Human Resources

Americans With Disabilities Act

Dakota State University does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities.  The Vice President for Business and Administrative Services has been designated to coordinate compliance with the non-discrimination requirements contained in section 35.107 of the Department of Justice regulations.  Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA educational coordinator at the Student Services Center or the Director of Human Resources.  See also DSU Policy 04-02-00.

Compensation

Dakota State University employees are generally paid on the last working day of each month.  Direct deposit earning statements are distributed electronically by Payroll Shared Services. Paychecks are not distributed.

All payroll actions are handled through the Human Resources staff located in the Business Office.  Social Security, federal income tax and retirement deductions are made, and employees may request additional voluntary deductions for annuities, additional insurance coverage, dues, etc. by contacting Human Resources.  All appointments, changes in status, changes in funding source, or other personnel actions must be reported to Human Resources by completing the Personnel Action Request Form (PAR).

Electronic direct deposit is mandatory for all employees except where prohibited by law.  Please call the Human Resources staff for details and enrollment form.

Convocations and Assemblies

Campus convocations are scheduled each fall and spring by the President and the Student Senate.  All students and faculty/staff are encouraged to attend the convocations.  Student teachers are not excused from their teaching duties unless arrangements are made with the cooperating teacher.

Crisis Management

The DSU crisis communication plan provides procedures for the coordination of communication within the University, and between the University, the media, and the public in the event of an emergency or controversial issue.  Emergencies may include fires, bomb threats, natural disasters, major crimes or death.  See DSU Policy 01-60-00.

DSU also participates in the State of South Dakota’s comprehensive project for the development of Continuity of Operations Plans (COOP) for government agencies to ensure Continuity of Government (COG) in the case of a major epidemic or natural disaster.  Members of the COOP Planning Team include the Vice President’s Council and Director of Physical Plant. 

In Fall 2008, DSU is implementing a Campus Alert Notification System for all students, faculty, and staff.  The vendor selected to provided this system is 3n (National Notification Network).  The service provided through this software will allow us to send critical weather-related and emergency alerts to phone, cell phone, and/or email for those individuals who register with the system. 

Defensive Driving Courses

The state, through the Office of Risk Management, has contracted with the South Dakota Safety Council to provide defensive driving courses for all state employees.  You are encouraged to participate.  To receive the schedule of courses or to register, contact the Human Resources Office.

Drug-Free Environment Policy

It is the policy of Dakota State to provide a drug-free work and study environment.  As a condition of your employment with DSU, you must agree to abide by the terms of this policy.  Employees and students of DSU are strictly prohibited from engaging in the unlawful manufacture, distribution, possession, or use of alcohol or a controlled substance on University owned or controlled property, being present in any University controlled area where such activity is believed to take place, or as part of any of its activities or employment.  If you are convicted of a violation of a criminal drug law or admit in court to a criminal drug law violation, you will be subject to appropriate disciplinary action, which may include termination.  You must notify the Human Resources Office within five calendar days if you are convicted of a drug violation.  If you are convicted and your employment is not terminated, you may be required to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.  A copy of DSU's Drug Free Environment policy is contained in Appendix D.  See also DSU Policy 02-74-00;and BOR Policy 4:27.

Educational Release Time Policy

All full-time overtime eligible non-faculty employees of the Board of Regents with one or more years of continuous full-time service immediately prior to the academic census date may request approval to take up to three clock hours per week of classwork without being required to make up this time.  Employees should forward requests through their supervisor to the college/department head.  Either supervisor can deny the request.  All hours over the three clock hours limitation must be made up.  If time off is allowed to attend classes, the supervisor must assure that the job requirements are met. 

All full-time employees exempt from the overtime provisions of the Fair Labor Standards Act with one or more years of continuous service immediately prior to the academic census date may also request permission to enroll in classes held during normal business hours.  As with overtime eligible employees, the request must be approved by the employee's immediate supervisor and the college/department head.  If time off is allowed to attend classes, the supervisor must assure that the job requirements are met. See BOR Policy 4:17.

Employee Leave

Annual Leave: Eligible employees with less than 15 years of service earn 120 hours of annual leave per year.   Annual leave may be accumulated to a maximum of 240 hours.  Eligible employees with more than 15 years of service earn 160 hours of annual leave per year with a maximum accrual of 320 hours.  Permanent employees who work less than full- time shall accrue prorated annual leave based on the number of hours paid in the pay period.

