V802.06 Use of University Property

Reference: SBHE policy 802.6, section 5c

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The purpose of policy V802.6 is to:

Establish authority for employees to use university property at an off-campus location
Inform employees of state policies regarding personal use of state property
Establish campus policy governing disposal of surplus property

Off-campus use of University Property

Use of a VCSU issued notebook computer is subject to the terms of the contract signed at time of acceptance of the notebook computer.
There are legitimate circumstances when it is advantageous for employees to take University property to an off-campus worksite for a temporary period of time to facilitate the completion of specific university related job assignments. Employees may use University property at an off-campus worksite for such purposes provided the employee accepts full responsibility for any loss or damage to the property if a loss is incurred and the University's insurance does not cover the property specified because said equipment was not on campus at time of loss. The University's insurance only covers equipment that is 'temporarily' off campus. 'Temporarily' normally means no longer than three months.
The supervisor responsible for the unit's property inventory shall determine the appropriateness of relocating property to an off-campus site. Before approving a request, the unit supervisor must consider whether the use of the property at an off-campus site will create a hardship or impact negatively other employees in the department. It is up to the discretion of the unit supervisor whether to approve or deny a request to take property to an off-campus worksite.
The property must be returned to the University when its use at the temporary off-campus worksite is no longer necessary as authorized, or when the employee terminates employment. Failure to do so may result in appropriate sanctions or other action being brought against the employee, including withholding money due to the employee from the University until the property is returned.

Personal Use of State Property:

Personal use of VCSU issued notebook computers is addressed in VCSU Policy V402.3.
State law prohibits a public employee from using public property for personal purposes when the employee knows such a use is unauthorized and the employee knows that there is some risk of loss or detriment to the government. Section 12.1-23-07 of the North Dakota Century Code:
"A person is guilty of misapplication of entrusted property if the person disposes of, uses, or transfers any interest in property that has been entrusted to the person as a fiduciary, or in the person's capacity as a public servant or an officer, director, agent, employee of, or a person controlling a financial institution, in a manner that the person knows is not authorized and that the person knows to involve a risk of loss or detriment to the owner of the property or to the government or other person for whose benefit the property was entrusted."
Various state laws and University rules apply to personal use of public property. State law specifically prohibits using a state car for private use. N.D.C.C. 39-01-03.
VCSU's 'Off-Campus Use of University Property Policy' allows institutional property to be taken to an off-campus worksite under specified conditions, but only for job related use. However, taking state property off-campus for personal use or loaning out of University property for personal use/gain is unauthorized.
Certain incidental use of state equipment is allowed, within reason, such as a private phone call (not at State expense) on a University phone (supervisors can prohibit this altogether, however.) Limited use for such a purpose doesn't result in any loss to the institution.
VCSU, in addition to the specific requirements of North Dakota's laws and policies, strives to encourage its employees to avoid even the appearance of impropriety so as to not violate the public trust.

Disposal of Surplus Property:

All property that becomes "excess" or "surplus" to the needs of the department shall be reported to the Business Office. Except for surplus property where there are federal funds involved and federal regulations prohibit, this policy will be followed.
1. Neither University employees, nor anyone else, will be allowed to obtain personal possession of scrap, even if discarded.
2. Reporting of surplus property is done through email and/or Asset Retirement cards submitted to the Business Office Accounting Assistant. Information should include a description of the property, VCSU inventory tag number if applicable, condition of the property, and reason for the surplus status.
3. The surplus item may be transferred to another department of the university without cost to the department. Notice of such transfer shall be made to the Business Office Accounting Assistant including the following information; description of property, VCSU inventory tag number, department making the transfer, department receiving the item, new location including building and room number.
If disposal involves equipment purchased with federal grant funds, the principal investigator of the grant shall be consulted and all disposals will follow granting agency rules and regulations.
It is the policy of the State of North Dakota that disposition of state surplus property is accomplished in such a manner as to prevent material benefit to any employee by virtue of their employment.

Sponsored by: Vice President for Business Affairs

Date: October 15, 2008 (New)