DICKINSON STATE UNIVERSITY
  COMMUNICATIONS (LANGUAGE) PROFICIENCY POLICY
  FACULTY HANDBOOK II.A.2 (COMMUNICATIONS PROFICIENCY)

STATUTORY REFERENCE:

The DSU policy regarding communications (language) proficiency is in accordance with Section 15-10-13.1 of the North Dakota Century Code and State Board Policy 609 which requires the demonstration of English language proficiency for all employees in an instructional capacity  (See Appendix II T).

GENERAL POLICY STATEMENT:

The following policy establishes a process for verifying communication skills, including the verbal and written English language proficiency of all personnel whose appointments include classroom instruction.  The process includes procedures ensuring compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and prohibits discrimination against a qualified individual with disabilities.  The process guarantees protection against discrimination in violation of other rights protected under federal and state constitutions or laws and Board policies to the best of the institution's ability.

PROCEDURES:

A.  Prior to employment, the communications (language) proficiency of the finalists in the applicant pool will be determined through the following methods:

1. Written proficiency in the English language will be determined by a thorough examination by the Search Committee of the written documents tendered in support of the candidate's application. Ability to communicate via writing will determined through this examination process.  Search Committee members will indicate their evaluation of the candidate's proficiency and ability to communicate in writing on the written communication part of the Faculty Candidate Evaluation Form (See Appendix II T).  The Search Committee Chair will summarize the committee's evaluation on the Chair's Faculty Candidate Evaluation Form.
2. The candidate's ability to verbally communicate and verbal proficiency in the English language will determined through the following means:
      a. The Chair of the Search Committee will hold telephone interview with the candidate prior to being invited to campus for a personal interview.  The Committee Chair will assess the candidate's ability to be understood in this verbal conversation.
      b. The candidate will provide a verbal teaching presentation critiqued by the Search Committee and a student audience during the campus visit and interview session.  The Search Committee members will be asked to comment on the Faculty Candidate Evaluation Form under the verbal communication and presentation categories with regard to the candidate's verbal skills and ability to be understood.
3. A consensus among the Search Committee members must be reached regarding the candidate's level of proficiency in both written and verbal English language and ability to communicate.
       a. The Communications Proficiency evaluation on the Faculty Candidate Evaluation Form filed by the Search Committee Chair as part of the candidate evaluation process must indicate that the Search Committee has determined that the candidate has adequate communication skills with written and verbal English to be sufficiently understandable for instructional purposes in the discipline to be taught.  This level of proficiency may vary according to discipline.  The evaluation will specifically address communication strengths and weaknesses and recommend any plan for improvement if necessary.
        b. This communications proficiency evaluation will be submitted by the Search Committee Chair as part of candidate's application file and, if employed, the evaluation will be included in the official personnel file.
4. In addition to the above procedures, those applicants whose native language is not English may be asked to provide a TOEFL score of 550 or above as further evidence of proficiency.

B. After employment, the following methods will be employed as a means of ensuring a continuous improvement of communication (language) proficiency for faculty members (both full-time and adjunct).

1. If deemed necessary by the Department Chair and approved by the College Dean, a program of communication (language) skill development (both written and verbal) will be developed for a faculty person considered to have a communications (either verbal or writing) deficiency with participation as a condition of continued employment.
        a. The communication (language) development program will be based on diagnostic testing provided by the DSU Student Support Services and individualized for the faculty person.
        b. The communication (language) development program for the faculty person will be operated through the Student Support Services.  This development program will be continued until acceptable proficiency levels are demonstrated either through significant increases in diagnostic testing scores or, through demonstrated improvement in communications skills to the Student Support Services Director and the University clientele affected; this demonstration may be secured through informal polling and interviews conducted by the Director in conjunction with the Department Chair.
   1. ) The communication (language) development program will be submitted as part of the official personnel file.
   2. ) Participation and achievement by the faculty person in the communication (language) development program will be monitored and recorded as an official document to be included also in the personnel file.
2. Irrespective of initial employment considerations, any faculty member (both full-time and adjunct) may be recommended for diagnostic testing and a subsequent communication (language) development program if sufficient evidence indicates a language proficiency problem.
        a. Completion of such an on-going communication (language) development program for current faculty may be a condition of continued employment and indicated contractually.
3. The Office of the Vice President for Academic Affairs will be notified of all faculty communication (language) development programs and will be responsible (along with college deans and department chairs) for implementation.
        a. The Vice President for Academic Affairs will report such communication (language) development programs to the President's Office for contractual considerations and progress reports.

C.  Special considerations and/or methods involving specialized testing and/or equipment may be necessary to evaluate potential faculty and existing faculty to ensure compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act, as well as federal and state constitutions and laws.  The mechanisms used to determine communications (language) proficiency will take into consideration inability of otherwise qualified candidates and/or faculty to demonstrate proficiency because of disability, race, religion or other protected characteristics.

D.  Students (and personnel) affected by the language proficiency policy may register concerns related to the provisions of this policy with the academic Department Chair.

1. The Departmental Chairs in consultation with the College Dean will recommend whatever action is deemed necessary to address the concerns with the College Dean implementing the recommended action.
2. If the plan of action and/or development program regarding communications (language) proficiency does not produce the desired results in the estimation of students and/or personnel involved in the initial concerns, an additional appeal may be made directly to the Vice President for Academic Affairs for further action.
3. Faculty who are adversely affected by this policy and feel that any recommended plan of action or communications development program is unwarranted may appeal the decision and/or action through the grievance process outlined in the Faculty Handbook.

E. The Vice President for Academic Affairs will periodically review the effectiveness of the communications (language) proficiency policy and provide reports on this topic to the State Board of Higher Education upon request.

1. The periodic review will include planning for continuous improvement of the communication (language) proficiency of all instructors through programs and activities developed through the VPAA's Office and utilizing faculty development funds for these endeavors.
2. Plans developed to improve and assess DSU's communications (language) proficiency program will recognize the needs of departments, academic programs, faculty, staff and students and will include an inclusive mechanism for this purpose.

F. The Communications (Language) Proficiency Policy will be included in the DSU Faculty Handbook and the DSU Student Guide.  The policy will also be provided to the DSU Affirmative Action Officer.

1. This policy (and all changes) is subject to review and recommendation by the DSU Faculty Senate and final approval by the DSU President for inclusion in the above mentioned publications.
2. The DSU Communications (Language) Proficiency Policy will be filed with the State Board of Higher Education per SBHE Policy 609.

This Revision of the 1994 DSU Communications Policy mandated by the NDUS Central Office in 1995 was developed by the Dean of Arts and Sciences and the VPAA Council in the fall of 1996; approved by the Faculty Senate Executive Committee (1/97) with recommended changes; reviewed and approved by the Cabinet and President (10/98); and implemented on July 1, 1999. 

Communication Proficiency Complaint Reporting Form (PDF)