700.411 - Academic Student Employees Unit (ASE)

UCSC:APO:04/19

AS OF DECEMBER 23, 2022, A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UC AND THE UAW HAS BEEN RATIFIED. Policies and procedures below are subject to conditions of the contract for represented employees. THIS POLICY IS PENDING REVIEW AND REVISION TO REFLECT ALIGNMENT WITH THE NEW CONTRACT.  Contact APO with questions. 

INDEX

A. Definitions of Titles
B. Posting
C. Appointment Procedures
D. Appointment Security
E. Workload
F. Training and Orientation
G. Workspace and Instructional Support
H. Employment Files and Evaluations
I. Leaves
J. Childcare Programs
K. Discipline and Dismissal
L. Grievances

Appendix A: Description of Duties Forms

The following policies and procedures are intended to implement the Memorandum of Understanding (MOU) for the Academic Student Employee bargaining unit.


NOTE:
  • Throughout this document the term "relevant unit" is used broadly to refer to either the academic division or the unit within an academic division (e.g., department) with authority or responsibility for the relevant aspect of the ASE appointment.

A. DEFINITIONS OF TITLES

1. Teaching Assistant 

A Teaching Assistant is a registered graduate student, chosen for excellent scholarship and for promise as a teacher, and serving an apprenticeship under the active tutelage and supervision of a regular faculty member.

Hiring an undergraduate student as a Teaching Assistant is an exception to normal practice. The relevant unit must first ensure that no qualified graduate student is available. Then the relevant unit must obtain approval from the Academic Senate Committee on Courses of Instruction (CCI). Once approved by CCI, the undergraduate student may be appointed as a Teaching Assistant in the title code 2311 and thereby is covered by the terms and conditions of the MOU for the ASE bargaining unit. They are therefore eligible for the University's Partial Fee Remission Program for the Educational and Registration Fees. Classification and pay rates for undergraduate Teaching Assistants do not differ from those of graduate Teaching Assistants.

2. Associate In 

An Associate In is a registered graduate student with a Master's degree or equivalent training, with at least one year of teaching experience, and who has been chosen because of competence to conduct the entire instruction of a group of students in a lower division course under the general supervision of a regular faculty member.

Refer to the Policy on the Appointment and Use of Graduate Student Instructors for the current approval procedures required by the Academic Senate Committee on Educational Policy for use of this title on the Santa Cruz campus.

3. Teaching Fellow 

A Teaching Fellow is a registered graduate student who has advanced to candidacy for the doctorate, or otherwise has achieved appropriate professional maturity, and who has been chosen because of competence to conduct the entire instruction of a group of students in a lower division course under the general supervision of a regular faculty member.

Refer to the Policy on the Appointment and Use of Graduate Student Instructors for the current approval procedures required by the Academic Senate Committee on Educational Policy for use of this title on the Santa Cruz campus.

4. Tutor 

A Tutor is registered undergraduate or graduate student who works with individual students or small groups of students to assist them in understanding course concepts, discovering solutions to problems, modeling study strategies, developing methods for independent work and preparing for upcoming exams. A Tutor shall not be given the responsibilities customarily accorded a Teaching Assistant.

5. Reader 

A Reader is a registered undergraduate or graduate student employed to render diverse course-related services, which will normally include the grading of student papers and examinations. A Reader shall not be given the responsibilities customarily accorded a Teaching Assistant. (Please refer to APM 420 for more information)

B. POSTING

1. Campus Wide Posting of Appointment Opportunities

By March 15 th of each year, the Division of Graduate Studies will post information regarding projected ASE appointment opportunities for the following academic year on their website at https://graddiv.ucsc.edu/. These projections are not a guarantee of the actual number of ASE positions that will be available or filled during the following academic year.

In addition to this annual posting for the following academic year, the Division of Graduate Studies shall request quarterly updates from relevant units regarding new positions which may have become available. The Division of Graduate Studies is responsible for posting these new positions on its website within 14 days from notification from the relevant unit.

2. Posting by the Relevant Unit

Relevant units may post additional information regarding ASE employment opportunities on bulletin boards or other websites. For those relevant units that have formal written guidelines regarding hiring for and allocations of ASE positions, the guidelines will be posted. Changes in written guidelines must be posted prior to implementation.

C. APPOINTMENT PROCEDURES

1. Authority to Appoint

The dean has authority for appointment to all Academic Student Employee titles. The dean may redelegate authority to the department chair for the titles Teaching Assistant, Tutor, and Reader only. This authority may not be further redelegated.

