Office of Compliance and Ethics

Karol Riedman MPA CPA CIA CCEP

1700 Schafer Street #222
Bismarck, ND 58501

Summary Investigative Report

6/24/2021
Source of Complaint Direct Reports

Date(s) of Complaint 5/03/2021, 5/4/2021, 5/24/2021, 5/26/2021

Allegation Code of Conduct violations
Institution Mayville State University
Policy, Law referenced SBHE Policy 308.1 Officer and Employee Code of Conduct
Mayville State Policy M308.1 Employee Code of Conduct
Conclusion Investigation did not reveal violations of law or policy;
recommendations made.
Investigator Karol Riedman, NDUS Chief Compliance Officer

Background Information

The NDUS Office of Compliance and Ethics received four direct reports of alleged policy
violations by Mayville State University President Brian Van Horn. Three reports alleged
inappropriate behavior toward female employees, and further alleged that other female
employees are uncomfortable in his presence. Two of the reports allege that President Van Horn
is living in a student apartment, taking available housing away from students, paying less than
market rent and less than the students pay for comparable housing, violating his housing
allowance agreement and breaking several of the rules required of the students who live in the
apartments. (One report referenced both topics). These were anonymous reports.

Policy, Law, Case References

SBHE Policy 308.1 Officer and Employee Code of Conduct

SBHE Policy 603.1 Harassment and Discrimination
Mayville State Policy M308.1 Employee Code of Conduct

Investigation

In addition to the reports filed, documents and information were provided via email and
interviews by sources at Mayville State University.

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A. Alleged behavior toward female employees

The reports detail alleged behavior toward female employees that allegedly made them so
uncomfortable they ultimately resigned their positions. One (anonymous) reporter stated that she
was afraid to be in her office alone because President Van Horn “walks outside of it” and comes
in without giving any prior notice or warning. The complainants also stated that the incidents
were reported to NDUS and to Mayville State University’s Human Resource department, but no
action was taken.

SBHE Policy 520 requires each institution to adopt grievance procedures that provide for the
prompt and equitable resolution of employee complaints alleging harassment or discrimination
and a grievance process that complies with this Policy. The alleged victims of any such
harassment did not file grievances under SBHE Policy 520 or make a Title IX report; nor were
they identified in the complaint, so no practical further investigation or action could be taken.

B. Housing concerns

One of the student housing options on the Mayville State campus is the recently renovated
Agassiz Hall, which offers 2- or 4-student apartment and suite-style accommodations. A larger
apartment, the former living quarters of the Residence Hall Director, was vacant at the time
President Van Horn was looking for new housing during Spring 2021. The complainants
contended that only students should live in Agassiz Hall because it is designated as student
housing. In addition, complainants asserted that the campus president in student housing gave an
inappropriate appearance, that the president should abide by the Residence Hall Handbook while
living Agassiz Hall, and that President Van Horn should pay a market rate if he continues to
reside in Agassiz Hall.

Discussion and Findings

A. Alleged behavior toward female employees

As noted above, all of the complainants who made allegations of purportedly inappropriate
behavior toward female employees by President Van Horn chose to remain anonymous. During
my investigation, I was unable to positively ascertain the identity of either the complainants or
the individuals who were allegedly the targets of such behavior, and no formal grievances or
campus-level actions have been filed. As a result, I am left with nothing more than anonymous
hearsay, and I cannot make a finding with respect to these allegations.

B. Housing concerns

Neither the applicable SBHE Policies nor Mayville State University Policies prohibit campus
administrators from living in residential units designated for student housing. However, several
complainants and others who provided information as part of my investigation felt strongly that a
campus president should not be living in housing designated for students, rather than housing
designated for faculty or off campus. Others questioned the purpose of President Van Horn

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receiving a generous housing allowance when he was not living in a house where he could host
donors, community members, or others for a variety of social or campus-related events.