New employees may not use annual leave until completing six months of employment.  Requests for annual leave must be approved by an employee's immediate supervisor prior to the time of departure.  Leave requests may not exceed the amount accumulated.  Upon retirement or resignation, an employee will be paid for accumulated annual leave.  However, an employee is not eligible for payment of annual leave if he or she leaves employment during the probationary period.

Sick Leave: Full-time permanent employees accumulate 112 hours of sick leave per year.  Accrual is unlimited and can be used any time after it's earned for personal illness or injury; or required health, dental or vision care.  Permanent employees who work less than full time shall accrue prorated sick leave based on the number of hours paid in the pay period.

Employees must notify their immediate supervisor of illness or personal leave prior to the employees' normal starting time or as soon thereafter as possible.  Failure to notify one's supervisor of absence may be cause for disciplinary action.  

Employees who have been continuously employed for seven years and who voluntarily resign will receive payment for 25 percent of accumulated sick leave up to 480 hours at their final rate of pay.  Employees who are terminated for just cause will receive no payment for unused sick leave.   

Faculty members, generally on less than 12 month contracts, do not earn annual leave but receive the regular school vacations and holidays. They earn sick leave at the appropriate rate during their period of appointment.  

Personal Leave: Personal leave may be granted for (1) a death in the immediate family*, (2) the temporary care of members of the immediate family, (3) volunteer police or rescue work, or (4) a call to state active duty in the military reserve or national guard.  Personal leave is deducted from the employee's accumulated sick leave and may not exceed 40 hours per calendar year.

*Immediate family includes the employee's spouse, child, parent, mother-in-law, father-in-law, daughter-in-law, son-in-law, sibling, grandparent, grandchild, stepchild, stepparent.

Family and Medical Leave: Family and medical leave is available to an employee of the state who has worked for twelve months or more and who has worked 1,250 hours or more.  Up to twelve weeks of sick leave, personal leave, annual leave, leave without pay, or any combination of these leaves may be taken as family and medical leave.  Leave usage must be consistent with State and Board of Regents policy, and the administrative rules governing leave usage. An employee may request family and medical leave for any of the following purposes:

1. the birth of a child of the employee and care for the newborn child;  

2. the placement of a child with the employee for adoption or foster care;

3. the need to care for the spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition; 
4. or a serious health condition which makes the employee unable to perform the functions of the employee's position.

If the family medical leave event is foreseeable, employees must provide their supervisor with at least 30 days notification. For any request, please contact Human Resources for guidance or see BOR Policy 4:15.

Advanced Sick Leave: An employee who has been employed by the state in a permanent position for one year or more may request advanced sick leave for not more than 28 days once all other leave is exhausted. An employee requesting advanced sick leave must submit a signed request supported by a statement from their doctor.  The request must be approved by the President and BOP Commissioner before advance sick leave is granted.  An employee who terminates employment before advance sick leave has been repaid must repay the remaining advanced hours at the employee's final rate of pay.

Donations of Leave:  An employee may be able to donate annual and/or sick leave to a fellow State employee who is terminally ill and unable to return to work, or who is suffering from an acutely life threatening illness or injury, and has exhausted his own accumulated leave.  An employee may receive donated vested annual leave if the employee’s spouse, child, or parent has been certified by a physician as terminally ill or suffering from life-threatening illness or injury.  The employee has to have exhausted all of the leave benefits that the employee is entitled to use.  For information on donor and/or recipient requirements, contact the Human Resources Office.

Administrative Leave: Administrative leave shall be granted in the following situations, allowing an employee to receive compensation for the hours the employee would normally have worked with no loss of leave.

1. an office is administratively closed.  (For example, in the case of inclement weather*, power outage, etc.)  
2. an employee is a member of a volunteer fire department, reserve law enforcement unit, emergency search and rescue squad, or ambulance service and is called to duty during working hours.
3. Pending an investigation of charges made against an employee upon which disciplinary action could be taken.
4. For any other purpose that has been requested in writing and approved by the Executive Director of the Board of Regents.

* Storm Day Policy: If an institution closes under any circumstances, e.g., inclement weather, power outages, broken pipes, inoperable furnace/air conditioner, civil disturbances, etc., employees will be granted administrative leave.  Hours accumulated during this time will not be used in computing overtime.  In circumstances of inclement weather where the office is not closed, personnel who cannot reach work will be required to take annual leave, leave without pay, accrued compensatory time, or adjusting the workweek as approved by the supervisor.  If the institution is closed, but essential employees are required to report to work, these employees will receive payment for the administrative leave hours (at straight rate) plus the hours they were required to work during the emergency. For more information, see BOR Policy 4:40.