2. Appointment Notification for Teaching Assistants, Associates In, and Teaching Fellows

(a) Timing: In the spring quarter or as soon as practicable after hiring decisions are made for the upcoming academic year, the relevant unit must provide a written notice of appointment (e.g., letter or e-mail) to individuals offered a Teaching Assistant, Associate In, or Teaching Fellow appointment. The University recognizes that job security is important to ASEs and, when practicable, shall offer year-long (i.e., three-quarter) appointments. If the appointment is for more than one quarter, a single notification is sufficient to cover all quarters of that appointment.

Should positions become available after the commencement of the academic year, written notices of appointment must be provided to these ASEs no less than 30 days before the start of the appointment. In cases in which positions become available less than 30 days before the commencement of an academic quarter, written notification will be made as soon as possible.
The campus Employee & Labor Relations office shall send notice to departments/programs reminding them of these obligations by no later than April 1 of each academic year.

(b) Content: The appointment letter must include the following information:

    • Appointment title;
    • Appointment percentage;
    • Effective dates;
    • Salary rate;
    • Health and other applicable benefits or deductions;
    • Hiring unit and hiring unit contact;
    • Division and division contact (if applicable);
    • Response requirements, including failure to respond statement;
    • A statement that the position is covered by the collective bargaining agreement between UC and the UAW;
    • The time and place of any applicable new ASE orientations;
    • A statement that an Employment File has been established for the ASE, and will be maintained by the hiring unit and that new material may be added periodically during the term of their appointment;
    • A statement that the name and department address of all ASEs are released to the UAW each quarter;
    • A statement that an ASE who anticipates a need for access to all-gender restrooms and/or lacatation support should refer to Article 20 of the contract;
    • A statement that an ASE who anticipates needing an employment accommodation should refer to the Reasonable Accommodation article of the contract for the applicable process;
    • A reference to Article 4, Childcare, and this link to child care reimbursement information and eligibility: https://graddiv.ucsc.edu/current-students/grad-student-employment/grad-childcare/index.html;
    • The contract website address: https://ucnet.universityofcalifornia.edu/labor/bargaining-units/bx/contract.html
    • This link to the UAW 2865 website: https://www.uaw2865.org/ and a statement that the ASE may contact the UAW for assistance.

(c) Additional Required Information/Documentation: In addition to the information required in the appointment letter (see subsection (b) just above), the relevant unit must also provide the following information to the Teaching Assistant, Associate In, or Teaching Fellow in writing at least 30 days prior to the beginning of the appointment. In cases in which positions become available less than 30 days before the commencement of an academic quarter, written notification will be made as soon as possible.

If some or all of this additional information/documentation is known at the time the appointment letter is being provided to these ASEs, it should be incorporated in and/or appended to the appointment letter so that the ASE has access to this information as soon as practicable.

    • Faculty member/supervisor to whom the individual will report;
    • The class assigned, if applicable;
    • The required/assigned duties;
    • The location(s) where the work will be performed, if known;
    • The relevant unit’s policy on class, section, and/or lab size, if one exists; and
    • The “Description of Duties Form for Teaching Assistants” (this form is not used for Associate In or Teaching Fellow appointments).

(d) Notification of Changes to Assigned Duties: The relevant unit must provide advance notice when the assigned duties are going to change significantly. Such changes will be confirmed in writing.

(e) Employment File: A copy of the appointment notification and of any additional required information/documentation provided to the ASE, including the Description of Duties Form for Teaching Assistants, must be kept in the ASE's Employment File.

3. Appointment Notification for Readers and Tutors

(a) Timing: When a Reader or Tutor position becomes available more than 30 days in advance of the assignment, the relevant unit will provide these ASEs a written notice of appointment (e.g., letter or e-mail) no less than 30 days before the start of the assignment.
In cases in which a Reader or Tutor position becomes available less than 30 days before the commencement of an academic quarter, written notification will be made as soon as possible.

