Conflict of Interest and Compensated Outside Services Policy (HR 1)

POLICY STATEMENT

Nevada State College encourages research, creative and scholarly endeavors, entrepreneurial activity, and interactions with external entities. However, some external interests and relationships can lead to real or perceived Conflicts of Interest. Conflicts of Interest (COI) arise when financial or other personal considerations have the potential to adversely affect, or have the appearance of adversely affecting, an Employee’s professional judgment or ability to fulfill obligations to the College.

This policy establishes the requirements for disclosing, reviewing, managing, and eliminating Conflict of Interest situations at Nevada State.

DEFINITIONS

College Responsibilities: An employee’s professional responsibilities on behalf of Nevada State, and as defined by the College, including but not limited to: research, research consultation, teaching, professional practice, institutional committee memberships, and service on panels such as the Institutional Review Board (IRB).

Compensated Outside Services: Outside compensated work or compensated scholarly services performed by a Nevada State Employee; does not include income derived solely from passive investments. Compensated Outside Services are recognized as a legitimate activity unless specifically prohibited by an Employee’s contract of employment. Compensated Outside Service is not considered appropriate when it interferes with the regular work of the Nevada State Employee; involves unauthorized use of College facilities, personnel, or other resources; subjects other individuals or companies engaged in private practice to unfair competition; violates the general requirements of NRS 281A.400 -281A.480; or involves a Conflict of Interest specified by NSHE or Nevada State policy.

Conflict of Interest or COI: Outside activity or interest that may, or may appear to, adversely affect, compromise, or be incompatible with the obligations of an Employee at Nevada State. Encompasses any situation in which an Employee of Nevada State uses, or is in a position to use, influence and authority within the College to advance their own personal or Financial Interests, or the personal or Financial Interests of individuals in the Employee’s household; persons to whom the Employee is related by blood, adoption, or marriage within the third degree of consanguinity; or persons with whom the Employee has substantial and continuing outside business relationships. The bias of such conflicts could conceivably inappropriately affect the goals of research or instructional or administrative programs. The education of students, methods of analysis and interpretation of research data, hiring of staff, procurement of materials, and other administrative tasks at Nevada State must be free of undue influence by outside interests. For the purposes of reporting COIs to federal funding agencies, the federal definition(s) supersedes this policy and will be used to determine which COIs must be reported.

Designated Official: Institutional officials who have been given authority to review and manage disclosures of Significant Financial Interests. Includes determining whether any Significant Financial Interests relate to federal funding; determining whether a Financial Conflict of Interest exists; and, if so, developing and implementing a Management Plan that specifies actions that have been, and will be, taken to manage the Conflict of Interest. The Associate Vice President of Human Resources is the Designated Official at Nevada State.

Employee: For the purposes of this policy, any person employed full-time as academic or administrative faculty at Nevada State. Individuals or Investigators (defined by federal awards as volunteers on funded projects, without paid compensation) are considered Employees under this policy.

Equity Interest: Any stock, stock option, or other ownership interest, as determined through reference to public prices or other reasonable measures of fair market value.

Excessive Compensated Outside Services: Compensated Outside Service that exceeds limits set in NSHE’s policy on Compensated Outside Professional Service (Title 4, Chapter 3, Section 9). Outside service must not occupy more than one (1) day’s equivalent time per work week (20%). Employees on twelve-month contracts must take annual leave if providing Outside Compensated Service during the standard work week.

Financial Conflict of Interest (FCOI): A Significant Financial Interest that could directly and significantly affect the design, conduct, or reporting of funded research or affect the performance of duties for or by any Nevada State Employee.

Financial Interest: Anything of monetary value, including but not limited to: salary; other payments for services (e.g., consulting fees or honoraria); Equity Interests (e.g., stocks, stock options, other ownership interests); and intellectual property rights (e.g., patents, copyrights, and royalties from such rights).

Investigator: The Principal Investigator (PI), project director (PD), and/or any other person at Nevada State who is responsible for the design, conduct, or reporting of a Sponsored Project which may include collaborators or consultants. The guidelines that apply to Investigators also apply to individuals in the Investigator’s household; persons to whom the Investigator is related by blood, adoption, or marriage within the third degree of consanguinity as defined by NSHE Board of Regents Handbook Title 4, Chapter 3, Section 7 (Nepotism); or persons with whom the Investigator has substantial and continuing outside business relationships. Hence, for the purposes of this policy’s disclosure requirement, the term “Investigator” refers to the above individuals related to or working with the Investigator.

Management Plan: Mutually acceptable course of action to manage, mitigate, or alleviate the Conflict of Interest due to Compensated Outside Services.

Remuneration: Includes salary and any payment for services not otherwise identified as salary (e.g., consulting fees, honoraria, paid authorship).

Senior/Key Personnel: A project director (PD), Principal Investigator (PI), and any other person identified as Senior/Key Personnel (i.e., any individual who contributes in a substantive, meaningful way to the scientific or programmatic development, implementation, and reporting of a Sponsored Project) in a grant application, progress report, or any other report submitted to the funding agency.

Significant Financial Interest: Any arrangement that falls into one or more of the following categories:

(1) A Financial Interest consisting of one or more of the following interests of the employee (and those of the employee’s spouse and dependent children) that reasonably appears to be related to the College Responsibilities:

(i) With regard to any publicly-traded entity, a Significant Financial Interest exists if the value of any Remuneration received from the entity in the twelve (12) months preceding the disclosure and the value of any Equity Interest in the entity as of the date of disclosure, when aggregated, exceeds $5,000;

(ii) With regard to any non-publicly traded entity, a Significant Financial Interest exists if the value of any Remuneration received from the entity in the twelve (12) months preceding the disclosure, when aggregated, exceeds $5,000, or when the Investigator (or the Investigator’s spouse or dependent children) holds any Equity Interest;

(iii) Intellectual property rights and interests (e.g., patents, copyrights), upon receipt of income related to such rights and interests.

(2) Employees must disclose the occurrence of any reimbursed or sponsored travel (i.e., travel paid on behalf of the Employee) related to their institutional responsibilities. This disclosure will include, at minimum, the purpose of the trip, identity of the sponsor or organizer, destination, and duration. Nevada State official(s) will determine if further information is needed, including disclosure of monetary value, in order to ascertain whether the travel constitutes a FCOI;

(3) Significant Financial Interest does not include the following: salary, royalties, or other Remuneration paid by Nevada State to the employee, if the employee is currently employed or otherwise appointed by the College, including intellectual property rights assigned to the College and agreements to share in royalties related to such rights; income from investment vehicles, such as mutual funds and retirement accounts, as long as the Employee does not directly control the investment decisions made in these vehicles. All Significant Financial Interests must be evaluated by the College to determine whether or not they pose a Financial Conflict of Interest.

Sponsored Project: A research, training, service, or other type of project with identifiable objectives and/or deliverables for which external funding either is being requested or has been received.

PROCEDURES

I.              Requirement to Disclose

Nevada State College Employees are considered public Employees and must comply with the Code of Ethical Standards of the State of Nevada as codified in Nevada Revised Statutes (NRS) 281A.400-281A.660.

