GRADUATE ASSISTANTSHIPS BOR and SDSU Policy Changes Fair Labor Standards Act Affordable Health Care Act

Definitions BOR policy does not define. Graduate Teaching Assistantships [GTA] ‘primary duties of teaching, tutoring, instructing, lecturing’ Graduate Research Assistantships [GRA] Research performed in pursuit of degree, is a student Graduate Administrative Assistantships [GAA] Duties not GTA or GRA, receptionist, secretarial, admin support Fellowship Financial award provided to student either by Univ or administered by the Univ on behalf of external agency. Eligible for special tuition (BOR 5:22). Do not carry work expectations.

General Guidelines Degree seeking Enrolled each semester as GA Unconditional Admit Maintain a ≥ 2.75 gpa If meet BOR min stipend: billed at 1/3 tuition SDBOR 5:22 ≤49% effort is standard; Above 49% needs approval 95% maximum allowable (rare)

General Guidelines All GA s may begin appointment 30 days prior to start of semester, provided enrolled Will ease transition with international students Summer GA receiving the following will qualify for summer special tuition rate, regardless of summer pay amount Received qualifying GA for previous Fall and Spring Spring and current summer pay sums to qualifying amount to two semesters. All GAs and Fellows must be evaluated annually. Use the NFE evaluation form. Details forthcoming

Graduate Teaching Assist. Fair Labor Standards Act Exempt from Hourly & Overtime, if meets teacher definition; any employee with a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed. Must have ‘face time’ with students Must appear on contract (letter of offer) Can not be “graders” only Affordable Care Act Tracking hours not required 2.25 x weighted credit hrs + mandatory service hours See examples on handout Does Not need to appear on letter of offer Must appear on the PAR (details forthcoming)

GTA – Letter of Offer Template on Grad School Website. Letter of Offer = Contract 1 yr max (BOR policy for NFE) Must state Percent effort Start date, end date Stipend Define the course(s) to be taught Number of required mandatory hours (office, meeting, etc) Instructional duties to include ‘face to face’ responsibilities Proctoring exams is ‘face to face’. “IP Agreement” attached Dept collect the signed agreement and forward to HR

Graduate Research Assist. Fair Labor Standards Act Exempt from Hourly & Overtime, if meets 1994 DOL definition for no employee / employer relationship Graduate Assistants who perform research related to their course of study are considered “students”, not “employees”. Affordable Care Act Track hours to ensure if ≥30 hrs/week receives healthcare Thesis/dissertation vs non-thesis/dissertation How to disentangle these activities? What activities should be tracked? Mechanism is in development: may include timesheets Tracking not necessary if provided healthcare. State of South Dakota employee health ins option

GRA – Letter of Offer Template on Grad School Website. Letter of Offer = Contract 1 yr max (BOR policy for NFE) Must state Percent effort Start date, end date Stipend Duties Must distinguish between thesis/dissertation and other work “IP Agreement” attached Dept collect the signed agreement and forward to HR

Graduate Admin Assist. Fair Labor Standards Act Hourly, Overtime Eligible Must track hours for pay Affordable Care Act Track hours to ensure if ≥30 hrs/week receives healthcare Use current hourly/ worker time-keeping system.

GAA – Letter of Offer Letter of Offer = Contract 1 yr max (BOR policy for NFE) Must state Hours per week Hourly pay rate Must meet federal minimum wage Start date, end date List of duties

GA PAR Process Submit to HR; will be routed to Graduate School Letter of Offer attached to PAR Two available options for GTA: GTA-Instructor [Class Code ] GTA-Instructional/Laboratory Support [Class Code ] ‘GTA-grading’- No Longer Available Unconditional admit Degree seeking Registered (enrolled) for ≥ 1 cr Cum grad GPA ≥ 2.75 Minimum pay requirements

GA – Minimum Pay Rate One minimum pay threshold. Are suggested levels of pay published annually by Finance & Business Calculated: with BOR min stipend at a 28% effort for 16 weeks. 40 hr/wk = 100 % effort For assistance for determining meeting min rate: Annalisa Reed: Business and Finance

Upcoming Workshop Legal Issues of Graduate Assistantships 21-July pm 262 SSU Case studies of Suspending - Dismissing GAs Poor performance Mental / physical health issues Lab safety…and more Fair Labor Standards Act American with Disabilities Act SD BOR policy ….and more