(b) Content: The appointment letter must include the following information:

    • Appointment title;
    • Range of hours (or appointment percentage if fixed appointment versus variable);
    • Effective dates;
    • Hourly rate (or salary rate depending upon nature of appointment);
    • The faculty member/supervisor to whom the individual will report;
    • The class assigned, if applicable;
    • A description of required/assigned duties (a Description of Duties Form will also be provided);
    • The location(s) where the work will be performed, if known
    • Health and other applicable benefits or deductions;
    • Hiring unit and hiring unit contact;
    • Division and division contact (if applicable);
    • Response requirements, including failure to respond statement;
    • A statement that the position is covered by the collective bargaining agreement between UC and the UAW;
    • The time and place of any applicable new ASE orientations;
    • A statement that an Employment File has been established for the ASE, and will be maintained by the hiring unit and that new material may be added periodically during the term of their appointment;
    • A statement that the name and department address of all ASEs are released to the UAW each quarter;
    • A statement that an ASE who anticipates a need for access to all-gender restrooms and/or lactation support should refer to Article 20 of the contract;
    • A statement that an ASE who anticipates needing an employment accommodation should refer to the Reasonable Accommodation article of the contract for the applicable process;
    • A reference to Article 4, Childcare, and this link to child care reimbursement information and eligibility: https://graddiv.ucsc.edu/current-students/grad-student-employment/grad-childcare/index.html;
    • The contract website address: https://ucnet.universityofcalifornia.edu/labor/bargaining-units/bx/contract.html; and
    • This link to the UAW 2865 website: https://www.uaw2865.org/ and a statement that the ASE may contact the UAW for assistance.

(c) Description of Duties Form: In addition to the information required in the appointment letter, the relevant unit must also provide the Reader or Tutor with the Description of Duties Form appropriate to the title along with the appointment letter, or as soon as practicable thereafter.

4. Notification of Changes to Assigned Duties

The relevant unit must provide advance notice to the ASE when the assigned duties are going to change significantly. Such changes will be confirmed in writing.

5. Employment File

A copy of the appointment notification and of any additional required information/documentation provided to the ASE, including the Description of Duties Form for Teaching Assistants, Readers, or Tutors, must be kept in the ASE's Employment File.

6. Failure to Respond to Appointment Notice
The relevant unit may consider an individual who fails to respond, as specified in the appointment notification, to have rejected the appointment. Failure to accept an appointment may nullify the offer in its entirety.

D. APPOINTMENT SECURITY

1. Position Offered and Accepted is No Longer Available

If an individual receives and accepts appointment to any ASE position(s) for one or more quarters in an academic year, and the position offered and accepted is no longer available, the relevant unit will ensure that the individual:

(a) Is placed in an appointment at the classification and equivalent compensation level offered and accepted; or

(b) Receives equivalent compensation in lieu of the position for the quarter(s) at the level offered. Compensation includes any fee or GSHIP remissions that would accompany the original appointment.

2. Accepting an Offer of Employment

Failure to accept an offer of employment in its entirety, including all conditions, nullifies the offer in its entirety. However, after accepting an appointment as a Teaching Assistant, Associate In, or Teaching Fellow, the ASE may turn down one or more quarters of employment without forfeiting the provisions in section D.1 only for the following reasons:

(a) The employee's serious health condition as defined by the Family and Medical Leave Act (FMLA);

(b) To accept an extramural fellowship; or

(c) Another reason granted by the relevant unit.

3. Academic Ineligibility

Examples of academic ineligibility include, but are not limited to, an excess number of incompletes, a less than minimum GPA, and not being registered and enrolled in an appropriate number of units.

An individual who has accepted any ASE position(s) for one or more quarters and who becomes academically ineligible may be removed without pay from and/or returned to their appointment as set forth below, after consultation with the Division of Graduate Studies or the Registrar’s Office or other appropriate unit (e.g., college) for undergraduates:

(a) Within the first five weeks of the quarter, the relevant unit may, at its sole discretion, remove an ASE who has become academically ineligible.

(b) When an ASE has regained academic eligibility, the relevant unit will determine at its sole discretion whether or not to reinstate the ASE. Said reinstatement, if any, will be at the level of employment held prior to removal.

E. WORKLOAD

1. Workload for Teaching Assistants

Assigned workload is measured by how many hours the relevant unit reasonably expects that a Teaching Assistant (TA) needs to satisfactorily complete the work assigned

(a) A TA with a 50% appointment must not be assigned a workload of more than 220 hours per quarter. This standard must be applied proportionately to appointments made at other percent times.

(b) In addition, a TA with an appointment of 50% or less must not typically be assigned a workload of more than 20 hours in any one week or assigned to work more than 8 hours in any one day. The number of hours worked in excess of 20 hours per week may not total more than 50 hours per quarter.

