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 301056]
• GTA-Instructional/Laboratory Support [Class Code 301057]
• ‘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-2014
• 1-3 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