Purpose: To operationalize Valley City State University’s policy 609 Communications (Language) Proficiency for Faculty Procedure. Procedure: Announced Vacancies All vacancy announcements which include classroom instruction as part of the duties will include the following statement: Any person appointed to a position which includes classroom instruction must be reviewed and approved for appropriate communication skills, including verbal and written English language proficiency, prior to the appointment. Language proficiency of the candidate selected for hire is determined using the following methods: Written proficiency in the English language is examined by the Search Committee using the documents submitted in the application. Additional writing samples may be requested. Members of the search committee will select from categories of satisfactory or unsatisfactory on form AA-32 for written communication. An overall rating of satisfactory or higher is required for employment. Verbal communication ability is assessed based on the formal interview, which may include a verbal teaching presentation. The presentation evaluation method, where applicable, is to be completed by all audience members in attendance, including students and the search committee members, and will solicit feedback on the effectiveness of the presentation, including verbal communication skills. Members of the search committee will consider these comments in their evaluation of the communication and teaching proficiency of the selected candidate. Members of the search committee will select from categories of satisfactory or unsatisfactory on form AA-32 for verbal communication. An overall rating of satisfactory or higher is required for employment. The search committee may ask finalists to provide a TOEFL Internet based test (TOEFL iBT) score of 100 or above (or approved equivalent test and corresponding score) as further evidence of proficiency. Adjunct/Temporary Appointments Departments are responsible for determining and evaluating the communication proficiency of temporary or part-time instructional staff who are not hired through an open search process (see above). Continuous Improvement Irrespective of initial employment considerations, any faculty member (both full time and adjunct) may be recommended for a language development program if sufficient evidence indicates a language proficiency problem. Completion of such an on-going language proficiency program may be a condition of continued employment and indicated contractually. The Vice President for Academic Affairs will be notified of all faculty communication (language) development programs and will be responsible (along with deans/department chairs) for implementation. The Vice President for Academic Affairs will report such communication development programs to the President's Office for contractual considerations and progress reports. Concerns Students and/or personnel who have difficulty communicating with an instructor due to that person's language proficiency may contact the Vice President for Academic Affairs to discuss the concern or file a complaint using the Language Proficiency Complaint form, which is available in the Academic Affairs Office. Administrators who receive formal complaints must respond and take action within 15 days; any retaliation against a student who files a complaint under this policy is subject to disciplinary action, up to and including termination. Compliance Special consideration and/or methods involving specialized testing and/or equipment may be necessary to evaluate potential and existing faculty to ensure compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act, as well as federal and state constitutions and laws. The mechanisms used to determine communications (language) proficiency will take into consideration the inability of otherwise qualified candidates and/or faculty to demonstrate proficiency because of disability, race, religion, or other protected characteristics. Faculty who feel that they may have been discriminated against by the application of this policy may utilize the VCSU faculty grievance process (V612). Information about this policy is published in the Student Handbook, and the policy is reviewed regularly under the campus policy review cycle. Related Forms Language Proficiency Complaint Form (V609)