All full-time academic and administrative faculty and professional staff shall disclose annually whether or not they plan to engage in any outside activity or professional involvement that may constitute a Conflict of Interest, and/or for which they will receive compensation.

In addition to the annual disclosure, Federally-funded Investigators must disclose the amount of compensation so the Designated Official may determine whether a Financial Conflict of Interest exists. All Employees affiliated with the College must disclose potential Conflicts of Interest prior to accepting a Sponsored Projects or other outside conflicts that may impact their position with the College. All potential Conflicts of Interest and/or Compensated Outside Services must be approved before the activity is undertaken.

College Employees shall also disclose benefits that may accrue to individuals in the Employee’s household; persons to whom the Employee is related by blood, adoption, or marriage within the third degree of consanguinity; or persons with whom the Employee has substantial and continuing outside business relationships.

Relationships within the third degree of consanguinity or affinity are defined as:

A. The employee’s spouse, child, parent, sibling, half-sibling, or step-relatives in the same relationship;

B. The spouse of the employee’s child, parent, sibling, half-sibling, or step relative; or

C. The employee’s in-laws, aunt, uncle, niece, nephew, grandparent, grandchild, or first cousin.

For Sponsored Projects, subcontractors and other external collaborators must provide adequate assurances to the College that they are in compliance with federal regulations and must provide reports of Conflicts of Interest in a timely manner to allow for reporting to funding agencies.

A disclosure in and of itself is not suggestive of any impropriety; it is customary and usual, and benefits both the individual and the College, as described in NSHE’s Compensated Outside Professional Services Policy (Title 4, Chapter 3, Section 9).

II.            Disclosure Process

It is the responsibility of each Nevada State Employee to disclose potential Conflicts of Interest or Compensated Outside Services. It is the responsibility of the College and the appropriate Designated Official to review disclosures and determine if the disclosed interests could directly and significantly affect the Employee’s performance of College Responsibilities and, if so, to require the management, reduction, or elimination of the Conflict of Interest.

Disclosures must be sent to the Employee’s supervisor and to Human Resources. Disclosures must occur when any of the following apply or occur: 1) on an annual basis by September 15th of each year, 2) upon application for a Sponsored Project, or 3) prior to initiation of any such outside services. Disclosures must be made using the Conflict of Interest/Compensated Outside Services Disclosure form.

A. Situations that may create a Conflict of Interest and must be disclosed, regardless of the amount of compensation, include:

  1. External Financial Interests;
  2. Management positions with fiduciary responsibilities such as a board member, director, partner, or trustee with an outside entity that has a business relationship with NS;
  3. Industry affiliations with pharmaceutical, medical device, or medical equipment companies;
  4. Consulting and other compensated professional/commercial activities;
  5. Use of students or support staff on external, non-NSC activities;
  6. Use of College resources;
  7. Clinical trials;
  8. Contractual relationships between Nevada State and other entities with which NS Employees have an outside relationship;
  9. Any other relationship with an external entity that has the potential to result in a Conflict of Interest.

B. Employees do not need to disclose the following:

  1. Salary, royalties, or other Remuneration paid by Nevada State to the Investigator, if the Investigator is currently employed or otherwise appointed by the College, including intellectual property rights assigned to the College and agreements to share in royalties related to such rights;
  2. Equity Interests or income from investment vehicles, such as mutual funds and retirement accounts, as long as the employee does not directly control the investment decisions made in these vehicles;
  3. Income from seminars, lectures, or teaching engagements sponsored by a federal, state, or local government agency; a U.S. institution of higher education (as defined by 20 U.S.C. 1001(a)); an academic teaching hospital, medical center, or research institute that is affiliated with a U.S. institution of higher education;
  4. Income from service on advisory committees or review panels for a federal, state, or local government agency; a U.S. institution of higher education; or an academic teaching hospital, medical center, or research institute that is affiliated with a U.S. institution of higher education.

C. To protect students’ rights as researchers and scholars, employees must comply with the following requirements:

    1. Employees must disclose restrictions on publication or communication rights on Sponsored Projects when students are involved in the project and their involvement is the basis for evaluating the student or fulfilling a degree requirement;
    2. Faculty members must disclose their intent to hire a Nevada State College student as an Employee or as a contractor for an outside entity in which they have a Significant Financial Interest if any of the following apply:
      1. The student is enrolled in a class that the faculty member teaches;
      2. The student is under the faculty member’s supervision on a research project; and/or
      3. The faculty member is the chair of the student’s graduate committee.

III.           Review of Potential Conflicts of Interest and/or Excessive Outside Compensated Services

Determining whether a Conflict of Interest or Excessive Compensated Outside Services exists in a particular instance will often be a matter of judgment. The activities of employees must be governed by thoughtful and shared consideration of individual circumstances in applying the appropriate rules. Application of administrative discretion is an integral part of Nevada State’s Conflict of Interest and Compensated Outside Services review and remediation systems.

The Associate Vice President of Human Resources serves as Designated Official and reviews all disclosures from faculty. The Designated Official shall determine whether a Conflict of Interest and/or Excessive Compensated Outside Services are present. This determination and a response to the Employee must occur within thirty (30) calendar days of receipt of the disclosure; a lack of response after 30 days shall constitute approval by the Designated Official.

IV.           Managing Conflicts of Interest

If a Conflict of Interest and/or Excessive Compensated Outside Services appear to exist as identified in section II(A) of this policy, the supervisor, director, and/or dean will attempt to develop and document a Management Plan. The Management Plan must be forwarded to the appropriate Designated Official for review and approval, disapproval, or further development of management strategies.

The Management Plan will, at a minimum, describe the role and principal duties of the Investigator in the research project; conditions of the Management Plan; how the Management Plan is designed to safeguard objectivity in the research project; confirmation of the Investigator’s agreement to the Management Plan through signature; how the Management Plan will be monitored to ensure Investigator compliance; and other information as needed.

If a mutually acceptable Management Plan cannot be negotiated at the unit level, the Designated Official will review the Conflict of Interest and work with the faculty member’s supervisor to determine the best available actions (see Section V below). If an agreement is not reached, the Designated Official will render a final decision, including any required actions.

V.            Available Actions

A. Actions if Conflict of Interest Exists: If a real or potential Conflict of Interest exists, one of the following actions will be taken:

  1. Accept the Sponsored Project and allow the research to proceed, with conditions:
    1. Monitoring of research by independent reviewers;
    2. Public disclosure of Significant Financial Interest;
    3. Modification of research plan;
    4. Disqualification from participation in all or part of the Sponsored Project;
    5. Divestiture of Significant Financial Interest;
    6. Severance of relationships that create actual or potential conflicts;
  1. Do not accept the Sponsored Project or Compensated Outside Service;
  2. Require the Nevada State Employee to cease participation in the project involving the Conflict of Interest while remaining an Employee;
  3. Require the Employee to cease participation in College activities related to the Conflict of Interest.
  4. Accept the Sponsored Project and allow the research to proceed, with conditions:
    1. Monitoring of research by independent reviewers;
    2. Public disclosure of Significant Financial Interest;
    3. Modification of research plan;
    4. Disqualification from participation in all or part of the Sponsored Project;
    5. Divestiture of Significant Financial Interest;
    6. Severance of relationships that create actual or potential conflicts.