For questions regarding the above leaves or additional leaves contact the Director of Human Resources.  

Employee Orientation

To assist new employees in their orientation to Dakota State University, a general orientation web page has been established. New employees, including student employees, are required to view this web page, preferably on their first day of employment, but no later than the third working day. The information includes but is not limited to a general overview of the governance and history of the University, policies and procedures, employee benefits, leave, and other important information. The URL is http://www.departments.dsu.edu/hr/orientation/ .

Equal Employment Opportunity

Dakota State University prohibits discrimination against any individual for reasons of race, color, sexual orientation, national origin, sex, religion, age, or handicapped status.  Equal opportunity for employment in both academic and non-academic positions will be extended to all persons, and the University will promote equal opportunity through its competitive search processes.  Employees or applicants for employment may take grievances based on discrimination to the Director of Human Resources (Business Office).  See BOR Policy 1:19.

Facilities and Equipment

Items owned by DSU are intended to be used only for DSU business.  Extenuating situations requiring use of DSU facilities or equipment for non-DSU business must be approved by the Vice President for Business and Administrative Services or in some cases, by the building supervisor.  Scheduling of classrooms and computer laboratories is handled through the appropriate college office.  The Student Services Center staff reserves meeting facilities in the Trojan Center and the Brinker Conference Room in Heston Hall. The Mundt Foundation, in the lower level of the Library, is reserved by contacting Mundt Foundation Staff. Any loan of University equipment should be for legitimate educational purposes and should be approved by the Department Head or Dean and the Vice President for Business and Administrative Services.  Specific records on such loans will be kept by the office loaning the equipment.  Records will include dates, inventory numbers, and persons or agencies to whom the loan is made. For further information, refer to DSU Policies & Procedures Manual, 01-76-00, 01-84-00, and 01-87-00.

Fraud

The Board of Regents strictly prohibits fraudulent acts by its employees. Fraud is defined as the following:

• Intentional or deliberate act to deprive the State, the Board, or anyone associated with an institution  governed by the Board of something of value (property, money, services, or opportunities).
• Deception (false representation of fact), or concealment of information that should have been disclosed to another party leading to injury of the State, the Board, or anyone associated with an institution governed by the Board.

Examples of a fraudulent act include (but are not limited to) embezzlement, alteration or falsification of documents, theft of any asset, or misrepresentation of fact. Employees performing a fraudulent act will be subject to disciplinary action including possible termination of employment. * The Controller is the contact person for reporting suspected fraudulent activity. For further information, refer to BOR Policy 4:37.

* *Supervisors shall communicate the provisions of this policy to employees.

Holidays

All permanent status employees receive their regular pay for ten legal holidays plus any other day proclaimed as a holiday by the Governor or the President of the United States. The following holidays are recognized by the State of South Dakota:

When a holiday falls on a Saturday, the preceding Friday is observed as the paid holiday for state employees. If a holiday falls on a Sunday, it is observed on the following Monday.

Insurance Coverage

All eligible employees of the University are covered by life, accidental death and dismemberment, and hospital and major medical insurance. Covered employees' dependents are also eligible for the coverage at the employees' expense and may be included under the plan options. In compliance with Federal law, the State of SD is required to offer employees and their eligible dependents the opportunity for a temporary extension of health coverage in certain situations where coverage under the plan would otherwise end.

Flexible Benefits Plan.  The Flexible Benefits Plan was implemented by the state to provide an opportunity to reduce taxes and increase take-home pay. Certain benefits and expenses can be paid for through the plan and actual costs reduced. The cost saving advantage of the plan is simple: any benefit or expense paid through the plan is tax free.

Health Education and Promotion. The State of SD offers its benefit-eligible employees several opportunities to become more actively aware of their personal health and health-related issues.  Your State of Health is a statewide health management program that provides tools and information to enhance your personal health and well-being with links to:

• Program Incentives including information about how you may have an opportunity to earn a credit of up to $200 in a Health Risk and Wellness Account 
• Health Screenings
• HealthySD.gov Wellness Program
• High-Risk Follow Up Program
• Disease Management Programs
• Work Site Health Programs
• Self-Care Guide 
• Weekly Tips

For more information on any of these benefits, contact the Human Resources Office.

Annual memberships to The Community Center are also available through payroll deduction.  For more information, please contact the Human Resources Office.