(c) TAs should initiate discussions with their supervisor as soon as they anticipate any workload related issues that would result in a violation of these workload maximums.

2. Workload for Readers and Tutors

Assigned workload is measured by how many hours the relevant unit reasonably expects that a Reader or Tutor needs to satisfactorily complete the work assigned. Readers and Tutors must not be assigned a workload of more than 20 hours in any one week or assigned to work more than 8 hours in any one day.

Readers and Tutors are typically compensated on an hourly basis. Tutors shall be paid for any assigned tutoring timeslot that they are required to be present for regardless of whether any tutees actually attend the session.

3. Workload for Associates In and Teaching Fellows

ASEs appointed to these titles are instructors of record and as such their workload is consistent with the normal workload for the course. These appointments are typically made at 50% time for a regular (5-unit) academic course.

4. Notification of Workload Maximums

When an ASE perceives that they may exceed the daily, weekly or quarterly maximum number of hours assigned, they are responsible for communicating this information to their faculty supervisor.

The faculty supervisor must immediately respond to the ASE in writing (e-mail is acceptable) to address workload concerns with a copy to the relevant unit for the ASE's Employment File. If the faculty supervisor determines that the ASE is going to exceed the daily, weekly or quarterly maximum number of assigned hours, the faculty supervisor must either:

(a) Modify the ASE’s work assignment such that the number of hours worked will be consistent with the appointment percentage or hours assigned; and/or

(b) Increase the ASE’s appointment percentage or assigned hours to be consistent with the number of hours the ASE will work.

If the faculty supervisor's determination is to increase the graduate student ASE’s appointment percentage above 50%, an exception to the 50% time rule must be requested from the Division of Graduate Studies, and an increase in the appointment percentage must also be requested from and approved by both the hiring authority and the ASE’s department of study.

In the event that a graduate student ASE’s workload complaint is not resolved, the ASE may file a formal grievance with the Dean of Graduate Studies.

F. TRAINING AND ORIENTATION

All required training and orientation must be considered part of the assigned workload for the quarter, with the exception of:

(a) Pedagogy courses in which an ASE is required to be enrolled;

(b) Unpaid activities for which academic credit is given, or that are academic program requirement for all students in the program, or for required training to meet minimum eligibility requirements (e.g., English language tests);

(c) Instances in which an ASE has not satisfactorily completed required training which was considered part of the assigned workload for the quarter; at its sole discretion the University may require that the ASE repeat the training without the repeated training counting towards workload.

G. WORKSPACE AND INSTRUCTIONAL SUPPORT

Access to Resources Required for Job Related Duties

The relevant unit must provide access to facilities, services, texts and instructional support where these resources are necessary for the ASE to perform their job-related duties. Access to required facilities, services, texts, and instructional support will not be unreasonably denied. These required resources may include the following, if applicable:

(a) Office and desk space, telephone;

(b) A computer;

(c) Storage space;

(d) Office, laboratory, and instructional equipment;

(e) Mailbox;

(f) Office supplies and teaching supplies;

(g) Texts and/or reading material;

(h) Art/performance studio space.

H. EMPLOYMENT FILE(S) AND EVALUATIONS

1. Employment Files

“Employment File” shall be defined as information pertaining to an ASE's employment in the bargaining unit. This information must at a minimum include, but is not limited to, application for employment, appointment notice, the Description of Duties Form, and the supplemental documentation form.

Materials related exclusively to an ASE's own academic coursework or unrelated to their appointment as an ASE must not be included in the Employment File (e.g., medical documentation must be kept in a separate folder). In addition, records involving the processing of a grievance, such as grievance/appeals, UC grievance responses, and settlement documents must not be placed in the ASE's Employment File(s).

(a) ASEs must be notified in writing of new material added to their Employment File as soon as practicable, but no later than 30 days following the end of the quarter. This may be accomplished by adding “Employment File” as a cc on the document to be added to the file if that document, or a copy thereof, is provided to the ASE.

(b) An ASE may authorize representatives to review her/his Employment File(s). The authorization must be valid for the period designated by the individual or, if no time period is designated, for up to one calendar year from the date of authorization. The designee must have access to all employment information in all Employment File(s) for the ASE, wherever they are maintained.

