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91_HB0037 LRB9100098NTsb 1 AN ACT concerning higher education, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Universities Civil Service Act is 5 amended by changing Sections 36j, 36o, and 36p as follows: 6 (110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9) 7 Sec. 36j. Promotions. The Merit Board shall by rules 8 provide for promotions on the basis of ability and experience 9 and seniority in service and examination and to provide in 10 all cases where it is practicable that vacancies will be 11 filled by promotion. Promotions shall not be based on race, 12 color, religion, sex, national origin, ancestry, age, marital 13 status, physical or mental handicap, military status, 14 unfavorable discharge from military service, or sexual 15 orientation, except as otherwise provided by law. The Merit 16 Board shall by rule fix lines of promotion from such several 17 offices and places to superior offices or places in all cases 18 where, in the judgment of the Merit Board, the duties of such 19 several positions directly tend to fit the incumbent for a 20 superior position. 21 Employees promoted in the promotional line shall have 22 their seniority for the highest position held on the basis of 23 length of service in that classification. For the next lower 24 classification the employee may add his seniority in the 25 higher classification to that in the lower to determine 26 seniority in the lower classification. 27 Whenever a superior position in the promotional line in 28 the classified civil service under the University System is 29 to be filled, the Director shall certify to the employer, in 30 the order of their seniority, the names and addresses of the 31 three persons standing highest upon the promotional register -2- LRB9100098NTsb 1 for the class or grade to which said position belongs. The 2 employer shall appoint one of the three persons whose names 3 were certified by the Director. Sex shall be disregarded 4 except when the nature of the position requires otherwise. 5 Appointments to superior positions in the promotional line 6 shall be on probation for a period of no less than 6 months 7 and no longer than 12 months for each class of positions in 8 the classification plan, the length of the probationary 9 period having been determined by the Director. Persons so 10 appointed may be demoted at any time during the period of 11 probation, if, in the opinion of the employer, they have 12 failed to demonstrate the ability and the qualifications 13 necessary to furnish satisfactory service, but shall not be 14 discharged from the superior position if they have previously 15 completed a probationary period in an inferior position in 16 the promotional line. 17 Whenever a person is promoted to a superior position in 18 the promotional line prior to the completion of the 19 probationary period in any one of the positions in the 20 classified civil service under the University System, total 21 service in the inferior position and in all such superior 22 positions shall be combined to establish certified status and 23 seniority in the inferior position. 24 (Source: P.A. 82-524.) 25 (110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14) 26 Sec. 36o. Demotion and discharge. After the completion of 27 his probationary period, no employee shall be demoted, 28 removed or discharged except for just cause, upon written 29 charges, and after an opportunity to be heard in his own 30 defense if he makes a written request for a hearing to the 31 Merit Board within 15 days after the serving of the written 32 charges upon him. Demotions, removals, and discharges shall 33 not be based on race, color, religion, sex, national origin, -3- LRB9100098NTsb 1 ancestry, age, marital status, physical or mental handicap, 2 military status, unfavorable discharge from military service, 3 or sexual orientation, except as otherwise provided by law. 4 Upon the filing of the
such arequest for a hearing, the 5 Merit Board shall grant such hearing to be held within 45 6 days from the date of the service of the demotion, removal or 7 discharge notice by a hearing board appointed by the Merit 8 Board. The members of the hearing board shall be selected 9 from among the members of a panel established by the Merit 10 Board after consultation with the Advisory Committee provided 11 in Section 36c. The hearing board shall make and render 12 findings of facts on the charges and transmit to the Merit 13 Board a transcript of the evidence along with its findings of 14 fact. The findings of the hearing board when approved by the 15 Merit Board shall be certified to the employer. If cause for 16 demotion, removal or discharge is found, the employee shall 17 be immediately separated from the service. If cause is not 18 found, the employee shall forthwith be reassigned to perform 19 the duties of a position in his classification without loss 20 of compensation. In the course of the hearing, the Director 21 of the Merit Board shall have power to administer oaths and 22 to secure by subpoena the attendance and testimony of 23 witnesses and the production of books and papers relevant to 24 the inquiry. 