Human Resources – Non-Faculty Exempt
NFE Code of Conduct/Misconduct
Reduction in Force
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.
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.
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 Academic Vice President's Office.
NFE Code of Conduct/Misconduct
In order for the Board of Regents to maintain an effective orderly, safe and efficient work environment, this policy governs the Code of Conduct/Misconduct of Non-faculty Exempt (Administrators, Professionals and Students) employees. Most violations, as well as poor or unacceptable work performance, are handled in accordance with the steps outlined. The guidelines below are not meant as an all inclusive list.
The Board may discipline any employee for failure to perform as provided by the Institution and Board of Regents policy and practices. Taking into consideration the nature of the conduct, past service, achievements and other mitigating circumstances, any departure from or failure to abide with the Code of Professional Conduct/Misconduct, as herein referenced, may result in any of the following alternative actions:
B. Temporary suspension from duties with, or without, loss of pay commensurate therewith; and
Except in the case of all warnings, under subparagraph 2(A) above, if the administration has determined that probable cause for discipline exists, the employee will be furnished written notice of the allegation supporting the determination and the administration's intended disciplinary action. The matter will be discussed with the employee.
The discipline shall be effective on the date specified by the institution subject to review and approval by the Board of Regents. The foregoing notwithstanding, the administration may suspend the staff member, with pay, pending the final action by the Board to discharge, if the character of the charges and the nature of the conduct warrant such action.
With full recognition that there exists traditionally recognized and accepted standards of conduct for employees within the Regental System, the following rules of conduct, though not all inclusive, shall be deemed to be within such recognized standards:
A. The employee has violated any Board of Regents or institutional policy;
B. The employee violated confidentiality or non-disclosure agreements;
C. The employee disrupts the efficiency or morale of the department;
D. The employee is careless or negligent with the money or other property of the state or property belonging to any person receiving services from the state or has stolen or attempted to steal money or property of the state or property belonging to any person receiving services from the state;
E. The employee has failed to maintain a satisfactory attendance record based on the established working hours or has had unreported or unauthorized absences;
F. The employee has made a false or misleading statement or intentionally omitted relevant information during the application and selection process;
G. The employee has intentionally falsified a state record or document;
H. The employee has violated statutes or standard work rules established for the safe, efficient, or effective operation of the campus;
I. A failure to correct deficiencies in performance in compliance with a constructive plan.
J. A substantial breach of recognized published standards of professional ethics for the employee’s profession.
K. Conviction of any felony or the conviction of a misdemeanor involving moral turpitude.
L. Unauthorized absence from duties without prior notification or justifiable cause or excuse for the absence.
M. The unlawful or unauthorized manufacture, distribution, dispensing, possession or use of alcohol or controlled substances while on duty or while on premises owned and controlled by the Board of Regents or used by the Board of Regents for educational, research, service or other official functions.
N. The wrongful refusal or failure to follow or comply with lawful orders or instruction of a superior, unless such instruction or order is in contravention of applicable provisions of a collectively bargained agreement, statute or regulation.
O. The use of alcohol, marijuana, or other controlled substances, which significantly impairs performance of duties.
P. Theft of state owned or controlled property.
Q. Harassment of students or employees as defined in BOR Policy 1:17.
R. Intentionally and wrongfully counseling, inciting, or participating in validly proscribed student or faculty conduct activity.
S. Any substantial or irremedial impairment of the ability of a staff employee to perform assigned duties.
If an employee holds faculty rank, then procedures as faculty member shall be followed
(BOR Policy 4.14) provided that just cause for termination under this policy shall be
deemed just cause for termination under the faculty appointment unless Policy 4.14 specifically provides otherwise.
Reduction in Force
A layoff is any curtailment of the work force which makes it necessary to reduce the regular working hours or to terminate the contract of an employee. Employees completing terminal contracts are not laid off if their contract should not be extended or renewed. The Board of Regents may lay off a non-faculty exempt employee mid-contract for the reasons below.
Non-faculty exempt employees may be laid off at any time for the following reasons:
A. Legislative action;
B. Loss of grant, contract or other funding;
C. Governor’s executive order; or
D. Reorganization. A Board of Regents appointing authority may only use this as a means to lay off an employee for such occasions as privatization, the movement of a function to another state agency, the elimination of an organizational function, the consolidation of departments or functions, or a reduction in a program’s activities.
An employee shall be given a minimum of fourteen (14) calendar days written notice prior to the effective date of the layoff or reassignment. The notice shall include:
1. Reasons for the layoff.
2. Information concerning the right to appeal.
3. The date of a meeting affording the employee the opportunity to present reasons why the layoff should not take place.
4. Date of the layoff.
Any laid off employee must take his earned annual leave in a lump sum. Laid off employees with seven (7) or more years of consecutive service shall be entitled to payment of one-fourth of their accrued unused sick leave, not to exceed four hundred eighty (480) hours. Such payment shall be made in lump sum with the last payroll warrant as required by South Dakota law and administrative rule.
Exempt employees categorized as political, professional, executive or administrative under the Fair Labor Standards Act 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. Employees who are exempt from the FLSA are expected to work the hours necessary to complete assignments. BHSU's official hours of business are 8 am - 5 pm. During business hours, each office is expected to be fully operational. Leave is not to be taken in less than 8 hour increments. Employees must continue to obtain approval from their supervisor prior to an absence from work. Managers are expected to set the normal working hours and approve time away from the job for employees not eligible for overtime, regardless of whether leave must be taken.