SBHE Policy 611.2 establishes guidelines to support faculty, staff, and students in identifying, protecting, and administering intellectual Property and defining the rights and responsibilities of all involved. The primary purposes of this policy are to encourage and promote research and scholarship based on the traditional principles of the academic profession. These products may constitute Intellectual Property that could be of financial benefit to the individuals involved and the Institution. This policy governs unless a policy on specific Intellectual Property provides a different rule. Guidelines regarding VCSU implementation of this policy are outlined below. "Intellectual Property" or "IP": Collectively, any form of property created by the mind including, but not limited to, Inventions, trade secrets, copyrights, trademarks, mask works, and any other tangible research result such as biological materials, engineering drawings, integrated circuit chips, computer databases, prototype devices, circuit diagrams, and equipment. “Net Royalties”: Gross revenues, including all royalties, licensing, and other fees generated as a direct result of IP, less the actual, out-of-pocket expenses incurred in procuring and maintaining protection, marketing (at the discretion of the System or one of its Institutions), licensing, and enforcing rights in such IP. “Significant Use of Resources”: A Creator’s use of System or institutional facilities, equipment, and/or employees’ time that appreciably increases the costs of the System or Institution beyond those normally incurred. Significant Use does not include the Creator’s own time (including developmental leave) or the normal use of facilities or equipment commonly available to faculty, staff, or the public, such as libraries, Internet access, office space, office equipment, computers, and/or office supplies. General VCSU Guidelines Regarding 611.02 1. Valley City State University will not seek royalties or remuneration on IP materials developed by Valley City State University faculty and staff except when significant use of resources to the University can be demonstrated to have been incurred for the development of said IP materials. 2. It is not necessary to seek University approval by the Vice President of Academic Affairs and Vice President of Business Affairs for standard academic research activities by faculty, staff, and/or students as part of their professional and job responsibilities relating to the delivery of the academic curriculum or performance of other University related tasks. Anything that falls outside the scope of standard academic research related to academic curriculum, per “Significant Use of Resources”, or anything not related to academic curriculum must seek prior approval by first consulting the Vice President of Academic Affairs.  3. If a significant use of resources has been determined, then a written agreement with the faculty, staff, and/or student member regarding net royalties and remuneration for Valley City State University from the IP will be decided by the Vice President of Academic Affairs and Vice President of Business Affairs. This written document will clarify any significant uses of resources and remuneration of such. The University shall have the right of first refusal for patentable discoveries made using University facilities, contract funds, gifts, and/or grants. Sponsored by: Faculty Advocacy Committee Effective: August 2016 Reviewed: Spring 2022

