the project.

3037.7 Design competition may be used in the following circumstances:

When unique situations exist involving prestigious projects, such as the design of memorials or structures of unusual national or local significance;

When sufficient time is available for the production and evaluation of conceptual designs; and

When the design competition, with its costs, will substantially benefit the project.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3038 ARCHITECT-ENGINEER QUALIFICATIONS

3038.1 To be considered for an architect-engineer contract, a firm shall file an appropriate architect-engineer qualification data form with the CCO.

3038.2 The CCO shall classify the qualification data files for each firm with respect to the following:

Location;

Specialized experience;

Professional capabilities; and

Capacity with respect to the scope of work that the firm can undertake.

3038.3 The CCO shall review and update the qualification data files at least once each year. The process shall include the following:

Publicizing a notice encouraging firms to submit annually an updated statement of qualifications;

Reviewing and updating each firm’s classification;

Recording any contract awards made to each firm in the preceding year;

Ensuring that the file contains a copy of each performance evaluation report;

Discard any material that has not been updated within the previous three (3) years; and

Posting the date of the review file.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3039 ARCHITECT-ENGINEER SELECTION

3039.1 The CCO, with the advice of the appropriate technical and staff representatives, will make the final selection.

3039.2 The final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform the work.

3039.3 The CCO shall document the contract file with a written explanation of the reasons for the selection. All firms on the final selection list shall be the firms with which the CCO may negotiate.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3040 COST ESTIMATE FOR ARCHITECT-ENGINEEER CONTRACTS

3040.1 An independent University estimate of the cost of architect-engineer services shall be prepared by or under the direction of the CCO before commencing negotiations for each proposed contract or contract modification estimated to exceed one hundred thousand dollars ($100,000).

3040.2 Access to information concerning the University estimate shall be

limited to University personnel whose official duties require knowledge of the estimate. The overall amount of the University’s estimate shall not be disclosed except as permitted by this section.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3041 NEGOTIATIONS OF ARCHITECT-ENGINEER CONTRACTS

3041.1 The CCO shall first attempt to negotiate a contract with the highest rated qualified firm for the required services at a price which the CCO determines in writing to be fair and reasonable to the University.

3041.2 The CCO shall inform the firm that no construction contract may be awarded to the firm that designed the project, except as provided in Section 3030.1

3041.3 The CCO shall ensure that the firm has a clear understanding of the scope of work, specifically, the essential requirements involved in providing the required services, and shall determine whether the firm will make available the necessary personnel and facilities to perform the services within the required time.

3041.4 The CCO shall limit the firm’s subcontracting to firms agreed upon during negotiations or through a formal contract modification.

3041.5 If a mutually satisfactory contract cannot be negotiated, the CCO shall notify the firm in writing that negotiations are terminated. The CCO shall then initiate negotiations with the next rated qualified firm on the list. This procedure shall continue until a mutually satisfactory contract has been negotiated.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3042 RELEASE OF INFORMATION

3042.1 After final selection has taken place under the CCO may release information identifying the highest rated architect-engineer firm with which a contract will be negotiated.

3042.2 If negotiations are terminated without awarding a contract to the highest rated firm, the CCO may release that information and state that negotiations will be undertaken with another named architect-engineer.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3043 LIABILITY FOR DESIGN ERRORS OR DEFICIENCIES

3043.1 The architect-engineer firm shall be responsible for the professional quality, technical accuracy, and coordination of all services required under its contract. The firm shall be liable to the University for costs resulting from errors or deficiencies in designs furnished under its contract.

3043.2 When modification of a construction contract is required because of an error or deficiency in the services provided under an architect-engineer contract, the CCO shall determine the extent to which the architect-engineer may be liable.

3043.3 If the CCO determines that the firm is liable, and the recoverable cost will exceed the administrative cost involved or collection is otherwise in the best interests of the University, the CCO shall initiate procedures to collect the amount due.

3043.4 The CCO shall prepare a written statement of the reasons for the decision whether or not to recover costs from the firm and place in the contract file.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3044 DESIGN WITHIN FUNDING LIMITATION

3044.1 The University may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiations between the firm and the CCO.

3044.2 In negotiating the funding limitation amount, the CCO shall make available to the firm the information upon which the University has based its initial construction estimate and subsequently acquired information that may affect the construction costs.

3044.3 If the price of construction proposed in response to a University solicitation exceeds the construction specified dollar funding limit in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation.

3044.4 Any redesign services required by Section 3045 shall be performed at no increase in price or extension to the project schedule identified by the architect-engineer (A/E) contract, unless the cost of proposed construction is based on circumstances beyond the A/E firm’s reasonable control.

3044.5 If an architect-engineer firm’s design fails to meet the contractual limitation on construction cost and the CCO determines that the firm should not redesign the project, the CCO shall place a written statement of the reasons for that determination in the contract file.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3045 REDESIGN RESPONSIBILITY FOR DESIGN ERRORS OR DEFICIENCIES

3045.1 The architect-engineer firm shall make necessary corrections at no cost to the University if the designs, drawings, specifications, or other items or services furnished by the firm contain any errors, deficiencies, or inadequacies.

3045.2 If the CCO does not require a firm to correct errors, the CCO shall include a written statement of the reasons for that decision in the contract file.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3046 ARCHITECT-ENGINEER PERFORMANCE EVALUATION

3046.1 The CCO shall prepare an architect-engineer performance evaluation report for contracts of more than twenty-five thousand dollars ($25,000) and may prepare a report for contracts less than twenty-five thousand dollars ($25,000).

3046.2 The CCO shall prepare a performance report after final acceptance of the work or after contract termination.

3046.3 If the CCO concludes that a firm’s overall performance is unsatisfactory, the CCO shall advise the firm in writing that a report of unsatisfactory performance is being prepared and shall state the basis for the report.

3046.4 If, after receiving the CCO’s report, the firm responds with any written comments, the CCO shall include them in the report, and consider them in resolving any alleged factual discrepancies, and make any appropriate changes in the report.

3046.5 The CCO shall review each performance report for accuracy and reasonableness.

3046.6 The CCO shall include the performance evaluation report in the contract file for at least three (3) years after the date of the report.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3047 CONTRACTING FOR SERVICES

3047.1 The University may obtain services from professional, non-professional, expert and consulting personnel on an individual or organizational basis when such services would be in the best interest of the University.

3047.2 The contracting officer shall ensure that the applicable provisions of the Service Contract Act of 1965 (41 U.S.C. §§351-358) and any applicable wage determinations are incorporated in accordance with federal regulations into all solicitations for services, to include services acquired as simplified procurements.

3047.3 Contracting for services shall not apply to the following:

(a) Personnel appointments and advisory committees;

(b) Personal service contracts;

Interagency governmental or cooperative agreements where the

work is being performed by District, Federal or State employees

or employees through cooperative agreements.

Services obtained under contracts below the simplified

procurement threshold and services incidental to supply contracts

also are excluded from the requirements of this section, except where

the Service Contract Act of 1965 (41 U.S.C. §§351-358) and any

applicable wage determinations are required.

3047.4 The University shall ensure good management practices and contract administration techniques are used regardless of the contracting method.

3047.5 The CCO shall ensure the following:

(a) Requirements for services are clearly defined and appropriate

performance standards are developed so that the agency’s requirements can be understood by potential offerors and that performance in accordance with contract terms and conditions will meet the agency’s requirements;

Service contracts are awarded and administered in a manner that

will provide the University its materials, supplies and services within budget and in a timely manner; and

ensure that inherently governmental functions are performed by District personnel.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).

8-B DCMR § 3048 BONDS, INSURANCE AND OTHE FINANCIAL PROTECTIONS

3048.1 The CCO has the discretion to require any types of security specified in this section for any solicitation or contract including the following:

Bid bonds or proposal bonds;

Performance or payment bonds for construction;

Performance or payment bonds or other security for non-construction contracts;

3048.2 The CCO shall consider the following factors in non-construction contracts:

Whether University property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (such as retention of salvaged material);

When a contractor sells assets to or merges with another business entity, whether the University (after recognizing the other entity as the successor in interest) needs assurance that it is financially capable;

Whether substantial progress payments are to be made before delivery of end items starts;

Whether the contract is for dismantling, demolition, or removal of improvements; or

Any other factors which might favor the use of security instruments to protect the best interests of the University.

3048.3 A payment security shall be required only when a performance security is required and the use of the payment security is in the best interests of the University.

3048.4 When a security is required by the University, the CCO may accept any of the following types of security:

A bond provided by a surety in accordance with Section 3049;

A certified check or irrevocable letter of credit issued by an insured financial institution in the equivalent amount of the security; or

United States government securities that are assigned to the University which pledge the full faith and credit of the United States;

Any other security determined by the CCO to be adequate.

3048.5 The CCO shall determine a contractor’s responsibility even though security has been or can be obtained.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3049 BID BONDS, PROPOSAL BONDS, AND OTHER SECURITY

3049.1 The CCO may require bid bonds, proposal bonds, and other security in connection with any solicitation, regardless of whether any payment or performance security will be required under the contract.

3049.2 When the University’s independent cost estimate for a construction contract is over one hundred thousand dollars ($100,000), the CCO shall require a Security Bond, unless the CCO determines that good cause exists to allow bidders to proceed without a Security Bond.

3049.3 The CCO may require a Security Bond when the University’s independent cost estimate for a construction project is less than one hundred thousand dollars ($100,000).

3049.4 When a Security Bond is required, the solicitation shall contain the following:

A statement that a Security Bond is required;

A statement that the Security Bond shall be effective for as long as the bid is required to remain effective;

Instructions to allow bidders to determine the amount of the required Security Bond.

3049.5 If a solicitation is cancelled, or if a bidder is permitted to withdraw a bid prior to award due to a mistake in the bid, the CCO shall take no action against the Security Bond.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3050 NONCOMPLIANCE WITH BID OR PROPOSAL SECURITY REQUIREMENTS

3050.1 If a bid or proposal fails to comply with the Security Bond requirements outlined in the solicitation, the CCO shall reject the bid or proposal. However, the CCO may accept the bid or proposal if the CCO determines in writing that both of the following apply:

The bid or proposal meets the criteria set forth in this section; and

Acceptance of the bid or proposal would be in the best interests of the University.

3050.2 If the amount of the Security Bond submitted by bidders or offerors, although less than that required by the solicitation for the maximum quantity or service, is sufficient for a quantity or service for which the bidder or offeror is otherwise eligible for award, the bid or proposal may be accepted. Any award to the bidder or offeror shall not exceed the quantity covered by the Security Bond.

3050.3 If the Security Bond becomes inadequate as a result of the correction of a mistake, the bid or proposal may be accepted if the bidder or offeror agrees to increase the Security Bond to the level required for the corrected bid or proposal.

3050.4 If the Security Bond is received late, and the receipt is waived in accordance with Subsection 3050.1 of this section, the bid or proposal may be accepted.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3051 PERFORMANCE AND PAYMENT SECURITY

3051.1 The CCO shall require a contractor to furnish performance and payment bonds or other security on any construction contract when the University’s independent cost estimate exceeds one hundred thousand dollars ($100,000). Performance or payment bonds (or other securities) shall be submitted by the deadline stated in the solicitation.

3051.2 The CCO may require a contractor to furnish a payment or performance bond or other security for any construction or non-construction contract, regardless of amount, when the CCO determines that the security is necessary to protect the University’s interests.

3051.3 The amount of the performance security shall be one hundred percent (100%) of the original contract price, unless the CCO determines that a lesser amount or percentage would be adequate to protect the University. The bidder or offeror shall furnish the security to the CCO as prescribed by this section.

3051.4 The CCO shall require additional performance security when a contract price is increased. The increase in performance security shall equal one hundred percent (100%) of the increase in the contract price, unless the CCO determines that a lesser amount or percentage is adequate to protect the University’s interests.

3051.5 When a contract is modified pursuant to the changes clause, the CCO may require additional performance security or payment security from the contractor in an amount determined reasonable by the CCO. If no performance or payment security was required, the CCO may require performance or payment security in an amount the CCO determines reasonable.

3051.6 The payment security shall be in an amount of not less than fifty percent (50%) of the total amount of the contract price.

3051.7 When a contract price is increased, the University may require additional payment security in an amount adequate to protect suppliers of labor material. However, in no event shall the amount of payment security fall below fifty percent (50%) of the increased contract price.

3051.8 When performance or payment security is required, the solicitation shall contain the following:

A statement that security is required;

The amount of the security expressed as a fixed amount or percentage of the contract price; and

The deadline for submitting the required security.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3052 INSURANCE

3052.1 When appropriate, the CCO shall require each contractor to obtain insurance for the risks to which the contractor and the University are exposed, except when the contract specifically relieves the contractor of liability for loss of damage to University property, or when the CCO determines that good cause exists to proceed without insurance.

3052.2 The CCO shall have the right to disapprove the purchase of any insurance coverage not in the best interests of the University.

3052.3 The CCO shall require insurance coverage from each contractor when the contractor shall have possession of or control of University property or when conditions of the contract make it necessary for the protection of the University.

3052.4 When the CCO requires a contractor to provide insurance coverage, the policies shall contain an endorsement that any cancellation or material change in the coverage or terms and conditions of the coverage shall not be effective unless the insurer or the contractor gives 30 days prior written notice of the cancellation or change to the University in the manner required by the CCO.

3052.5 When the CCO requires or approves insurance to cover loss of or damage to University property, the contractor shall provide this coverage either by acquiring separate insurance policies or including the existing policies coverage for these specific risks. The policies shall specifically include the University and the District of Columbia government as additional insureds.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3053 OPTIONS

3053.1 The CCO may include options in solicitations and contracts when it is in the University’s interests.

3053.2 The CCO shall ensure that the contracts with options specify the following, unless not appropriate to the needs of the University:

(a) The contract shall specify limits on the purchase of additional

materials, supplies or services, or the overall duration of the term of the contract, including any extension.

(b) The contract shall state the period within which the option may

be exercised.

adequate lead time to ensure continuous production.

3053.3 University contracts for the basic and option periods shall not exceed five (5) years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies.

3053.4 The CCO shall express options for increased quantities of materials, supplies, or services in terms of the following:

(a) Percentage of specific line items; or

(b) Increase in specific line items.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3054 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3055 SUBCONTRACTING

3055.1 The CCO may require his or her consent for the contractor to subcontract when the CCO determines that it would be in the best interest of the University.

3055.2 The requirement for consent to subcontract shall also apply to teaming arrangements and joint ventures.

3055.3 The CCO shall require consent to subcontract in those instances where approval of subcontracts is required by this chapter or this section.

3055.4 When a solicitation contains a requirement for consent to subcontract, before a contractor can enter into a subcontract, the contractor must submit to the CCO a written request for consent to subcontract and the CCO must grant consent in writing.

3055.5 The CCO may require, as part of an invitation for bids (IFB) or request for proposals (RFP), that each bidder or offeror responding to a solicitation include in its response a list of proposed subcontractors, teaming arrangements or joint ventures, a list of tasks or items which the bidder or offeror intends to subcontract, team or joint venture with.

3055.6 In determining whether to require consent to subcontract, the CCO shall consider the following:

The complexity of the work to be done under subcontracts, teaming arrangements or joint ventures;

The value of the subcontract, joint venture, teaming arrangement;

Whether the University’s interests can be adequately protected without requiring consent; and

Any other relevant factors.

3055.7 The CCO shall ensure that any requirements for consent to subcontract are included in the solicitation for the prime contract.

3055.8 After receipt of the contractor’s request for consent to subcontract, the CCO shall do the following:

Promptly evaluate the contractor’s request for consent to subcontract;

Obtain assistance in the evaluation from audit, pricing, technical, or other specialists as necessary;

Notify the contractor in writing of consent to subcontract or the withholding of consent to subcontract, including any changes or corrections required.

3055.9 The CCO’s consent to subcontract shall not constitute a determination of the acceptability of the subcontract terms, price or other allowability of costs unless the consent to subcontract specifies acceptance.

3055.10 The CCO shall not consent to subcontract in any of the following circumstances:

When the fee in a cost-reimbursement subcontract exceeds any applicable fee limitations;

When payment under the subcontract is on a cost-plus-a-percentage-of-cost basis;

When the CCO is obligated to deal directly with the subcontractor;

When the results of arbitration, judicial determination, or voluntary settlement between the prime contractor and subcontractor are made binding on the University; or

When the subcontract violates any statute or the provisions of these Rules.

3055.11 Prospective prime contractors shall be responsible for determining the responsibility of their subcontractors to include teaming arrangements and joint ventures.

3055.12 Determinations of prospective subcontractor responsibility may affect the University’s determination of the prospective prime contractor’s responsibility.

3055.13 The CCO may require a prospective prime contractor to provide written evidence of a prospective subcontractor’s responsibility.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3056 USE OF DISCRETIONARY FUNDING

3056.1 Monetary gifts, endowments, charitable donations and bequests made to the University from individual or corporate sources shall constitute discretionary funding and shall not be subject to the requirements of these regulations.

3056.2 The President or President’s designee shall develop a program for the use of discretionary funding that incorporates sound business decisions in the best interests of the University and shall be responsible for administering the University’s discretionary funding program.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3057 CONTRACTOR RESPONSIBILITY

3057.1 The CCO shall ensure that purchases are made from and contracts awarded to responsible contractors only.

3057.2 To be determined responsible, a contractor must, to the satisfaction of the CCO:

Have adequate financial resources to perform the contract or the ability to obtain them;

Be able to comply with the required delivery or performance schedule;

Have a satisfactory performance record;

Have a satisfactory record of integrity and ethics;

Have the necessary organizational experience, accounting, operational controls, technical skills, or the ability to obtain them;

Have the required production, construction and technical equipment and facilities, or the ability to obtain them; and

Be otherwise qualified and eligible to receive a contract award pursuant to applicable laws and regulations.

3057.3 The CCO shall not determine a prospective contractor or subcontractor responsible or non-responsible solely on the basis of a lack of relevant performance history.

3057.4 The CCO’s signing of a contract shall constitute a determination that a prospective contractor is responsible with respect to that contract.

3057.5 The CCO shall place a written determination in the contract file when a contractor is determined to be non-responsible.

3057.6 The CCO (or designee) in his or her sole discretion may enter a contractor’s or subcontractor’s plant or place of business in order to:

Inspect or test materials, supplies or services for acceptance by the University based on the terms of the contract;

Audit books or records, where the auditing function will be performed by a District or third-party auditor;

Investigate in connection with an action to debar or suspend an offeror or contractor from consideration of contracts; or

Conduct pre-award surveys or post-award compliance reviews of an offeror or contractor.

3057.7 Inspections and tests by the University shall not relieve the contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3058 CONTRACT ADMINISTRATION

3058.1 The CCO may delegate contract administration functions to a Contracting Officer’s Technical Representetive (COTR) who shall be appointed for each contract. The COTR shall be responsible for ensuring that materials, goods, and services are delivered to the University in accordance with specifications contained in the contract.