(c) The relevant unit must provide an ASE or her/his representatives access to or a copy of the ASE's Employment File(s) as soon as practicable, but no later than 30 calendar days, following the receipt of a written request. One copy of employment file(s) material must be free; subsequent copies shall be ten cents per page.

(d) If an ASE disagrees with evaluative material in her/his file(s), the ASE may append material to the file(s). If an individual is no longer employed when the evaluative material is placed into the file, they have 30 days from the date they reviewed their file(s) or knew or reasonably should have known that it was placed into the file to append material to the file.

(e) If an Employment File contains factual non-evaluative information that is incorrect the individual may request correction of the file(s) within 30 calendar days of discovery. If an individual is no longer employed when the factual non-evaluative information is placed into the file, they have 30 days from the date they reviewed their file(s) or knew or reasonably should have known that it was placed into the file to request correction.

2. Employment Evaluations

(a) “Employment evaluation” is the faculty supervisor's (optional) written assessment(s) of an ASE's employment performance, excluding evaluations of an ASE's own academic coursework, and if completed, must be included in the ASE's Employment File.

(b) The relevant unit must communicate evaluation criteria and procedures for written employment evaluations, if any, to the ASE. New and revised criteria and procedures must be forwarded to the Labor Relations Office for notification to the union.

I. LEAVES

For the purposes of Section I, Leaves: A family member is defined as the ASE's mother, father, sister, brother, parent-in-law, spouse, domestic partner, parent of domestic partner, grandparent, grandchild, child, step or foster child (including children of domestic partner).

Request for Leave and Coverage

In order to ensure proper coverage for leaves, ASEs are expected to contact their faculty supervisor to request leave as soon as the need for the leave becomes known, but not less than one working day in advance of the start of the leave unless the leave is an unanticipated personal, family illness or bereavement leave. Requests for a leave must be made in writing with information about the nature of the leave, probable duration, and where appropriate, the necessary documentation (e.g., medical certification for childbearing leave, certification of date of birth). While it is the relevant unit's responsibility to make arrangements for coverage, it is expected that the ASE will assist as much as reasonably possible.

At the sole discretion of the University, ASEs may be granted a longer period of leave than the entitlements provided below. However, no leave can be continued beyond the end date of the ASE's appointment.

A. Short-Term Medical Leave and Family-Related Leave

The relevant unit will grant an ASE's reasonable request for leave of absence of appropriate duration due to:

(a) personal illness and/or disability;
(b) birth, adoption, or care of a child or family member;
(c) family emergencies, which include medical and non-medical events;
(d) appointments and/or hearings scheduled by federal immigration officials or the U.S Department of State with respect to immigration or citizenship status of the ASE, spouse, domestic partner, child or parent in accordance with Article 20 - Non-Discrimination in Employment Side Letter.

Short-term family-related leave shall be paid leave for salaried ASEs and shall be unpaid for hourly ASEs. The period of paid leave shall be no more than two (2) days per quarter for ASEs appointed at 50%. For salaried ASEs who are employed at other percentages, the amount of paid leave will be prorated.

The faculty supervisor has authority to approve a paid short-term family-related leave up to two days. The dean has authority for short-term family-related leaves of more than two (2) days, whether paid or unpaid.

B. Long-Term Medical Leave and Family-Related Leave

Upon request from an eligible ASE, the relevant unit will grant an ASE's reasonable request for a long-term leave of absence during the academic year. Whenever possible, long-term leave should be requested at least 30 days in advance of the begin date of the leave.

The paid leaves described below may be combined for a maximum of six (6) weeks of leave for an eligible ASE during the academic year.

  1. Paid Leave for Pregnancy Disability, Childbirth and Related Medical Conditions (and required additional unpaid leave) for the Birth Mother

    A salaried ASE who is the birth mother shall be eligible to receive up to six (6) weeks of paid leave for pregnancy, childbirth or related medical conditions for the period prior to, during, and after childbirth. Any paid leave taken under this provision shall run concurrently with any leave taken that qualifies as Pregnancy Disability Leave (see section C below).

    (a) Additional Unpaid Leave for Baby Bonding: An ASE who is the birth mother will be approved for up to two (2) additional weeks of unpaid leave for baby bonding.
      
  2. Paid Leave (and required additional unpaid leave) for Other ASEs

    A salaried ASE shall be eligible to receive up to four (4) weeks of paid leave due to the ASE’s serious health condition, as defined under the Family and Medical Leave Act (FMLA), or to care for the ASE's family member who has a serious health condition. Additionally, this leave may be used to care for and bond with an ASE's newborn or child placed with the ASE for adoption or foster care, provided that the leave is taken within 12 months of the birth or placement of the child with the ASE.

