Approved Exceptions to Searches for Student & Temporary Positions

The position/duties will not last longer than one bi-week (two consecutive weeks).

You are continuing to employ a work-study student on temporary funds to perform the same duties for the same department

The incumbent worked for you the previous semester where the hire resulted from a documented search and returns to the same position. This only applies if they will be performing the same duties.

The person you wish to hire has previously held that position (same duties) in a board appointed or temporary classified capacity where a search was originally conducted for their hire. This exception is meant to assist departments during times of transition or emergency.

Undergraduate Research Assistant (URA) positions are student employment positions whose major purpose is to provide a research-related educational work experience to the student. Given the unique nature of the undergraduate research assistant position, the department administrator may authorize the appointment of an individual into a URA when the following parameters are met.

• The individuals accepting the opportunity must be full-time students (High School 16 years or older or Undergraduate)
• The major purpose of the position is to provide educational experience in a research-related environment
• The work experience is no more than 20 hours per week during the academic year
• The work experience may be up to full-time for summer and during school breaks

Undergraduate Teaching Assistant positions are student employment positions whose major purpose is to provide an educational work experience to the student by allowing the student to assist with classroom activities. Given the unique nature of the undergraduate teaching assistant position, the department administrator may authorize the appointment of an individual into an Undergraduate Teaching Assistant position when the following parameters are met.

• The individuals accepting the opportunity must be full-time students (High School 16 years or older or Undergraduate)
• The major purpose of the position is to provide educational experience in a classroom environment
• The work experience is no more than 20 hours per week during the academic year
• The work experience may be up to full-time for summer and during school breaks

Departments with established levels of temporary positions, such as Library Assistant I, II and III, may post Level II and III opportunities in their own location (rather than on ATS if acceptable by their AA Coordinator) and notify/provide opportunity to apply for all current employees for which the opening represents a promotional opportunity. The position must be directly related to others in a series.

You may not be required to recruit for ‘seasonal positions’ – see the following:

• Harvest positions, agricultural positions, landscaping positions or any other position that is hired for in regular intervals around a season.
• Positions that come around at a set period of time such as during the Jazz Festival or during rush at the Bookstore. In these cases the duration of the hire would be shorter, usually only to accommodate the event or busy time.

The following conditions must be met in order to consider this exception:

1. The prospective employee must have been hired from a documented search or from an approved exception.
2. The department must not have had another search for the same position between the time they hired last to the time they would like to re-employ the person.
3. The prospective employee must be expected to perform the same duties as they were originally hired for.
4. In a multiple hire situation, if the department wishes to bring back only some of the people they hired but not others for the next season's work, they need to have documented reasons why they will bring back some and not others, i.e, availability, performance issues, etc.

...if the following conditions are met.

• The job duties are the same for the temporary position as for the board appointed position. For example: A custodian could be hired from a Team Cleaning Specialist search.
• The applicant(s) under consideration must have received an interview for the board appointed search and received good ratings from the search committee.
• If the individual(s) do not accept the temporary positions, the department must conduct a search for the temporary positions.
• If the individual(s) accept the offer of a temporary position, they must be informed that they are not guaranteed a board appointed position if it becomes available in the future. In addition, it is recommended that an appropriate offer letter be given to the new hire.
• The time limit for hiring a candidate temporary from a board appointed search is 6 months from the date the board appointed search yielded a hire or was closed.

Temporary Individual Instructor/Mentor/Studio Instructor positions exist to provide a mentorship/directed study experience for students. These positions are temporary and intermittent. Given the unique circumstances when a position of this nature arises, the department administrator may authorize the appointment of an individual into an individual instructor/mentor position when the following parameters are met.

• This exception cannot be used to instruct or mentor individuals under the age of 18.
• The mentorship or directed study activity is no more five (5) hours per week for the employee.
• The mentorship or directed study appointment is no more than one (1) semester in duration.
• To use this exception the department must ensure that the employee possesses both the education/experience in the area of emphasis or specialization to further a student’s academic experience AND the ability to do so in a responsible, appropriate, and effective manner.
• The instruction is provided in a UI classroom/lab/studio environment.
• The hiring department and the employee understand that this appointment is categorized as temporary and Faculty Staff Handbook 3090 A and A-4 apply.

The University of Idaho has responsibilities to the US Department of State Program as an Exchange Visitor Program sponsor. As Exchange Visitor Program sponsors, which are legal entities that have applied for and received designation from the Department of State to conduct an exchange program, have been enrolled in SEVIS, and which either directly offer the “program” in which the exchange visitor will participate, or which place the exchange visitor in an appropriate program.

Characteristics of J-1 scholars/students:

• Because most J-1 scholars or students are only on our campus for 1-3 years (with a possible extension beyond dates of 5 years), the positions they hold are not tenure track.
• Faculty and staff bringing visiting scholars or students to campus for joint research projects know most of the professionals in their specific fields, and often have built professional relationships with many of these individuals. As such, the University expects these individuals to identify and hire the very most qualified short term researchers in J-1 status.
• The department needs to determine a scholar’s proficiency in English, to make sure that he or she will be an asset.
• J-1 scholars are a visiting temporary worker
• There is not a requirement from DOL to conduct a search.
• Most are here by invitation based on match of skills and have no intent of immigrating.
• Many have a requirement to go back to their home country and share their knowledge.
• Must have an advanced degree.
• Very specialized work, may be unpaid by UI, could be fullbright scholars.
• Background check done by Dept of Homeland Security.
• Similar to visiting faculty or artist in residence positions.
• The US Department of State audits institutions to ensure that only qualified scholars are invited to campuses.

A note of clarification and required criteria:

RA and TA positions are assistantship positions. A student can be an RA or TA only if all of the following criteria are met:

• The student is a graduate student.
• The student is currently enrolled.
• The student is currently accepted into a program (major).

Why the clarification?

Unless a student is an enrolled graduate student accepted in a program over the summer, for example, they would NOT be eligible to be a RA/TA as they are not eligible for an assistantship for that period of time, EVEN IF they had been a RA/TA the previous semester, etc.

Where the exception comes in and how to do it correctly:

In the cases where a department would like to have their RA or TA continue to work with their research project performing the same work they did during their assistantship, but the student does not meet the criteria above of being on an assistantship, an exception to conducting a search may be made. In these cases, since the work has been performed by the student and their knowledge of the research or class is most likely more specific and involved than that of other potential applicants, a search does not need to be conducted for that limited period (such as summer). The student would instead be employed on an hourly basis to perform the work. Accurate timesheets must be kept and payment must be in the form of an hourly wage rather than by stipend or lump sum payment.

Circumstances where this exception does not work:

• If the student did not meet the criteria for an assistantship above to have been an RA or TA the semester immediately preceding the term for which the department wants them to be employed, then this exception will not be valid.
• When the RA or TA graduates and is therefore no longer a student meeting the assistantship criteria, the department will no longer be able to continue the assistantship. If the department wishes to employ the former RA or TA, they will need to conduct a search or their AAC will have to request a special exception to search from the Human Rights Compliance Officer.