Overview Valley City State University encourages employees to participate in professional activities or services outside of the University as a means of gaining additional professional experience and maintaining professional competency within their specialized disciplines. Participation in external professional activities is expected to contribute to the mission of the University. Full-time faculty and staff are expected to devote their primary loyalty and energy toward meeting their instructional, research, service, and administrative duties.  External activities and financial interests must not interfere with these commitments, must not present a conflict-of-interest to the University, nor create a public relations problem for the University. Prior to accepting appointments, engaging in a business, or otherwise diverting attention from university duties, employees must make disclosure of the activity and, if appropriate, obtain approval. Approval to participate in external professional activities does not permit use of the University's name in any announcement, advertisement, publication, or report if it implies University endorsement of a product or service. The University does not assume any responsibility for the professional services rendered during an external professional activity. External Services A. Professional service without remuneration Employees of VCSU are encouraged to participate in professional, discipline-related activities, such as officers of national organizations, journal editors, editorial boards, etc. University approval is not necessary, but a conversation will need to occur with the appropriate Vice-President. B. Expert testimony Given the nature of the legal process, such activity may place the University employee in an unintentional adversarial position. University employees are encouraged to appear as "juris amici" (friend-of-the-court) instead of as expert witnesses representing one party. If a University employee serves as an expert witness for compensation they must receive prior approval from the appropriate administrative officer. An employee may be required to provide expert testimony if served with a valid subpoena of the court. If so, the appropriate administrative officers must be notified. C. Professional service with remuneration (honoraria) University employees are encouraged to provide public service by making presentations to various groups and organizations or serving on proposal review committees. Often the employee may be given an honorarium in appreciation of such service. An honorarium is defined as a monetary gift which is meant to express appreciation or honor to the recipient which is not covered under the consulting policies. Employees can accept honoraria from non-VCSU or non-State (North Dakota) related entities. Unless the consulting policy applies, employees shall regard the services for other departments within the University or for other state agencies or entities for which they might receive honoraria while using state property (vehicles, supplies, etc.) as part of their public service obligation and refuse or return such honoraria. D. Professional service with remuneration while under contract (consulting) In general, the following policies must be followed when participating in consulting activities in which remuneration is received. For purposes of this policy, teaching a course or teaching a substantial portion of a course for another educational institution or other business shall be treated as consulting. This policy applies to both teaching in person or by means of an electronic communication. Consulting by employees in areas related to their academic discipline or work at the University may be performed only after prior approval by appropriate administrative officers. Decisions for such approval will depend upon the nature of the employment responsibility to the University and the conditions of employment. Approval may only be granted for periods up to the maximum of one year. Approval must be sought each year if any activity extends beyond the one year. Any consulting agreement in an area related to the employee's academic discipline or work at the University which attempts to assign ownership rights in intellectual property or provides that the ownership rights will belong to a third party must be submitted for review and approval by the University. This is to protect the interests of the University in any employee invention or other discovery. Unless otherwise expressly authorized, employees have no authority to assign any ownership rights of an invention or discovery which may arise out of the use of any University property or equipment, or relate to their work at the University. Additional Items A. Nature of the activity The consulting activity must not interfere with normal duties or activities. The consulting activity must not represent an actual or potential conflict-of-interest. If so, it must be resolved before engaging in the consulting activity. The consulting activity must not compete directly with University sponsored services. The time limit on the consulting activity is limited to the equivalent of one day per week, during the contract period at VCSU, and consulting should not be performed on a regular, ongoing basis without prior, or ongoing, approval. If required by a supervisor individuals should keep a record of time spent consulting; Travel time, office visits, correspondence, telephone calls, and other on campus consultation related activities are included in the time committed to consulting. Consulting conducted outside the regular work week is not counted as part of consulting time; however, the same policies and procedures for disclosures and approval apply. Consulting activity should not require an absence from campus longer than ten consecutive working days without special approval. Consultants must make clear that they are not representing the University or that the name and authority of University are in no way connected with service rendered, and that reports cannot be made on University stationery. Travel Authorization forms must be filed as necessary. Special approval must be obtained in advance for the use of University facilities and resources which may require payment of a reasonable fee, and the individual is responsible for payment of these fees. If University facilities or equipment is used, proof of professional liability insurance coverage for consulting activities may be required. B. Approval for consulting or other external activities may be revoked if unforeseen problems occur after the initial approval. The revocation of approval may be appealed in the same manner as a denial. C. Failure to follow this policy will be reported to the President who may impose sanctions that are appropriate to the seriousness of the violation up to and including dismissal. References/Related Policies SBHE 611.5 Employee Responsibility and Activities:  Outside Employment or Consulting Practices; Use of Institution Property Sponsored by: Human Resources Officer  Approved: Spring 1996 Revised: June 2012 Revised: October 2019

  In compliance with NDUS Board Policy 611.8 ("Employee Responsibility and Activities: Research on Human Subjects") and out of concern for the welfare and protection of human subjects of research, Valley City State University has provided a formal guarantee to the Office of Human Research Protections, in the Department of Health and Human Services (DHHS), that it will follow procedures which will assure the protection of all human participants involved in federally-funded research projects. To ensure equivalent protections to all human research participants, the VCSU IRB procedures also apply to all such research conducted by faculty, students, staff, or other representatives of the University, whether or not the research is sponsored by agencies of the U.S. Government.  To comply with this assurance and with federal provisions (Protection of Human Subjects (45 CFR 46, 21 CFR 50)), the University has established an Institutional Review Board (IRB) to review research projects that involve human participants.  VCSU’s IRB safeguards the rights and welfare of all those individuals involved as human participants in research, development, or related activities. Sharing responsibility with the investigator, VCSU’s IRB determines and approves the standards for ethical conduct of research involving human participants. To ensure adequate safeguards and to discharge the responsibility of the institution, no research (including grant applications), development, or related activity involving human subjects may be undertaken unless the Institutional Review Board (IRB) appointed for the purpose has reviewed and approved such proposed activity. The IRB’s Standard Operating Procedures are available on the VCSU IRB One Stop site.   Sponsor:  Vice President for Academic Affairs Approved and Effective:  February 2010 Revised: December 2019 Revised: May 2021