Lactation rooms will be made available upon request by contacting the employee’s immediate supervisor and the Director of Human Resources.

Media Relations

When faculty or staff write articles or letters to the public news media on a controversial issue, they should make it clear that they do so as citizens, not as representatives of the University.   University stationery may not be used for personal activities.

Nepotism

Close relatives may be employed in the same or different departments, however, an employee may not supervise a close relative.  Where necessary to protect the interests of such close relatives, alternative supervisory arrangements shall be made.  (More information is contained in BOR Policy 4:22.

Overtime

Employees who are in a position that is subject to the Fair Labor Standards Act (FLSA) and are asked to work more than forty hours in one work week (Sunday through Saturday) will be compensated by either overtime pay or compensatory time at the rate of one and one half times their hourly wage.  All overtime hours must be approved by the supervisor prior to being worked.  Cash payment for overtime worked must receive advanced authorization from the Vice President for Business and Administrative Services.  Compensatory time may be accumulated to a maximum amount of 40 hours.  See also BOR Manual 4:25;and DSU Policy 02-01-00.

Parking

DSU operates a color-coded parking system.  All faculty, staff and students must register all vehicles used on the DSU campus regardless of whether a parking permit tag is purchased.  Parking tags may be purchased at the Physical Plant.  A copy of the parking regulations for the current year appear in Appendix E.

Political Activity

Employees may seek and hold elective political office.  Employees, both during any election campaign and during the term of any part-time office to which the employees may be elected, are required to make specific arrangements with the President to assure that the employees' regular duties are performed.  Employees elected to a full-time public office are entitled to leave without pay consistent with the BOR Policy Manual 4:15.

Employees may take part in political activities, except during regularly scheduled working hours.  Employees must comply with general regulations governing lobbying and the specific Statute making the Executive Director of the South Dakota Board of Regents the official contact for the State's higher education institutions with the Legislature.  Faculty or staff members are free to represent their own views but should not represent them as institutional views.  See BOR Policy 4:21.

Public Entity Pool for Liability (PEPL Fund)

The Public Entity Pool for Liability (PEPL Fund) was created to provide tort liability coverage for employees of the State of South Dakota.  PEPL provides State employees with a $1 million per occurrence coverage limit for general liability, public officials errors and omissions liability, automobile liability, law enforcement liability, and some medical malpractice liability.  Details of the coverage are provided in a formal “Agreement” and “Memorandum of Coverage” between the State and PEPL. 

A State employee is defined as all current and former employees and elected officers of the state, whether classified, unclassified, licensed or certified, permanent or temporary, whether compensated or not.  The term includes employees of all branches of government including the judicial and legislative branches and employees of constitutional, statutory and executive order boards, commissions and officers.  The term does not include independent contractors.

For details of the coverage, please refer to the formal Agreement and memorandum of Coverage, found in Appendix F.

Reduced Tuition

SDCL 3-20 provides a 50% tuition reduction for individuals who meet the following criteria and are admitted to the University:

1. Continuously employed by the State in a regular, benefits-eligible position for a period of one year or more;

2. Is a bona-fide resident of the State;

3. Maintains an academic grade of 2.0 or better;

4. Received a rating of competent or better in the most recent merit appraisal or is otherwise certified as competent by the immediate supervisor; and
5. is a benefit-eligible employee.

Applications for reduced tuition are available in the Business Office or on-line on the Human Resources web page. Reduced tuition may be used for a maximum of six undergraduate or graduate credit hours per semester.  Enrollment of persons paying reduced tuition may be cancelled if the maximum enrollment of a course is met by full tuition enrollees.  See BOR Policy 5:5:1.

Retirement Plan

All employees of the University who have regular appointments and are at least half-time are automatically participants in the South Dakota Retirement System.  Payroll deductions are taken at the rate of 6% of total compensation and are matched by the Board of Regents.

To be eligible for full retirement benefits, normal retirement age is 65 with at least three years of credited service under the SDRS.  Your normal retirement date is the first day of the month of your 65th birthday.  There is no mandatory retirement age.  There are several opportunities to retire before your normal retirement date, depending on your age and years of service.

Death benefits are paid if a member dies while participating in SDRS.  The Family Benefit is payable when children under the age of 18 are in the home, and the Spouse Benefit becomes effective when a member's spouse reaches age 65.  You can also purchase additional coverage which will pay a benefit to your spouse for the span of years not covered by the basic plan.  SDRS also pays survivor benefits to your spouse after you have retired, provided your spouse has been married to you before your retirement date, and at least 12 months before your death.