3058.2 The CCO may delegate the following functions to the COTR:

Determining the allowability, suspension or disapproval of costs;

Approving or disapproving of contractor invoices;

Reviewing and approving or disapproving the contractor’s requests for payments under progress payments or performance-based payment structures;

Allowing or disapproving University property administration;

Monitoring contractor performance to ensure the submission of deliverables;

Preparing evaluations of contractor performance;

Any other function relating to contract administration not expressly reserved by these rules to the President or President’s designee.

3058.3 The CCO may issue a stop-work order at any time to suspend work pending a decision by the President or President’s designee of the University.

3058.4 Stop-work orders shall include the following:

A description of the work to be suspended:

(b) Guidance to the contractor on any action taken to be taken on

any subcontracts; and

3058.5 As soon as feasible after a stop-work order is issued, but before its expiration, the CCO shall take appropriate action to do one of the following:

(a) Terminate the contract;

(b) Cancel the stop-work order; or

3058.6 The CCO shall include clauses in solicitations and contracts for Suspension of Work, Stop-Work Orders and University Delay of Work.

3058.7 At reasonable times and places, the University or its designated agent may audit the books and records of any contractor, subcontractor, prospective contractor, or prospective subcontractor which is related to any contract with the University when the University has reason to believe one of the following circumstances may exist:

A question as to the adequacy of accounting policies or cost systems;

A substantial change in the methods or levels of operation;

Previous unfavorable experience indicating doubtful reliability of estimating, accounting or procurement methods;

A lack of cost experience due to the procurement of a new supply or service; or

Other evidence that an audit is in the University’s best interests as determined by the CCO.

3058.8 Books or records shall be maintained by a contractor or subcontractor for a period of three (3) years from the date of final payment.

3058.9 When the CCO requires an audit of a University contractor, the University may procure the services of an independent certified public accountant (CPA) firm to perform the audit or audit review. The audit or audit review shall be conducted in accordance with generally accepted accounting principles, and shall include any tests necessary to render a CPA firm’s opinion on the fairness of the contractor’s financial presentation.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3059 NOVATION AND CHANGE-OF-NAME AGREEMENTS

3059.1 The University may, when it is in its interest, recognize a third party as a successor in interest to a University contract when the third party’s interest results from the transfer of:

All of the contractor’s assets; or

The entire portion of the assets involved in performing the contract.

3059.2 If a contractor wants the University to recognize and approve a successor in interest to its contracts or a name change, the contractor shall submit a written request to the CCO, and the CCO shall:

Advise the contractor of the information necessary to evaluate the proposed agreement provided by the University for recognizing the successor in interest or the name change.

Ensure that the proposed contractor is responsible in accordance with Section 3057.

Consult with legal counsel in determining the legal sufficiency of the information submitted by the contractor before approving the successor in interest or name change.

3059.3 After legal sufficiency approval, the CCO shall:

Forward a signed copy of the executed novation agreement to the transferor and the transferee; and

Retain a copy in the contract file.

Prepare a contract modification to all applicable contracts and incorporate a copy of the novation agreement.

Distribute a copy of the modification to the transferor and the transferee.

3059.4 A novation agreement is not necessary when there is a change in the ownership of a contractor based on the purchase of stock, with no legal change in the contracting party, and when the contracting party remains in control of the assets and is the party performing the contract.

3059.5 The CCO shall address and consider all issues related to the change in ownership before approving a novation agreement.

3059.6 When it is not in the University’s interest to concur in the transfer of a contract from one company to another company, the original contractor shall remain under contractual obligation to the University, and the contractor may be terminated for default if the original contractor fails to perform.

3059.7 The CCO shall identify and evaluate any organizational conflicts of interest before recognizing and approving a successor in interest to a University contract.

3059.8 The contractor shall submit any documentation required by the CCO and in a manner determined by the CCO to support the proposed novation agreement to include:

The purchase/sale agreement between the transferor and transferee;

A list of all affected contracts between the transferor and the University as of the date of the sale or transfer of assets;

Detailed evidence of the transferee’s ability to perform; and

Any other relevant information required to protect the University’s interest.

3059.9 When recognizing a successor in interest to a University contract, the CCO shall execute a novation agreement with the transferor and transferee which shall include a statement that:

(a) The transferee assumes all the transferor’s obligations under the

contract;

(b) The transferor waives all rights under the contract against the University;

(c) The transferor guarantees the transferee’s performance (a performance bond may be accepted in lieu of a guarantee); and

(d) Nothing in the agreement shall relieve the transferee from compliance with Federal or District law.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).

8-B DCMR § 3060 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3061 CONTRACT TERMINATION

3061.1 The CCO shall terminate contracts for default or convenience only by written notice to the contractor. The CCO shall have the discretion to determine the manner in which the written termination notice is sent to the contractor.

3061.2 The CCO may terminate contracts for default or convenience in

whole or in part.

3061.3 The termination notice shall state:

The contract is being terminated for default or for convenience of the University under the University’s termination clause;

The effective date of the termination;

The extent of the termination; and

Any special instructions to the contractor.

3061.4 The CCO shall have the discretion to amend or cancel a termination when it is in the best interest of the University.

3061.5 The CCO shall develop clauses for contractor default and University convenience terminations to be included in all University solicitations and contracts.

3061.6 The CCO shall develop termination procedures for fixed-price and cost-reimbursement type contracts.

3061.7 The University shall negotiate and enter into settlement agreements for contracts terminated for convenience.

3061.8 After receipt of the convenience termination notice, the contractor shall:

Stop work immediately on the terminated portion of the contract;

Terminate all subcontracts related to the terminated portion of the contract;

If partial termination, perform the portion of the contract not terminated and promptly submit any request for equitable adjustment of price for the continued portion, supported by any evidence to justify the increase in price, if applicable.

Settle outstanding liabilities resulting from the termination of subcontracts or other commitment related to the terminated portion of the contract; and

Promptly submit the contractor’s own settlement proposal with supporting documentation to the CCO.

3061.9 The CCO shall include all termination notices and actions taken as a result of a termination in the contract file.

3061.10 A subcontractor has no privity of contract or contractual rights against the University upon the termination of a prime contract.

3061.11 When a prime contract is terminated, the prime contractor and each subcontractor are responsible for the prompt settlement of their settlement proposals.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3062 CONTRACT MODIFICATIONS

3062.1 Only the CCO or other University contracting officer acting within the scope of their authority shall have the authority to modify University contracts.

3062.2 The CCO or other University contracting officer shall have the authority to issue only two types of modifications:

(a) Bilateral; or

(b) Unilateral.

3062.3 A bilateral modification (also called a supplemental agreement) requires the signature of the contractor and the contracting officer and is used to:

Make negotiated equitable adjustments resulting from a change

order;

Definitize letter contracts; and

Incorporate other agreements of the parties modifying the terms and conditions of the contract.

3062.4 A unilateral modification requires only the signature of the contracting officer and is used to:

Make administrative changes;

Issue change orders;

Make changes other than changes authorized by the changes clause; and

Issue termination notices.

3062.5 The CCO shall develop clauses for changes, limitation of funds and limitation of costs to be included in all solicitations and contracts when applicable.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3063 CONTRACTS REVIEW COMMITTEE

3063.1 The Contracts Review Committee shall consider protests, disputes, appeals, debarment and suspension decisions made by the CCO.

3063.2 The President shall appoint the Chairperson of the Committee. Decisions shall be made by a simple majority vote.

3063.3 The Contracts Review Committee shall consist of three (3) voting members: The Chairperson appointed by the President (or designee), the President, and one (1) University employee not involved in the decision on appeal appointed by the Chairperson.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3064 DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES

3064.1 Debarment and suspension shall be imposed on University contractors only when it is in the best interest of the University and not for punitive purposes and only for the causes set forth in this Section.

3064.2 The CCO shall utilize the excluded parties list of contractors declared ineligible under federal laws and regulations applicable to the District of Columbia in making contract award decisions.

3064.3 The CCO shall develop and maintain a current, comprehensive list of all contractors that have been debarred, suspended or declared ineligible.

3064.4 The CCO shall utilize the federal government consolidated list of debarred, suspended or otherwise ineligible contractors until the University’s list is developed.

3064.5 The consolidated list shall include the following:

The names and addresses of all debarred, suspended, or ineligible contractors with cross references when more than one (1) name is involved in a single action;

The cause for each action, along with statutory or regulatory authority;

The scope of the action;

In the case of ineligible contractors, the name of the federal agency or other authority responsible for the action, and the name and telephone number of the point of contact for the action; and

The termination date of each listing.

3064.6 The CCO shall not solicit offers from, award contracts to, or consent to subcontract with a debarred or suspended contractor.

3064.7 A contractor designated as ineligible shall be excluded from receiving contracts and subcontracts under the conditions and for the period set forth in the applicable statute or regulation.

3064.8 The CCO may continue contracts or subcontracts in existence at the time a contractor is debarred, suspended or determined ineligible, unless the CCO determines in writing that the existing contracts or subcontracts should be terminated to protect the best interests of the University for any of the reasons set forth in these regulations.

3064.9 The CCO shall not exercise an option to renew or otherwise extend a current contract with a debarred, suspended or otherwise ineligible contractor, unless the CCO approves the action in writing.

3064.10 In any subcontract requiring University consent, the CCO shall not consent to the award of a subcontract to any debarred, suspended or otherwise ineligible contractor unless the CCO approves the award, in writing, based on compelling reasons in the best interest of the University.

3064.11 The CCO may debar a contractor for any of the following reasons:

Conviction of, or civil judgment for, commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;

Conviction of, or civil judgment for, violation of any federal, state or District of Columbia statute relating to the submission of offers (bids, proposals or quotations);

Conviction of, or civil judgment for, commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

Conviction of, or civil judgment for, commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor or subcontractor;

Violation of the terms of a University contract or subcontract so serious as to justify debarment, such as willful failure to perform any University contract; a history of failure to perform, or a record of unsatisfactory past performance on any University, District or federal contract; or

Any other cause of a serious or compelling nature that affects the present responsibility of the contractor or subcontractor.

3064.12 Debarment shall include debarment of all divisions or other organizational elements of the contractor, unless the CCO determines that good cause exists to debar only certain specified organizational units of the contractor.

3064.13 The CCO may extend the debarment decision to include any affiliates, subsidiaries, or parents of the contractor by specifically naming the affiliate and giving the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of this Section.

3064.14 Debarment shall be for a period not to exceed three (3) years based on the seriousness of the cause(s) of debarment. The debarment period begins on the date the contractor receives the notice of proposed debarment.

3064.15 If suspension precedes debarment, the suspension period shall be considered in determining the debarment period.

3064.16 If the CCO decides to impose a debarment, the contractor and any applicable affiliates shall be given prompt notice of the debarment by written notice in a manner determined appropriate by the CCO. The notice shall include the following:

A reference to the notice of proposed debarment;

The reasons for the proposed debarment;

The effective date and length or period of the proposed debarment;

A statement that the proposed debarment is effective throughout the University’s contracting system; and

Notice to the proposed debarred contractor of its rights to administrative review as provided in 3064.17 through 3064.22 of this Section.

3064.17 Any contractor intending to appeal the CCO’s proposed debarment or suspension shall appeal to the Contracts Review Committee within ten (10) calendar days of receipt of the CCO’s decision to debar or suspend the contractor.

3064.18 The CCO shall submit a report outlining the proposed debarment or suspension action for the review of the Contracts Review Committee. The Contracts Review Committee may hold an informal hearing within ten (10) calendar days of receipt of the contractor’s appeal and request for a hearing, unless such time period is extended by the Committee.

3064.19 The Contracts Review Committee shall issue a final decision within forty-five (45) calendar days after receiving the contractor’s appeal. The Contracts Review Committee may issue a decision without a hearing.

3064.20 Each contractor intending to file an appeal of the Contracts Review Committee’s decision shall file an appeal with the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the contractor shall file the appeal within ten (10) calendar days after the contractor receives a written decision from the Contracts Review Committee.

3064.21 The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

3064.22 The CAB shall have exclusive jurisdiction to hear and decide appeals from written decisions of the Contract Review Committee.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (March 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).

8-B DCMR § 3065 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3066 PROTESTS

3066.1 All protests by interested parties shall be filed in writing and submitted to the CCO. For protest purposes, an “interested party” means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

3066.2 A protestor shall file the protest within seven (7) working days after the protestor knew or should have known, whichever is earlier, of the facts and circumstances upon which the protest is based.

3066.3 The University shall not consider protests filed after seven (7) working days. The CCO shall issue a written decision on the protest within ten (10) working days after receipt of the protest.

3066.4 Each protest filed with the CCO shall identify the solicitation or contract number and shall include the name, address and phone number of the protestor.

3066.5 The protest shall provide a concise discussion of the grounds of the protest and a specific request for a ruling from the CCO. The protest shall include an original signed by the protestor or its representative.

3066.6 The protestor or representative shall serve the protest on the University by obtaining written and dated receipt from the President or President’s designee.

3066.7 The University may request additional information in support of the protest.

3066.8 When a protest is timely filed with the University prior to an award, the University shall withhold the award of the contract, pending a decision on the protest, unless the President or the President’s designee overrides the automatic stay.

3066.9 If applicable, the University may request bidders or offerors, before expiration of the time for acceptance of their bid or offer, to extend the time for acceptance to avoid the need for a resolicitation.

3066.10 The protestor may appeal the written decision of the CCO within ten (10) working days after receipt of the written decision to the Contracts Review Committee.

3066.11 The Contracts Review Committee shall issue a written decision within thirty (30) calendar days after receipt of the appeal. Any failure by the Contracts Review Committee to issue a written decision within the thirty (30) calendar days shall constitute a denial of the protest and shall authorize the contractor to appeal the protest to the Contract Appeals Board.

3066.12 Upon written request of the protestor, an informal hearing may be held at the sole discretion of the Contracts Review Committee.

3066.13 Each protestor intending to appeal the Contracts Review Committee’s decision shall file an appeal to the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the protestor shall file the appeal within ten (10) working days after the protestor receives a written decision from the Contracts Review Committee.

3066.14 The CAB shall have exclusive jurisdiction to hear and decide protests and appeals from written decisions of the Contracts Review Committee.

3066.15 The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3067 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3068 DISPUTES AND CLAIMS

3068.1 The University shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement informal discussions between the contractor and CCO.

3068.2 The CCO is encouraged to use Alternative Dispute Resolution (ADR) procedures whenever possible, however, certain factors may make the use of ADR inappropriate.

3068.3 Any dispute arising under or relating to a contract which is not resolved by informal discussions shall be resolved in accordance with this Section.

3068.4 The CCO shall include a Disputes clause in each solicitation and contract that provides for resolution of disputes in accordance with the provisions of this Section.

3068.5 A routine request for payment that is not in dispute when submitted is not a claim under these Regulations. A contractor’s submission or request may be converted to a claim under this Section by the contractor complying with the submission and certification requirements of this Section if it is disputed or is not acted upon in a reasonable time.

3068.6 A contractor’s claim shall be submitted in writing to the CCO for a written decision. The CCO or designee shall hold informal discussions with the contractor in an attempt to resolve contract disputes.

3068.7 A claim by the University against the contractor shall be subject to a written decision by the CCO.

3068.8 For contractor claims exceeding one hundred thousand dollars ($100,000), the contractor shall submit with the claim a certification that:

The claim is made in good faith;

Supporting data are accurate and complete to the best of the contractor’s knowledge and belief;

The amount requested accurately reflects the contract adjustment for which the contractor believes the University is liable; and

The person signing the certification is authorized to act on behalf of the contractor.

3068.9 The contractor’s certification shall be executed by the authorized individual of the contractor.

3068.10 When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CCO shall prepare a written decision, which must be approved for legal sufficiency by the University’s legal counsel, within forty-five (45) calendar days of receipt of the contractor’s claim. The CCO’s written decision shall do the following:

Grant or deny the claim, in whole or in part;

Give reasons for the CCO’s written decision; and

Inform the contractor of the right to seek further redress by requesting reconsideration from the Contracts Review Committee.

3068.11 A failure of the CCO to issue a decision within forty-five (45) calendar day period shall be deemed a decision by the CCO denying the claim and authorizes the contractor to file an appeal with the Contracts Review Committee.

3068.12 If applicable, the contractor may file an appeal from the CCO’s final decision with the Contracts Review Committee, within ten (10) calendar days from receipt of the CCO’s written decision.

3068.13 The Contracts Review Committee may conduct an informal hearing and issue a decision for claims of one hundred thousand dollars ($100,000) or less within thirty (30) calendar days of receipt of the contractor’s appeal.

3068.14 For claims over one hundred thousand dollars ($100,000), the Contracts Review Committee may conduct an informal hearing and issue a written decision within forty-five (45) calendar days after receiving the contractor’s appeal.

3068.15 If a decision will not be issued by the Contracts Review Committed within forty-five (45) calendar days, the CCO shall notify the contractor as to when a decision will be issued.

3068.16 The Contracts Review Committee’s decision shall advise the contractor of the right to appeal its decision to the District of Columbia Contract Appeals Board.

3068.17 The CAB shall have exclusive jurisdiction to hear and decide appeals from final decisions of the Contracts Review Committee.

3068.18 The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

3068.19 If the contractor is unable to support any part of claim and there is evidence of fraud or misrepresentation on the part of the contractor, the CCO shall refer the matter to the District of Columbia Inspector General.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3069 ALTERNATIVE DISPUTE RESOLUTION

3069.1 The CCO may use Alternative Dispute Resolution (ADR) procedures to increase the opportunity for inexpensive and expeditious resolution of issues that are in dispute.

3069.2 The elements of ADR shall include:

Existence of an issue in dispute;

Both parties agree to participate in the ADR process;

Both parties agree to use alternative dispute procedures; and

Participation of high-level officials from both parties who have the authority to involve the issue in controversy.

3069.3 ADR procedures may be used at any time that the CCO has the authority to resolve the issue in dispute.

3069.4 If a claim has been submitted, ADR procedures may be applied to all or a portion of the claim.

3069.5 An agreement to use ADR shall be in writing and shall specify a maximum award that may be used by the arbitrator.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3070 RESERVED.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3071 STANDARD CLAUSES, PROVISIONS AND PROCUREMENT

MANUAL

3071.1 The CCO shall develop standard provisions and clauses for all University solicitations and contracts as appropriate to the solicitation and contract under the circumstances, and as required by these Rules.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B DCMR § 3099 DEFINITIONS

When used in this Chapter, the following words and terms shall have the meanings ascribed:

Best and Final Offer (BAFO) - An offeror’s final proposal revision containing its best technical and price/cost offer as revised following negotiation of the offeror’s original proposal.

Bidder - A firm or individual who submits a bid in response to an

Invitation for Bids or a Request for Quotations.

Bond – A written instrument executed by a bidder or contractor and a

second party (the “surety” or “sureties”), to assure fulfillment of the

principal’s obligations to a third party (the obligee or University), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, for any loss sustained by the obligee.