 B. Actions if Excessive Compensated Outside Services Exist: In cases where Excessive Compensated Outside Services exist, one or more of the following actions will be taken:

  1. Require that the Employee reduce the activity to a level that is allowable under Title 4, Chapter 3, Section 9 of the NSHE Code;
  2. Require that the Employee cease performance of existing outside obligations while the Employee remains an Employee;
  3. Disciplinary sanctions as set forth in Title 2, Chapter 6 of the NSHE Code.

If the Conflict of Interest or Compensated Outside Services involves a vice president or the provost, the president will review the disclosure and render a final decision. If the Conflict of Interest or Compensated Outside Services involves the president, the chancellor will review the disclosure and render a final decision.

VI.           Additional Requirements for Projects Funded by the U.S. Department of Health and Human Services (DHHS) Public Health Service (PHS)

A. Training: Investigators on Public Health Service-funded projects must complete training on Conflicts of Interest prior to engaging in research related to any PHS-funded grant. Training must be taken at least every four (4) years, and immediately when any of the following circumstances apply:

    1. The College revises its Financial Conflict of Interest policies or procedures in any manner that affects the requirements of Investigators;
    2. An Investigator is new to the College;
    3. The College finds that an Investigator is not in compliance with the institution’s Financial Conflict of Interest policy or Management Plan.

B. Retrospective Reviews: In addition to the mechanism set forth in section IX: Noncompliance (below), the Designated Official will conduct retrospective reviews of PHS-funded projects as needed. Retrospective reviews occur when:

    1. The College identifies a Significant Financial Interest that was not disclosed in a timely manner by an Investigator;
    2. A Significant Financial Interest was not previously reviewed or managed by Nevada State during an ongoing PHS-funded research project (e.g., was not reviewed in a timely fashion or reported by a subawardee).

The Designated Official shall, within thirty (30) calendar days, review the Significant Financial Interest; determine whether it is related to PHS-funded research; and determine whether a Financial Conflict of Interest (FCOI) exists. If so:

    1. The Designated Official will implement, on at least an interim basis, a Management Plan that will specify the actions that have been, and will be, taken to manage the FCOI going forward;
    2. If the Investigator fails to comply with a FCOI Management Plan, within 120 days of the determination of noncompliance Nevada State will complete a retrospective review of the Investigator’s activities and the PHS-funded research project to determine whether any PHS-funded research, or portion thereof, conducted during the time period of the noncompliance was biased in the design, conduct, or reporting of such research.

 

  1. The College is required to document the retrospective review involving PHS-sponsored research; such documentation shall include, but is not necessarily limited to, all of the following key elements:
    1. Project number;
    2. Project title;
    3. PD/PI or contact PD/PI if a multiple PD/PI model is used;
    4. Name of the Investigator with the FCOI;
    5. Name of the entity with which the Investigator has a Financial Conflict of Interest;
    6. Reason(s) for the retrospective review;
    7. Detailed methodology used for the retrospective review;
    8. Findings of the review;
    9. Conclusions of the review.

Based on the results of the retrospective review, if appropriate, the College will update the previously submitted FCOI report, specifying the actions that will be taken to manage the Financial Conflict of Interest going forward. If bias relating to the Conflict of Interest is found, the College is required to notify the PHS Awarding Component promptly and submit a mitigation report.

  1. Mitigation Report: The mitigation report must include, at a minimum:
    1. The key elements documented in the retrospective review above;
    2. A description of the impact of the bias on the research project and Nevada State’s plan of action or actions taken to eliminate or mitigate the effect of the bias (e.g., impact on the research project; extent of harm done, including any qualitative and quantitative data to support any actual or future harm; analysis of whether the research project is salvageable).
    3. Depending on the nature of the FCOI, the College may determine that additional interim measures are necessary with regard to the Investigator’s participation in the PHS-funded research project between the date that the Financial Conflict of Interest or the Investigator’s noncompliance is determined and the completion of the Institution’s retrospective review.
  1. NIH Funding: If the National Institutes of Health determines that one of its funded clinical research projects whose purpose is to evaluate the safety or effectiveness of a drug, medical device, or treatment has been designed, conducted, or reported by an Investigator with an FCOI that was not managed or reported by Nevada State, the College will require the Investigator to disclose the FCOI in each public presentation of the results of the research and will request an addendum to previously published presentations.

 VII.         Disclosure to External Agencies

The College will comply with all requirements for external disclosure of Conflicts of Interest and Compensated Outside Services. This includes annual summary reports to the NSHE Board of Regents and specific reports/written disclosures to PHS and other funding agencies as stipulated in 2 CFR 200.112 and the acceptance of award documentation.

In accordance with federal regulations, information about Significant Financial Interests that were determined to be Financial Conflicts of interest for Senior/Key Personnel on PHS-Sponsored Projects will be made available on Nevada State’s publicly accessible website and must include the following:

A. Investigator’s name;

B. Investigator’s title and role with respect to the research project;

C. Name of the entity in which the Significant Financial Interest is held;

D. Nature of the Significant Financial Interest;

E. Approximate dollar value of the Significant Financial Interest.

All Employees shall inform those who engage them in outside professional work that they are not acting in the name of the College and that the College is neither a party to the contract nor liable for any actions of the Employee. Employees performing outside professional work or scholarly services are subject to Title 4, Chapter 1, Section 25 of NSHE’s policy on Personal Use of System Property or Resources.

VIII.        Appealing Conflict of Interest Determinations

Employees may appeal a Conflict of Interest decision by sending notification (via email) to the appropriate Designated Official. Employees appeal to the president concerning the decision of the Designated Official. Appeals must be in writing and must be submitted within five (5) business days from the date the Designated Official’s decision is received by the employee. The president’s decision on the appeal is final.

IX.           Noncompliance

Possible violations of this policy and the rules and procedures described in it, as well as alleged deliberate and/or dishonest undisclosed conflicts, will be investigated by the Associate Vice President of Human Resources, who will recommend appropriate action, if any, to the president.

The procedures set forth in Chapter 6 of the NSHE Code and NRS Chapter 281A.500-550 will govern the imposition of any disciplinary sanctions by the College for violations of policy, rules, and procedures. In addition, the College will comply with all review and reporting requirements for noncompliant Investigators on funded projects.

X.            Record Handling and Retention

The College considers all disclosures and related documentation to be personnel documents and will limit access to and disclosure of such records as provided for in the NSHE Regents Handbook and applicable College personnel and privacy policies. The College will meet Conflict of Interest requirements for information release specified in the award documentation of Sponsored Programs. The disclosure documentation will be stored by the Office of Human Resources as part of the faculty member’s personnel file. The Office of Grant Services will receive electronic copies of all disclosures related to Sponsored Projects and will provide all required reports to appropriate funding agencies.