The South Dakota Retirement System also provides disability benefits for employees who have three years of credited service or for employees who are accidentally disabled while performing the usual duties of their job.  If you cannot work because of a disability that occurs before age 65 and is expected to last one year or longer, you may be eligible to receive a monthly benefit from SDRS.

For more detailed information about your retirement plan, see the SDRS booklet titled “Income for Your Retirement-Class A”, the SDRS web page  or the DSU Human Resources web page.

Sales to Students by University Personnel

University personnel (full-time or part-time) are prohibited from soliciting or selling insurance policies or educational supplies of any kind to students.

School Work Adjustment Policy

The School Work Adjustment Policy encourages state employees to volunteer time in support of their local school district's activities.  Regular employees who have worked at least six months for the state are allowed to request adjustment of their work schedules so they can be absent three hours every two weeks to participate in school support activities for grades K-12.  The employee must make up the missed hours.  See DSU Policy 02-73-00.

Seat Belt Policy

Executive Order 88-7 requires state employees who are driving or are passengers in state-owned vehicles covered by the state's automobile liability insurance policy to wear seat belts. 

Sexual Harassment

Sexual harassment is prohibited.  All employees are responsible for ensuring that the work and study environment is free from sexual harassment.  A complete copy of the DSU Sexual Harassment policy is contained in Appendix G.  See also BOR Policy 1:17.

Solicitations

Solicitations by salesmen, agents or peddlers, for the sale of goods or services to students, faculty or staff on any portion of the Dakota State University campus is prohibited except as hereinafter provided:

       1.   Display and sale of goods and services to authorized representatives of the University for University purposes;

       2.   Display of instructional materials used in colleges may be permitted; and

       3.   Groups and individuals may appear by invitation of authorized University personnel to present proposals for group consideration.

Tobacco Use

The use of tobacco products is prohibited in all DSU facilities and motor vehicles. Faculty, staff, students and visitors to DSU are asked to also refrain from smoking within ten feet of building entrances to keep entrances smoke-free.
See DSU Policy 02-75-00 and BOR Manual 4:29.

Worker's Compensation

If you are injured or contract a disease peculiar to your employment and the injury or disease arose out of and in the course of your employment, you must report it as soon as possible.  Notice must be provided no later than three business days after the occurrence by completing an online First Report of Injury form at http://www.departments.dsu.edu/hr/forms/hardcopy/ Electronic_Firs_Report_Injury1.pdf .   Report the circumstances of the injury or disease to your immediate supervisor.  Failure by the employee to file the claim on time may result in denial of the claim. See the DSU HR web site for more information.

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FACULTY
A complete description of faculty policies including rank, promotion and tenure, grievance procedures, etc., can be found in the COHE Agreement, as well as Chapter 4 of the Board of Regents Policy Manual.  Both documents are available electronically on the South Dakota Board of Regents web site.

Appointment

Faculty members shall receive a term, tenure-track, or tenure contract offer signed by the President for each year they are employed.  The faculty member shall have twenty calendar days to accept the offer and it must be approved by the Board of Regents before it becomes binding.  See BOR Policy 4:1.

Commencement

Faculty members are required to participate in the annual fall and spring Commencement activities and are expected to wear appropriate academic apparel.  Faculty not able to participate due to legitimate University related activities must seek written approval from the Vice President for Academic Affairs prior to Commencement.

Consulting/Private Practice

Faculty members (who do not earn annual leave) may enter into private practice, private consulting, additional teaching or research, or other activity for which additional compensation is received.  Four consulting days per month will be allowed and will be cumulative to a maximum of six days, with all accumulated time to terminate at the end of the faculty member's contract period.  The faculty member must:

1. Apply in writing to the President on a "Request to Engage in Private Practice/Consulting Form" prior to engaging in such activity or contracting to do so;

2. Report to the President the activity, duration of the activity, and the number of hours which were devoted to the additional activity;

3. Limit and restrict such activity so that it does not interfere with assigned responsibilities;

4. Reimburse DSU for any institutional space, equipment, personnel, and materials used for such additional activity

See BOR Policy 4:19.

Faculty Absence Due to Illness

In case of illness requiring special arrangements for covering or cancellation of classes, please notify the Dean as soon as possible in order that appropriate arrangements can be made. A University “Request for Leave” form can be obtained from the DSU HR web page and must be completed as soon as the faculty member returns to work. The University “Request for Leave” form is forwarded to the Human Resources office by the department secretary.