The 2019-20 Residence Hall Handbook includes a number of policies which various
complainants alleged were not being followed by President Van Horn:

1. Presence of alcoholic beverages within campus residence halls;

2. Possessing a pet other than fish or an approved service animal; and
3. Overnight guests staying for more than 3 days and/or unmarried cohabitation.1

President Van Horn pays $500 per month by personal check in rent. The apartment had not been
previously rented, as it had been a benefit provided to the Residence Hall Director, which is no
longer an available position in Agassiz Hall. The apartment2 had been vacant when President
Van Horn took up occupancy during the Spring 2021 semester. Several complainants contended
that this was far below market rent and incongruent with the housing allowance provided by the
SBHE.

For reference, the most expensive available housing3 for a student in Agassiz Hall would cost
$670 per month. While I attempted to ascertain the approximate market value of the apartment
rented by President Van Horn, the sparse supply of private rental housing in the Mayville area
makes such a determination unreliable.4 The rent paid by President Van Horn appears that it may
be low in comparison to student housing rental prices, but there is no available documentation of
how the rent amount President Van Horn would pay was determined or any other terms that may
be part of a lease agreement, if one exists. Depending on the difference between the rent paid and
an accurately determined market rate and the intent of Mayville State University in renting to
President Van Horn at that rate, the institution may face questions regarding the “anti-gifting”
clause of the ND Constitution.5 Based on my investigation, I cannot conclude that President Van
Horn’s rental of the Agassiz Hall apartment violates any state law, SBHE Policy, or Mayville
State Policy.

A number of complainants also alleged that President Van Horn inappropriately received a
housing allowance that far exceeds the rent paid for the apartment in question.6 However, a
review of President Van Horn’s contract and SBHE Policy 705.1 reveals that a standard housing
allowance is provided for three Presidents of four-year institutions where a President’s House is
not available. This allowance is not dependent on the cost of housing, but is a fixed sum paid
over 24 pay periods. As a result, this allegation is unfounded.

1
The undersigned was informed that President Van Horn and his fiancé recently married, in which case a
prohibition on cohabitation would no longer apply.
2
It is an open question whether the former Residence Hall Director’s apartment qualifies as “student housing” for
the purposes of the Residence Hall Handbook.
3
This housing option would consist of a single student living in a double room in a four-person suite with a shared
bathroom and common area.
4
In order to make a determination of market value, I would need to consult with a local real estate agent, which is
not within my scope of practice.
5
See N.D. Const. Art. X, Sec. 18.
6
President Van Horn currently receives an annual housing allowance in the amount of $20,000, while the
annualized rent for the Agassiz Hall apartment would be $6,000.

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Conclusion

A. Alleged behavior toward female employees

Anonymous complaints of this nature are extremely difficult to investigate, especially when
there is no identified victim who wishes to file a formal grievance or Title IX report that could
trigger a full and appropriate investigation. Without a victim or formal process, any findings on
this allegation would have been based entirely on anonymous hearsay. However, given the
number of complaints (and past similar complaints), there appears to be a perception gap
between President Van Horn and his staff. As a result, I suggest that President Van Horn seek
coaching or mentoring on communication and perceptions (or similar topics). I remain available
to assist in developing a plan for improvement or remediation, if appropriate.

B. Housing concerns

My investigation did not reveal any violations of state law, SBHE Policy, or Mayville State
Policy resulting from President Van Horn living in Agassiz Hall. However, there again appears
to be a perception gap between President Van Horn and the campus and broader Mayville
communities. There also may be a disconnect between President Van Horn’s living arrangements
and the expectations of alumni, donors, campus community members, and other colleagues of a
campus president. Of course, it is notoriously difficult for a university president to separate his
private family life from his public campus life and living in student housing may further
complicate this effort. These points support a recommendation for President Van Horn to
consider obtaining alternative housing outside of Agassiz Hall. If President Van Horn continues
to reside in Agassiz Hall, the institution and President Van Horn should ensure that there are
clear expectations with respect to the applicability of student housing policies, including those
mentioned above, and should consider consulting a professional to determine a prospective
market rental rate for the apartment.

I appreciate the opportunity to be of assistance to NDSU, NDUS and the SBHE regarding this
matter.

Karol K Riedman MPA, CPA, CIA, CCEP

NDUS Chief Compliance Officer

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