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4.1 Teaching, Research, and Extension Faculty Appointments

Manual: Exemption Procedures

Subsection: Teaching, Research, and Extension Faculty Exemptions

Teaching, research, and extension faculties are considered exempt from civil service guidelines in accordance with the section 36e(4) of the Act (110 ILCS 70/36e(4)).   Likewise, those positions with primary administrative or supervisory responsibility of an academic unit engaged in academic instruction or research, or for a group of employees falling within this exemption category, are considered exempt in accordance with this standard.  In general, these positions have direct academic or affiliated research components and are easily distinguished by these assignments and professional designations. 

Experience has shown that while a number of positions reasonably appear to fall within the Criteria for Exemption from civil service, it is often unclear whether section 36e(3) of the Act (110 ILCS 70/36e(3)), “principal administrative employees . . . as determined by the Merit Board”, or section 36e(4) of the Act, “the teaching, research and extension faculties of each institution and agency”, is the appropriate exemption.  Positions exempted under section 36e(4) of the Act are a matter of internal governance between a particular institution and its governing board, based on established employment protocols.  These positions are not subject to any Merit Board authorization process, but are subject to Merit Board audit procedures.

It is recommended that position descriptions be properly developed and maintained in order to establish the proper academic component assigned to each position and validate the exemption authorization recognized under this statutory reference.  See 4.1a for examples of 36e(4) titles and corresponding position standards.

In attempting to provide some guidance as to the types of positions that are more appropriately exempted under section 36e(4) of the Act as opposed to Section 36e(3) of the Act, the following brief discussion regarding the application of each type of employment category enumerated in the Act under section 36e(4) [teaching, research, and extension faculties] is offered:

Positions in each of the following categories all require, at a minimum, a bachelor’s degree.

Teaching
These positions include those who provide direct classroom instruction to the institution’s students as their primary function, most specifically related to the normal academic curricula.   This activity, however, is not specifically limited to those members of the tenure-track faculty (Professor, Associate Professor, and Assistant Professor), but also extends to those positions who provide direct instructional support, or academic/career planning/counseling to students   as their primary function. Likewise, those positions with primary administrative or supervisory responsibility for a group of employees falling within this category are considered exempt in accordance with this standard.

Some common titles associated with this category include, but are not limited to, the following:

Provost
Associate Provost
Assistant Provost
College Dean
Department Chair/Head
Assistant Dean
Associate Dean
Assistant Department Chair/Head
Associate Department Chair/Head
Professor
Associate Professor
Assistant Professor
Instructor
Lecturer
Academic/Career Counselor
Athletic Coach – Head, Associate, or Assistant
Academic Coordinators – for various pre-professional and professional programs directly related to the primary academic curricula

Research
This category applies to individuals primarily engaged in research activities, normally under the direct oversight of an academic department or college and are frequently funded by outside sources.  Research in this context is not necessarily limited to the laboratory work typical of the physical sciences, but may also include field historical research, linguistic studies, archaeology, etc.  Such appointments may be members of the regular tenure-track faculty, but academic rank is not a prerequisite to inclusion of a particular position in this category.  Likewise, those positions with primary administrative or supervisory responsibility for a group of   employees falling within this category are considered exempt in accordance with this standard. 

It is important to note that the specific research attachment does not automatically exempt a position from civil service regulations.  In many instances, support positions whose primary function(s) can be matched to civil service classification specifications must remain civil service despite their attachment to a research program and/or funding component.  

Some common titles associated with this category include, but are not limited to, the following:

Professor
Associate Professor
Assistant Professor
Research Associate
Research Coordinator
Archeologist

Extension Faculty
This category applies to the additional instructional positions created to provide both credit and non-credit instructional programs offered by the institution, usually outside of the normal academic curricula.  The non-credit component includes instructional programs offered both on and off of the primary campus of the institution.   Adult Education and Continuing Education are terms frequently used to describe these programs, which may be offered in community facilities, extension institute centers, and a variety of other settings. The instructional staff of such programs may be employed solely for the duration of the specific course(s) being offered, based on professional “real world” experience in a particular profession or industry, or may be subject-matter specialists who are employed as regular academic staff members at another educational institution. Also included are those persons with functional responsibility for a group of employees falling within this exemption category.

Some common titles associated with this category include, but are not limited to, the following:

Extension Faculty
Institute Instructors
Seminar Teachers
Adult Education Instructors
Adult Education Course Coordinators
Motor Cycle Safety Instructors


(Reference section 36e(4) of the Act (110 ILCS 70/36(e)(4))
Issued 6/1/2009