Number 385
Subject: Appointments of Opportunity
Covered Employees: University Employees
Date of Origin: January 24, 1997
Effective Date of Last Revision: July 1, 1999

385.1 POLICY

At times it may be appropriate to waive normal search requirements as outlined in the Faculty and Professional Staff Employment Policy (394), and the Classified Staff Employment Policy (387), in connection with an appointment. Exceptions to open recruitment and regular hiring procedures may be granted under the following conditions:

1.1 Exceptional Merit

Faculty and staff may be appointed who are nationally recognized for outstanding achievement in their areas of expertise. These are individuals whose qualifications are unique and exceptional and whose potential value to the University is great.

1.2 Affirmative Action

Highly qualified women or ethnic/racial minorities may be appointed in units or departments where there is substantial underrepresentation, thereby enhancing efforts toward the University's affirmative action goals.

1.3 Spouse Accommodation

Spouses of prospective faculty/staff or current faculty/staff who have served in their appointments for two years or less may be appointed in cases where successful recruitment/retention of the candidate/employee ultimately depends upon a suitable appointment for his or her spouse.

1.4 Temporary Hires

Personnel may be appointed for a temporary period, not to exceed two years, which will be specified in their appointment documents.

1.5 Employment at Will Hires

Staff serving at the pleasure of the President (i.e., athletic coaches, assistant coaches, etc.) may be appointed at will (see policy 390).

To assure that the University's hiring pattern normally follows national recruitment trends and opens positions to all qualified applicants, departments are required to demonstrate through documentation, any use of this waiver. Use of this waiver except in the case of employment-at-will hires, requires review and approval by the President/Provost.

385.2 PROCEDURES

Procedures for requesting a waiver of open recruitment (i.e., an appointment of opportunity) are as follows (except for temporary hires-see 385.2.8):

2.1 The sponsoring department(s) and college(s)/division(s) will evaluate the possible position and appointment following normal planning procedures. There must be a programmatic need and funds available for the position.

2.2 The sponsoring department(s) and college(s)/division(s) will meet with the Provost to:

(1) Discuss the nature, need, costs, and timing of the position and appointment;

(2) receive a recommendation regarding the merits of pursuing the idea; and

(3) review requirements for approval.

A formal written proposal is not needed for this initial discussion.

In the case of spouse accommodation, the Personnel Services Office is available to assist in identifying appropriate potential positions.

2.3 Based on the results of the discussion with the Provost and the Personnel Services Office, a written request may be submitted for the waiver of open recruitment. The request must be attached to a Position Request Form and include a job description, explanation and justification for the waiver, and a departmental statement agreeing to make the appointment.

2.4 After receiving approval from the department head or director and dean or vice president, these materials should be forwarded to the Personnel Services Office. Pursuant to a review of the appropriate title and salary, the materials will be sent to the Affirmative Action/Equal Opportunity (AA/EO) Office for review. The AA/EO Director will then make a recommendation to the Provost who has the final decision on granting the waiver.

2.5 Once the waiver is granted, the department requesting the appointment must initiate an evaluation process, including a review of a resume and references, and conduct an interview with the potential appointee. The candidate's qualifications will be evaluated against qualifications of recent hires, in assessing their potential contributions. The candidate must demonstrate during the review process that he or she is a good fit with departmental needs. In faculty hires, a faculty committee will review the candidate's qualifications before final hiring approval is requested.

2.6 It is only after this thorough evaluation that the department requesting the appointment may then submit the final paperwork (Employment Action Form) for approval by the Personnel Services Office, AA/EO Office, and the Provost.

2.7 Personnel hired under this policy will be subject to all appropriate University retention policies and will have the same rights as competitively-hired employees.

2.8 Temporary non-faculty hires are considered on a case-by-case basis for positions not to exceed two years. These situations are determined by Personnel Services and the department without requiring the Provost's approval.

385.3 RESPONSIBILITIES

3.1 Department Heads and Supervisors

Responsible for identifying situations that may qualify under this policy, obtaining necessary approvals, initiating hiring documentation and following the process to completion.

3.2 Deans and Vice Presidents

Responsible for approving/disapproving appointments of opportunity as proposed by the sponsoring department.

3.3 Provost

Responsible for reviewing with sponsoring departments appointment of opportunity proposals and for advising sponsoring departments on a course of action. The Provost makes the final decision on waivers based on recommendations from the AA/EO Director.

3.4 Affirmative Action/Equal Opportunity Office

Responsible for reviewing requested appointments of opportunity and making final recommendations to the Provost.

3.5 Personnel Services Office

Responsible for providing assistance to sponsoring departments in locating available positions in cases of spouse accommodation.