I. REFERENCES

Fair Labor Standards Act of 1938

Age Discrimination

Equal Pay Act of 1963

Age Discrimination in Employment Act

Title VII of the Civil Rights Act of 1964

Executive Order 11246 (Affirmative Action)

Rehabilitation Act of 1973, as amended

Vietnam Era Veteran's Readjustment Assistance Act of 1974

Americans With Disabilities Act 1990 – ADAAA 2009

Title IX of the Educational Amendments of 1972

Utah Antidiscrimination Act

Utah Veterans Preference for Career Service Act

Genetic Information Nondiscrimination Act (GINA)

WSU Policy 1-5b, Selection of Vice Presidents

WSU Policy 1-17, Selection and Evaluation of Academic Deans

WSU Policy 3-1, Equal Opportunity and Nondiscrimination Employment

WSU Policy 3-2, Employee Definitions

WSU Policy 3-2a, Fair Labor Standards Act (FLSA)

WSU Policy 3-5a, Employment of Persons with Criminal Records

WSU Policy 3-6, Employment of Relatives

WSU Policy 3-8, Probationary Period

WSU Policy 3-10b, Layoff (Staff Employees)

WSU Policy 3-32, Discrimination and Harassment

WSU Policy 3-14, Hourly Employment (Nonteaching Personnel)

WSU Policy Manual Policy 8-6, Faculty Appointments

II. POLICY

Weber State University is an equal opportunity employer. It is the policy of the University to make recruitment, employment and other employment-related decisions without regard to those classifications defined as “protected” in PPM 3-32.  The affirmative action commitment of the University also requires an effort to identify and correct under-utilization of protected groups including women, minorities, veterans, and persons with disabilities.

III. DEFINITIONS

Internal Candidate: Employees of WSU including salaried, hourly employees and adjunct faculty, and employees who have been laid off in the past twelve (12) months.

Vacancy: A salaried position within the University that offers compensation and is open by virtue of the termination of an incumbent, the creation of a new position, or the enhancement of a current position.

Hiring Authority: The individual(s) who are authorized by the supervising vice-president or Provost to advertise, select, and employ a salaried employee.

Lateral Transfer: A transfer where an individual is transferring to a new position at the same grade and salary.

IV. HIRING PROCESS AND PROCEDURES

A.    Weber State University shall recruit applicants from as many sources as possible and employ the best qualified person for each position in accordance with University policy and applicable state and federal statutes.  The university shall provide either 5% or 10% preferences as required by the Utah Veterans Preference for Career Services Act.  The university reserves the right to give affirmative consideration (not to exceed 5% of total weight) to candidates who contribute to correcting underutilization of protected classes or enhancing diversity, as allowed by law.

B.  Requests to fill all salaried vacancies or a request for an exception (see Section VI. of this policy) to some or all of the provisions of this policy shall be submitted to the Human Resource Department (HR).  The HR Department will assist in training hiring authorities and committees to implement the appropriate recruiting procedures after receiving approval from appropriate administrators.

C.  For vice-president or dean positions, the process outlined in PPM 1-5b or 1-17 respectively shall be followed subject to the other provisions of this policy.

D.    For all other positions, the following requirements or recommendations apply:

1.      The department chair or supervisor responsible for the hiring (“supervisor”) shall initiate the hiring process by obtaining authorization from the hiring authority and then the appropriate vice-president to establish or fill a position on the department staff.

2.   Following approval for the position, the supervisor is encouraged to appoint a screening committee of at least three people and diversity among the members of the committee is encouraged.  The screening committee may also contain persons from outside the department.  The screening committee will determine the qualifications for the position, update the job description as necessary, review applications, interview candidates, and make recommendations to the hiring authority.  Before steps are taken to communicate with qualified candidates, the supervisor shall discuss the wishes of the department with the hiring authority and obtain general agreement as to the qualifications and responsibilities of the position to be filled. 

3.   Application - All job applicants shall submit a completed electronic application form and other required documents as specified by the Human Resource Department prior to any consideration for employment.  Candidates must also comply with the requirements for criminal background screening.  Applicants applying directly to a department shall be referred to HR to complete the necessary electronic application forms.

4.   Initial Screening - Only applicants meeting minimum position qualifications for the position will be considered.  In cases where equivalent experience, skill or education must be assessed, HR may defer to the hiring department to determine equivalency.

5.   Tests - All qualifying tests for positions shall be administered or approved by the HR Department.  Examples will include, but are not limited to cognitive tests, sample job task tests, language, or proficiency tests.