Faculty Evaluation Process

Performance evaluations are established in accordance with procedures outlined by the Board of Regents. All faculty unit members are evaluated on an annual basis by their immediate supervisor. See BOR Policy 4:13; and COHE Agreement. Student Opinion Surveys are used as part of the evaluation of faculty unit members as required by Section XI of the COHE Agreement. See DSU Policy 02-41-00.

Faculty Office Hours

Every faculty member is expected to have established office hours and to be in his/her office at the time scheduled.  Full-time faculty will schedule a minimum of ten hours per week, distributed over a minimum of three days in the week.  Part-time faculty will prorate this amount.  These office hours are to be posted and also provided to the Vice President for Academic Affairs at the beginning of each semester. 

Grievance Procedure
 
A formal grievance procedure is available to faculty members.  Procedures are outlined in the Agreement between the Council of Higher Education and the Board of Regents (COHE Agreement, Section VII).   See also BOR Policy 4:7.

Personnel Records - Faculty
 
A single official personnel file will be maintained on each faculty member at a central location designated by the President.  Faculty personnel files are housed in the President’s Office.  Business records concerning faculty may be maintained in the Business Office.

Faculty shall have access to their personnel and business record files, exclusive of confidential pre-employment placement credentials, during normal business hours and may request copies, at their own cost, of the contents of the file.  For more information, refer to the COHE Agreement, Section XVII. 

Sabbatical/Faculty Improvement Leave  

A faculty member may apply for sabbatical leave after six or more consecutive years of full-time employment and for faculty member improvement or career redirection leave after three consecutive years of full-time employment.  Approval for such leaves must be obtained from the Board of Regents and is contingent upon the faculty member presenting plans for formal study, research, or other experiences which are designed to improve the quality of service of the faculty member to the institution.  Procedures are outlined in the BOR Policy 4:15 and COHE Agreement, Section XXI.

Secretarial Assistance
  
Each college has a minimum of two full-time secretaries and the colleges establish their own procedures for serving the needs of faculty of the college.  The secretaries will provide information on such things as institutional procedures and will provide appropriate copies of office forms.

NON-FACULTY
Board of Regents policies governing non-faculty employees who are exempt from the Career Service Act can be found in Chapter 4 of the Board of Regents Policy Manual.

Appointment

All exempt employees are employed upon the recommendation of the President and approval of the Board of Regents and will serve at the pleasure of the Board. Non-faculty exempt employees may be reassigned without cause to positions considered equivalent or lower in stature during their contract period, so long as the employee’s salary is not decreased during the term of the then-current contract. An employee’s contract may be terminated for cause at any time during the term of the contract.

Exempt Employee Professional Development

Exempt employees may apply for professional development leaves after three consecutive years of full-time employment in the system.  Procedures are outlined in the BOR Policy 4:15.

Grievance Procedure

A formal grievance procedure for non-faculty exempt employees is contained in BOR Policy 4:8.

Personnel Records - Exempt Employees

Unless required for grievance or litigated matters, all exempt personnel records pertaining to applications for employment, to personnel investigations, to performance appraisals and to other personnel-related materials will be held confidential.  An exempt employee's name, title, salary, institution and department number may be released upon request.  Additional information may only be released upon written authorization signed by the employee or if traditionally released or required by management needs of the state higher education system. See BOR Policy 4:3.  The official personnel files of exempt employees are maintained in the President's Office.

Working Hours

Normal working hours for exempt employees are forty hours per week.  Exempt employees categorized as political, professional, executive or administrative are not eligible for overtime pay.  Those not categorized in one of the aforementioned areas are subject to the FLSA overtime provisions outlined in BOR Policy 4:25.

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CAREER SERVICE
Board of Regents policies governing Career Service Act employees can be found in Section 4 of the Board of Regents Policy Manual. CSA employees are subject to Bureau of Personnel Rules and Regulations and are governed by SDCL 3-6 and 3-6A and the Joint Powers Agreement between the Career Service Commission and the South Dakota Board of Regents.

Appointment

Annual salary information is provided to each CSA employee at or near the beginning of the fiscal year. 

Advisory Council

A State Career Service Advisory Council is organized to promote communications between the Board of Regents, Office of the Executive Director, Council of Presidents and Superintendents, and career service employees through discussion of matters of concern to all parties.  A career service employee from each of the institutions reporting to the Regents is elected to attend the Advisory Council meetings held in October and April.