An instructor may not receive financial compensation or any other form of remuneration, excluding supporting educational materials for teaching, from a publisher or an agent of the publisher for the purpose of selecting or assigning textbooks or other curricular materials. Instructors who have published a textbook or other curricular materials and require students to purchase them for use in their courses, must first receive approval from their Division chairs stating that the materials are appropriate for the intended course/s, with final approval residing with the VPAA. Departments which prepare laboratory manuals or course-packs for sale to their students should arrange for them to be printed and sold through the VCSU Bookstore. An employee who feels this policy has been unfairly applied to him/her can use the normal University grievance process. Sponsor: Faculty Senate Effective: June 2012 Reviewed:  December 2019

Employees of all state institutions of higher learning shall observe the following legal holidays: New Year's Day Martin Luther King Day President’s Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day Employees of state institutions of higher learning shall also observe every day appointed by the President of the United States or by the Governor of this state for a public holiday.  If such a holiday falls on Saturday, the preceding Friday shall be the holiday; or if the holiday falls on Sunday, the Monday following shall be the holiday.   University offices must be closed at twelve noon on December 24, Christmas Eve Day, which is an office closure and not a holiday; however, if December 25, Christmas Day, falls on a Saturday, institution offices must be closed all day on the preceding Friday, which is then a holiday.    Employees who because of work schedules have a regular day off that coincides with a holiday shall have an additional day off with pay at the convenience of the institution. Holidays shall be counted as hours worked during a week. In establishing a forty-hour work week, annual leave, sick leave, official closings and holidays shall be counted as hours worked. Annual leave, sick leave, other forms of paid leave, and compensatory time shall not be counted for overtime purposes. Overtime hours may be approved on the basis of emergency circumstances or when it is impractical to maintain an additional temporary work force adequate to handle peak loads during regular hours. Overtime hours must be authorized by the Vice President for Business Affairs. Special religious holidays may be observed with the advance approval of the department head. Such time shall be charged to accumulated annual leave. A holiday is an eight-hour day for a full-time employee and a prorated part of an eight hour day for employees who work less than full-time.   Sources: North Dakota Century Code 1-03-02 NDUS Human Resources Policy Manual, Section 19 Holidays NDUS Human Resources Policy Manual, Section 12 Overtime Sponsored by: Vice President for Business Affairs  Reviewed: Winter 1996 Reviewed: Winter 2005 Revised: November 2015 Revised: April 2023

Policy: University employees are responsible for safeguarding University resources and ensuring they are used only for authorized purposes, in accordance with University rules, policies, and applicable law. All employees are responsible for reporting suspected theft, fraud, or unlawful or improper use of public funds or property. Definition: As used in this policy, "theft, fraud or unlawful or improper use of public funds or property" includes: stealing, larceny or embezzlement; making or altering documents or files with the intent to defraud; purposely inaccurate accounting or financial reporting at any level; fraudulent conversion or misappropriation of public resources, including funds, supplies or other property; improper handling or reporting of financial transactions; authorizing or receiving compensation for goods not received, services not performed or hours not worked, including payment or receipt of a bribe, kickback or other unlawful or unauthorized payment. Sponsored by: Vice President for Business Affairs Original: May 2007 Revised: August 2009 Revised: October 2009