25 The provisions of the Administrative Review Law and all 26 amendments and modification thereof, and the rules adopted 27 pursuant thereto, shall apply to and govern all proceedings 28 for the judicial review of final administrative decisions of 29 the Merit Board hereby created. The term "administrative 30 decision" is defined as in Section 3-101 of the Code of Civil 31 Procedure. 32 (Source: P.A. 82-783.) 33 (110 ILCS 70/36p) (from Ch. 24 1/2, par. 38b15) -4- LRB9100098NTsb 1 Sec. 36p. Nondiscrimination. 2 In the administration of the University System, no 3 applicant shall be denied employment by the Merit Board or by 4 any employer because of race, color, sex, national origin, 5 religious or political affiliations, ancestry, age, marital 6 status, physical or mental handicap, military status, 7 unfavorable discharge from military service, or sexual 8 orientation, except as otherwise provided by law. However, 9 except thatany applicant for employment may be required as a 10 condition of employment, to sign a valid oath attesting his 11 or her loyalty to the State and the United States. 12 (Source: P.A. 78-842.) 13 Section 10. The Board of Higher Education Act is amended 14 by adding Section 9.16a as follows: 15 (110 ILCS 205/9.16a) 16 Sec. 9.16a. Prohibit discrimination. To prohibit public 17 institutions of higher education from discriminating against 18 an applicant for admission or a student because of race, 19 color, religion, sex, national origin, ancestry, age, marital 20 status, physical or mental handicap, military status, 21 unfavorable discharge from military service, or sexual 22 orientation, except as otherwise provided by law. This 23 prohibition extends to student housing. 24 Section 15. The Public Community College Act is amended 25 by changing Sections 3-26 and 3-42 as follows: 26 (110 ILCS 805/3-26) (from Ch. 122, par. 103-26) 27 Sec. 3-26. (a) To make appointments and fix the salaries 28 of a chief administrative officer, who shall be the executive 29 officer of the board, other administrative personnel and all 30 teachers. In making these appointments and fixing the -5- LRB9100098NTsb 1 salaries, the board may make no discrimination on account of 2 sex, race, creed, color, ornational origin, religion, 3 ancestry, age, marital status, physical or mental handicap, 4 military status, unfavorable discharge from military service, 5 or sexual orientation, except as otherwise provided by law. 6 (b) Upon the written request of an employee, to withhold 7 from the compensation of that employee the membership dues of 8 such employee payable to any specified labor organization as 9 defined in the Illinois Educational Labor Relations Act. 10 Under such arrangement, an amount shall be withheld for each 11 regular payroll period which is equal to the prorata share 12 of the annual membership dues plus any payments or 13 contributions and the board shall pay such withholding to the 14 specified labor organization within 10 working days from the 15 time of the withholding. 16 (Source: P.A. 83-1014.) 17 (110 ILCS 805/3-42) (from Ch. 122, par. 103-42) 18 Sec. 3-42. To employ such personnel as may be needed, to 19 establish policies governing their employment and dismissal, 20 and to fix the amount of their compensation. In the 21 employment, establishment of policies and fixing of 22 compensation the board may make no discrimination on account 23 of sex, race, creed, color, ornational origin, religion, 24 ancestry, age, marital status, physical or mental handicap, 25 military status, unfavorable discharge from military service, 26 or sexual orientation, except as otherwise provided by law. 27 Residence within any community college district or 28 outside any community college district shall not be 29 considered: 30 (a) in determining whether to retain or not retain any 31 employee of a community college employed prior to July 1, 32 1977 or prior to the adoption by the community college board 33 of a resolution making residency within the community college -6- LRB9100098NTsb 1 district of some or all employees a condition of employment, 2 whichever is later; 3 (b) in assigning, promoting or transferring any employee 4 of a community college to an office or position employed 5 prior to July 1, 1977 or prior to the adoption by the 6 community college board of a resolution making residency 7 within the community college district of some or all 8 employees a condition of employment, whichever is later; or 9 (c) in determining the salary or other compensation of 10 any employee of a community college. 11 (Source: P.A. 80-248.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.
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