Brand Name Description - A description that identifies a product by its

brand name and model or part number or other appropriate nomenclature

by which the product is offered for sale.

Claim – A written demand or written assertion by one of the contracting

parties seeking, as a matter of right, the payment of money in a sum

certain, the adjustment or interpretation of contract terms, or other relief

arising under or relating to a contract.

Commercial Item - Any item, other than real property, that is used by

the general public for other than governmental purposes and that

has been sold, leased, or licensed to the general public.

Competitive Process - The process of obtaining offers (including bids

and quotes) from two or more sources for products or services so that the

desired items may be obtained at the lowest overall cost or best value.

Contracting Officer - A person with the authority to enter into, administer and/or terminate contracts.

Consent to Subcontract – The CCO’s written consent for the prime

contractor to enter into a specific subcontract.

Construction – The process of altering, repairing or improving an

existing or building a new facility.

Corporate Surety – A corporation licensed under District insurance laws

which, under its charter, has legal power to act as surety for others.

Contracting Officer’s Technical Representative (COTR) - The person

responsible for the technical aspects of a requirement including

monitoring contractor performance.

Debarment – Action taken by the CCO to exclude a contractor from University contracting and approved subcontracting for a specified period of time.

Delivery Order - An order for materials or supplies placed against established contracts which have been awarded by the University. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of materials or supplies and the place of delivery to be determined.

Executed – Transactions that are agreed to and signed by both parties.

Full and Open Competition - The competitive process where multiple

responsible sources are permitted to compete for a contract award.

Individual Surety – A person who is liable for the entire penal amount of

the bond.

Informal Hearing – A hearing with no formal rules of evidence, which

may be performed by written correspondence.

Insurance – A contract that provides that, for a stipulated consideration,

the insurer undertakes to indemnify the insured party against risk of loss,

damage, or liability resulting from an unknown or contingent event.

Market Research – Collecting and analyzing information about

capabilities within the market to satisfy University requirements.

Minor Informality or Irregularity – A minor error or irregularity that

is merely a matter of form and not of substance. It also pertains to some

immaterial defect in an offer that can be corrected or waived without being

prejudicial to other offerors.

Notice of Intent to Award – A written notice to the apparent awardee advising of intent to award the contract contingent upon the execution of required bonds and the formal contract, and the obtaining of all necessary approvals.

Offeror - A firm or individual who submits a proposal in response to a

Request for Proposals. The terms “bidder” and “offeror” are sometimes

used interchangeably in the procurement process.

Payment Bond - A bond that ensures payment as required by law to all persons supplying labor or material in the performance of work required by the contract.

Performance Bond – A bond that secures performance and fulfillment of the contractor’s obligations under the contract.

Penal Sum or Penal Amount – The amount of money specified in a security (or a percentage of the bid price in a bid security) as the maximum payment for which the surety is obligated.

Plans and specifications – Drawings, text, and other descriptions of the physical or functional characteristics required for and preliminary to the contract or construction project.

Protest – A claim by an interested party that the solicitation or the award of the contract or the failure to award the contract was or is contrary to law and that the action or inaction by the University affects the direct economic interests of the interest party.

Request for Proposals (RFPs) - An instrument used in negotiated

procurements to communicate the University’s requirements to prospective offerors and to solicit proposals. The term solicitation is used

interchangeably with RFP.

Request for Qualifications - An instrument used to solicit

qualifications from interested sources with the intent of pre-qualifying

those sources to participate in a future solicitation.

Statement of Work - The section of the contract and solicitation that

describes the actual work to be accomplished when Competitive Sealed

Proposals are used.

Subcontract – A contract between a prime contract (or a subcontractor) and a subcontractor to furnish materials, supplies, or services for performance of a part of a prime contract or another subcontract, including, but not limited to, purchase orders, and changes and modifications to purchase orders. A subcontract also means a joint venture or teaming arrangement.

Subcontractor – A supplier, distributor, vendor, or firm that furnishes

materials, supplies, or services to or for a prime contractor or another subcontractor.

Task Order - An order for services placed against established contracts which have been awarded by the University or other authorized source of supply. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of services and the place of performance to be determined.

Technical Evaluation - The process that is used to evaluate technical proposals submitted by offerors in response to a University solicitation.

Technical Evaluation Panel - A group of individuals who are responsible

for evaluating the technical proposals submitted by offerors.

Termination for Convenience – The exercise of the University’s right to partially or wholly terminate contractor performance when it is in the University’s interest.

Termination for Default - Exercise of the University’s right to partially or wholly terminate contractor performance because of contractor’s actual or anticipated failure to perform its contractual obligations.

University of the District of Columbia or University System of the District of Columbia – The independent agency of the District of Columbia established by the Post-Secondary Education Reorganization Act of 1974 and all organizational units thereof, including, but not limited to, the flagship four-year institution, community college, cooperative extension service, and law school components.

History

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010).

8-B31 CONTRACT ADMINISTRATION AND MANAGEMENT [REPEALED]

8-B DCMR § 3100 DELEGATION OF CONTRACTING AUTHORITY

3100.1 The President of the University may re-delegate the procurement authority delegated under §3100.5 by the Board of Trustees, to officers and employees of the University, in accordance with the provisions of this chapter.

3100.2 The Director of Procurement shall be the chief contracting officer for the University, and shall be authorized to appoint contracting officers from among the employees of the University, in accordance with the provisions of this chapter.

3100.3 The Director of Procurement may delegate all or any part of the procurement authority delegated to him or her by the President to each contracting officer appointed under this chapter.

3100.4 Each delegation and modification of delegated contracting authority shall be in writing and shall set forth any limitations on each individual contracting officer's authority.

3100.5 Each contract in excess of one million dollars ($1,000,000), including any modification of an existing contract that would increase the value of that contract above this limit, shall be subject to approval by the Board of Trustees prior to execution. If a contract award is not approved by the- Board, the solicitation shall be re-issued.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3101 CONTRACTING OFFICERS

3101.1 Each contracting officer appointed under this chapter is authorized to enter into, administer, and terminate contracts on behalf of the University.

3101.2 A contracting officer may bind the University only to the extent of the contracting authority set forth in a written delegation of authority executed in accordance with the provisions of §3100 of this chapter.

3101.3 A contracting officer shall make all determinations and findings required under this title to be made by a contracting officer for each solicitation or contract for which he or she is responsible.

3101.4 A contracting officer shall not enter into a contract unless the contracting officer has ensured that all requirements of District law, the provisions of chapters 30 through 35 of this title, applicable federal statutes and rules, and all other applicable procedures (including approvals) have been met.

3101.5 A contracting officer shall have wide latitude to exercise business judgment.

3101.6 Termination of a contracting officer's appointment by the Director of Procurement shall be in writing unless the written delegation or modification of contracting authority provides for the automatic termination or expiration of that authority. No termination shall operate retroactively.

3101.7 When a person to whom contracting authority has been delegated (a contracting officer) is transferred, detailed, or otherwise changes job titles or his or her employment position at the University, or if the person's employment with the University is terminated for any reason, the delegation of contracting authority shall be automatically terminated. If the person is to be a contracting officer in his or her new position, a new delegation of authority shall be made in writing.

3101.7 The Director of Procurement shall maintain a file of all delegations, modifications, and terminations of contracting authority.

3101.8 The Director shall ensure that each contracting officer is thoroughly familiar with all conflict of interest and other employee conduct provisions of the rules of the University and other applicable District laws and regulations .

3101.9 A contracting officer shall report suspected improper or unlawful conduct to the Director of Procurement. Suspected violations of antitrust laws and identical bids shall be reported in accordance with the provisions of §1007 of the D. C. Procurement Regulations.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3102 CONTRACT REVIEW

3102.1 The Director of Procurement and the General Counsel shall perform contract review and approval in accordance with this section.

3102.2 Prior to the negotiation of a contract, the Director of Procurement and the General Counsel shall review and approve or disapprove each determination and findings ("D&F") justifying procurement from a sole source or procurement on an emergency basis .

3102.3 The Director of Procurement shall ensure that sufficient unencumbered budget authority is available for obligation for each contract, in accordance with procedures consistent with the procedures set forth in §3240 of chapter 32 of the D . C. Procurement Regulations .

3102.4 Prior to the award of a contract, the President, or the President's designee, and the General Counsel shall review and approve or disapprove each of the following:

(a) A proposed award to other than the apparent low bidder in a procurement by competitive sealed bids ;

(b) A proposed award to other than the highest scored offeror in a procurement by competitive sealed proposals; and

3102.5 The President may require that solicitations or contracts of particular types or above specified dollar amounts must be approved by the President, or the President's designee, prior to solicitation, award, or execution.

3102.6 Each contract in excess of twenty-five thousand dollars ($25,000), including any modification of an existing contract that would increase the value of that contract above this limit, shall be subject to legal review and approval by the General Counsel prior to execution.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3103 EXECUTION OF CONTRACTS

3103.1 Except as provided in §3103.2, only a contracting officer who has been duly appointed and is exercising authority properly delegated under this chapter is authorized to enter into and sign a contract on behalf of the University.

3103.2 The following provisions of chapter 12 of the D.C. Procurement Regulations ("DCPR"), relating to contract execution and contract distribution shall apply to procurement by the University:

(a) DCPR chapter 12, §§1200.2 through 1200.7;

(b) DCPR chapter 12, §§1201.1 through 1201.5; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3104 CONTRACT FILES

3104.1 The Director of Procurement shall be responsible for establishment of contract files containing the records of each of the following:

(a) Each solicitation including canceled solicitations;

(b) All bids and proposals received;

(d) Contract payments.

3104.2 The documentation in each contract file shall be sufficient to constitute a complete history of the transaction, in accordance with §1203.2 of chapter 12 of the D.C. Procurement Regulations.

3104.3 Each bid or proposal file shall be kept for a minimum of three (3) years, and shall contain the following information:

(a) The invitation (IFB) or request (RFP) number;

(b) The bid or proposal opening and closing dates;

(d) The names of bidders or offerors contacted and the nature of the contact, as well as, the names of all bidders or offerors that respond to the solicitation; and

(e) The prices bid or proposed.

3104.4 In addition to the requirements of §3104.3, any other information required for bid or proposal evaluation also shall be entered into the abstract or record and be available for public inspection upon request.

3104.5 The following provisions of chapter 12 of the D C . Procurement Regulations ("DCPR") relating to contract files and the physical completion of contracts shall apply to procurement by the University:

(a) DCPR chapter 12, §1203.2;

(b) DCPR chapter 12, §§1203.4 through 1203.8;

(d) DCPR chapter 12, §1205.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3105 DETERMINATIONS AND FINDINGS

3105.1 The following provisions of chapter 12 of the D . C . Procurement Regulations ("DCPR") relating to determinations and findings ("D&F") shall apply to procurement by the University:

(a) DCPR chapter 12, §§1206.1 through 1206.7;

(b) DCPR chapter 12, §1207; and

3105.2 The provisions of §1206.8 of the DCPR shall not apply to procurement by the University. Wherever certification of a determination and findings is required under this title or the DCPR, the D&F shall be certified by the Director of Procurement.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3106 PROCUREMENT PLANNING

3106.1 Procurement planning for the University shall be conducted under the direction of the Director of Procurement with the cooperation of the various divisions of the University.

3106.2 The provisions of §1210 of the D.C. Procurement Regulations may be used for guidance by the Director in conducting procurement planning.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3107 POSTAWARD ORIENTATION

3107.1 The provisions of §1211 of the D.C. Procurement Regulations shall govern the use of postaward orientation by contracting officers of the University.

3107.2 The provisions of §§1212 and 1213 of the D.C. Procurement Regulations shall govern the use and conduct of postaward conferences, including postaward conferences with subcontractors, by contracting officers of the University.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3108 INDIRECT COST RATES AND DISALLOWANCE OF COSTS

3108.1 The Director of Procurement is authorized to establish indirect cost rates in accordance with the provisions of §1215 of the D.C. Procurement Regulations ("DCPR").

3108.2 The Director may utilize indirect cost rates established for any contractor by the Director of the D. C. Department of Administrative Services.

3108.3 The following provisions of chapter 12 of the D. C. Procurement Regulations relating to the disallowance of costs and the disallowance of incurred costs shall apply to procurement by the University:

(a) DCPR chapter 12, §1216; and

(b) DCPR chapter 12, §1217.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3109 NOVATION AND CHANGE OF NAME AGREEMENTS

3109.1 Except as provided in §3109.2, the provisions of §1220 of chapter 12 of the D.C. Procurement Regulations relating to novations and change of name agreements shall apply to procurement by the University.

3109.2 Pre-execution review of novations and change of name agreements, as required in §§1220.5 and 1220.8 of the D . C . Procurement Regulations, shall be conducted by the General Counsel to the University.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3110 PROCUREMENT INFORMATION HOTLINE

3110.1 The Director of Procurement (the "Director") may use the contract information hotline established by the Department of Administrative Services ("DAS") under an agreement for use of the hotline made with the Director, DAS .

3110.2 If the University does not enter into an agreement for use of the D.C. Procurement Hotline, or if the Procurement Hotline is discontinued, the Director of Procurement may establish a contract information hotline for the University.

3110.3 If a hotline is used or established, the following information shall be provided by prerecorded message to callers:

(a) The title of the invitation for bid, or other identifying information on the contract;

(b) The nature of the procurement, including whether the procurement is for supplies or services ;

(c) A brief description of the type of supplies or services being sought and whether the offer is for spot acquisition or term contract ;

(d) The amount of deposit required, if any;

(e) Whether the contract is restricted to the sheltered market or is available to the open market;

(f) The date and time by which bids or requests for proposals must be submitted and the place for submission;

(g) Where and when further information on the contracts may be obtained; and

(h) Any other information that the Director of Procurement considers appropriate and practicable.

3110.4 The information described in §3110.3 shall be updated at intervals that the Director considers appropriate and practicable.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3111 MATERIAL MANAGEMENT INFORMATION SYSTEM

3111.1 In accordance with §202(e) of the D.C. Procurement Practices Act of 1985, D.C. Code, §1-1182.2 (the "Act"), the Director of Procurement shall ensure that a material management information system ("MMIS") is established by the University, and that this MMIS is compatible with the reporting system required under §202(d) of the Act, in accordance with rules issued by the Mayor which specify MMIS reporting formats, minimum levels of information, and other data concerning procurement operations and compliance with applicable law.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3112 PUBLICIZING CONTRACT ACTIONS

3112.1 The Director of Procurement shall give notice of the solicitation for bids or proposals for each contract with an estimated price of more than ten thousand dollars ($10,000) in accordance with the provisions of §3202 of chapter 32 of this title (sealed bid procurement) or §3304 of chapter 33 of this title (sealed proposal procurement), whichever is applicable, except as provided in otherwise in §3112.4.

3112.2 The Director or a contracting officer may provide for additional advertisement of solicitations by using any of the following methods:

(a) Displaying copies or summaries of a solicitation on bulletin boards in the contracting office and other public places;

(b) Mailing a copy of a solicitation to prospective bidders or offerors on a solicitation mailing list; or

(c) Sending copies of notices or summaries of solicitations to organizations that maintain, without charge to the public or to subscribers, display rooms for the benefit of prospective bidders, offerors, subcontractors, and suppliers.

3112.3 The Director of Procurement shall submit notices of contract awards for contracts over ten thousand dollars ($10,000) to the Department of Administrative Services for publication in the "District of Columbia Procurement Digest."

3112.4 The requirements for public notice of solicitations shall not apply to the following :

(a) Sole source procurement under chapter 34 of this title;

(b) Emergency procurement under chapter 34 of this title;

(d) Procurement of technical and professional services where a waiver has been granted under §3304.5 of chapter 33 of this title.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3199 DEFINITIONS

3199.1 The definitions of terms and phrases set forth in §3099 of chapter 30 of this title shall apply to this chapter.

3199.2 The definitions of terms and phrases set forth in §1299 of chapter 12 of the D. C. Procurement Regulations, where those terms and phrases are not defined in §3099 of chapter 30 of this title, shall apply to this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B32 PROCUREMENT BY COMPETITIVE SEALED BIDS [REPEALED]

8-B DCMR § 3200 SEALED BID PROCUREMENT

3200.1 A contracting officer shall solicit goods and services using the competitive sealed bid process set forth in this chapter whenever all of the following requirements are met:

(a) The contracting officer estimates the overall value of the contract to be ten thousand dollars ($10,000) or more;

(b) Specifications for the requirement can be prepared that will permit the award of a contract solely on the basis of the lowest bid price or the lowest evaluated bid price;

(d) There is no public emergency requiring the use of an abbreviated procurement procedure.

3200.2 An invitation for bids ("IFB") shall be used to solicit goods and services under the competitive sealed bid process.

3200.3 Information concerning proposed acquisitions shall not be released outside the University before solicitation, except for pre-solicitation notices.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3201 INVITATION FOR BIDS

3201.1 Each invitation for bids ("IFB") shall include the following:

(a) Instructions and information concerning the requirements for submission of bids, including the time and date set for receipt of the bids and the opening of bids;

(b) The purchase description, delivery or performance schedule, and any special instructions necessary;

(d) A statement indicating whether award will be made on the basis of the lowest bid price or the lowest evaluated bid price, whichever is applicable;

(e) Representations, certifications, and other statements of bidders; and

(f) Evaluation factors for award, such as any price related factors other than the bid price.

3201.2 Each IFB shall state whether an award will be made on the basis of the lowest bid price or the lowest evaluated bid price. If the lowest evaluated bid price is the basis for award, the objective measurable criteria to be used shall be set forth in the IFB.

3201.3 Each IFB shall require written acknowledgment by each bidder of the receipt of all amendments, addenda, and changes issued.

3201.4 Postage or envelopes bearing "postage and fees paid" indicia shall not be distributed with the IFB or otherwise supplied to prospective bidders .

3201.5 The contracting officer shall thoroughly review each IFB before issuance to detect and correct discrepancies or ambiguities that could limit competition or result in the receipt of nonresponsive bids.

3201.6 The contracting officer shall prepare an IFB using a uniform contract format, unless a special contract format is approved by the Director.

3201.7 The uniform contract format shall contain the following in the order specified:

(a) The solicitation and contract form prescribed by the Director;

(b) A description of the supplies, services, or other items, including quantities and prices ;

(c) Any description or specifications necessary to permit identification of the requirement and promote maximum competition;

(d) Packaging, packing, preservation, and marking requirements;

(e) Inspection, acceptance, quality assurance, and reliability requirements ;

(f) Requirements for time, place, and method of delivery or performance;

(g) Requirements for accounting and appropriation data and any required contract administration information;

(h) Special contract requirements ;

(i) Contract clauses or provisions required by law or this title;

(j) A list of documents, exhibits, and other attachments ;

(k) Representations, conditions, and notices to bidders; and

(l) Evaluation factors for award, including price related factors other than bid price.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3202 PUBLIC NOTICE OF INVITATIONS FOR BIDS

3202.1 The contracting officer shall provide for adequate public notice of each invitation for bids. Notice shall be given at a sufficient time before the date set forth in the notice for the opening of bids . In no event shall the notice required in this subsection be less than thirty (30) calendar days.