Procedure: Reporting: An employee with knowledge or suspicion of theft, fraud or unlawful or improper use of public funds or property involving VCSU or affiliated entities, shall report that information to a supervisor, the Vice President for Business Affairs or the President. An employee with knowledge or suspicion of theft, fraud or unlawful use of public funds involving an immediate supervisor, shall report that information to an employee at a level above the immediate supervisor. As an alternate method, an employee may call the Eide Bailly Fraud Hotline at (866) 912-5378 to report suspicion activity. Unreasonable failure to report such information as required may result in discipline, up to and including dismissal. The employee or supervisor who suspects fraudulent activity should not attempt to conduct an investigation. It is a violation of university policy to retaliate against an employee who, in good faith, reports dishonest or fraudulent activity. Investigating: The VCSU employees designated with responsibility for receiving and acting upon reports under this policy is the Vice President for Business Affairs (VPBA) and the Human Resources Director. A supervisor or other person who receives a report of suspected theft or fraud shall report that information to the VPBA or the Human Resources Director, unless the VPBA is implicated, in which case the information shall be reported to the President. The VPBA shall inform the President, unless the President is implicated, in which case the VPBA shall inform the General Counsel. If both the VPBA and the President are implicated, the report shall be made to the North Dakota University System General Counsel. The VPBA shall take reasonable and appropriate action in response to receipt of a report, which may include an internal investigation, commission of an audit, referral to law enforcement officials, recommended policy or procedure amendments, a report summarizing findings or other steps. The VPBA shall consult the NDUS General Counsel and information shall be kept confidential as directed by the General Counsel. The VPBA, with assistance from the Director of Human Resources as appropriate, has the primary responsibility for the investigation. If the investigation reveals that fraudulent activities have occurred, the VPBA will issue a report to the appropriate administrative officials. Employee discipline, up to and including dismissal will follow University processes and procedures. Decisions to prosecute or involve appropriate law enforcement and/or regulatory agencies for independent investigation will be made by the University President in consultation with NDUS General Counsel. The VPBA is also responsible for periodic review of VCSU internal control procedures, making recommendations for appropriate controls and staff training to minimize opportunities for theft or fraud.

Purpose Valley City State University offers flexible scheduling for employees where work requirements allow, to improve services, provide opportunities for cross-training, and to all employee and supervisors to develop the best working arrangements possible. Definitions Flexible schedule: A flexible schedule is a flexible work arrangement that allows an employee’s actual work office hours to differ from normal office hours. Regular flexible schedule: A long-standing, regular and consistent alternate schedule. Occasional flexible schedule: An occasional flexible schedule is not long standing and is typically arrange on a case-by-case basis. Policy Flexible scheduling is neither a universal employee right nor a universal employee benefit. Flexible scheduling is a management option for an alternative work arrangement and will be granted on a case-by-case basis at the discretion of management. Flexible scheduling is not appropriate for all employees and jobs, not all employees in the same or similar jobs, and should be considered on a case-by-case basis. Normal office hours are 7:45 a.m. to 4:30 p.m. with 45 minutes for lunch, Monday through Friday. Summer hours are 7:30 a.m. to 4:00 p.m. with 30 minutes for lunch. Flexible schedules cannot interfere with regular operations. Adequate staff coverage is required to meet the operating requirements of the department. Non-exempt employees may not be scheduled for over 40 hours per week in accordance with the Fair Labor Standards Act. References Federal Law - Fair Labor Standards Act Policies - NDUS HR Policy 28 Grievance Procedures Sponsor: Director of Human Resources Approval Date: April 1996 Revised: April 2010 Revised: August 2018 Revised: December 2023

Purpose To operationalize Valley City State University’s policy 611.16 Flexible Scheduling (Flex Time-Staff). Procedure Flexible schedules must be approved by the employee’s supervisor. A trial period for flexible scheduling may be granted for up to one month, with a review among those involved to determine whether the flexible schedule is to continue. If the regular flexible schedule is to continue, the supervisor shall submit a written plan signed by both parties to the Director for Human Resources. Periodically employees may be required to adjust their flexible scheduling hours to attend meetings outside of the individual’s work hours or to cover for another employee’s absence. The department will review the flexible schedule on a regular basis and at least once a year submit the schedule to the Director for Human Resources. Since flexible scheduling is neither a universal employee right nor a universal employee benefit, the schedule may be altered to meet the needs of the University. Flexible scheduling issues must be first addressed between the employee and supervisor. If further review is needed, employees should follow the process outline in the NDUS Human Resources 28 Grievance Procedures policy.