All disclosures and documentation of resolutions must be maintained for a minimum of three (3) years following the completion of the award (for Sponsored Projects) or the termination of the outside activity (for Conflicts of Interest and Outside Compensated Service not related to a Sponsored Project). Copies in personnel files will be maintained in a format that allows for reporting of aggregate data as required by NSHE Title 4 Chapter 3 Section 8.14.

FORMS/INSTRUCTIONS

  • Conflict of Interest/Compensated Outside Services Disclosure Form

ADDITIONAL CONTACTS

Office of the Provost
Sita Sales
Phone: 702-992-2600
sita.sales@nsc.edu

RELATED INFORMATION

  • Nevada Revised Statutes 400-281A.660
  • NSHE Rules and Disciplinary Measures for Faculty (NSHE Code Chapter 6)
  • NSHE’s policy on Personal Use of System Property or Resources (Handbook, Title 4, Chapter 1, Section 25 and Section 27)
  • NSHE policy on Nepotism (Handbook, Title 4, Chapter 3, Section 7)
  • NSHE’s Compensated Outside Professional Services Policy (Handbook, Title 4, Chapter 3, Section 9)
  • United States Code General Definition of Institution of Higher Education (20 U.S.C. 1001(a))
  • 2 CFR 200.112

APPROVAL SIGNATURES

Approved by Mr. Kevin Butler, Senior Vice President of Finance and Business, November 29, 2022.

Approved by Dr. DeRionne Pollard, President, November 30, 2022.

Alternative Work Arrangement Policy (HR 7)

POLICY STATEMENT

In seeking to become a premier employer of choice in our state and region, Nevada State recognizes the need to establish contemporary, well-designed policies that balance the changing needs of our workforce with our obligations to remain strong stewards of public resources and provide equitable and sustainable processes for all employees.

This Alternative Work Arrangement policy and procedures establishes consistent and equitable opportunities for providing flexible work arrangements for eligible employees which will add to the effective utilization of institutional space and increase efforts to recruit and retain top-tier talent. This policy applies during normal operations and outlines alternative work schedules available to Academic Faculty, Administrative Faculty, Classified, and Part-Time Instructor employees. This policy also addresses the implications of alternative work arrangements, such as access to campus-based space and equipment.

Alternative work arrangements are not a right but are discretionary privileges. All approved arrangements are subject to conditions on a case-by-case basis and may be amended or revoked at any time. Not all positions will be eligible for an alternative work arrangement and, in accordance with Title 4, Chapter 3, Section 51 of the NSHE Handbook, denial of an alternative work arrangement request shall not be subject to any grievance, reconsideration, or appeal.

This policy does not apply to authorized work performed away from an employee’s assigned work location which is part of an employee’s standard job responsibilities, including but not limited to: travel, sabbatical, community engagement, conferences/training, etc. Further, the policy does not address emergency work arrangements stemming from emergency closure, suspension, or mandated change to normal institutional, campus, or building(s) operations. Guidance related to emergency work arrangements will be issued by HR in accordance with federal, state, NSHE, or NSC guidance and directives.

This policy and associated provisions and procedures in no way removes or restricts an employee’s rights as outlined in Title 4, Chapter 8, Section 13 of the NSHE Handbook as it relates to sexual harassment, discrimination, Title IX, or retaliation.

DEFINITIONS

Alternative Work Arrangement: An approved work agreement that differs from the standard work schedule.  Includes:  remote work; telecommuting (hybrid schedule); compressed workweek; and flextime.

Alternative Work Arrangement Agreement: The documented agreement between the employee and Nevada State which defines and outlines the conditions and terms for the employee’s participation in an alternative work arrangement.

Compressed Work Week: Regularly scheduled hours that are worked and fixed over fewer than five days.

Eligible Position: An occupational job class and/or position identified by departmental supervisors to be eligible for alternative work arrangements consistent with NSHE policy.

Exempt Employee: An employee who is exempt from the overtime provision of the Fair Labor Standards Act (FLSA) based on the position being classified as executive, professional, or administrative and meeting the specific criteria for exemption.

Flex Time: Agreed-upon starting and departure times that differ from the standard Non-Academic Faculty work schedule or standard departmental schedule. Schedules may be fixed for a specific period of time or can vary from day-to-day.

Modified Overtime Agreement:  A mutual overtime agreement between an employee and employer allowing for overtime to be paid for hours worked over 40 in a work week. Agreements are available through NSC’s Office of Human Resources.

Non-Exempt Employee:  An individual who is not exempt from the overtime provision of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 8 hours per day or 40 hours per week (with a Modified Overtime Agreement). Non-exempt employee may be paid on a salary, hourly, or other basis.

Payroll Reciprocity: An agreement between two states that allows an employee that works and lives in different states to request an exemption from tax withholding in their employment state and only pay taxes in the state where they live.

Primary Worksite (post of duty): An employee’s primary workspace and place where they normally perform work duties.

Remote Work: A work arrangement that allows an employee to perform the duties and responsibilities of their position at a remote work location as their primary worksite (post of duty) on a full-time basis.

Remote Work Location: A worksite approved by Nevada State that is not an institution-based worksite.

Standard Non-Academic Faculty Work Schedule: NSC’s standard work schedule is 8am-5pm, Monday-Friday, with limited exceptions based on documented business needs of individual departments.

Telecommute (hybrid schedule): A work arrangement that allows an employee to work, during any part of their standard work schedule, away from their primary worksite (post of duty) at an approved remote work location.

Work Week: NSC’s standard work week for determining overtime for non-exempt employees is 12:00am Sunday to 11:59pm on Saturday as established by NSHE system-wide practice.

PROCEDURES

Unless otherwise stated, the following procedures shall apply to all full-time and part-time regular status employees and to part-time instructors.

I.                     Eligibility & Limitations on Alternative Work Arrangements

A. In accordance with NSHE policy (Title 4, Chapter 3, Section 51), participation in an alternative work arrangement is not a right and is a discretionary privilege. The arrangements will vary among departments, offices, and units depending on the needs of the particular area and the function and responsibilities of employees. Not all positions will be eligible for alternative work arrangements, as some positions by their nature and responsibilities require daily onsite presence and interaction.

B. All employees of Nevada State may be eligible for alternative work arrangements pursuant to Section VIII(B) and in consultation with the Dean/Director (as appropriate) and campus Executive.

C. Employees whose performance evaluations are below “satisfactory” (Academic and Administrative Faculty) or “Meets Standards” (Classified), or employees who are currently on a performance improvement plan are not eligible for an alternative work arrangement.

D. Upon termination of an alternative work arrangement agreement, employees are expected to return to an on-campus primary worksite (post of duty). Employees who elect not to return to campus will agree to resign their position effective on the date on which the agreement is terminated.

E. Alternative Work arrangements must advance the institution’s mission and shall not reduce or impede the quality of instruction or service provided to students, co-workers, and the campus community.

F. Alternative work arrangements are subject to specific conditions on a case-by-case basis and may be amended or revoked at any time.

G. Denial of an employee’s request for an alternative work arrangement shall not be subject to any grievance, reconsideration, or appeal, however to maintain a consistent and equitable application of this policy, the Executive Team will review all denied requests on an annual basis.