3202.2 The notice required under §3202.1 shall be published in at least one (1) of the following:

(a) A newspaper of general circulation;

(b) A trade publication considered appropriate by the Director of Procurement; or

3202.3 The Director of Procurement may submit notice of each IFB to the Department of Administrative Services for inclusion on the D. C. Procurement Hotline.

3202.4 When a solicitation mailing list is available for a particular requirement, invitations for bids or notices of the availability of IFB's shall be mailed or otherwise furnished to a sufficient number of potential bidders for the purpose of obtaining competition, in accordance with the requirements of §3210 of this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3203 TIME FOR SUBMISSION OF BIDS

3203.1 The contracting officer shall provide a reasonable time for prospective bidders to prepare and submit bids in all IFB's, consistent with the needs of the University, but in no event less than the thirty (30) days required for public notice under §3202.

3203.2 When establishing a reasonable bidding time, the contracting officer shall consider the following factors:

(a) The degree of urgency of the need for the procurement;

(b) The complexity of the procurement requirements;

(d) The normal mailing time for both invitations and bids.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3204 BID REQUIREMENTS

3204.1 Each bid shall be based upon specifications contained in the invitation for bids ("IFB").

3204.2 Each bid shall be typewritten or written legibly in ink.

3204.3 Each material erasure or alteration shall be initialed by the signer in ink.

3204.4 Each bid, except for telegraphic bids, shall be signed in ink.

3204.5 Each bid, except for telegraphic or facsimile bids, shall be submitted in an envelope that clearly indicates that it contains a bid and identifies the IFB

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3205 TELEGRAPHIC AND FACSIMILE BIDS

3205.1 The Director may authorize submission of telegraphic bids or submission of bids by facsimile ("FAX") only if the date for opening of bids will not allow bidders sufficient time to submit bids in the prescribed form, or if prices are subject to frequent changes.

3205.2 Telegraphic and FAX bids shall contain the following:

(a) Specific reference to the IFB;

(b) The items, quantities, and prices for which the bid is submitted;

(d) A statement that the bidder agrees to all the terms, conditions, and provisions of the IFB

3205.3 If submission of telegraphic or FAX bids is authorized, a telegraphic or FAX bid received by the designated office not later than the time set for opening of bids shall be considered.

3205.4 Telegraphic bids or FAX bids shall not be considered unless specifically permitted in the IFB

3205.5 The bidder shall be responsible for obtaining a confirmation from the University of the transmission of a bid by FAX.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3206 BID SAMPLES

3206.1 If the bidder is required to furnish bid samples, the requirement for bid samples shall be stated in the IFB.

3206.2 The contracting officer shall not require bidders to furnish bid samples unless the characteristics of the product cannot be described adequately in the specifications or purchase description.

3206.3 Bid samples shall be used only to determine the responsiveness of the bid and shall not be used to determine a bidder's ability to produce the required items.

3206.4 The contracting officer shall reject a bid as nonresponsive if a bid sample fails to conform to each characteristic listed in the IFB

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3207 DESCRIPTIVE LITERATURE

3207.1 If the bidder is required to furnish descriptive literature, this requirement shall be stated in the IFB.

3207.2 The contracting officer shall not require bidders to furnish descriptive literature unless the contracting officer needs it to determine before award whether the products offered meet the IFB specifications or to establish more precisely what each bidder proposes to furnish.

3207.3 Unsolicited descriptive literature that is not required in the IFB shall not be considered as qualifying the bid and shall be disregarded.

3207.4 If descriptive literature is required, the contracting officer shall include a written statement of the reasons why product acceptability cannot be determined without submission of descriptive literature and shall include the document in the contract file.

3207.5 If descriptive literature is to be required, the IFB shall clearly identify the following:

(a) The type or contents of the descriptive literature that is required to be furnished;

(b) The purpose for which the literature is required;

(d) The rules that will apply if a bidder falls to furnish the required literature before bid opening or if the literature furnished does not comply with the requirements of the IFB.

3207.6 The contracting officer may waive the requirement for furnishing descriptive literature if either of the following occurs :

(a) The bidder states in the bid that the product being offered is the same as a product previously or currently being furnished to the University; or

(b) The contracting officer, on the advice of technical personnel, determines that the product offered by the bidder complies with the specification requirements of the current IFB .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3208 RECORDS OF INVITATIONS FOR BIDS AND BIDS

3208.1 The Director of Procurement ("Director") shall retain a file of each IFB issued by the University and each abstract or record of bids.

3208.2 The file for each IFB shall include the following:

(a) The name and address of each prospective bidder on a solicitation mailing list to which the IFB was sent and additional prospective bidders that were sent copies of the IFB upon request;

(b) The name of each publication in which notice of the IFB was published and the date of each publication; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3209 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3210 SOLICITATION MAILING LISTS

3210.1 The Director of Procurement shall establish solicitation mailing lists to ensure access to adequate sources of supplies and services, except when the requirements of the University can be obtained within the local trading area through use of the small purchase procedures or are non-recurring.

3210.2 All eligible businesses that have submitted solicitation mailing applications , or that the contracting officer considers capable of filling the requirements of a particular acquisition, shall be placed on the appropriate solicitation mailing list.

3210.3 Prospective bidders shall be notified that they have been placed on a solicitation mailing list.

3210.4 An applicant shall be notified if it is not put on a solicitation mailing list and the reasons why the application was rejected.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3211 REMOVAL OF NAMES FROM SOLICITATION MAILING LISTS

3211.1 A business that fails to respond to solicitations set forth in three (3) consecutive IFB's for similar items may be removed by the Director from the applicable mailing list, but only for the items involved in the IFB

3211.2 In individual cases, prospective bidders that fail to respond may be retained on a list if retention is in the best interests of the University.

3211.3 Prospective bidders that have been debarred or suspended from University contracts, or otherwise determined to be ineligible to receive awards, shall be removed from solicitation mailing lists to the extent required by the debarment, suspension, or any other determination of ineligibility.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3212 REINSTATEMENT ON SOLICITATION MAILING LISTS

3212.1 Prospective bidders that have been removed from solicitation mailing lists may be reinstated by the Director upon request or by filing a new application.

3212.2 No debarred or suspended bidder shall be reinstated on a solicitation mailing list during the period of a debarment or suspension.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3213 EXCESSIVELY LONG MAILING LISTS

3213.1 Solicitation mailing lists shall be used to promote competition commensurate with the dollar value of the proposed contract.

3213.2 The fact that less than an entire mailing list is used shall not preclude furnishing of bid sets to other prospective bidders, upon request, or consideration of bids received from bidders to whom the IFB was not mailed or delivered.

3213.3 If the number of bidders on a mailing list is excessive in relation to a specific procurement, the list may be reduced by either of the following methods :

(a) Rotation of lists or using a different portion of a list for separate procurements; or

(b) Using pre-solicitation notices instead of initially forwarding complete bid sets.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3214 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3215 PRE-BID CONFERENCES

3215.1 The contracting officer may use a pre-bid conference to explain the procurement requirements of an IFB.

3215.2 Each pre-bid conference shall be announced to all prospective bidders in the IFB.

3215.3 The pre-bid conference shall be held as early as possible after the IFB has been issued and before the bids are opened.

3215.4 Nothing stated at a pre-bid conference shall change the IFB. All changes in an IFB shall be made by written amendment.

3215.5 The contracting officer shall inform all participants at the pre-bid conference that statements made at the conference are explanatory only and do not operate to qualify or modify the IFB. All participants shall also be informed that the IFB and specifications will remain unchanged unless a formal written amendment is issued by the contracting officer.

3215.6 The contracting officer shall prepare a written report of the conference and shall supply a copy of the report to each prospective bidder who requests a copy in writing, including prospective bidders that did not attend the pre-bid conference. Nothing set forth in this report shall change the IFB.

3215.7 The report of the pre-bid conference shall be a public document.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3216 AMENDMENT OF INVITATION FOR BIDS

3216.1 Each amendment to an IFB shall be identified as an IFB amendment. The contracting officer shall require each bidder to acknowledge receipt of all IFB amendments issued.

3216.2 If it becomes necessary to make changes in quantity, specifications, delivery schedules, opening dates, or other terms of an IFB, or to correct a defective or ambiguous IFB, the change shall be accomplished by a written amendment to the IFB.

3216.3 Each amendment shall specifically reference the section or provision of the IFB amended.

3216.4 The contracting officer shall send each IFB amendment to all prospective bidders to which an IFB has been furnished.

3216.5 The contracting officer shall distribute each amendment within a reasonable time to allow all prospective bidders to consider the information before submitting or modifying their bids.

3216.6 If, due to the issuance of an IFB amendment, the time and date for receipt of bids set in the original IFB would not permit preparation of the bid, the contracting officer may increase the time for submission of the bids. Notice shall be given to prospective bidders in the amendment, to the extent possible, or, if necessary, by telegram, facsimile, or telephone and confirmed in the amendment.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3217 CANCELLATION OF INVITATIONS FOR BIDS BEFORE OPENING

3217.1 An IFB shall not be canceled unless the Director determines in writing that cancellation is in the best interests of the University.

3217.2 If an IFB is canceled, all bids that have been received shall be returned unopened to the bidders.

3217.3 The contracting officer shall send a notice of cancellation to all prospective bidders to which IFB's were issued.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3218 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3219 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3220 SUBMISSION OF BIDS: GENERAL PROVISIONS

3220.1 To be considered for award, a bid shall be required to comply in all material respects with the IFB.

3220.2 Each bid shall be filled out, executed, and submitted in accordance with the instructions in the IFB.

3220.3 Each bid shall be submitted so that it will be received in the office designated in the IFB not later than the exact date and time set as the deadline for receipt of bids in the IFB (the "deadline"), in accordance with §3222 of this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3221 MODIFICATION OR WITHDRAWAL OF BIDS

3221.1 A bid may be modified or withdrawn by written, telegraphic, or facsimile ("FAX") notice received in the office designated in the IFB not later than the exact deadline date and time set for receipt of bids.

3221.2 If a bid is withdrawn in accordance with this section, any bid security received by the University shall be returned to the bidder.

3221.3 All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate contract file.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3222 LATE BIDS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

3222.1 Offerors shall submit bids, and any modifications, so that they will reach the University Office of Procurement, or other office designated in the IFB for receipt of bids, before the deadline date and time set forth in §3222.2.

3222.2 Unless the invitation for bids states another specific time, bids are due in the University Office of Procurement, or other place designated in the IFB for receipt of bids, no later than 2:00 p .m. on the date bids are due.

3222.3 Any bid received at the place designated in the IFB after the deadline date and time set for receipt of bids shall be considered a "late" bid unless it is received prior to the contract award and either of the following applies:

(a) The bid was sent by registered or certified mail not later than five (5) calendar days before the bid receipt deadline date specified; or

(b) The bid was sent by mail (or telegram or FAX if authorized) and the contracting officer determines that the late receipt was due solely to mishandling by the University after receipt at the location specified in the IFB.

3222.4 Any request for withdrawal or request for modification received after the deadline date and time set for receipt of bids at the place designated for receipt of bids shall be considered late.

3222.5 The following information shall, if available, be included in the University files with respect to each late bid, late modification of a bid, or late withdrawal of bid:

(a) A statement of the date and hour of mailing, filing, or delivery;

(b) A statement of the date and hour of receipt;

(c) A written determination, with supporting facts, why the late bid, late modification, or late withdrawal was or was not considered;

(d) A statement of the disposition of the late action; and

(e) The envelope, or other covering, if the late bid or modification was considered.

3222.6 The only acceptable evidence to establish the date of a late bid, late modification, or late withdrawal sent either by registered or certified mail shall be U. S . or Canadian Postal Service postmark on the wrapper or on the original receipt if from the U. S . or Canadian Postal Service. If neither postmark shows a legible date, the bid, modification, or withdrawal shall be deemed to have been mailed late . When the postmark shows the date but not the hour, the time is presumed to be the last minute on the date shown. If no date is shown in the postmark, the bid shall be considered late unless the bidder can furnish evidence from the postal authorities of timely mailing.

3222.7 A late bid, a late request for modification of a bid, or a late request for withdrawal of a bid shall not be considered, except as provided otherwise in this section.

3222.8 A late modification of a successful bid which makes its terms more favorable to the University shall be considered at any time it is received and may be accepted.

3222.9 A late bid, late modification of bid, or late withdrawal of bid that is not considered for award shall be held unopened, unless opened for identification, until after award and then it shall be retained with unsuccessful bids.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3223 NOTICE TO BIDDERS OF LATE ACTIONS

3223.1 If a bid, modification of bid, or withdrawal of bid is received late, and it is clear from available information that the bid cannot be considered, the contracting officer shall promptly notify the bidder.

3223.2 If a late bid, late modification of bid, or late withdrawal of bid is transmitted by registered or certified mail and is received before award, but it is not clear from available information whether it can be considered, the contracting officer shall promptly notify the bidder.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3224 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3225 RECEIPT AND SAFEGUARDING OF BIDS

3225.1 All bids and bid modifications received before the time set for the opening of bids shall be kept secure.

3225.2 Except as provided in §3225.8, all bids shall remain unopened in a locked box or safe.

3225.3 Necessary precautions shall be taken to ensure the security of the bid box or safe.

3225.4 If an IFB is canceled, the bids shall be returned to the bidders.

3225.5 Before bid opening, information concerning the identity and number of bids received shall be made available only to University employees directly involved in the procurement process, and then only as required in the execution of their duties.

3225.6 When bid samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before bid opening.

3225.7 Each bid shall be marked with the date and time of receipt.

3225.8 Envelopes marked as bids which do not identify the bidder or the solicitation may be opened solely for the purpose of identification or to determine whether a bidder is eligible to bid, and then only by an official designated for this purpose.

3225.9 A person who opens a sealed bid by mistake, or for the reasons set forth in §3225.8, shall sign the envelope opened, indicate the person's position, and deliver it to the contracting officer. The contracting officer shall immediately write the following on the envelope and then sign and re-seal the envelope:

(a) An explanation of the opening;

(b) The date and time opened; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3226 OPENING OF BIDS

3226.1 Bids and modifications shall be opened publicly, at the time, date, and place designated in the IFB The bids shall be tabulated or a bid abstract made.

3226.2 The name of each bidder, the bid price, and other information that is deemed appropriate shall be read aloud or otherwise made available. This information shall be recorded at the time of bid opening.

3226.3 Examination of bids by interested persons may be permitted if it does not interfere unduly with the conduct of University business or violate the provisions of chapter 42 of the D. C. Procurement Regulations.

3226.4 The original copy of the bid may be examined by the public only under the immediate supervision of a University official and under conditions that preclude the possibility of a substitution, addition, deletion, or alteration of the bid.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3227 POSTPONEMENT OF BID OPENING

3227.1 The contracting officer may postpone a bid opening until after the time scheduled for bid opening under the following circumstances:

(a) If the contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mail for causes beyond the control of bidders without fault or negligence, such as flood, fire, accident, weather conditions, or strikes ; or

(b) If unanticipated events interrupt normal governmental processes so that the conduct of bid openings as scheduled is impractical.

3227.2 At the time of a decision to postpone a bid opening, an announcement of the decision shall be publicly posted. If practical, before the issuance of a formal amendment of the IFB, the decision shall be informally communicated to prospective bidders who are likely to attend the scheduled bid opening.

3227.3 When a bid opening is postponed, the time of actual bid opening shall be the time established in determining "late bids" or other late actions under the provisions of §3222.

3227.4 The contracting officer shall prepare a written memorandum for the file explaining the circumstances of the postponement.

3227.5 The contracting officer may proceed with the bid opening as soon as practical after the original scheduled time without prior amendment to the IFB or notice to bidders, whenever any delay incident to the issuance of the amendment or notice would not be in the best interests of the University.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3228 RECORDING OF BIDS

3228.1 A "bid abstract" form shall be completed and certified as to its accuracy by the contracting officer at a reasonable time after bid opening, but prior to contract award.

3228.2 The abstract information shall be made available for public inspection.

3228.3 If the IFB is canceled before the time set for bid opening, this fact shall be recorded together with a statement of the number of bids invited and the number of bids received.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3229 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3230 CANCELLATION OF AN INVITATION FOR BIDS AFTER OPENING

3230.1 An IFB may be canceled, or all bids rejected, only if the Director of Procurement (the "Director") determines in writing that the action taken is in the best interests of the University. If all bids have been rejected, the contracting officer shall cancel the solicitation

3230.2 Every effort shall be made to anticipate changes in the bid requirement before the date of bid opening and to notify all prospective bidders of any resulting modification or cancellation.

3230.3 After the actual opening of bids, the IFB shall not be canceled and re-solicited due solely to increased requirements for the items being procured. Award shall be made on the initial IFB and the additional quantity shall be treated as a new procurement.

3230.4 An IFB may be canceled and all bids rejected before award but after bid opening when the Director determines in writing that cancellation is in the best interests of the University for any reason, including the following:

(a) Inadequate or ambiguous specifications were cited in the IFB;

(b) Specifications have been revised;

(d) The IFB did not provide for consideration of all factors of cost to the University;

(e) Bids received indicate that the needs of the University can be satisfied by a less expensive article differing from that for which the bids were invited;

(f) Bids received substantially exceed funds allocated for the procurement;

(g) All otherwise acceptable bids received are at unreasonable prices, or only one (1) bid is received and the contracting officer cannot determine the reasonableness of the bid price, or no responsive bid has been received from a responsible bidder; or

(h) The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith.

3230.5 If administrative difficulties are encountered after bid opening which may delay award beyond the bidders' acceptance period, the several lowest bidders should be requested, before expiration of their bids, to extend the bid acceptance period (with consent of sureties, if any) in order to avoid the need for re-advertisement.

3230.6 If the Director has determined that an IFB is to be canceled, and that the use of the competitive sealed proposal process under chapter 33 is appropriate to complete the procurement, the contracting officer shall proceed in accordance with §3301 of chapter 33 of this title.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3231 REJECTION OF INDIVIDUAL BIDS

3231.1 Any bid that fails to conform to the essential requirements of the IFB is "nonresponsive" and shall be rejected.

3231,2 Any bid that does not conform to the applicable specifications shall be rejected as "nonresponsive, " unless the IFB has authorized the submission of alternate bids and the supplies offered as alternates meet the requirements specified in the IFB.

3231.3 A bid shall be rejected if it fails to conform to the delivery schedule or permissible extensions of the delivery schedule.

