The Scholarly Capacity Rule became in effect on November 19, 2007, in recognition of the unique nature of the academic setting and the difficulty inherent in defining official duties for faculty and researchers at NJ State Colleges and Universities.

This Rule was created to provide more flexibility for faculty and/or employees at state academic institutions.

"Scholarly Capacity" means any pedagogical, academic, artistic,
educational or scholarly activity performed by an employee for the institution of higher education that employs or has appointed
such employee. (e.g. Faculty Member)

Not all outside activities of faculty constitute scholarly capacity (e.g. A training session unrelated to your scholarly capacity).

When acting in a scholarly capacity to further the mission of the University, you may accept an honorarium, distinguished award/accolade in your specialty or other thing of value if it reflects payment for:

• Sharing your intellectual property “orally or in writing”
• Acting in an editorial capacity for a publication
• Reviewing or advising on grants or contract proposals
• Participating in accreditation or other peer review

Please use the Attendance at Events Decision Tree as a guide to help you determine what benefits you can receive while acting under a scholarly capacity along with any form requirements.

We have also developed a Published Works Decision Tree as a guide to determine if you can receive compensation for your published works.