H. In determining whether to approve a request for an alternative work arrangement, the employee’s supervisor must consider:

  1. The employee’s length of time in the position and all training and onboarding needs of the position and department;
  2. Whether the position has tasks that can be performed remotely or outside of normal working hours;
  3. The financial impact of the alternative work arrangement;
  4. How the service delivery to internal and external customers/students will be maintained;
  5. How office or operations will be maintained with adequate coverage during normal periods of public service;
  6. Whether satisfactory/meet standards performance is evidenced by the employee’s most recent performance evaluation;
  7. Whether the employee demonstrates the ability to work independently;
  8. Whether the position has clearly defined, measurable tasks, and productivity can be effectively measured with limited supervisor observation;
  9. The ability for confidentiality to be maintained with appropriate safeguards in place to secure confidential data and information;
  10. Whether increased employee engagement will be supported through improved work/life balance;
  11. The equity and consistency of the arrangement as applied to other similarly situated employees;
  12. The ability to confirm reported time for non-exempt employees;
  13. The ability to identify drop-in space with the ability to maintain confidentiality of work being performed.

I. Remote work locations for Nevada State employees are limited to the state of Nevada. Part-time Instructors (PTI) may be permitted to work in other states within the United States where the NSHE has payroll reciprocity agreements in place. Academic units must confirm, with Human Resources, whether a payroll reciprocity is in place prior to making an offer of employment.

II.                   Alternative Work Arrangements

A. Remote Work: Remote work allows an employee to perform the duties and responsibilities of the employee’s position at a remote worksite as their primary work location on a full-time basis. For remote workers, the home or other approved alternate worksite serves as the employee’s main work location. Remote workers may be required to periodically travel to and work from a College worksite, as needed. The types of remote work include:

1. Conditional: Remote work that is authorized as a condition of employment, to protect health and safety, or as a result of an approved ADA accommodation.

2. Mandated: A period of remote work that is ordered as the result of an emergency involving health and safety pursuant to federal, state, NSHE, or College mandate.

In addition to the provisions above related to remote work, the following alternative work arrangements shall apply to specific employee position types:

Academic Faculty & PTI Alternative Work Arrangements

B. Given the unique nature of academic and instructional positions, Nevada State recognizes the need to serve students through delivery methods that often don’t align with a standard work week or schedule. Therefore, Academic Faculty and PTIs should refer to the Academic Workload Policy for requirements and restrictions related to alternative work arrangements.

In accordance with the Academic Workload Policy, Deans and Department Chairs retain the authority and responsibility to establish expectations related to work performance to include how and where work is performed. Academic Faculty and PTIs should work with their supervisor to identify an arrangement that aligns with the provisions of this policy and meets the needs of the department, faculty member, and students.

Administrative Faculty, Classified, and Hourly Alternative Work Arrangements

C. Telecommute (hybrid schedule): Telecommute schedules allow an employee to work, during any part of their authorized work schedule, away from their primary worksite and at an approved alternate worksite. This is not a full-time arrangement and does not include work done while on official travel or mobile work. The types of telecommute schedules include:

1. Regular Telecommute Schedule: Telecommuting that occurs on a periodic and regularly-scheduled basis.

2. Situational Telecommute Schedule: Telecommuting that is approved on a case-by-case basis, or that is not part of a regular telecommute schedule. Instances in which situational telecommuting may be approved include but are not limited to: operational need; inclement weather; need to maximize productivity when personal appointments or special work assignments impact the telecommuter’s availability.

Telecommute work locations are limited to the state of Nevada.

D. Compressed Schedule

1. Exempt and non-exempt employees may request a compressed schedule as follows:

i. Four (4) ten-hour days (compressed schedule A)

ii. Four (4) nine-hour days and one (1) four-hour day (compressed schedule B)

2. Non-exempt employees (Classified Employees) must have a Modified Overtime Agreement in place with Human Resources to be eligible for a compressed schedule.

3. In considering requests, the supervisor must consider departmental business needs, impact to operations, and staffing levels. Requests that would result in the need to close a work or office site shall not be approved.

E. Flex Time

1. An exempt employee who works in excess of the number of normally scheduled hours on a particular workday may, upon the approval of the supervisor and consideration of the time worked, reduce a future workday within the pay period. To maintain the exemption status of the position, flexing of time shall not be based on a strict hour-for-hour basis. Approval for flextime is at the discretion of the supervisor and is not a requirement or entitlement.

2. A non-exempt employee who works in excess of 8 hours in a day or 40 hours in a workweek (with an accompanying Modified Overtime Agreement) may, upon the approval of the supervisor and in consideration of the time worked, reduce a workday within the same workweek. Flexing time shall be on an hour-for-hour basis. In the absence of approved flextime, the employee shall be entitled to overtime/compensatory time for any hours worked in excess of the standard work schedule. Overtime/Compensatory time must be pre-approved by the supervisor.

III.                 Guidelines for Managing Alternative Work Arrangements

A. Alternative work arrangements may vary from person to person depending on the type of work performed and the needs of the department and the College, and must be established through an equitable, fair, and consistent approach for all similarly situated employees within a department/work unit.

B. Non-Exempt employees shall not work more than eight (8) hours per day (or 40 hours with a Modified Overtime Agreement) in a work week without advanced written approval from their supervisor. In the event the supervisor anticipates granting ad hoc alternative work arrangements outside of an employee’s standard schedule, the parameters of such flexibility must be outlined in advance. The amount of time the employee is expected to work per pay period shall not change due to participation in an alternative work arrangement.

C. Supervisors, in consultation with the Dean/Director and Campus Executive, have the discretion to manage the conditions under which alternative work arrangements are approved, scheduled, and operationalized within their respective units.

D. Unplanned or ad hoc requests for an alternative work arrangement during a single work week may be granted to an employee at the discretion of the employee’s supervisor. Approval of a one-time unplanned or ad hoc request does not constitute an ongoing, formal alternative work arrangement that extends beyond a single workweek or pay period and must conform generally to this policy.

E. All alternative work arrangements must conform to the overtime/compensatory time, record keeping, meal break, and other provisions of the Fair Labor Standards Act and any other relevant laws, regulations, or policies. Lunches and/or scheduled rest periods shall not be eliminated when an employee works an alternative work arrangement.

F. All alternative work arrangements are granted on a temporary and revocable basis and may be discontinued by the College at any time. For remote work and telecommuting agreements, the supervisor shall provide no less than thirty (30) days’ notice.

G. Employees working a telecommuting or remote work schedule must be available by telephone, email, and/or other communication and collaboration technology identified by the supervisor during scheduled work hours, with the exception of meal and break periods as required under State regulations. Employees are required to either forward their College phone to their remote line or check College voicemail for messages at least once every two hours.

H. Employees working a telecommuting or remote work schedule are required to have the appropriate technology and security measures in place to perform assigned job duties and responsibilities. In addition, employees must have access to the College email system and any other College system(s) and applications necessary to perform their job responsibilities.

I. The supervisor retains the right to require an employee with an alternative work arrangement to be physically present at the College on a day that conflicts with the agreed-upon arrangement. When possible, an employee will be given a minimum of 24 hours advance notice of events that require their physical presence at a College site. An employee required to be present outside of their alternative work arrangement may, with the approval of their supervisor, switch their day(s) during the same work week; however the supervisor is not obligated to approve such requests.