3231.4 A bid shall be rejected as "nonresponsive" if the bidder imposes conditions that would modify requirements of the IFB or limit the bidder's liability to the University. For example, a bid shall be rejected if the bidder does the following:

(a) Protects against future changes in conditions, such as increased costs, if total possible increased costs to the University cannot be determined;

(b) Fails to state a price and indicates that price shall be "price in effect at time of delivery" or words of equivalent meaning;

(c) States a price but qualifies it as being subject to "price in effect at time of delivery" or words of equivalent meaning;

(d) Unless authorized in the IFB, the bidder conditions or qualifies a bid by stipulating that it is to be considered only if, before date of award, the bidder receives (or does not receive) award under a separate solicitation; or

(e) Limits the rights of the University under any contract clause.

3231.5 A low bidder may be requested to delete objectionable conditions from its bid, so long as the conditions do not go to the substance, as distinguished from the form, of the bid or would give the bidder an unfair advantage over other bidders. A condition goes to the substance of a bid when it affects price, quantity, quality, or delivery of the items or services offered.

3231.6 Any bid may be rejected if the contracting officer determines in writing that the bid price is either unreasonably high or low.

3231.7 A bid received from any bidder that has been suspended, debarred, or is otherwise ineligible shall be rejected, unless the period of suspension, debarment, or ineligibility has expired before the bid opening date.

3231.8 If the contracting officer does not determine that a bidder is a responsible bidder, the contracting officer shall reject the bid submitted by that bidder.

3231.9 When a bid security is required, and a bidder fails to furnish the security in accordance with the requirements of the IFB , the rules set forth in §2701 of chapter 27 of the D. C. Procurement Regulations shall be applicable.

3231.10 The originals of all rejected bids, and any written findings with respect to the rejections, shall be maintained in the contract file.

3231.11 If the contracting officer determines that it is necessary to reject all bids, the contracting officer shall notify each bidder that all bids have been rejected and shall state the reason for the action.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3232 ALL OR NONE QUALIFICATIONS

3232.1 Unless the solicitation provides otherwise, a bid may be responsive even though the bidder specifies that award will be accepted only on all, or a specified group, of the items .

3232.2 Bidders shall not be permitted to withdraw or modify an "all or none" qualification after bid opening because "all or none" qualifications are substantive and affect the rights of other bidders.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3233 MINOR INFORMALITIES OR IRREGULARITIES IN BIDS

3233.1 Minor informalities or irregularities in bids may be waived if the contracting officer determines that the waiver is in the best interests of the University.

3233.2 The contracting officer may determine that the following, among others, are minor informalities or irregularities :

(a) When a bidder fails to return the number of copies of signed bids required by the IFB;

(b) When the bidder fails to furnish information concerning the number of its employees ;

(1) The unsigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid, referring to and clearly identifying the bid itself) ; or

(2) The firm submitting the bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature; submits evidence of that authorization; and the bid carries the proper typed, printed, or stamped signature.

(d) When the bidder fails to acknowledge receipt of an amendment to the IFB, but only if one (1) of the following applies:

(1) The bid received clearly indicates that the bidder received the amendment (such as where the amendment added another item to the IFB and the bidder submitted a bid on the item); or

(2) The amendment involves only a matter of form or has either no effect on merely a negligible effect on price, quantity, quality, or delivery of the item bid upon.

3233.3 When the bidder fails to provide timely certifications or information with respect to equal opportunity and affirmative action programs or other IFB requirements, the contracting officer may allow additional time for the submission to be made prior to the award.

3233.4 When it is in the best interests of the University, the contracting officer shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid, or the contracting officer may waive the informality .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3234 MISTAKES IN BIDS BEFORE AWARD

3234.1 After the opening of bids , the contracting officer shall examine each bid for mistakes.

3234.2 In cases of apparent mistakes and in cases where the contracting officer has reason to believe that a mistake may have been made, the contracting officer shall request from the bidder a verification of the bid and call attention to the suspected mistake.

3234.3 If the bidder alleges a mistake, the matter shall be processed before award in accordance with this section.

3234.4 The contracting officer may correct an apparent clerical mistake before award. If correction is allowed, the bid shall be corrected to the intended correct bid and may not be withdrawn.

3234.5 The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the IFB and shall not be used to permit correction of bids to make them responsive.

3234.6 If the mistake and the intended bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn

3234.7 A bidder may be permitted to withdraw a low bid in either of the following circumstances:

(a) If a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or

(b) If the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.

3234.8 When a bid is corrected or withdrawn, or correction or withdrawal is denied, the contracting officer shall prepare a determination showing that the relief was granted or denied in accordance with this section.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3235 MISTAKES IN BIDS AFTER AWARD

3235.1 If a mistake in a bid is not discovered until after award, the mistake may be corrected by contract amendment if correcting the mistake would be favorable to the University and can be accomplished without changing the essential requirements of the specifications.

3235.2 In addition to corrections authorized in §3235.1, or corrections that are otherwise authorized by law, if a mistake in a winning bid is not discovered until after an award is made, the Director shall take one (1) of the following actions:

(a) Rescind the contract;

(b) Reform the contract to delete the items involved in the mistake or reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original in IFB; or

3235.3 Recision and reformation actions under §§3235.2(a) and 3235.2(b) shall be taken only on the basis of clear and convincing evidence that the mistake was mutual, or was unilaterally made by the contractor and was so apparent as to have given the contracting officer notice of the probability of the mistake .

3235.4 The contracting officer shall include in the contract file a record of each determination made and action taken in accordance with this section, the facts involved, and the reasons for the action taken.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3236 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3237 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3238 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3239 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3240 BID EVALUATION

3240.1 The contracting officer shall determine whether a prospective contractor is responsible and whether the prices offered are reasonable.

3240.2 Prompt payment discounts shall not be considered in the evaluation of bids. However, any discount offered will form a part of the award and the discount will be taken by the University if payment is made within the discount period specified by the bidder.

3240.3 The contracting officer shall evaluate bids without discussions with bidders.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3241 CONTRACT AWARD

3241.1 Each contract shall be awarded to the responsible and responsive bidder whose bid meets the requirements set forth in the IFB, and is the lowest bid price or lowest evaluated bid price, considering only price and price related factors included in the IFB .

3241.2 A bid shall not be evaluated for any criterion that is not disclosed in the IFB.

3241.3 Award shall not be made until all required approvals have been obtained.

3241.4 The contracting officer shall make a contract award by written notice within the time for acceptance specified in the bid or an extension.

3241.5 A contract shall be deemed to have been awarded on the date that the contracting officer signed the contract.

3241.6 Following an award, a record showing the basis for determining the successful bidder shall be made a part of the contract file.

3241.7 The contracting officer shall use firm-fixed-price contracts when the competitive sealed bidding process is used. Fixed-price contracts with economic price adjustment clauses may be used if authorized by the Director of Procurement.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3242 ECONOMIC PRICE ADJUSTMENT

3242.1 If a solicitation does not contain an economic price adjustment clause, but a bidder proposes an adjustment clause with a ceiling that the price will not exceed, the bid shall be evaluated on the basis of the maximum possible economic price adjustment of the quoted base price.

3242.2 If a bid received with an unsolicited economic price adjustment clause is eligible for award, the contracting officer shall request the bidder to agree to the inclusion in the award of an economic price adjustment clause, approved by the Director, that is subject to the same ceiling. If the bidder will not agree to an approved clause, the award may be made on the basis of the bid as originally submitted.

3242.3 A bid that contains an economic price adjustment with no ceiling shall be rejected unless a clear basis for evaluation exists.

3242.4 If an IFB contains an economic price adjustment clause and no bidder takes exception to the provisions, bids shall be evaluated on the basis of the quoted prices without the addition of the allowable economic price adjustment.

3242.5 If a bidder increases the maximum percentage of economic price adjustment stipulated in the IFB or omits the downward economic price adjustment provisions of the IFB, the bid shall be rejected as nonresponsive.

3242.6 If a bidder decreases the maximum percentage of economic price adjustment stipulated in the IFB, the bid shall be evaluated at the base price on an equal basis with bids that do not reduce the stipulated ceiling. However, after evaluation, if the bidder offering the lower ceiling is in a position to receive the award, the award shall reflect the lower ceiling.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3243 RESOLVING TIE BIDS

3243.1 Contracts shall be awarded in the following order by priority when two (2) or more low bids are equal in all respects:

(a) A business that is more than fifty percent (50%) owned and managed by graduates of the University;

(b) A minority business certified by the Office of Human Rights and Minority Business Development ("OHR/MBD") ;

(d) Other businesses.

3243.2 Notwithstanding the requirements of §3243.1, when the imposition of a penalty pursuant to D. C. Law 6-116 results in equal lowest price evaluation between bidders with business interests in the Republic of South Africa or Namibia and a bidder who does not have these business interests, the contract shall be awarded to the bidder with no business interests in the Republic of South Africa or Namibia.

3243.3 If two (2) or more bidders remain equally eligible for award, award shall be made by a drawing by lot limited to those bidders .

3243.4 The drawing shall be witnessed by at least three (3) persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

3243.5 If an award is made by using the priorities in this section, the contracting officer shall include a written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3244 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3245 INFORMATION TO BIDDERS

3245.1 Written notice of award shall be sent to the successful bidder.

3245.2 Notice of award shall be made available to the public.

3245.3 Notices of awards of all contracts of ten thousand dollars ($10,000) and above shall be forwarded to the "District of Columbia Procurement Digest."

3245.4 The contracting officer shall notify unsuccessful bidders promptly that their bids were not accepted, and shall return any bid security furnished with the unsuccessful bids to the unsuccessful bidders.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3246 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3247 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3248 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3249 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3250 TWO-STEP SEALED BIDDING

3250.1 The two-step sealed bidding method may be used for procurements requiring technical proposals, particularly those for complex items.

3250.2 The two-step sealed bidding method shall be conducted as follows:

(a) The first step consists of solicitation of technical proposals, - evaluation of proposals, and (if necessary) discussion of the proposals; and

(b) The second step involves the submission of sealed priced bids by those who submitted acceptable technical proposals in step one.

3250.3 The contracting officer shall not request, and the bidder shall not submit, price or price information in step one.

3250.4 The contracting officer shall determine the acceptability of the supplies or services offered through clarification and discussion, if necessary, relating to technical proposals.

3250.5 Bids submitted shall be evaluated and awards made in accordance with the provisions of this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3251 CONDITIONS FOR USE OF TWO-STEP SEALED BIDDING

3251.1 Two-step sealed bidding may be used in preference to competitive sealed bids and proposals when all of the following conditions are present:

(a) Available specifications or purchase descriptions are not definite or complete or may be too restrictive without technical evaluation, and any necessary discussion, of the technical aspects of the requirement to ensure mutual understanding between each source and the University;

(b) Definite criteria exist for evaluating technical proposals;

(d) Sufficient time will be available for use of the two-step method; and

(e) A firm-fixed-price contract or a fixed-price contract with economic price adjustment will be used.

3251.2 None of the following shall preclude the use of two-step bidding:

(a) Multi-year contracting;

(b) The fact that University-owned facilities may be made available to the successful bidder; or

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3252 STEP ONE: SOLICITING TECHNICAL PROPOSALS

3252.1 A request for technical proposals shall be publicized and distributed in accordance with §3202 of this chapter and shall include, at least, the following:

(a) A clear written statement that the University intends to use the two-step method and that the request for technical proposals is the first step in a two-part process;

(b) A description of the supplies or services required;

(d) The evaluation criteria; and

(e) The date and hour by which the proposal must be received.

3252.2 Each request for technical proposals shall also contain the following statements:

(a) A statement that the technical proposals shall not include prices or pricing information;

(b) A statement that in the second step only bids based upon those technical proposals determined to be acceptable, either initially or as a result of discussions, will be considered for awards and that each bid in the second step must be based on the prospective bidder's own technical proposals;

(c) A statement that prospective bidders should submit proposals that are acceptable without additional explanation or information, that the contracting officer may make a final determination regarding the acceptability of the proposal solely on the basis of the proposal as submitted, and that the University may proceed with the second step without requesting further information from any prospective bidder; Provided, that the contracting officer may request additional information from those who submit proposals that he or she considers reasonably susceptible of being made acceptable and may discuss proposals with these potential bidders;

(d) A statement that a notice of unacceptability will be forwarded to the prospective bidder upon completion of the proposal evaluation-and final determination of unacceptability; and

(e) A statement either that only one (1) technical proposal may be submitted by each prospective bidder or that multiple technical proposals may be submitted.

3252.3 When specifications permit different technical approaches, multiple proposals may be authorized if it would be in the best interests of the University.

3252.4 The request shall indicate that information in the technical proposal on delivery or performance is not binding on the University, and that the actual delivery or performance requirements will be contained is the IFB issued under step two.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3253 RECEIPT AND EVALUATION OF STEP ONE PROPOSALS

3253.1 Upon receipt, the contracting officer shall do the following:

(a) Safeguard proposals against disclosure to unauthorized persons;

(b) Accept and handle data with restrictive disclosure procedures in accordance with Chapter 31 of the D . C . Procurement Regulations ; and

3253.2 The contracting officer shall establish a time period for evaluating technical proposals. The period may vary with the complexity and the number of proposals received.

3253.3 Evaluations shall be based on the criteria in the request for technical proposals without consideration of responsibility.

3253.4 Proposals shall be categorized as one (1) of the following:

(a) Acceptable;

(b) Reasonably susceptible of being made acceptable; or

3253.5 Any proposal which modifies or fails to conform to the essential requirements or specifications of the request for technical proposals shall be considered nonresponsive and categorized as unacceptable.

3253.6 The contracting officer may proceed directly with step two if there are a sufficient number of acceptable proposals to ensure adequate price competition under step two, and if further time, effort, and delay to make additional proposals acceptable and thereby increase competition would not be in the best interests of the University.

3253.7 If it is not in the best interests of the University to proceed directly with step two, the contracting officer shall request prospective bidders whose technical proposals may be made acceptable to submit additional clarifying or supplemental information.

3253.8 If discussions are held, the contracting officer shall identify the nature of the deficiencies in the technical proposal or the nature of the additional information required.

3253.9 No technical proposal shall be discussed with any prospective bidder other than the prospective bidder submitting the technical proposal.

3253.10 When requesting additional information, the contracting officer shall fix an appropriate time for prospective bidders to conclude discussions, if any, to submit all additional information, and to incorporate that additional information as part of their proposals.

3253.11 The time for completing the actions under §3253. 10 may be extended at the discretion of the contracting officer.

3253.12 If the additional information incorporated as part of a technical proposal within the final time fixed by the contracting officer establishes that the technical proposal is acceptable, it shall be so categorized. Otherwise, it shall be categorized as unacceptable.

3253.13 If a technical proposal is found unacceptable, either initially or after clarification, the contracting officer shall promptly notify the prospective bidder of the basis of the determination and notify the prospective bidder that a revision on of the proposal will not be considered.

3253.14 Upon written request, and as soon as possible after award, the contracting officer may debrief unsuccessful bidders.

3253.15 If it is necessary to discontinue two-step sealed bidding, the contracting officer shall include a statement of the facts and circumstances in the contract file.

3253.16 Each prospective bidder shall be notified in writing of the discontinuance of two-step sealed bidding.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3254 STEP TWO PROCEDURES

3254.1 The competitive sealed bidding procedures set forth in this chapter shall be followed except as follows

(a) An IFB shall be issued only to those prospective bidders that submitted acceptable technical proposals in step one;

(b) The IFB shall prominently state that the bidder shall comply with the specifications and the bidder's technical proposal; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3299 DEFINITIONS

3299.1 The definitions of terms and phrases set forth in §3099 of chapter 30 of this title shall apply to this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B33 PROCUREMENT BY COMPETITIVE SEALED PROPOSALS [REPEALED]

8-B DCMR § 3300 USE OF COMPETITIVE SEALED PROPOSALS

3300.1 A contract which does not meet the requirements for the use of competitive sealed bids under the provisions of §3200.1 of chapter 32 of this title shall be awarded by using competitive sealed proposals, except the following :

(a) Contracts that are awarded in compliance with the sole source or emergency procurement provisions of chapter 34; and

(b) Contracts which qualify for use of small purchase procedures under the provisions of chapter 35.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3301 SOLICITATION OF PROPOSALS

3301.1 The contracting officer shall use a request for proposals ("RFP") to communicate the University's requirements to prospective contractors when the competitive sealed proposals ("CSP") method is used. Each RFP shall conform to the uniform contract format specified in §3201 of chapter 32 of this title.

3301.2 The contracting officer shall issue a written solicitation which contains all information necessary to enable prospective offerors to prepare proposals properly.

3301.3 The contracting officer shall furnish identical information about a proposed procurement to all prospective offerors receiving the RFP.

3301.4 University personnel shall not provide advance knowledge or information about a future solicitation to any prospective offeror.

3301.5 Except for solicitations for information or planning purposes, the contracting officer shall not solicit proposals unless there is a definite intention to award a contract.

3301.6 The contracting officer shall establish, maintain, and use lists of potential sources.

3301.7 Before issuing a solicitation, the contracting officer shall develop an estimate of the reasonable price level or value of the supplies or services to be purchased.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3302 PRESOLICITATION NOTICES AND CONFERENCES

3302.1 Presolicitation notices and conferences may be used as preliminary steps in procurement by competitive sealed proposals in order to accomplish any of the following:

(a) Develop or identify interested prospective offerors ;

(b) Request preliminary information based on a general description of the supplies or services involved;

(d) Aid prospective offerors in later submitting proposals without undue expenditure of effort, time, and money.

3302.2 If presolicitation notices are used the contracting officer shall prepare and issue each notice to prospective offerors and shall publicize the notice in a newspaper of general circulation and any trade publication deemed appropriate by the Director of Procurement.

3302.3 A presolicitation notice shall include the following:

(a) A description of the information to be furnished in the response;

(b) An indication whether the notice will be followed by a conference and a formal solicitation; and

3302.4 In complex procurement, the presolicitation notice may request information pertaining to management, engineering, and production capabilities.

3302.5 The contracting officer shall furnish copies of the solicitation to all those responding affirmatively to the presolicitation notice and to other prospective offerors upon request.

3302.6 A presolicitation conference may be used only when approved by the contracting officer.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3303 SOLICITATIONS FOR INFORMATION AND PLANNING PURPOSES

3303.1 When information necessary for planning purposes cannot be obtained from prospective offerors by more economical and less formal means, the contracting officer may determine in writing that a solicitation for information and planning purposes is justified. If this determination is approved by the Director of Procurement, the contracting officer shall then issue the solicitation.

3303.2 A contracting officer shall not use a formal RFP as a solicitation for information or planning purposes.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3304 PUBLIC NOTICE OF REQUESTS FOR PROPOSALS

3304.1 The contracting officer shall provide for adequate public notice of the request for proposals to be given at a sufficient time before the date set forth in the notice for the opening of proposals In no event shall the notice required in this subsection be less than thirty (30) calendar days.

3304.2 The notice required under §3304.1 shall include publication in at least one (1) of the following:

(a) A newspaper of general circulation;

(b) A trade publication considered appropriate by the Director of Procurement; or

3304.3 The Director of Procurement may submit notice of each RFP to the Department of Administrative Services for inclusion on the D.C. Procurement Hotline .