Career Service Council

The Dakota State Career Service Council is established to serve as a liaison between all CSA employees and the President of DSU and the Board of Regents.  The Council is composed of voting members who are elected from their respective classification groups, including clerical, custodial, maintenance, general administrative and technical administrative, using an approximate ratio of 1 representative per 15 members.  Additionally, two non-voting members including the CSA President and CSA Vice President are members of the Council.  See Appendix C for the Career Service Council By-Laws and Policy Statement.

Classification Plan

Following a review of the duties, responsibilities and authority, each position has been classified into a group of positions of similar nature called a class.  Class specifications can be viewed at  http://www.state.sd.us/bop/Classification/classification.htm, or you can request a copy of your class specifications from the Director of Human Resources.  The duties listed are general examples of the work performed by employees in that classification.

Review of Position:Career Service Act employees may request a review of their current classification (usually due to a significant change in duties or responsibilities), by completing the employee section of a Position Description Questionnaire (PDQ) and submitting it to the employee's immediate supervisor.  This form is available in the Human Resources Office or can be downloaded from the HR website.  If a position is vacant or if the employee is absent and unable to prepare the PDQ, the PDQ may be completed by the immediate supervisor. 

The immediate supervisor will review and complete the Supervisor's section of the PDQ within thirty (30) calendar days after its receipt.  The PDQ shall be forwarded to and reviewed by the supervisor and then forwarded to the Human Resources Office.  In the event that a supervisor is unable to review within the 30-day period, the employee may skip this step and forward the PDQ to the Human Resources Office.  This does not constitute a failure to meet the timeframes, but rather a process the employee can follow to provide the PDQ to the necessary party for review. Human Resources will review and audit the position and make a recommendation for action.

The recommendation of the institution will be reviewed and approved or disapproved by the Regents' Human Resource Director.  The completed action will be returned to the institution and the employee will be notified as to the status of the request.  If the employee is not satisfied with the classification action, the employee has fourteen (14) calendar days from receipt of the notice to appeal the decision to the next step.

To appeal the decision, the employee must submit a written letter of appeal to the Executive Director of the Board of Regents for referral to a Classification Review Committee. The Committee will consist of one career service employee and one disinterested human resource representative from another Regental institution. In a case where the SD Bureau of Personnel has completed the original audit leading to the disputed recommendation, the Bureau of Personnel shall provide for a member of the committee who will serve in place of the Career Service employee as a voting member of the committee. In such case, a Career Service employee will be appointed to the committee and will serve in an advisory capacity. The committee will be formed and a meeting date set to review the contested classification action within twenty-one (21) calendar days of receipt of the appeal notice from the employee. All hearings are conducted via teleconference unless other modifications are deemed necessary and approved by the SDBOR Director of Human Resources. The Committee will recommend a decision to the Executive Director.

The Executive Director will notify the institution's Human Resource Director, the employee, immediate supervisor, and President of his decision within thirty (30) calendar days of the Classification Review Committee meeting.  The decision of the Executive Director may be appealed by the employee to the Career Service Commission by filing written notice of appeal with the Commissioner of the Bureau of Personnel within fourteen (14) calendar days of notice of the decision.

See BOR Policy 4:9 for more information.

Rate of Pay on Reclassification to Higher Pay Grade: In the event of a reclassification of a position to a classification with a higher minimum rate, the incumbent may receive the minimum rate or up to a five percent increase in base pay, whichever is greater.  In no event can the incumbent receive less than the minimum or more than the maximum of the salary range of the new classification.  An employee's salary must be adjusted to at least five percent above the minimum of the salary range upon completion of six months of service in the new classification.  (ARSD 55:01:18:18)

Disciplinary Action

A CSA employee may be disciplined for cause at any time.  Before disciplined, the employee will be notified in writing of the specific reasons for the proposed actions and provided an opportunity for a hearing.  The employee will be given the opportunity to present reasons why disciplinary action is not appropriate.  The reasons may be presented either in person or in writing.  Prior to imposition of any intended disciplinary action, the employee may be suspended with pay until the meeting, receipt of written response or waiver by the employee of the right to respond.

The employee will receive written notice of the decision within five working days of the hearing or the employee's written response, whichever occurs later.  The notice will also advise the employee of the institutional grievance procedure.