J. Employees with approved alternative work arrangements are subject to all terms and conditions of employment, law, policies, procedures, and regulations as outlined in NSHE Code, NSHE Policies and Guidelines, Nevada Administrative Code, NSC policy, or any other relevant federal, state, NSHE, or College law, policy, or regulation.

K. Classified employees with approved work arrangements are required to submit hours worked through the COE application.

L. In the event of a delayed opening, early closing, or full-day closing of the College due to an approved holiday, inclement weather or other emergency condition, a non-essential employee on an approved alternative work arrangement is not required to work remotely. If administrative leave is granted for a non-holiday closure, the employee should enter the appropriate leave in the Workday leave system. Employees with a compressed schedule that coincides with a delayed opening, early closing, or full-day closing will be responsible for making up any work time missed beyond any granted leave. Administrative leave will not be provided to employees on a compressed schedule when such leave coincides with the employee’s scheduled day off, except in the case when an approved holiday occurs on a day when an employee on a compressed schedule is not obligated to work. In accordance with Nevada Administrative Code, section 284.257, if a holiday occurs on the day off of a full-time non-exempt (Classified) employee, the work schedule may be adjusted for the week during which the holiday occurs. The work schedule for exempt employees (Academic and Administrative Faculty) may be adjusted for any week within the pay period in which the holiday occurs.

IV.                Supervisor & Employee Orientation & Training

The College will provide education and information, as appropriate, for employees and supervisors to enhance understanding and increase awareness of the alternative work arrangement policy and procedures related to alternative work schedules. Goals to be achieved through education are: (1) ensuring that all employees and supervisors are aware of the availability and limitations of alternative work arrangements; (2) deterring the misuse or abuse of alternative work arrangements; (3) identifying efficiencies to be gained by flexible work arrangements; and (4) equitable and consistent application of alternative work agreements.

Employees and supervisors will be required to attend an alternative work arrangement informational session prior to submitting or approving an alternative work arrangement agreement. Additional education and information sessions may be developed and delivered by the College. Any additional mandatory session will be communicated to the campus community.

V.                  Alternative Work Locations

A. Employees on telecommuting or remote work agreements must designate an alternate work location on the agreement request. The employee’s off-site workspace will be considered an extension of the College’s worksite. Therefore, the College will continue to be liable for job-related accidents that occur at the alternate work location during the employee’s working hours while the employee is performing official College business. The College reserves the right to inspect the workspace upon 24-hour notice or to have the employee submit a self-certified safety checklist for determining that the site is safe and free from hazards. Worker’s compensation liability is limited to the designated workspace as opposed to all areas of the home/alternate work location.

B. The College will not be liable for theft or damages to the employee’s real or personal property while the employee is working at the alternate work location. Also, the College assumes no liability for injuries occurring in the employee’s alternate work location outside of established working hours.

C. Employees are expected to maintain safe working conditions and to practice the same safety habits in the alternate work location as they would in their on-campus workspace.

D. Employees remain responsible for all insurance, utility, telephone, internet connections, and related costs at the alternate work location.

E. Employees should consult their tax advisor with respect to tax consequences.

F. In the event of an injury at the alternate work location, the employee shall immediately (as circumstances permit) contact their supervisor and Human Resources. Failure to report an injury may result in the immediate termination of the alternative work agreement.

VI.                Supplies and Equipment

A. The College will not purchase equipment solely for the purpose of permitting an employee to have an alternative work arrangement, unless such arrangement is required by a condition of employment, as the result of an approved ADA accommodation, or during periods of mandated remote work. Any purchase is subject to budget limitations.

B. Employees are liable for any college property provided and should promptly notify their supervisor and/or IT of any malfunction in College-owned equipment and take all appropriate actions to return such equipment if repairs are necessary.

C. All equipment and supplies provided by the College remain the property of the College and must be returned promptly to the College at the conclusion of any alternative work arrangement.

D. Employees may use their own equipment, provided the College incurs no cost. Repair and maintenance of employee-owned equipment is the responsibility of the employee.

VII.               College Space

The decision to enter into an Alternative Work Agreement may have implications for campus space assignments.

A. An employee who is telecommuting more than two (2) days per week will share an assigned office with one or more other employees. The workspace may be shared with an employee of dissimilar classifications.

B. An employee who is working remotely more than 50% of the Contract period will not be assigned a dedicated workspace.

C. The College will provide limited drop-in space for employees who are not assigned an individual workspace. The drop-in space will be equipped with a computer and related periphery. The drop-in space is available on a first-come, first-served basis and cannot be reserved in advance.

VIII.             Agreement Request and Approval Process

The following request and approval process shall apply to all requests for regular telecommute and compressed alternative work arrangement agreements. Situational telecommute and flex time requests require prior written approval and documentation from the supervisor, but do not require the formal request and approval as outlined below.

A. Request Process

1. Employees who desire a regular telecommute or compressed alternative work arrangement shall:

i. Discuss the matter initially with their immediate supervisor;

ii. Submit their request via the Alternative Work Arrangement Form to their immediate supervisor. The request shall include the terms of the agreement, including specific hours and days of work, current job responsibilities, duration of the agreement, and alternate work location (remote and telecommute requests).

B. Approval Process

  1. All alternative work arrangement requests must be reviewed by the employee’s supervisor. Upon receipt of a request, supervisors shall:

i. Review the employee’s eligibility for an alternative work arrangement as outlined in the Alternative Work Arrangements policy.

ii. Determine the appropriateness of the request in conjunction with the Limitations on Alternative Work Arrangements and Guidelines for Managing Alternative Work Arrangements provisions of the Alternative Work Arrangement policy.

iii. Consider the request from an equity and consistency standpoint and in consideration of other approved and denied requests for similarly situated employees within the department.

  1. In consideration of the above and only in circumstances where the provisions and requirements of the Alternative Work Policy can be fully met, the supervisor will sign the agreement and submit the request and any supporting documentation (as applicable) to the Dean/Director. If the supervisor is a Dean/Director, the request should be submitted to the Campus Executive for the area in which the request originates.
  1. The Dean/Director shall review the request under the same conditions as outlined above for the supervisor. The Dean/Director retains the right to deny an alternative work arrangement if business necessity warrants such a denial or for circumstances related to eligibility or equity reasons. Upon approval, the Dean/Director will submit the approved request to the Campus Executive for final review and approval.
  1. The Campus Executive (President, Provost, Senior Vice President, Vice President) retains the right to deny an alternative work arrangement for any business necessity, eligibility, or equity reason. Fully approved agreements shall be forwarded to Human Resources for placement in the employee’s personnel file.
  1. Any modification to an approved agreement must follow the same approval process outlined above.
  1. All agreements shall be subject to review and renewal at least annually, to correspond with the College’s fiscal year (July 1 to June 30), or whenever there is a change in the supervisor, employment status, office conditions, or job duties. In the event that an agreement is not continued, the employee may submit a new alternative work agreement request.