3304.4 When a solicitation mailing list is available for the particular requirement, requests for proposals or notices of the availability of RFP’s shall be mailed or otherwise furnished to a sufficient number of potential offerors for the purpose of securing competition.

3304.5 In accordance with the provisions of D. C . Code, §1-1110 (4) , President, or the President's designee, may waive the requirements for formal advertising under this section when the services under a contract are required to be performed by the contractor in person and are of a technical and professional nature. Proposals shall be solicited from a sufficient number of qualified persons to provide adequate competition.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3305 PRE-PROPOSAL CONFERENCES

3305.1 The contracting officer may hold a pre-proposal conference to brief prospective offerors after a solicitation has been issued but before offers are submitted.

3305.2 The contracting officer or designated representative shall do the following:

(a) Conduct the pre-proposal conference;

(b) Furnish all prospective offerors identical information concerning the proposed procurement;

(d) Promptly furnish a copy of that record to all prospective offerors that request a copy in writing.

3305.3 The contracting officer shall inform all pre-proposal conference attendees of the following:

(a) That remarks and explanations at the conference do not qualify or amend the terms of the solicitation; and

(b) That the terms of the solicitation and specifications remain unchanged unless contracting officer issues a formal written amendment to the solicitation.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3306 AMENDMENT OF SOLICITATIONS BEFORE CLOSING DATE

3306.1 After issuance of a solicitation, but before the date set for receipt of proposals, the contracting officer may make changes in the solicitation to reflect the following:

(a) Significant changes in quantity, specifications, or delivery schedules;

(b) Correction of defects or ambiguities;

(d) Any other appropriate purpose affecting the procurement.

3306.2 The contracting officer shall determine if the closing date needs to be changed when amending a solicitation.

3306.3 If the time available before closing is insufficient, the contracting officer shall notify prospective offerors by telegram, facsimile, or telephone of the extension of the closing date and shall, by written amendment to the RFP, confirm the extension of the closing date.

3306.4 The contracting officer shall not award a contract unless all of the amendments made to the RFP have been issued in sufficient time to be considered by prospective offerors.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3307 RECEIPT AND SAFEGUARDING OF PROPOSALS

3307.1 All proposals and modifications received before the time set for the opening of proposals shall be kept secure.

3307.2 Except as provided in §3307.6, all proposals shall remain unopened in a locked box or safe. Necessary precautions shall be taken to ensure the security of the locked box or safe.

3307.3 If an RFP is canceled, proposals shall be returned to the offerors.

3307.4 Before opening the proposals, information concerning the identity and number of proposals received shall be made available only to University employees, and then only as required in the execution of their duties.

3307.5 Each proposal shall be marked with the date and time of receipt.

3307.6 Envelopes marked as proposals which do not identify the offeror or the solicitation may be opened solely for purposes of identification or to determine whether an offeror is eligible to submit a proposal, and then only by an University official designated for this purpose.

3307.7 A person who opens a sealed proposal by mistake, or for the reasons set forth in §3307.6, shall sign the envelope opened, indicate the person's position, and deliver it to the contracting officer. The contracting officer shall immediately write the following on the envelope and then sign and reseal the envelope:

(a) An explanation of the opening;

(b) The date and time opened; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3308 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

3308.1 Offerors shall submit proposals, and any modifications, so that they will reach the University Office of Procurement, or other office designated for receipt of proposals in the solicitation, before the time set forth in §3308.2.

3308.2 Unless a solicitation states another specific time, proposals are due in the University Office of Procurement, or other place designated in the RFP for receipt of proposals, no later than 2:00 p .m. on the date proposals are due.

3308.3 Any proposal received at the place designated in the solicitation after the time and date set for receipt of proposals shall be considered a "late" proposal unless it was received prior to the contract award and either of the following applies:

(a) The proposal or modification was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of proposals;

(b) The proposal or modification of proposal was sent by mail and it is determined by the contracting officer that the late receipt at the location specified in the RFP was caused by mishandling by the University after receipt; or

3308.4 The only acceptable evidence to establish the date of a late proposal, late modification, or late withdrawal sent either by registered or certified mail shall be a U. S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, modification, or withdrawal shall be deemed to have been mailed late. If the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown in the postmark, the proposal shall be considered late unless the offeror can furnish evidence from postal authorities of timely mailing.

3308.5 Any request for withdrawal or request for modification received after the time and date set for submission of proposals at the place designated for submission of proposals shall be considered "late."

3308.6 A late proposal, late request for modification, or late request for withdrawal shall not be considered, except as provided in this section.

3308.7 A late modification of a successful proposal which makes its terms more favorable to the University shall be considered at any time it is received and may be accepted.

3308.8 A late proposal, late modification of proposal, or late withdrawal of proposal that is not considered shall be held unopened, unless opened for purposes of identification, until after award. The proposal shall then be retained with unsuccessful proposals.

3308.9 The following information shall, if available, be included in the contract office files with respect to each late proposal, late modification of proposal, or late withdrawal of proposal:

(a) A statement of the date and hour of mailing, filing, or delivery;

(b) A statement of the date and hour of receipt;

(c) A written determination with supporting facts, why the late proposal or modification was or was not considered for award;

(d) A statement of the disposition of the late action; and

(e) The envelope, or other covering, if the late proposal or modification was considered for award.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3309 NOTICE TO OFFERORS OF LATE ACTIONS

3309.1 If a proposal, modification of a proposal, or withdrawal of proposal is received late and it is clear from available information that it cannot be considered, the contracting officer shall promptly notify the offeror.

3309.2 If a late proposal, late modification of proposal, or withdrawal of proposal is transmitted by registered or certified nail and is received before award, but it is not clear from available information whether it can be considered, the offeror shall be promptly notified.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3310 DISCLOSURE AND USE OF INFORMATION BEFORE AWARD

3310.1 During the pre-award period of a procurement by competitive sealed proposals, only the contracting officer and others specifically authorized by the Director or the contracting officer may transmit technical or other information, or conduct any discussions with prospective, contractors.

3310.2 After receipt of proposals, the information contained in them and the number or identity of offerors shall not be made available to the public or to anyone at the University not required to have access to the information in the performance of his or her duties.

3310.3 No employee or agent of the University shall furnish information to a prospective contractor if, alone or together with other information, it might give the prospective contractor an advantage over others. However, general information that is not prejudicial to others may be furnished upon request.

3310.4 In order to ensure that solicited proposals (whether bearing a restrictive notice or not) are properly handled, the following notice shall be placed on the cover sheet of each proposal upon receipt:

NOTICE FOR HANDLING PROPOSALS

This proposal shall be used and disclosed for evaluation purposes only, and a copy of this notice shall be applied to any reproduction or abstract of this proposal. Any authorized restrictive notices which the submitter places on this proposal shall also be strictly complied with. Disclosure of this proposal outside the University for evaluation purposes shall be made only to the extent authorized by, and in accordance with, the procedures established under the procurement rules of the University.

3310.5 A contracting officer may release proposals outside the University for evaluation, consistent with the following requirements:

(a) A written agreement shall be obtained from the outside evaluator that the information contained in the proposal will be used only for evaluation purposes and will not be further disclosed; and

(b) Any authorized restrictive legends placed on the proposal by the prospective contractor or subcontractor or by the University shall be affixed to any reproduction or abstracted information made by the evaluator.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3311 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3312 UNSOLICITED PROPOSALS

3312.1 Unsolicited proposals may be considered by the Director in order to obtain innovative or unique methods or approaches to accomplishing the mission of the University from sources outside the University.

3312.2 In order to be considered valid, an unsolicited proposal shall meet all of the following criteria:

(a) It must be innovative and unique;

(b) It must have been independently originated and developed by the offeror;

(c) It must have been prepared without advice or supervision by any member of the Board of Trustees or employee of the University;

(d) It must include sufficient detail to permit a determination that University support would be worthwhile; and

(e) It must show that the proposed work could benefit the mission of the University.

3312.3 Unsolicited proposals shall contain the following information to permit consideration in an objective and timely manner:

(a) The offeror's name and address and type of organization, such as profit, non-profit, educational, or certified minority business;

(b) The names and telephone numbers of technical and business personnel to be contacted for evaluation or negotiation purposes ;

(d) The signature of a person authorized to represent and obligate contractually the offeror;

(e) The proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation;

(f) The period of time for which the proposal is valid;

(g) The type of contract preferred; and

(h) The proposed duration of effort.

3312.4 The favorable evaluation of an unsolicited proposal shall not, by itself, justify award of a contract without competition. If the University decides to obtain the goods or services that have been offered in an unsolicited proposal, the contracting officer shall do the following:

(a) Issue an RFP for the goods or services offered in the proposal, in accordance with this chapter, and evaluate all proposals received in response to the RFP along with the unsolicited proposal; or

(b) Obtain from the Vice President for Administrative Services and the General Counsel to the University approval of a determination and findings for awarding the contract on a sole source basis.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3313 EVALUATION OF UNSOLICITED PROPOSALS

3313.1 When performing an evaluation of an unsolicited proposal, the following factors shall be considered, in addition to any others appropriate for the particular proposal:

(a) The unique and innovative methods, approaches, or concepts demonstrated by the proposal;

(b) The overall scientific, technical, or socio-economic merits of the proposal;

(d) The offeror's capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objectives; and

(e) The qualifications, capabilities, and experience of the proposed team leader or key personnel who are critical to achieving the proposal objective.

3313.2 The Director of Procurement shall return an unsolicited proposal to the offeror, citing reasons, when its substance meets any of the following criteria:

(a) It is available to the University without restriction from another source;

(b) It closely resembles a pending competitive requirement; or

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3314 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3315 SELECTION OF A CONTRACTOR

3315.1 The selection procedures set forth in this chapter are designed to accomplish the following :

(a) Maximize competition;

(b) Minimize the complexity of the solicitation, evaluation, and the selection decision;

(d) Ensure selection of the offeror whose proposal has the highest degree of realism and whose performance is expected to best meet stated University requirements .

3315.2 Selection of a contractor through the use of the competitive sealed proposal ("CSP") process shall be based on competition involving an evaluation and comparison of cost or price and other factors among proposals that meet the University's minimum requirements as stated in the solicitation.

3315.3 The contracting officer shall be responsible for selection of a contractor from among the qualified offerors.

3315.4 The contracting officer shall be responsible for contractual actions related to the selection process, including, but not limited to, the following:

(a) Issuing solicitations in accordance with the provisions of this chapter;

(b) Conducting or controlling all negotiations concerning cost or price, technical requirements, and other terms and conditions; and

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3316 NEGOTIATION AFTER CANCELLATION OF INVITATION FOR BIDS

3316.1 If the Director of Procurement (the "Director") has determined that an invitation for bids ("IFB") issued under chapter 32 will be canceled and that use of negotiation is appropriate to complete the procurement, the contracting officer may award a contract after using negotiation procedures without issuing a new solicitation if all of the following conditions are met:

(a) The contracting officer gives notice to each responsible bidder that submitted a bid in response to the IFB of the intention to use negotiation procedures and gives each interested responsible bidder a reasonable opportunity to negotiate;

(b) The negotiated price is the lowest price offered in response to the negotiation process by any responsible bidder; and

(c) The negotiated price is lower than the lowest rejected price bid by a responsible bidder in response to the original IFB.

3316.2 If an IFB has been canceled in accordance with §§3230.4(g) or 3230.4(h) of chapter 32, and the Director has authorized procurement through negotiation, the contracting officer shall proceed with the procurement in accordance with the provisions of this chapter, or the sole source provisions of chapter 34 of this title, if applicable.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3317 CHANGES IN UNIVERSITY REQUIREMENTS

3317.1 When, either before or after receipt of proposals, the University increases, decreases, or otherwise changes its requirements, the contracting officer shall issue a written amendment to the RFP, in accordance with §3306.

3317.2 In deciding which firms to notify of a change, the contracting officer shall consider the state in the procurement cycle at which the change occurs and the magnitude of the change, as follows:

(a) If proposals are not yet due, the amendment shall be sent to all firms that have received a solicitation;

(b) If the time for receipt of proposals has passed but proposals have not yet been evaluated, the amendment shall be sent only to the responding offerors; and

(c) If the competitive range has been established, the amendment shall be sent only to those offerors within the competitive range.

3317.3 If a change is so substantial that it warrants complete revision of a solicitation, the contracting officer shall cancel the original RFP and issue a new RFP, regardless of the state of the procurement. The new RFP shall be issued to all firms originally solicited and to any firms added to the original list. The new RFP shall be advertised in accordance with the requirements of this title.

3317.4 If the proposal considered to be most advantageous to the University (as determined by using the established evaluation criteria) involves a departure from the stated requirements, the contracting officer shall give all offerors an opportunity to submit new or amended proposals on the basis of the revised requirements, if this can be done without revealing to the other offerors the solution proposed in the original departure or any other information that is entitled to protection.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3318 DISCLOSURE OF MISTAKES BEFORE AWARD

3318.1 The contracting officer shall examine all proposals before award for minor informalities or irregularities and apparent clerical mistakes.

3318.2 Communication with offerors to resolve apparent minor mistakes or irregularities shall be only for clarification, not discussion. However, if- the resulting communication prejudices the interest of other offerors, the contracting officer shall not award the contract without discussions with all offerors within the competitive range.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3319 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3320 PROPOSAL EVALUATION FACTORS

3320.1 The evaluation factors that will be considered in evaluating proposals shall be tailored to each procurement and shall include only those factors that will have an impact on the selection of a contractor.

3320.2 The contracting officer shall include in the solicitation the evaluation factors, including price or cost and any significant sub-factors. The solicitation shall include the minimum requirements that apply to each evaluation factor and significant sub-factor.

3320.3 The contracting officer may include in the solicitation the numerical weights which may be used in the evaluation of the proposals.

3320.4 Evaluation factors shall be stated in descending order of importance.

3320.5 Price or cost to the University shall be included as an evaluation factor in each RFP.

3320.6 While the lowest price or lowest total cost to the University may be an important or even a deciding factor in many contractor selections, the contracting officer may select the contractor whose proposal offers the greatest value to the University in terms of technical merit and other factors, even though the proposal selected does not offer the lowest price or cost, if it is in the best interests of the University.

3320.7 When awarding a cost-reimbursement contract, the cost proposal shall not be controlling. The contracting officer shall consider which offeror can perform the contract in a manner most advantageous to the University, as determined by evaluation of proposals according to the established evaluation criteria.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3321 EVALUATION OF PROPOSALS

3321.1 The contracting officer shall evaluate each proposal in accordance with the evaluation criteria in the solicitation.

3321.2 The contracting officer shall evaluate the cost estimate or price, not only to determine whether it is reasonable, but also to determine the offeror's understanding of the work and ability to perform the contract,

3321.3 The contracting officer shall document the cost or price evaluation.

3321.4 If any technical evaluation is necessary beyond ensuring that the proposal meets the minimum requirements in the solicitation, the contracting officer shall obtain technical advice from the appropriate University official(s) either individually or by convening a technical review panel.

3321.5 If a technical evaluation is done, a technical evaluation report shall be prepared by the University official making or supervising the evaluation. The report shall contain the following:

(a) The basis for evaluation;

(b) A summary, matrix, or quantitative ranking of each technical proposal in relation to the best rating possible; and

3321.6 The contracting officer may also request that the technical evaluation report include an analysis of the technically acceptable and unacceptable proposals, including an assessment of each offeror's ability to accomplish the technical requirements

3321.7 A contracting officer may reject all proposals received in response to a solicitation by a written determination which concludes that to do so would be in the best interests of the University. The contracting officer's determination shall be approved by the Director.

3321.7 The reasons given for rejection may include, but are not limited to, the following:

(a) None of the proposals meet the requirements of the University;

(b) None of the proposals is acceptable for technical or other reasons;

(d) The proposals were not independently arrived at in open competition, were collusive, or were submitted in bad faith.

3321.8 When all proposals are rejected and no award will be made as a result of the RFP, the contracting officer shall cancel the RFP.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3322 COMPETITIVE RANGE AND PRE-NEGOTIATION OBJECTIVES

3322.1 The competitive range shall be determined on the basis of cost or price and other factors, in accordance with the evaluation criteria that were stated in the solicitation, and shall include all proposals that have a reasonable chance of being selected for award.

3322.2 If there is doubt as to whether a proposal is in the competitive range, that proposal shall be included.

3322.3 The contracting officer shall notify, in writing, an unsuccessful offeror at the earliest practicable time that the offeror's proposal is no longer being considered for award.

3322.4 The contracting officer shall establish pre -negotiation objectives before the negotiation of any contract or modification in excess of one hundred thousand dollars ($100,000) . When cost analysis is required under §3326, the contracting officer shall address the pertinent issues to be negotiated, the cost objectives, and a profit or fee objective.

3322.5 The contracting officer shall develop pre-negotiation objectives to judge the overall reasonableness of proposed prices and to negotiate a fair and reasonable price or cost and fee .

3322.6 In determining the pre-negotiation objectives, the contracting officer shall analyze the offeror's proposal and consider technical analysis and other pertinent data, such as University cost estimates and price histories.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3323 DISCUSSIONS WITH OFFERORS

3323.1 The contracting officer shall conduct written or oral discussions with all offerors in the competitive range, except in the following circumstances:

(a) If prices are fixed by law or regulation; or

(b) If it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of the most favorable initial proposal without discussion would result in the lowest overall cost to the University at a fair and reasonable price.

3323.2 If discussions are held with offerors, the contracting officer shall determine which proposals are in the competitive range, and shall conduct written or oral discussions with the offerors who submitted those proposals.

3323.3 Among other areas of discussion, the contracting officer may enter into price negotiations with an offeror with the intent of agreeing on a fair and reasonable price.

3323.4 The contracting officer shall not be required to reach agreement on every element of cost, and may make reasonable compromises if necessary and if compromise is in the best interests of the University.

3323.5 If discussions are not held pursuant to §3323.1(b), the following requirements shall be met:

(a) All offerors must have been notified of the possibility that an award might be made without discussion; and

(b) The award must be made without any written or oral discussion with any offeror.

3323.6 If discussions are held with any offeror within the competitive range, the contracting officer shall ensure that discussions are held with all offerors in the competitive range.

3323.7 The number and length of discussions held with each offeror may vary, depending on the need for clarification, the amount of progress made toward a satisfactory final proposal, and other factors affecting the need for discussion as determined by the contracting officer.

3323.8 During discussion with offerors, the contracting officer shall do the following:

(a) Control all discussions;

(b) Advise the offeror of deficiencies in its proposal so that the offeror is given an opportunity to satisfy the requirements of the University;

(c) Attempt to resolve any uncertainties concerning the technical aspects of the proposal and other terms and conditions of the proposal;

(d) Resolve any suspected mistakes by calling them to the offeror's attention as specifically as possible without disclosing any information concerning other proposals submitted by other offerors or the evaluation process; and

(e) Provide the offeror a reasonable opportunity to submit any cost or price, technical, or other revisions to its proposal that may result from the discussions.

