Notice of Appointment (Part-Time)

NOTICE OF APPOINTMENT

Full-time Faculty

You are hereby notified of your appointment to the part-time position indicated below at Living University pursuant to the terms and conditions stated in the Agreement set forth below.

______

This Agreement is entered into between LivingUniversity (hereinafter referred to as the “University”), an educational institution located in the State of North Carolina, MecklenburgCounty and the faculty member (hereinafter referred to as the “Faculty Member”) whose name, address and home telephone number are set forth below.

Faculty Member

Name: Telephone (home):

Address:

Position

Professor Associate Professor Assistant Professor Instructor

Other:

Teaching and/or Administrative Assignment

Specific assignment as follows:

Type and Period of Appointment

For each semester or other term indicated below as set forth in the University’s official academic calendar for the year 2012-2013, as published by and, as modified by, the University:

Fall Semester Appointment for the 2009 Fall Semester.

Spring Semester Appointment for the 2010 Spring Semester.

Summer Semester Appointment for the 2010 Summer Semester.

Other term as follows:

Classification

RegularAppointment.

Compensation

$for period of appointment.

$ semester rate, prorated to actual period of employment.

Other as follows:

Attachments

Position Description

Other as follows:

In consideration of the Faculty Member’s services pursuant to the terms and conditions of this Agreement, the University shall pay the Faculty Member the sum entitled to consistent with the University’s salary schedule. In addition to the compensation to be paid hereunder, the University shall provide Faculty Member such other benefits, as the Board of Regents may from time to time deem appropriate for Faculty members generally.Compensation paid to the Employee under this Agreement shall be subject to withholdings for (1) federal and state income tax, (2) FICA, (3) other deductions required by law, (4) any applicable retirement contributions, and (5) other deductions properly designated by the Faculty Member.

This Agreement is subject to the “Terms and Conditions” set forth below on this form and made a part hereof by reference thereto. To accept this appointment, Faculty Member must complete, sign, and return one copy of this Notice of Appointment within ten (10) days from the below date. If not timely accepted, this appointment is withdrawn.

DATE:

LIVING UNIVERSITY

By: ______

Michael P. Germano, President

I acknowledge that I have read and understand all of the provisions of the foregoing Agreement, including the “Terms and Conditions” set forth below and I agree to abide by all provisions thereof and hereby accept the appointment.

DATE:

FACULTY MEMBER

By: ______

Signature of Faculty Member

(Continued on reverse side)