FORMS/INSTRUCTIONS

  • Alternative Work Arrangement Policy Request Form (in progress)

RELATED INFORMATION

  • Fair Labor Standards Act
  • Nevada Administrative Code, section 284.257
  • NSC Academic Workload Policy
  • Title 4, Chapter 3, Section 51 of the NSHE Handbook
  • Title 4, Chapter 8, Section 13 of the NSHE Handbook

APPROVALS

Approved by Dr. Vickie Shields, Executive Vice President and Provost, May 12, 2022.
Approved by Mr. Kevin Butler, Senior Vice President of Finance and Business Operations, May 12, 2022.
Approved by Dr. DeRionne Pollard, President, May 11, 2022.

Student Employment Policy (HR 3)

POLICY STATEMENT

Nevada State College recognizes the important role that Student Employment plays, not only in the operation of the College but also with the academic and professional development of students.  Student positions are intended to create a learning experience that complements a student’s academic and career goals while providing valuable work experience and helping meet the staffing needs of the College.

DEFINITIONS

At-will Employee: An employee who may resign from work or be terminated from work for any lawful reason.

Federal Work-Study: A federally funded financial aid program to provide payment for work performed by students on campus or in the community, based on the financial needs of the student and the availability of funding.

NSC Work-Study: An institutional Student Employment program funded by student fees (Access); allows for both need-based and non-need-based awards.

FICA: Federal Insurance Contributions Act. It is a federal employment tax imposed on both the employees and employers to fund Social Security and Medicare. In the State of Nevada, College employees do not pay into Social Security and, in lieu of this tax, pay into a FICA Alternative or other qualified plan.

FICA Exempt: Employee is not required to make FICA contributions, based on a minimum of half-time student enrollment.

Fiscal Year: For Nevada State College, the fiscal year runs from July 1 through June 30.

Student Employment: Part-time employment of a current Nevada State student in a position within Nevada State College, funded from either Federal Work-Study, NSC Work-Study (Access fees) or departments with self-supporting funds, generally to meet part-time, temporary, or seasonal needs.

Student Worker: A Student Worker is an At-will Employee whose major efforts are directed toward receiving a formal education and is employed part-time by Nevada State College.  Student Workers are authorized to work a maximum of 19.5 hours per week during academic periods in which they are enrolled and classes are in session.

PROCEDURES

I.    Eligibility Requirements

To be eligible for Student Employment, an individual must be enrolled at Nevada State College as an undergraduate or graduate student during the fall or spring semesters. While individual department/units may require higher standards, the minimum requirements for all Student Workers include:

  • Undergraduate enrollment in at least six (6) credits per semester.

or

  • Graduate enrollment in at least five (5) credits per semester.

and

  • Cumulative GPA of 2.0 (undergraduate) or 3.0 (graduate).

Students enrolled in their final semester at Nevada State or students whose academic program does not allow for half-time enrollment may be exempt from the minimum enrollment requirement.  Authorization for exemption is granted by HR in consultation with the supervisor prior to initiating the hire.

The supervisor is responsible for verifying enrollment. Verification will occur at the time of initial application and at the beginning of each academic term thereafter.

To be considered for employment, students must be authorized to work in the United States. If hiring an international student, departments must contact Human Resources for guidance before making an offer of employment.

Students may work during the winter and/or summer terms if they meet one of the following enrollment requirements:

  • Be enrolled in at least one (1) credit during the summer term.
  • Be enrolled for the academic term immediately preceding and following winter and/or summer terms.

Students who are working but are not enrolled in at least 6 credits (undergraduate) or 5 credits (graduate) will not be considered FICA Exempt and will be required to pay into the NSHE FICA Alternative Plan. Contributions to FICA will not be reimbursed due to late enrollment.

Students who drop below half-time status after the start of the semester will be permitted to continue working so long as they maintain enrollment at a minimum of three (3) credits. Students with a pattern of habitual course withdrawals will be subject to the termination provision.

Failure to maintain the above requirements may result in the revocation of Student Employment eligibility and immediate termination.

II.    Procedures for Requesting/Hiring a Student Worker

Departments/Units must have an operational budget available to pay the hourly wage of a Student Worker. Once funding is established, the supervisor will utilize the following process for creating and filling the student position. Student workers are not authorized to begin working prior to completing the hire and onboarding processes in Workday.

  1. Supervisor completes the Student Job Requisition Template (all student worker positions). Completed forms should be submitted electronically to NHR@nsc.edu.

The above forms can be found in the documents section of the NSC Portal, under Human Resources > HR Docs > Forms > Recruitment and Search Process

Human Resources will review the job requisition for completeness. At this time, HR will determine, in consultation with the supervisor, an appropriate salary grade and hourly rate in accordance with the Student Classification and Compensation Schedule.

  1. Supervisor initiates and submits the “Create Job Requisition” business process in Workday.

Guidance on completing the job requisition can be found using the “Workday Training Resources” worklet in Workday and searching for “create job requisition.”

Approved job requisitions will be posted on the NSC jobs portal and applications will be accepted. In addition to resume, cover letter, and references, student applicant will be required to upload a copy of their class schedule showing that they meet the minimum enrollment requirement.

  1. Supervisor will review submitted applications, conduct interviews, select applicant(s), and initiate the Workday Hire process. During the initial application review, supervisors will be responsible for verifying each applicant’s enrollment status. Students who do not meet the minimum enrollment requirements will not be considered for hire.
  2. Once the Student Worker has completed the hire and onboarding processes, including an I-9 Form, they will be notified of their completion and will be authorized to begin working.

III. Classification and Compensation Schedule

The student classification and compensation schedule is designed to establish consistent hiring and pay practices for all Student Workers. The schedule adheres to the State of Nevada minimum wage and hourly rates. Salaries must be at a wage no less than the minimum required by law and may not exceed the maximum allowable wage for the assigned wage range.

The level and salary applied to a student position is determined by the Office of Human Resources and will be based on job duties/responsibilities, supervision needed, qualifications, and level of expertise required for the job.

Positions are typically placed at the minimum of the pay range. Placement above the minimum may be warranted based on the complexity of the job duties, level of independent judgement, scope and responsibility, and skill/experience required for the position.

New student positions must be submitted to Human Resources prior to a department posting a position for recruitment or making an offer of employment.

Listed below are the classification and compensation ranges for Student Workers:

Student Worker I

Wage Range: $9.75 – $14.00

Duties at this level typically vary from routine and simple to slightly complex, requiring basic decision-making. Employees at this level receive training or are instructed how to perform assigned duties. Duties are performed under direct supervision to ensure completeness and accuracy of tasks performed.

Examples of duties: basic clerical duties, filing, answering phones, shelving books, copying, washing laboratory glassware, stocking shelves, and other manual tasks involving light physical effort.  Basic computer skills, reviewing documents for completeness, data entry, cashiering, simple hardware/software maintenance under supervision, library research requiring student to summarize materials, and situations requiring similar judgement.  Positions requiring manual skills and arduous physical work are included in this classification.

