Current through Register Vol. 18, September 20, 2024
(1) Individuals who
perform services for an academic institution in an instructional, research, or
principal administrative capacity include the following:
(a) Individuals in an instructional capacity
include teachers in formal classrooms and seminars, tutors, and those who
direct or assist students in research and learning.
(b) Individuals in a research capacity
include those who direct a research project and those staff directly engaged in
gathering, correlating, and evaluating information and making
findings.
(c) Individuals in a
principal administrative capacity include school principals, school
superintendents, officers of the institution, the board of directors, business
managers, deans, associate deans, university public relations directors,
comptrollers, development officers, chief librarians, registrars, and any
individuals who, although they may lack official titles, actually serve in a
principal administrative capacity.
(2) "Reasonable assurance" means that there
is a written, oral, or implied agreement that the individual will perform
services in the same capacity in the next academic year or term.
(3) An individual who performed services in
the first academic year or term has reasonable assurance if the educational
institution gave the individual a bona fide offer of the same job in the same
capacity for the next academic year or term, whether or not the individual
accepts the bona fide offer.
(4) An
individual who performed services in the first of any two academic years or
terms for an educational institution has reasonable assurance of performing
services in the same capacity in the second academic year or term, regardless
of the following:
(a) the individual is
required to reapply for a position;
(b) the individual has advised the
institution of the individual's intention not to return to employment in the
subsequent academic year or term; or
(c) the educational institution has advised
the individual or the department that employment in the next academic year or
term is contingent upon adequate funding or enrollment.
(5) An individual does not have reasonable
assurances in the following circumstances:
(a) if the economic terms and conditions are
substantially less than the economic terms and conditions of the job in the
previous academic year or term; or
(b) if an educational institution advised the
individual or the department that employment in the next academic year or term
is contingent upon adequate funding or enrollment; and
(i) the individual has been given unequivocal
notice that the individual will not be rehired for the subsequent academic year
or term;
(ii) the department
determines that there is not a pattern, either as to the particular individual
or as to the class of employees to which the individual belongs, of such notice
being followed by subsequent reemployment by the educational institution; and
(iii) the department determines
that there is not substantial evidence of a continuing employment relationship
between the individual and the educational institution during the period
between the first and next academic years or terms, including but not limited
to, the continuance of employee benefits during the period.
(6) If the department
determined that an individual did not have reasonable assurances, and the
individual was later given reasonable assurances, any benefits that were paid
to the individual based on the initial determination of no reasonable
assurances shall cease starting on the date the individual received reasonable
assurances.
(7) If the department
determined that an individual had reasonable assurances, but the individual
continues to be unemployed when the academic year or term begins, the
individual may be allowed benefits:
(a) from
the date the offer of employment was withdrawn; or
(b) from the date the claimant was given
reasonable assurance if it is determined that the original offer of employment
was not a bona fide offer.
(8) Individuals at educational institutions
or educational service agencies who are customarily employed for the
educational institution or educational service agency during the period between
academic years or terms or during customary vacation periods or holiday
recesses within terms are not subject to the provisions of
39-51-2108, MCA.
AUTH:
39-51-301,
39-51-302, MCA; IMP:
39-51-2108,
MCA