Terms and Conditions

1. Faculty Member warrants that he or she possesses the necessary degrees, licenses, or other credentials, as required by the University and the laws of the State of North Carolina, as amended, and the rules promulgated pursuant thereto, to occupy the position that is the subject of this Agreement. Faculty member agrees to furnish the University with official transcripts of all undergraduate and graduate coursework earned at regionally accredited institutions of higher learning. Faculty Member further hereby authorizes release of said transcripts to University executive officers and their agents, including those individuals and committees deemed necessary by the President of the University for, but not limited to, curriculum review, accreditation compliance, and accreditation studies. Faculty Member agrees to complete and sign a Request for Transcript Form granting University executive officers, and their agents, permission to acquire said official transcripts for Faculty Member. Faculty Member agrees to reimburse the University for fees charged by issuing institutions for said transcripts. If the University determines that Faculty Member does not possess any such degrees, licenses, or other credentials, then this contract shall be immediately voidable by the University.
2. Faculty Member represents (except to the extent described in a written statement attached to this Agreement and signed by Faculty Member) that he or she has not, in any prior employment, been determined by his or her employer to have engaged in, or been disciplined by said employer for engaging in, sexual harassment in violation of federal or state law or employer policies, rules, or regulations. The parties understand and acknowledge that if the University determines that the representation contained in this paragraph is false or inaccurate, then this Agreement shall be immediately voidable by the University.
3. Faculty Member agrees to perform all duties and services of a faculty member faithfully and satisfactorily at the time, places, and for the duration, prescribed by the University as directed by the President of the University or that may be assigned to Faculty Member by his or her supervisors or administrators. Faculty member acknowledges that pursuant to this Agreement he or she is employed in an exempt professional position pursuant to §13(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.) as defined by Regulations, 29 CFR Part 541. Faculty Member agrees not only to perform the duties as set forth above but also to perform in good faith all other duties required by the University.
4. This appointment and Faculty Member’s services are subject to a specific understanding that this appointment is made for a period not exceeding one (1) calendar year, and this Agreement does not bind upon either party beyond the period specified herein, nor does this Agreement create any right to guarantee of, or expectancy of, employment beyond the period specified herein. Subject to the terms and conditions of this Agreement, Faculty Member’s employment is at will.
5. Performance of services for an academic year appointment of nine (9) months shall be in accordance with the academic schedule of the University adopted, from time to time, for such year. Said academic year, divided into a Fall Semester and a Spring Semester, shall commence with the first day of faculty duty, on or about August 12, and end with Spring Graduation, on or about May 18 of the following calendar year, absent extraordinary circumstances. Arrangements for any services for academic year appointees between academic years, if any, are separate and apart from this Agreement. The parties understand and acknowledge that no continuing right to provide such services exists.
6. The parties understand and acknowledge that the University may make a reassignment and transfer at any time, or from time to time, of Faculty Member to any position for which Faulty Member qualifies as determined by the University. Therefore, the specific position or assignment to which the University appoints Faculty Member in this Agreement shall remain tentative. The President, or Faculty Member’s supervisor or administrator shall make, from time to time, determination of Faculty Member’s specific position or assignment.
7. Faculty Member shall render all duties, obligations, and services in a professional, competent, faithful, and appropriate manner, in accordance with the schedules and standards determined from time to time by and to the satisfaction of the University, and shall act in good faith by exhibiting honesty, integrity, and exemplary conduct. Duties and services include those set forth in the position description attached, if any, and those, that may be assigned to Faculty Member by his or her supervisors or administrators
8. Faculty Member’s duties shall include, but are not limited to, teaching online, in the classroom, or a combination thereof, course preparation, student advisement, and committee assignments. The parties understand and acknowledge that a faculty appointment obligates Faculty Member to perform such duties as advisement, registration, and other required activities, which may occur before, during, or after any semester or other term without additional compensation..
9. Faculty Member shall, while on duty, devote his or her full-time energies to performing his or her duties. Further, Faculty Member agrees to not engage in any outside employment that would decrease Faculty Member’s effectiveness in performing his or her University employment duties or otherwise harm the University.
10. The University may discharge Faculty Member for sufficient and just cause, and thereby terminate his or her appointment; provided that the faculty member be notified of the cause or causes for discharge and provided academic due process pursuant to the University’s formal grievance procedure prior to any final action.
11. Faculty Member shall not use any University property for personal gain in violation of federal or state lawand the various policies, rules, regulations and procedures of the Board of Regents and the President of the University whether now or hereafter in force.
12. Faculty Member may resign during the period of this Agreement only when accepted or agreed to by the President of the University. The parties understand and acknowledge that the President shall release Faculty Member from this Agreement only upon the President’s finding that an exceptional and extraordinary circumstance occurred that warrants such action.
13. The parties do not intend that this Agreement set forth all of the various duties and obligations of the parties hereto, but rather make it subject to the laws of the State of North Carolina, as amended, and the various policies, rules, regulations and procedures of the Board of Regents and the President of the University whether now or hereafter in force. Faculty Member agrees to take any and all actions necessary to become and to remain fully aware at all times of the policies, rules, regulations, and procedures of the University, regardless of whether such policies, rules, regulations, and procedures appear in a faculty handbook, other University publication, or stated in other form.
14. This appointment and Faculty Member’s services are subject to the laws of the State of North Carolina, as amended, and the rules promulgated pursuant thereto, and the policies, rules and regulations of the University pertaining to said appointment or services, whether now or hereafter in force. If any provision in the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

LU Form 017 04/15/09; Rev. 01/15/13.