Student Worker II

Wage Range: $12.00 – $16.00

Duties at this level fall into three areas or a combination of these areas:

  1. Duties range from somewhat to moderately complex, are varied and involve a degree of responsibility and judgement.
  2. Duties are specialized or technical requiring exceptional and diversified skills.
  3. Duties include training lower level Student Worker positions and acting as a lead supervisor over other Student Workers.

Employees at this level must take initiative regularly and must be able to provide information regarding unit procedures, rules, and regulations. Employee is given general instruction and will be expected to prioritize work, use initiative, and make decisions regarding work assignments.  Employee must possess specific knowledge and skills to perform duties without detailed supervision.

Examples of duties: Tutoring students in a structured environment (e.g. ASC or Writing Center),  desktop publishing, routine hardware/software maintenance, editorial assistance, laboratory work involving research and testing, research work involving collection and interpretation of data, higher level administrative tasks, supervision, training, or overseeing a function or service area.

Student Worker III

Wage Range: $14.00- $18.00

Duties at this level are specialized or technical requiring exceptional and diversified skills.  Assignments involve: Analysis, independent judgement and knowledge of the principles, practices, and concepts of a professional field (e.g. accounting, management information systems, computer science, biology, etc.), advanced customer service or employee supervision. Employees at this level are expected to independently prioritize work, use initiative, and function with autonomy and independent decision-making.

Examples of duties: provide academic support within individual courses, provide embedded supplemental instruction support, lead workshops and/or class sessions to support academic instruction, report compilation, highly technical programming, grant writing, database development, web development, highly technical laboratory or research work. Position in this category normally involve work that is closely related to the student’s academic program.

Increases to Student Pay

Students may be eligible for a longevity increase if the following criteria have been met:

  • The Student Worker has served in their current position for a minimum of 12 months.
  • The Student Worker has not received an increase to their compensation in the previous 12 months.
  • The direct supervisor and department director/manager recommend giving the increase.

Increases to student pay are based on the availability of student funds allocated to the department.

The maximum allowable increase for a Student Worker is 50 cents per hour per fiscal year. Increases shall not cause the Student Worker’s pay to exceed the wage range maximum for the assigned classification level.

Supervisors are responsible for notifying Human Resources, in writing, of all requests to increase pay. If requests are received prior to the student worker’s anniversary date, the increase will be effective on the anniversary. If requests are received after the anniversary date, the increase will be effective on the date the request was received in Human Resources. Increases will not be retroactive.

IV.    Employment Rules Applicable to Student Workers

A.    Standard Hours and Overtime

Student positions are temporary, part-time positions and should provide flexible work schedule to accommodate the student’s class schedule and other academic responsibilities, and should not impede the student’s academic pursuits. The following restrictions apply to all student positions:

  • Student workers are authorized to work a maximum of 19.5 hours per week during academic periods in which they are enrolled and classes are in session.
  • Students may be authorized to work up to 40 hours per week during breaks when classes are not in session (e.g. spring break) or during winter break and/or summer session if they are not enrolled in classes.
    • Authorization must be granted by the appropriate campus Executive (e.g. President/Provost/Senior Vice President/Vice President).
    • Written approval must be provided to Human Resources prior to increases the student workers hours.
  • Maximum weekly hours apply to hours worked across all jobs, within NSHE, in which the student may be employed, regardless of NSHE institution.
  • Overtime shall not be authorized for Student Workers. In the unusual event that overtime is worked, the Student Worker must be compensated at one and one-half times the normal hourly rate.
  • Student workers may not exceed the department’s budgeted salary allocation for student positions.

B.    Time Tracking and Payroll

One of the most important responsibilities of a supervisor is to ensure that student payroll information is submitted and approved in a timely and accurate manner. It is the responsibility of the student and supervisor to be aware of payroll deadlines and procedures. Payroll cutoff schedules are available from the “Workday Training Resources” worklet on the Workday homepage and by searching “Payroll.”

Payroll periods are from the 1st through the 15th and the 16th through the last day of each month.  Paydays occur on the 10th and 25th of each month.

Students must clock-in and out in Workday for each shift in which they work. Students must also submit their time for approval by their supervisor by the end of each pay period (15th and last day of the month). Supervisors must approve time within one day of the end of the pay period.

If a student is eligible for work study, their primary job will display a time type for work study and they should select that option each time they clock in. If work study is not an option, the Student Worker should select the time type of “Student Hours Worked.” Supervisors and Student Workers will be notified by HR when they are awarded work study.

If a student fails to clock-in or out for a particular shift, the supervisor or timekeeper can enter the time retroactively. Retroactive time entry can be logged for two prior pay periods. Supervisors should contact Human Resources if retroactive pay is needed beyond two prior periods.

C.    Performance Evaluation

Evaluations are valuable tools in assessing a student’s progress, providing positive reinforcement, discussing areas of improvement, and for establishing goals for the individual and the department.

It is important that supervisors identify job responsibilities and expected performance standards for the Student Worker and provide ongoing and consistent evaluation of work performance. Human Resources recommends that Student Workers be evaluated at the conclusion of each semester.

A standard evaluation form assists supervisors with evaluation process. The form can be found in the documents section of the NSC Portal, under Human Resources > Forms > Performance Evaluation Forms.

D.    Breaks and Meals

Breaks: Student workers are entitled to one 15-minute rest period, with pay, for every consecutive 4-hour period in which they work. In general, rest periods should occur near the middle of each 4-hour period but should not be taken at the beginning or end of the work period.

Meals: Student workers, who work a consecutive 6-hour work period are entitled to one unpaid 30-minute meal period. Supervisors may authorize a meal period of up to 1-hour. Meal periods should occur near the middle of the shift but may not be taken at the beginning or end of the work period.  Employees may not work through or skip their scheduled meal period.

E.    Benefits

Every Student Worker is covered during their working hours by Workers’ Compensation Insurance for work-related injury/illness. The coverage provides an incapacitated worker the means of support and medical care when unable to work because of a job-related injury/illness. Employees must immediately report any job-related accident or illness to their supervisor and Human Resources.  Supervisors complete appropriate forms for the Workers’ Compensation Office.

Student Workers are not eligible to receive other employment benefits such as shift differential pay, call-back pay, paid holidays, paid vacation time, paid sick leave, retirement benefits, or permanent status.

F.    Termination

Student Employment is considered at-will and can be terminated at any time by either the employer or employee and for any lawful reason. Supervisors shall consult with Human Resources prior to terminating a student worker from their position.

A student may resign from their position. Reasonable notice for the employment separation should be communicated, in writing, to the supervisor.

Where termination occurs, the supervisor or employee should initiate the termination/resignation function within Workday when feasible following the notice of termination.

FORMS/INSTRUCTIONS

  • Student Employment Job Description
  • Student Job Requisition Template
  • Student Performance Evaluation Form

CONTACTS

SUBJECT CONTACT PHONE EMAIL
HR Director Eric Gilliland 702.992.2322 Eric.Gilliland@nsc.edu

APPROVAL

Approved by Dr. Serge Ballif, Faculty Senate Chair, June 17, 2020
Approved by Dr. Vickie Shields, Provost, June 24, 2020
Approved by President Bart Patterson, July 27, 2020