3323.9 The contracting officer shall not assist an offeror to bring its proposal up to the level of other proposals through successive rounds of discussion, such as pointing out weaknesses resulting from the offeror's lack of diligence, competence, or inventiveness in preparing the proposal. The contracting officer shall not disclose technical information pertaining to any proposal that results in the improvement of a competing proposal.

3323.10 The contracting officer shall not indicate to an offeror a cost or price it must meet to obtain further consideration, advise an offeror of its standing relative to another offeror, or otherwise furnish information about any other offeror's prices or terms.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3324 BEST AND FINAL OFFERS

3324.1 If a contract is for one hundred thousand dollars ($100,000) or less, and if , after completion of discussions with all offerors in the competitive range, the contracting officer determines that the award of the contract to one (1) of the offerors is clearly in the best interests of the University, based on the discussions held and the proposals, the contracting officer may award the contract without requesting best and final offers.

3324.2 Except as provided in §3324.1, after completion of all discussions, the contracting officer shall issue to all offerors within the competitive range a request for best and final offers.

3324.3 The request for best and final offers shall include the following:

(a) Notice that discussions are concluded;

(b) Notice that this is the opportunity to submit a best and final offer;

(d) Notice that if any modification of the best and final offer is submitted, it must be received by the date and time specified under §3324.3(c) and is subject to the provisions of this chapter covering late proposals.

3324.4 After receipt of best and final offers, the contracting officer shall not reopen discussions unless it is clearly in the best interests of the University to do so.

3324.5 Reasons for reopening discussions may include, but are not limited to, the fact that it is clear that information available at the time is inadequate to reasonably justify contractor selection and award based on the best and final offers received.

3324.6 If discussions are reopened, the contracting officer shall issue an additional request for best and final offers to all offerors within the competitive range.

3324.7 After evaluation of the best and final offers, the contracting officer shall select the offeror whose best and final offer is most advantageous to the University, considering price and other factors that were included in the solicitation.

3324.8 The contracting officer shall prepare supporting documentation for the selection decision that shows the relative differences among the proposals and their strengths, weaknesses, and risks in terms of the evaluation factors. The supporting documentation shall include the basis for the selection of the contractor.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3325 COST AND PRICING DATA

3325.1 The contracting officer shall require a prime contractor to submit and certify cost or pricing data for any contract awarded through competitive sealed proposals, sole source procedures, or any change order or contract modification.

3325.2 The contracting officer shall require that each contractor certify that, to the best of the contractor's knowledge, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date.

3325.3 When cost or pricing data are required, the contracting officer shall include a contract clause, approved by the Director, which provides that the price, including profit or fee, will be adjusted to exclude any significant price increases occurring because the contractor's cost or price information, as of the specified date, was inaccurate, incomplete, or not current.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3326 PRICE AND COST ANALYSIS

3326.1 The contracting officer shall be responsible for selecting and using price analysis techniques that will ensure a fair and reasonable price in each case. One (1) or more of the following techniques may be used:

(a) Comparison of proposed prices received in response to the solicitation;

(b) Comparison of prior proposed prices and contract prices with current proposed prices for the same or similar items ;

(c) Application of rough yardsticks (such as dollars per pound or other units) to highlight significant inconsistencies that warrant additional pricing inquiry;

(d) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements; and

(e) Comparison of proposed prices with independent University cost estimates .

3326.2 The contracting officer shall be required to perform a cost analysis in either of the following circumstances:

(a) The award of any contract in excess of one hundred thousand-dollars ($100,000); or

(b) The modification of any contract when the modification exceeds one hundred thousand dollars ($100,000) .

3326.3 When cost analysis is required, the contracting officer shall perform cost analysis by using the techniques and procedures set forth in this section.

3326.4 The contracting officer shall verify cost or pricing data and evaluate the cost elements, including the following:

(a) The necessity for and reasonableness of the proposed cost, including allowances for contingencies;

(b) A projection of the offeror's cost trends on the basis of current and historical cost or pricing data;

(c) A technical appraisal of the estimated labor, material, tooling, and facilities requirements and of the reasonableness of scrap and spoilage factors; and

(d) The application of audited or negotiated indirect cost rates, labor rates, and other factors.

3326.5 The contracting officer shall evaluate the effect of the offeror's current practices on future costs. In conducting this evaluation, the contracting officer shall ensure that the effects of inefficient or uneconomical past practices are not projected into the future.

3326.6 The contracting officer shall compare the costs proposed by the offeror for individual cost elements with the following:

(a) Actual costs previously incurred by the same offeror;

(b) Previous cost estimates from the offeror or from other offerors for the same or similar items;

(d) Independent University cost estimates; and

(e) Forecasts or planned expenditures.

3326.7 The contracting officer shall verify that the offeror's cost submissions are in accordance with the contract cost principles and procedures set forth in chapter 33 of the D. C. Procurement Regulations.

3326.8 The contracting officer shall review each proposal to determine whether any cost or pricing data necessary to make the contractor's proposal accurate, complete, and current have been submitted or identified in writing by the contractor.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3327 PRICE NEGOTIATION MEMORANDUM

3327.1 At the conclusion of each price negotiation, the contracting officer shall promptly prepare a memorandum of the principal elements of the price negotiations .

3327.2 The price negotiation memorandum shall be included in the contract file and shall contain at least the following information:

(a) The purpose of the negotiation;

(b) A description of the procurement, including appropriate identifying numbers ;

(c) The name, position, and organization of each person representing the contractor and the University in the negotiations;

(d) If certified cost or pricing data were required, the extent to which the contracting officer did the following:

(1) Relied on the cost or pricing data submitted and used them in negotiating the price; and

(2) Recognized as inaccurate, incomplete, or non-current any cost or pricing data submitted; the action taken by the contracting officer and the contractor as a result; and the effect of the defective data on the price negotiated.

(e) The most significant facts or considerations controlling the establishment of the pre-negotiation price objective and the negotiated price including an explanation of any significant differences between the two (2) positions; and

(f) The basis for determining the pre-negotiation profit or fee objective, and the profit or fee negotiated.

3327.3 When price negotiation is based on cost analysis, the contracting officer shall analyze profit or fee.

3327.4 The contracting officer shall use the University's pre-negotiation cost objective amounts as the basis for calculating the profit or fee amount used as a pre-negotiation objective.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3328 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3329 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3330 NOTIFICATIONS, PROTESTS, AND MISTAKES

3330.1 The contracting officer shall notify each offeror whose proposal is determined to be unacceptable before award unless disclosure might prejudice the best interests of the University.

3330.2 If the proposal evaluation period for a RFP is expected to exceed thirty (30) days, or when a limited number of offerors have been selected as being within the competitive range, the contracting officer, upon determining that a proposal is unacceptable, shall promptly notify the offeror.

3330.3 The contracting officer shall award a contract to the successful offeror with reasonable promptness by transmitting written notice of the award to that offeror.

3330.4 Promptly after the award of each contract, the contracting officer shall notify unsuccessful offerors in writing, unless pre-award notice was given.

3330.5 If a contract is awarded on a basis other than price alone, the contracting officer shall provide a debriefing for any unsuccessful offeror that submits a written request for debriefing, unless the Director determines that to do so is not in the best interests of the University.

3330.6 If a debriefing is held, debriefing information shall include the University's evaluation of the significant weak or deficient factors in the proposal. However, point-by-point comparisons with other offerors' proposals shall not be made.

3330.7 Debriefing shall not reveal the relative merits or technical standing of competitors or the evaluation scoring.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3399 DEFINITIONS

3399.1 The definitions of terms and phrases set forth in §3099 of chapter 30 of this title shall apply to this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B34 SOLE SOURCE AND EMERGENCY PROCUREMENT [REPEALED]

8-B DCMR § 3400 GENERAL PROVISIONS

3400.1 In each instance where a contracting officer proposes to award a contract on a sole source or emergency basis, the contracting officer shall do the following:

(a) Prepare a written determination and findings ("D&F") justifying the procurement which specifically demonstrates that competitive procurement is not required; and

(b) Ensure that all of the steps required under this chapter for the justification, documentation, and approval of the procurement are completed before the contract is awarded.

3400.2 Each contracting officer shall take reasonable steps to avoid using sole source procurement except in circumstances where it is both necessary and in the best interests of the University.

3400.3 Except as provided in §3407 of this chapter, a contracting officer shall take action, whenever possible, to avoid the need to continue to procure the same supplies or services without competition.

3400.4 The Director shall maintain a record of all sole source and emergency contracts entered into pursuant to this chapter for a minimum of five (5) years. The record for each contract shall contain the following:

(a) The contract number;

(b) The name and address of the contractor;

(d) The type of contract;

(e) A list of the supplies or services procured under the contract; and

(f) The name and title of the University official requesting the contract.

3400.5 Each award of a contract valued at ten thousand dollars ($10,000) or more on a sole source or emergency basis shall be publicized in the "District of Columbia Procurement Digest."

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3401 SOLE SOURCE PROCUREMENT

3401.1 Procurement contracts may be awarded through negotiation without competition when the contracting officer determines in writing that at least one (1) of the following conditions exists:

(a) There is only one (1) source for the required supply, service, or other item;

(b) The contract is for the purchase of real property or interests in real property;

(c) The contract is with a vendor that maintains a price agreement or schedule with any federal or District agency; Provided, that the contract with the University shall not authorize a price higher than the price allowed in the schedule or price agreement between the federal or District agency and the vendor for the same item;

(d) The contract is for purchase of commodities, supplies, equipment, or services that would ordinarily be purchased on a competitive basis, but an emergency has been declared, in accordance with the provisions of this chapter, and the required emergency procurement procedures are followed;

(e) The contract is for the purchase of media time or space for advertising or promotion purposes and the procedures for purchase of media time or space under §3407 of this chapter have been followed;

(f) The contract is for an artistic performance or educational lecture ; or

(g) The contract is for the purchase of services, equipment, materials, or other items using grant funds, in accordance with the provisions of §3408 of this chapter.

3401.2 If the only justification for using sole source procurement is lack of sufficient time to complete a competitive procurement process, the contracting officer shall not award a contract on a sole source basis unless a legitimate emergency, as defined in this chapter, exists with respect to the need for the items or services being procured.

3401.3 Before negotiating a contract on a sole source basis, the contracting officer shall ensure that a determination and findings ("D&F") that justifies the procurement has been approved in accordance with §3102 of chapter 31 of this title.

3401.4 Sole source procurement shall not be justified on the basis of any of the following circumstances:

(a) The lack of adequate advance planning for the procurement of the required commodities, services, or other items ;

(b) Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3402 SINGLE AVAILABLE SOURCE

3402.1 The contracting officer may award a contract using noncompetitive negotiation procedures upon making a determination that there is only one (1) available source for the required item.

3402.2 When determining whether there is only one (1) available source for a requirement, the contracting officer shall consider whether there is a reasonable basis to conclude that the University's minimum needs can only be satisfied by the supplies or services proposed to be procured, and whether the proposed sole source contractor is the only source capable of providing the required supplies or services

3402.3 Justification for a sole source procurement shall cover all of the supplies or services being procured under a single contract. The justification of the sole source procurement of some supplies or services shall not be used to avoid competitive procedures for obtaining other supplies or services which do not qualify for sole source procurement under the same contract.

3402.4 If the reason for making a procurement on a sole source basis is based on the particular source's ownership or control of limited rights in data, patent rights, copyrights, or trade secrets applicable to the required supplies or services, the written determination and findings ("D&F") shall clearly demonstrate the need for the specific supplies or services and that at least one (1) of the following factors applies :

(a) The requirements cannot be modified to allow procurement by competitive sealed bids or competitive sealed proposals; or

(b) It is in the best interests of the University to meet the identified requirements through procurement of the specific supplies or services, and that the proposed contractor is the only source for the specific supply or service.

3402.5 The contracting officer may determine that sole source negotiations are justified for the procurement of specific makes and models of technical equipment and parts if all of the following requirements are met:

(a) The specific technical equipment or parts are being procured for standardization purposes, and that standardization of the equipment or parts is in the best interests of the University;

(b) The equipment or parts will be used to meet a requirement for replacement parts or additional units that are compatible with existing University equipment;

(c) The existing equipment for which the parts or additional units are being procured was obtained by the University through the use of competitive procurement procedures, or was obtained through a separately justified and approved sole source procurement; and

(d) No identical or compatible equipment or parts are available from any other source.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3403 SHELTERED MARKET PROCUREMENT

3403.1 When a procurement has been designated for the sheltered market under the Minority Contracting Act of 1976, D. C. Code §1-1141, et seq. and only one (1) bid or proposal is received from a responsible, certified firm, the contracting officer shall not make an award to that contractor unless the contracting officer determines that the contractor qualifies as a sole source in accordance with this chapter, or the contracting officer follows the procurement procedures set forth in §§3403.2 through 3403.5.

3403.2 If the contracting officer cannot justify procuring the supplies or services from the single sheltered market vendor on a sole source basis, the contracting officer shall do one (1) of the following:

(a) Cancel the invitation for bids ("IFB") or request for proposals ("RFP") and reissue the solicitation on the open market;

(b) In the case of an IFB issued under chapter 32, determine whether the bid price is competitive with the open market in accordance with the provisions of §§3403.3 through 3403.5; or

(c) In the case of an RFP issued under chapter 33, negotiate with the sheltered market vendor pursuant to §§3403.3 through 3403.5.

3403.3 If the contracting officer, using the methods and standards set forth in chapter 33 of this title, is able to determine from price history or price analysis that the price offered by the single sheltered market vendor is reasonably competitive with a price that might be obtained on the open market, the contracting officer may issue the contract after negotiation pursuant to §§3403.4 and 3403.5.

3403.4 Before attempting to negotiate a contract with the single sheltered market vendor under §3403.2, the contracting officer, using the methods and standards set forth in chapter 33 of this title, shall establish a pre-negotiation position based on a reasonable price and other terms under which the contract might be let in the open market.

3403.5 The contracting officer shall negotiate with the sheltered market vendor on the basis of competitive price and contract terms and may award the contract if the price and other terms agreeable to the vendor are reasonably within the range of price and terms that could be obtained in the open market, and if issuing the contract is in the best interests of the University.

3403.6 If the contracting officer is unable to negotiate a contract with the single sheltered market vendor on the basis of reasonably competitive price and terms, the contracting officer shall cancel the sheltered market solicitation and reissue the solicitation in the open market.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3404 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3405 SOLE SOURCE DETERMINATIONS AND FINDINGS

3405.1 When a sole source procurement is proposed, the contracting officer shall prepare a written determination and findings ("D&F") that sets forth the justification for the sole source procurement.

3405.2 Each sole source D&F shall include the following, when applicable:

(a) Specific identification of the document as a sole source D&F;

(b) The nature or description of the proposed procurement ;

(d) A specific citation to the applicable provisions of §3401 of this chapter that provide authority for the sole source procurement;

(e) An explanation of the unique nature of the procurement or other factors that qualify the requirement for sole source procurement;

(f) An explanation of the proposed contractor's unique qualifications or other factors that qualify the proposed contractor as a sole source for the procurement;

(g) A determination that the anticipated costs to the University will be fair and reasonable;

(h) A description of the market survey conducted and the results, or a statement of the reasons why a market survey was not conducted, and a list of the potential sources contacted by the contracting officer or which expressed, in writing, an interest in the procurement; and

(i) Any other pertinent facts or reasons supporting the use of a sole source procurement.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3406 SOLE SOURCE PROCUREMENT PROCEDURES

3406.1 The contracting officer shall not be required to publicize the solicitation for a procurement made on a sole source basis .

3406.2 The contracting officer may initiate negotiations for a sole source contract orally or may use a letter to request a proposal for a sole source procurement.

3406.3 If the contracting officer uses a letter to request a proposal for a sole source procurement, the contracting officer shall ensure that the letter is as clear and concise as possible and does not include unnecessary verbiage or notices . The letter shall only contain the data and information necessary for providing a proposal.

3406.4 The contracting officer shall comply with the applicable negotiation procedures in chapter 33 of this title, except as specifically exempted in this chapter or where those procedures apply only to negotiation with more than one (1) source.

3406.5 The contracting officer shall ensure that each sole source contract contains all of the required clauses, representations, and certifications, in accordance with the requirements of this title .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3407 PROCUREMENT OF MEDIA TIME AND SPACE

3407.1 The Director of Procurement (the “Director") and each contracting officer engaged in the procurement of media time and space for advertising and promotion of the University and University-related projects may make individual purchases of media time and space on a sole source basis, in accordance with the procedures set forth in this section.

3407.2 When there is only a single source for a particular type of media time or space (such as mass transit or display advertising space), the contracting officer shall purchase the time or space by following the applicable marketing budget and marketing plan.

3407.3 When there are multiple sources for the purchase of media time or space (such as newspapers or broadcast media), the contracting officer shall use the following to allocate purchases among available media sources and to determine the amount of time or space to be purchased from each source selected:

(a) The strategic marketing plan developed for the specific media buying activity, including demographic and targeting variables, as well as the overall goals of the particular media campaign;

(b) Marketing surveys, including information obtained from various media sources and market analysis sources ;

(c) Rates available from media sources, including rate variations based on factors such as broadcast time, audience demographics and market share, the availability of targeted time slots, and other relevant factors;

(d) The overall budget for purchase of media time and space; and

(e) Results obtained from prior advertising or promotion programs using particular media sources, targeting approaches, and other relevant factors affecting the effectiveness of media buying.

3407.4 To the extent that purchases of media time and space from local media sources are in the best interests of the University, a contracting officer may allocate media purchases to local media sources even though those allocations do not meet all of the requirements of §3407.3.

3407.5 The contracting officer shall attempt to obtain the best price possible from each media source through price negotiation and other appropriate methods, such as obtaining rate discounts for package purchases, when in the best interests of the University.

3407.6 The contracting officer may use special contracting methods to obtain the best possible combination of media exposure and price, including blanket purchase agreements and indefinite quantity term contracts.

3407.7 The Director shall establish a quality control program for media purchases to ensure that the allocation of media purchases meet the goals of the University's marketing plan and that media advertisements and promotions are placed or broadcast in accordance with the specific contract or purchase order.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3408 PROCUREMENT USING GRANT FUNDS

3408.1 The Director may approve procurement on a sole source basis if the grant award requires that specific equipment, materials, or other items be used or procured in connection with the performance of the grant.

3408.2 The Director may approve procurement on a sole source basis if the contract is for the procurement of services from one (1) or more of the following:

(a) A joint venturer or other person or entity that participated in obtaining the grant and is identified in the proposal or grant award as a participant in the performance of the grant;

(b) A subgrantee named in the grant award; or

3408.3 Sole source procurement under this section shall be limited to contracts funded entirely by grant funds .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3409 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3410 EMERGENCY PROCUREMENT

3410.1 The Vice President for Administrative Services (the "Vice President" ) may approve procurement that does not otherwise comply with the requirements of this title if the procurement is essential to an University requirement to deal with an existing emergency condition, as defined in §3410.2, except that procurement on an emergency basis in excess of fifty thousand dollars ($50,000) shall be approved by the President, in accordance with the provisions of §3100.5 of chapter 31 of this title.