    (a) Additional Unpaid Leave: An ASE will be approved for up to two (2) additional weeks of unpaid leave for a serious health condition, or for baby bonding. 

The dean has authority to approve a long-term family-related leave.

C. Pregnancy Disability Leave

Under the California Pregnancy Disability Leave Laws, ASEs are entitled to unpaid leave for up to four months per pregnancy and/or reasonable accommodation for pregnancy disability, childbirth, and related medical conditions. Notwithstanding the foregoing, a Pregnancy Disability Leave will not continue beyond the end date of the ASE’s appointment. The University will maintain and pay for health insurance coverage (University-sponsored Student Health Insurance Plans, or other insurance for non-student ASEs, as applicable) for the duration of the leave, not to exceed four (4) months in a 12-month period under the same conditions that coverage would otherwise have been provided by the University if the employee had been in employment continuously for the duration of the leave.

The dean has authority to approve pregnancy disability-related leave.

D. Bereavement Leave

The relevant unit will grant an ASE's reasonable request for bereavement leave due to the death of a family member. ASEs must be granted up to three (3) days of leave for bereavement per occurrence. Salaried ASEs shall be granted up to three (3) days pay for bereavement on those days the ASE was previously scheduled to work. Bereavement leave for hourly ASEs is unpaid.

The faculty supervisor has authority to approve a paid bereavement leave up to three (3) days. The dean has authority for bereavement leaves of more than three (3) days, whether paid or unpaid.

E. Jury Duty

An ASE shall be eligible for paid jury leave when summoned for required jury duty service. Verification of actual service for jury duty must be provided by the ASE to the relevant unit upon request.

The faculty supervisor has the authority to approve paid jury duty leave.

F. Military Leave

ASEs who are called to active military service will be provided leave from their current positions to fulfill their military obligations to the extent required by applicable law. Military leave will be paid leave to the extent required by applicable law.

Contact the Academic Personnel Office for current legal requirements.

The dean has authority to approve a military leave.

G. Other Leaves With or Without Pay

Other leaves, including but not limited to leave for service to government agencies and leave to attend professional meetings may be granted with or without pay at the relevant unit's sole discretion or if required by applicable law.

The dean has authority to approve other leaves with or without pay in accordance with University policy.

J. CHILDCARE PROGRAMS

1. Participation in Campus Childcare Programs

ASEs may participate if eligible in campus childcare programs, if any, including subsidies and other financial assistance. Information regarding available campus childcare programs can be found at: https://childcare.ucsc.edu/.

2. Childcare Reimbursement Program

Each eligible ASE shall receive up to $1100 per quarter under this program for expenses incurred during the ASE's appointment period in the regular academic year.

Each eligible ASE shall receive up to a total of $1100 during Summer Session for expenses incurred during the ASE's summer appointment(s).

a) Definitions for Section J.2

Allowable receipts: Receipts from a childcare provider with a valid tax ID or Employee Identification Number (EIN) incurred during an eligible ASE's appointment. Expenses incurred before the beginning of or after the end of an ASE's appointment are not eligible for reimbursement.

Child care provider: The child care provider must have a valid tax ID or Social Security number. If care is provided in a day-care center, the center must charge a fee. If the center cares for six or more dependents who are not residents, it must comply with all state and local licensing laws and applicable regulations. Effective April 1, 2019, child care provided by any of the following individuals is not eligible for reimbursement: 1) the spouse of the graduate student employee; 2) a child of the graduate student employee under the age of 19; and 3) anyone that the graduate student employee claims as a dependent for tax purposes.

Eligible ASE: A registered student with at least a 25% ASE appointment who has a qualified dependent. For Summer Session, the ASE must be a registered student during the academic terms preceding and succeeding the Summer Session for which the reimbursement is requested, have at least 25% ASE appointment for the term(s) of Summer Session, and have a qualified dependent.

Qualified dependent: A qualified dependent is a child in the custody of the ASE who is age of twelve or under on July 1st. A child is in the custody of the ASE when they can be claimed as a dependent on the ASE's tax return.

b) Reimbursement Process

    1. At the end of the quarter, summer, or when the maximum reimbursement expense amount has been incurred by the ASE, the ASE downloads the ‘ASE Child Care Reimbursement form' (UBEN 254 form) from the Graduate Division Website: https://graddiv.ucsc.edu/current-students/grad-student-employment/grad-childcare/index.html.