6.   Reference Checks - Reference checks are permissible and advisable so long as questions are directly related to legitimate hiring criteria. The refusal of a candidate to permit such checks may be considered as a factor in the hiring decision.

7.   As part of the screening process, candidates may be invited to come to the campus for personal interviews or to participate in other campus activities in order that they may become better known and evaluated and to assure that they become acquainted with the institution and the locality of their prospective work and domicile.

8.   The screening and evaluation process must apply neutral, job-related criteria consistently to all applicants through the use of the HR approved applicant rating system.  A selection shall not be made prior to the completion of the posting period.  When the investigation of candidates has been completed, the supervisor shall forward the recommendation of the department with all supporting documentation to the hiring authority and to HR.  

9.   No offers, verbal or written, shall be made to a candidate without the approval of the hiring authority, the appropriate vice-president, and the Director of AA/EO.  In exigent circumstances, permission of HR may be requested to make a contingent offer to a candidate subject to review and approval by the Director of AA/EO and the vice-president.

10. The hiring authority shall submit the department's recommendation with all supporting documentation to the president, through the appropriate vice-president.  The vice-president will indicate to the hiring authority the approval or disapproval of the recommendation.  (Faculty members at Weber State University are appointed by the president with notification of their hire to the Board of Trustees. A selection shall not be made prior to the completion of the posting period).

Temporary full-time faculty appointments to positions not leading to tenure shall be made in the same manner as regular faculty appointments.

12.  Offers of Employment - Offers for all vacancies are made under the direction of the hiring authority.  Offers of employment shall not be made until all necessary approvals have been obtained.

13. Reasonable steps shall be taken to make on-campus applicants aware of job vacancies and encourage their application for career development opportunities. The following guidelines apply to on-campus applicants:

a.   Only those candidates who have made formal application through the HR Department within the posting period shall be accepted as applicants.

b.   The University reserves the right to give favorable consideration (not in excess of 5% of total weight) to employees of Weber State University when they are qualified and apply in accordance with PPM 3-5.

c.   In the event of transfer from one department to another, immediate supervisors in both departments shall mutually agree to the date of transfer.

d.   After satisfactory completion of the probationary period in their current positions, employees are eligible to apply for vacancies.

e.   The hiring department shall assume the responsibility for accrued vacation, compensatory time, and sick leave benefits of transferring employees.

V.  ADVERTISEMENT AREA, DURATION AND METHOD OF ADVERTISEMENT

A. At a minimum, all vacancies will remain open for a specific time period, be posted on the WSU website, and be advertised within a specified recruiting area as described below.  A position may be held open past the time period by the hiring authority or the Director of AA/EO until a suitably diverse and qualified pool of applicants is obtained.

VI. EXCEPTIONS

The AVP for HR or his/her designee, in agreement with the Director of AA/EO may waive some or all of the provisions of this policy. In order to insure that hiring normally follows regular recruitment and selection procedures, no department may create a pattern of exceptions. Exceptions may be granted for any of the following reasons:

A. A truly exceptional candidate widely recognized for outstanding achievement in a needed area of expertise is requested by the supervising vice president.

B. A highly qualified candidate from an under-represented protected class is requested by the supervising vice president for purposes of meeting Affirmative Action and programmatic needs.

C. The hiring of a spouse or significant other of an individual is requested by the supervising vice-president in order to meet important institutional needs.

D. The President approves a direct appointment after consultation with the AVP of HR and the Director of AA/EO to meet an important institutional need for which the individual is highly qualified.

E.   The vacancy is temporary because it ends within 1 year. The AVP of HR and Director of AA/EO may allow a vacancy to be filled temporarily provided an open search is conducted within that time.

 F. Reorganization generated by budget considerations or strategic necessity that creates a vacancy which, if filled by anyone other than a particular current salaried employee, will necessitate terminating that salaried employee.

G. An approved job evaluation of existing job duties generates a recommendation for a title and/or salary change

H. A lateral transfer of an employee.

I.    Internal promotions pursuant to a Career Ladder that was pre-approved by the Director of AA/EO and the AVP of HR, provided they are consistent with the university’s Affirmative Action Plan.

J.    Transfer or re-employment of an employee in accordance with PPM 3-34, American’s with Disabilities Act and Section 504 Request for Accommodation and PPM 3-29a, Family and Medical Leave.

K. Hiring members of an athletic coaching staff by the head coach of that sport provided recruitment efforts are consistent with the university’s Affirmative Action Plan.