3410.2 For purposes of emergency procurement under this chapter, an "emergency condition" is a situation (such as a flood, epidemic, riot, equipment failure, or other reason set forth in a proclamation issued by the Mayor or a written determination by the Vice President) which creates an immediate threat to the public health, welfare, or safety. The existence of an emergency condition creates an immediate need for supplies or services which cannot be met through normal procurement methods, and the lack of which would seriously threaten one (1) or more of the following:

(a) The health or safety of any person;

(b) The preservation or protection of property; or

3410.3 The justification for emergency procurement shall not be based solely on the internal operations of the University. In the absence of an emergency condition, an emergency procurement shall not be justified on the basis of any of the following circumstances :

(a) The lack of adequate advance planning for the procurement of required supplies or services;

(b) Delays in procurement caused by administrative delays, lack of sufficient procurement personnel, or improper internal handling of procurement requests or competitive procedures; or

3410.4 The emergency procurement of supplies or services shall be limited to quantities or a time period sufficient to meet the immediate threat and shall not be used to meet long-term requirements.

3410.5 The emergency procurement of services shall be limited to a period of not more than one hundred twenty (120) days.

3410.6 If a long-term requirement for the supplies, services, or other items is anticipated, the contracting officer shall initiate a separate non-emergency procurement action as soon as possible after the emergency procurement is made.

3410.7 A contract procured on an emergency basis shall not be modified to expand the scope or extend the time of the procurement unless a limited number of additional supplies, services, or other items are needed to fill an on-going emergency requirement until regular procurement action procedures can be completed.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3411 EMERGENCY PROCUREMENT PROCEDURES

3411.1 The contracting officer shall not be required to publicize the solicitation of a procurement made on an emergency basis.

3411.2 The contracting officer shall attempt to solicit offers or proposals from as many potential contractors as possible under the emergency condition. An emergency procurement shall not be made on a sole source basis unless the emergency determination and findings includes justification for the sole source procurement.

3411.3 The contracting officer may use a letter or a verbal request to solicit proposals for an emergency procurement.

3411.4 If a letter request is used, the contracting officer shall ensure that the letter is as clear and concise as possible and does not include unnecessary verbiage or notices. A letter request shall only contain the data and information necessary for providing a proposal.

3411.5 The contracting officer shall comply with all applicable requirements for negotiation under chapter 33 of this title except as specifically exempted in this chapter.

3411.6 The contracting officer shall ensure that each emergency procurement contract contains all of the required clauses, representations, and certifications, in accordance with the requirements of this title.

3411.7 The Director of Procurement shall ensure that proper records of each emergency procurement are maintained.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3412 EMERGENCY PROCUREMENT, DETERMINATIONS AND FINDINGS

3412.1 When an emergency procurement is proposed, the contracting officer shall prepare a written determination and findings ("D&F") that sets forth the justification for the emergency procurement.

3412.2 Each emergency procurement D&F shall include the following:

(a) Specific identification of the document as an emergency procurement D&F;

(b) The nature or description of the proposed procurement action;

(c) A description of the emergency, including the nature of the threat to the public health, welfare, or safety, and the nature of the harm that might occur if the requirement were not met by emergency procurement;

(d) A description of the requirement, including the estimated value or cost ;

(e) A description of the efforts made to ensure that proposals or offers are received from as many potential sources as possible under the circumstances, or a sole source justification;

(f) A determination that the anticipated costs to the University will be fair and reasonable; and

(g) Any other pertinent facts or reasons supporting the procurement on an emergency basis .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3499 DEFINITIONS

3499.1 The definitions of terms and phrases set forth in §3099 of chapter 30 of this title shall apply to this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B35 SMALL PURCHASES [REPEALED]

8-B DCMR § 3500 USE OF SMALL PURCHASE PROCEDURES

3500.1 The small purchase procedures set forth in this chapter may only be used for the procurement of supplies, services, and other items when the total amount of the procurement does not exceed ten thousand dollars ($10,000), in accordance with D. C. Code, §1-1110.

3500.2 A contracting officer shall not use small purchase procedures when the requirement can be met by using one of the following:

(a) A requirements term contract;

(b) An indefinite quantity term contract;

(d) Another source of supply, other than sealed bids or proposals, which would result in a lower price for the same or comparable supplies or services.

3500.3 A contracting officer shall not use small purchase procedures when the procurement requirement is initially estimated to exceed ten thousand dollars ($10,000) , even though the resulting award does not exceed that limit

3500.4 If a procurement requirement totals more than ten thousand dollars ($10,000) , a contracting officer shall not split the procurement into several purchases that are each less than the limit in order to permit the use of the small purchase procedures .

3500.5 A procurement requirement shall not be parceled, split, divided, or purchased over a period of time in order to avoid the ten thousand dollar ($10,000) limitation for use of small purchase procedures. However, this shall not preclude the use of small purchase procedures for different requirements for the same or similar items which arise independently and for which the contracting officer cannot reasonably plan or execute a single procurement .

3500.6 A contracting officer shall use the small purchase procedure that is most suitable, efficient, and economical based on the circumstances of each procurement.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3501 NON-COMPETITIVE SMALL PURCHASES

3501.1 A procurement for services in an amount of two thousand five hundred dollars ($2,500) or less, or a procurement for items other than services in an amount of one thousand dollars ($1,000) or less, may be made without obtaining competitive quotations if the contracting officer determines that the price is reasonable.

3501.2 Non-competitive small purchases shall be distributed equitably among suppliers. When practical, a quotation shall be solicited from a vendor other than the previous supplier before placing a repeat order.

3501.3 The contracting officer shall take action to verify that the price paid for an item or service is reasonable in the following instances:

(a) When purchasing an item for which no comparable price or pricing information is readily available (such as an item that is not the same as, or is not similar to, other items that have been recently purchased on a competitive basis); or

(b) When the contracting officer suspects or has information (such as comparison to previous prices paid or personal knowledge of the item involved) to indicate that the price may not be reasonable.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3502 COMPETITIVE SMALL PURCHASES

3502.1 For each small purchase procurement, other than a non-competitive small purchase under §3501 of this chapter, the contracting officer shall solicit quotations from at least three (3) sources to promote competition to the maximum extent practicable and to ensure that the purchase is in the best interests of the University, considering quality, price, and other factors (including the administrative cost of the purchase) . If practicable, two (2) sources not included in the previous solicitation for similar items shall be requested to furnish quotations.

3502.2 If the contracting officer determines that it is impractical under the circumstances to solicit more than two (2) sources (due to time constraints, lack of available sources, or other factors set forth in §3502.4), the contracting officer may solicit quotations from two (2) sources. In no instance shall the contracting officer solicit quotations from fewer than two (2) sources unless the provisions of §3502.5 are followed.

3502.3 If the contracting officer determines that the best interests of the University (or, other factors set forth in §3502.4) indicate that price quotations should be obtained from more than three (3) sources, the contracting officer may require the solicitation of additional quotations.

3502.4 The contracting officer shall consider the following factors when deciding how many quotations will be solicited:

(a) The nature of the item or service to be purchased and whether it is highly competitive and readily available in several makes or brands, or if it is relatively non-competitive;

(b) Information obtained in making recent purchases of the same or similar item;

(d) The dollar value of the proposed purchase; and

(e) Past experience concerning specific contractors' prices.

3502.5 A competitive small purchase procurement solicitation may only be limited to a sole source when the contracting officer determines, in writing, that one (1) of the following conditions is satisfied:

(a) There is only one (1) source for the required item or service; or

(b) An emergency condition exists which precludes the solicitation of multiple quotations.

3502.6 A contracting officer may orally solicit quotations. However, a contracting officer shall use a written solicitation in the following circumstances:

(a) When a large number of line items is included in a single proposed procurement;

(b) When obtaining oral quotations is not considered economical or practical;

(d) When the suppliers are located outside the local trading area.

3502.7 A contracting officer shall maximize competition for small purchases and shall not necessarily limit solicitations to suppliers of well known and widely distributed makes or brands, or solicit on a personal preference basis.

3502.8 Each contracting officer shall maintain a small purchase source list (or lists, if more convenient) . The list shall indicate whether the business is a certified minority business.

3502.9 The contracting officer may cancel a solicitation for quotations at any time before a contract is awarded.

3502.10 If the lowest quote received is more than ten thousand dollars ($10,000) , the contracting officer shall cancel the solicitation for quotations under this chapter and issue a solicitation under the provisions of chapter 32 or 33 of this title .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3503 DETERMINATION OF REASONABLE PRICE AND AWARD

3503.1 The contracting officer shall determine, in writing, that the price to be paid to the successful offeror is fair and reasonable.

3503.2 When only one (1) response is received to a request for quotations, or the price variance between multiple responses reflects a lack of adequate competition, the contracting officer shall include a statement in the contract file giving the basis for the determination of a fair and reasonable price.

3503.3 The determination that a proposed price is fair and reasonable may be based on either of the following:

(a) Competitive quotations; or

(b) Comparison of the proposed price with prices found reasonable, on previous purchases, current price lists, advertisements, similar items, catalogues, value analyses, the contracting officer's personal knowledge of the item being purchased, or any other reasonable basis.

3503.4 The contracting officer shall establish and maintain informal records of oral price quotations and include the record in the purchase file. The informal records shall consist of the names of the suppliers contacted and the prices and other terms and conditions quoted by each.

3503.5 The contracting officer may limit written records of solicitations to notes or abstracts to show prices, delivery, references to printed price lists used, the vendor or vendors contacted, and other pertinent data.

3503.6 The contracting officer shall retain records supporting small purchases for a minimum of three (3) years.

3503.7 The contracting officer shall notify unsuccessful suppliers only if requested.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3504 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3505 BLANKET PURCHASE AGREEMENTS

3505.1 A blanket purchase agreement ("BPA") may be used, in accordance with the provisions of this chapter, as a simplified method of filling anticipated repetitive needs for supplies, services, or other items by establishing charge accounts with sources of supply.

3505.2 A contracting officer may establish a BPA if one (1) or more of the following criteria apply:

(a) There is a wide variety of items in a broad class of goods that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably;

(b) There is a need to provide commercial sources of supply for one (1) or more offices in an agency that do not otherwise have or need direct authority to purchase; or

3505.3 A BPA shall not be used for any commodity, service, or other item for which a requirements type contract has been issued by the University.

3505.4 A BPA is not a contract and may be established without a purchase requisition or the obligation of funds.

3505.5 To the extent practical, BPA's for items of the same type shall be placed concurrently with more than one (1) supplier. All competitive sources shall be given an equal opportunity to furnish supplies, services, or other items under a BPA.

3505.6 A BPA may be limited to furnishing individual items or commodity groups or classes, or it may be unlimited for all items or services that the source of supply is in a position to furnish, except as provided otherwise under this section.

3505.7 When there is an insufficient number of vendors with BPA's to ensure maximum practicable competition for a particular purchase, the contracting officer shall do the following:

(a) Solicit quotations from other sources and make the purchase as appropriate; and

(b) Establish additional BPA's to facilitate future purchases when recurring requirements for the same or similar items or services seem likely, when qualified sources are willing to accept a BPA, or when it is otherwise practical to do so.

3505.8 An individual BPA shall be considered terminated when the purchases under it equal its total dollar limitation or when its stated time period expires.

3505.9 A contracting officer shall not use a BPA to make purchases that are not otherwise authorized by law or this title and shall not purchase off a BPA to avoid the small purchase authority limitation or to justify procurement on a sole source basis .

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3506 BLANKET PURCHASE AGREEMENT PROCEDURES

3506.1 The contracting officer shall prepare and issue a blanket purchase agreement ("BPA") on a BPA form approved by the Director .

3506.2 The contracting officer shall include the following information in each BPA:

(a) A statement that the supplier will furnish supplies or services, described in general terms, if and when requested by the contracting officer during a specified period and within a stipulated total amount;

(b) A statement that the University is obligated only to the extent-that authorized purchases are actually made under the BPA;

(c) A statement that the prices to the University shall be as low or lower than those charged to the supplier's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment; and

(d) A statement that specifies the dollar limitation for purchases under the BPA (not to exceed the small purchase limitations set forth in this chapter) .

3506.3 The contracting officer shall furnish to each supplier a list of names of individuals authorized to purchase under the BPA, identified by organizational component, and the dollar limitation per purchase for each individual.

3506.4 A BPA shall contain a requirement that deliveries or shipments under the agreement (except subscriptions or other charges for newspapers, magazines, or periodicals) shall be accompanied by delivery tickets or sales slips which contain the following minimum information:

(a) The name of the supplier;

(b) The BPA number;

(d) The purchase order number;

(e) An itemized list of supplies or services furnished;

(f) The quantity, unit price, and extension of each item, less applicable discounts; and

(g) The date of delivery or shipment.

3506.5 A BPA shall require that one (1) of the following procedures be followed:

(a) That a vendor submit to a contracting officer a summary invoice at least monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets ;

(b) That the vendor submit to the contracting officer an itemized invoice at least monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets; or

(c) That an invoice submitted by the vendor to the contracting officer for subscriptions or other charges for newspapers, magazines, or other periodicals, show the starting and ending dates and state either that ordered subscriptions have been placed in effect or will be placed in effect upon receipt of payment .

3506.6 Each order placed against a BPA shall be recorded on a BPA order form which shall include a discreet BPA order number, accounting data identifying the source of funds, the items or services ordered, the name of the person placing the order, the date of the order, and other information required by the Director.

3506.7 Purchases against a BPA may be made orally; Provided, that each order shall be documented on a BPA order form. After making an oral purchase, the contracting officer may send a copy of the BPA order form to the contractor to ensure that the contractor and the contracting officer agree concerning the transaction.

3506.8 The contracting officer executing a BPA shall do the following:

(a) Maintain adequate records to ensure that the total dollar volume of orders does not exceed the stated total aggregate amount;

(b) Ensure that only authorized individuals are placing purchases against a BPA; and

(c) Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant new arrangements with different suppliers or the modification of existing arrangements.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3507 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3508 CASH IMPREST FUNDS

3508.1 A cash purchase using imprest funds may be made if the transaction does not exceed two hundred fifty dollars ($250).

3508.2 The President, or the President's designee, shall specifically designate in writing those persons who are authorized to make purchases using imprest funds.

3508.3 Each purchase using imprest funds shall be recorded on an imprest fund purchase form, approved by the Director, which shall include a discreet imprest fund purchase number, accounting data identifying the specific imprest fund account, the items or services purchased, the name of the person making the purchase, the purchase date, and other information required by the Director of Procurement.

3508.4 The contracting officer shall further document each purchase using imprest funds by including a record of receipt and acceptance of supplies and services by the University, receipt of cash payment by the supplier, and the cash advances and reimbursements.

3508.5 When using imprest funds, the contracting officer may place orders to suppliers orally and without soliciting competition if prices are determined to be reasonable.

3508.6 When using imprest funds, the contracting officer shall attempt to distribute purchases equitably among suppliers, and shall solicit prompt payment discounts.

3508.7 The contracting officer, or other employee authorized under §3508.2, shall furnish a copy of the imprest fund purchase form to the imprest fund cashier with the following information annotated:

(a) That an imprest fund purchase has been made;

(b) The unit and extended prices;

(d) The anticipated delivery date.

3508.8 The contracting officer shall require that the supplier include the following with each delivery:

(a) An invoice, packing slip, or other sales instrument;

(b) The supplier's name and address;

(d) The unit and extended prices; and

(e) The trade discount, if any.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3509 RESERVED

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3510 PURCHASE ORDERS

3510.1 Each purchase order shall be issued on a form prescribed by the Director.

3510.2 Except as provided in §3511, a contracting officer shall issue a purchase order on a fixed-price basis and shall not include economic price adjustment or redetermination provisions.

3510.3 Each purchase order shall include any trade and prompt payment discounts that are offered.

3510.4 Each purchase order shall specify the quantity of supplies or services ordered.

3510.5 When applicable, a purchase order shall provide that inspection and acceptance will be at destination . When inspection and acceptance are to be performed at destination, advance copies of the purchase order shall be furnished to the point of receipt. Receiving reports shall be completed by the contracting officer immediately upon receipt and acceptance of material.

3510.6 Each purchase order shall contain a definite calendar date by which delivery of supplies or performance of services is required.

3510.7 Distribution of copies of purchase orders shall be limited to those required for essential administration and transmission of contractual information.

3510.8 If the contracting officer wants to consummate a binding contract between the parties before the contractor undertakes performance, the contracting officer shall require written acceptance of the purchase order by the contractor.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3511 UNPRICED PURCHASE ORDERS

3511.1 A contracting officer shall use an unpriced purchase order only under the following circumstances:

(a) When the transaction will not exceed the small purchase limit set forth in this chapter;

(b) When it is impractical to obtain pricing in advance of issuance of the purchase order; and

(c) When a purchase is for repairs to equipment requiring disassembly to determine the nature and extent of repairs, material available from only one (1) source and for which cost cannot be readily established, or supplies or services for which prices are known to be competitive but exact prices are not known.

3511.2 A contracting officer shall issue each unpriced purchase order by using a written purchase order form and shall set a realistic dollar ceiling, either for each line item or for the total order. The dollar limitation shall be an obligation subject to adjustment when the firm price is established.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3512 MODIFICATION OF PURCHASE ORDERS

3512.1 A purchase order may be modified by using a purchase order modification form approved by the Director of Procurement. Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number.

3512.2 The contracting officer shall obtain a contractor's written acceptance of a purchase order modification if the written acceptance is determined by the contracting officer to be necessary to ensure the contractor's compliance with the purchase order as revised.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3513 TERMINATION AND CANCELLATION OF PURCHASE ORDERS

3513.1 If a purchase order that has been accepted in writing by the contractor is to be terminated, the contracting officer shall process the termination action in accordance with the termination provisions of chapter 37 of the D. C. Procurement Regulations.

3513.2 If a purchase order that has not been accepted in writing by the contractor is to be canceled, the contracting officer shall notify the contractor in writing that the purchase order has been canceled, request the contractor's written acceptance of the cancellation, and proceed in accordance with the provisions of §§3513.3 and 3513.4.

3513.3 If the contractor accepts the cancellation and does not claim that costs were incurred as a result of beginning performance under the purchase order, no further action shall be required and the purchase order shall be considered canceled.

3513.4 If the contractor does not accept the cancellation or claims that costs were incurred as a result of beginning performance under the purchase order, the contracting officer shall treat the action as a termination in accordance with the provisions of chapter 37 of the D. C. Procurement Regulations.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).

8-B DCMR § 3599 DEFINITIONS

3599.1 The definitions of terms and phrases set forth in §3099 of chapter 30 of this title shall apply to this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).