      The ASE completes the UBEN 254 form, certifies that the appropriate program requirements are met and submits the form and applicable childcare provider receipt(s) to the Graduate Division.

      Reimbursement requests cannot be submitted later than the last day of the subsequent quarter, (e.g., reimbursement for fall quarter must be submitted by the end of winter quarter, reimbursement for the Summer Session must be submitted by the end of fall quarter). If the reimbursement is for spring quarter, the request must be submitted before the first day of the fall quarter.

    2. Graduate Division

      The Graduate Division will certify that: the UBEN 254 form is complete; the ASE has a qualified appointment; and the applicable allowable receipts are attached. Once certified, the Graduate Division will authorize payment to the ASE by signing the UBEN 254 form and sending both the form and its attached receipts to the ASE's divisional payroll office.

    3. Divisional Payroll Office

      The relevant unit generates a one-time payment using the online PPS Department Time Reporting screen ‘EDFT.” The DOS code ‘BXC' is to be used for the reimbursement.

      Payment will normally be in the same form as the ASE's regular pay, i.e., check or electronic deposit. If an ASE is no longer actively employed at the time of the reimbursement, a paper check will be issued.

      The relevant unit retains the UBEN 254 form and associated receipt(s) in the ASE's Employment File. These forms must be retained for a period of five years.

      See Sample EDFT Screen for Childcare Reimbursement Program

3. Dependent Care Reimbursement Program

All eligible ASEs shall be entitled to participate in the UC Dependent Care Reimbursement Program (DEP Care).

(a) Eligibility for Participation in DEP Care

ASEs are entitled to participate in DEP Care if they are eligible. An ASE in an eligible title code and an appointment at 43.75% time or greater, or with multiple appointments if the combined eligible appointments equal to at least 43.75%, is eligible to participate in DEP Care.

(b) UC DEP Care Flexible Spending Account Program

DEP Care allows eligible ASE to pay for qualifying dependent care expenses on a pre-tax, salary reduction basis. The amount the ASE specifies when they enroll in the program is taken from their paycheck each month and deposited in their DEP Care account. The ASE pays their dependent care expenses as usual, and then submits a claim form and receipts to CONEXIS, the company UC has hired to administer this program. CONEXIS sends the ASE a reimbursement payment, either by direct deposit to their bank account or by check.

ASEs can access additional information about the DEP Care at the UCnet website : http://ucnet.universityofcalifornia.edu/compensation-and-benefits/other-benefits/flexible-spending-accounts/ase-depcare/index.html Any questions ASEs have regarding DEP Care should be directed to the campus Benefits Office at 459-2013.

(c) Enrollment in DEP Care

Enrollment in DEP Care must be elected each calendar year. An ASE who has decided to enroll in DEP Care must download the enrollment form UPAY 919 from the UCnet website, complete the form and submit it to the campus Benefits Office for processing. The campus Benefits Office may contact the ASE to confirm their enrollment information. Once enrolled in DEP Care, the ASE will need to follow all claim procedures in order to receive reimbursement for their eligible expenses. These claim procedures can be found at the UCnet website.

(d) Program Restrictions

ASEs participating in the Child Care Reimbursement program may not request reimbursement for the same expenses from DEP Care. ASEs participating in the Child Care Reimbursement program will be required to certify on their reimbursement form that their expenses are not being claimed under any other program. Information on the differences between the Child Care Reimbursement program and DEP Care is also available on the UCnet website.

K. DISCIPLINE AND DISMISSAL

Grounds for Discipline or Dismissal

The relevant unit may discipline or dismiss an ASE for just cause. In general, the principle of just cause requires that the degree of discipline be reasonably related to the performance problem or misconduct, and that prior to being disciplined the ASE knew or reasonably should have known of the conduct and job performance expectations. "Discipline" includes: written warning, suspension without pay, or dismissal. A written notice of intent must be issued for suspension without pay or dismissal. Contact the campus Labor Relations office prior to taking any disciplinary actions.

L. GRIEVANCES

A grievance is defined as an alleged violation of the bargaining agreement.

An ASE may file a grievance with the campus Labor Relations Office within 30 calendar days from the date the ASE knew or should have known of the event or action which gave rise to the grievance.