If an employee's work is unsatisfactory, the employee will be notified in writing that disciplinary action may be taken unless the employee's performance improves.  The employee may be placed on a work improvement plan which will last a minimum of thirty calendar days.  The work improvement plan will tell the employee where the employee's performance is unsatisfactory and the level of performance that is expected.  If the employee's performance does not improve to an acceptable level, disciplinary action may be taken.  Disciplinary action may include suspension without pay, reduction in salary, demotion or termination.

In addition to unsatisfactory work performance, just cause for disciplinary action also includes, but is not limited to:

1. Conviction of a felony;

2. Insubordination;

3. Being under the influence of a controlled drug or alcohol at work;

4. Fraudulent use of sick leave;

5. Poor attendance;

6. Falsification of time sheets or leave requests;

7. Negligence with state money or property;

8. Sexual harassment.

This list includes examples of the types of conduct that may call for disciplinary action.  Other just causes are provided in ARSD 55:01:12:05.  If you have specific questions regarding other causes for discipline, contact the Human Resources Office.

Grievance Procedures

A grievance is a complaint by an employee concerning the application or violation of an existing policy, personnel rule or directive as it applies to conditions of employment.

The grievance procedure provides a just and equitable method for the resolution of grievances without discrimination, coercion, restraint or reprisal against an employee who may submit or is involved in a grievance.  A grievant that fails to comply with the timeframes outlined in the grievance procedure will have his or her grievance withdrawn.  If a grievant voluntarily terminates their employment, the grievance will be withdrawn.

After an employee has exhausted the grievance procedure established by the BOR, the employee may appeal to the Career Service Commission. See BOR Policy 4:9.

Layoff/Reemployment Preference

The University may layoff an employee or reduce the regular working hours of an employee in the Career Service whenever necessary.  Reasons justifying layoffs or reduction of hours include, but are not limited to, shortage of funds or work or loss of enrollment; material change in duties or organization; internal reorganization resulting in the elimination of a position; or inefficient or non-productive position.  Proper layoff notification procedures must be followed by the administration using priorities for layoff as outlined in BOR Policy 4:24.

A status Career Service employee who has been notified of a layoff, or who has had regular working hours reduced may request that his or her name be placed on a certification for any position for which the employee applies and qualifies as a certified applicant.  Any certified applicant who has requested reemployment consideration shall be identified on the certification as an applicant who must be interviewed by the appointing authority. The employee must submit a request for reemployment consideration within 45 days after layoff, termination, or demotion to the Bureau of Personnel. Eligibility for reemployment consideration expires one year from the effective date of the layoff, termination, or demotion. If an employee requests reemployment consideration before the effective date of layoff, termination, or demotion, reemployment consideration expires one year from the date of the request. If an employee is reemployed in a permanent position with hours comparable to the employee's previous job within one year of layoff, termination, or demotion, eligibility for reemployment consideration expires on the date of reemployment.

Performance Appraisal

The state has a formal performance appraisal system for its Career Service employees.  The employee and their supervisor should establish and review the performance planning and review document within the first few weeks of employment.  At the end of three and five months of employment, performance will be evaluated to determine how the employee is progressing.

Once a person is a status employee, a formal performance appraisal document will be established by the employee's supervisor. The review will be used to guide the employee’s daily activities and to provide a means for planning and reviewing job performance.  Supervisors and employees are required to sign the form, as signatures indicate that the supervisor and employee have discussed performance and the written comments.  Signing the document does not necessarily indicate agreement; however, failure to sign the document may result in disciplinary action. Employees may provide comments or attach notations of exceptions to the performance appraisal document along with reasons for those exceptions.  For Career Service employees, performance will be reviewed annually.

Personnel Records - CSA Employees

Information on an employee's salary and classification will be released upon written request. Additional information may be released if the request is accompanied by an authorization signed by the employee.

Employees have the right to review their personnel file. Such review will be done in confidence with the Director of Human Resources or his/her designee.  Employees also have the right to obtain a copy of the contents of their personnel file at their own expense.  CSA personnel files are housed in the Human Resources Office.

Probationary Period

New employees must serve a probationary period when they begin state employment.  The probationary period lasts for the first 1040 regular hours of work, excluding overtime.  This amounts to approximately six months for full-time employees who have not taken leave without pay during the probationary period.

An employee may be dismissed at any time during the probationary period.  Their only right to appeal a termination during the probationary period is on the basis of a prohibited form of discrimination.  During the probationary period employees will have two formal reviews of performance.  These will be at the end of three and five months of employment.  Following successful completion of the probationary period, an employee achieves status in the Career Service.