I. REFERENCES

Fair Labor Standards Act of 1938

Child Labor, Age Discrimination, Equal Pay Act 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 1972 the Educational Amendments of 1972

Utah Antidiscrimination Act

Utah Veterans Preference for Career Service Act

Genetic Information Nondiscrimination Act (GINA)

Other Applicable State and Federal Statutes

WSU Policy 3-1, Equal Opportunity and Nondiscrimination Employment

WSU Policy 3-2, Employee Definitions

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

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

WSU Policy 3-6, Employment of Relatives

WSU Policy 3-7a, AIDS Policy

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 3-29a FMLA

WSU Policy Manual Section 8-6 VIII, 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. age (40 or over), disability race, religion, color, sex, sexual orientation, national origin, GINA veteran or other protected status.   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 without regard to those defined as “suspect” in PPM 3-32.  match (GINA? – Should w/3-32?)

III. DEFINITIONS

Internal Candidate: For the purpose of this policy current (or former?) Eemployees of WSU including salaried, hourly employees and adjunct faculty, employees and employees who have been laid off in the past twelve (12) months. for purposes of internal preference and layoffs.

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. REQUEST TO FILL A VACANCY 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 also 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 faculty positions, the following process shall be used:

1.      The department chair shall initiate the hiring process by obtaining authorization from the provost and the dean to establish or fill a position on the department staff.

2.   The department shall determine qualifications for the vacant position. Before steps are taken to communicate with qualified candidates, the department chair shall negotiate the wishes of the department with the dean to obtain an agreement as to the qualifications and general responsibilities of the academic position to be filled.

3.   When positions are approved and qualifications are determined, a screening committee of at least three members will be elected by department faculty.  The screening committee may also contain persons from outside the department.

4.   Candidates may be invited to come to the campus at college expense for personal interviews, to give lectures and/or to participate in other campus activities in order that the candidates 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.

5.   When the investigation of candidates has been completed, the department chair shall forward the recommendation of the department with all supporting information to the dean. No offers, verbal or written, shall be made to a candidate without the approval of the dean, the provost, and the EEO officer.

6.   The appropriate dean shall submit the department's recommendation with all supporting documentation to the president, through the provost. The provost will indicate to the dean the approval or disapproval of the recommendations.  Faculty shall be appointed according to a process allowing for adherence to equal employment opportunity standards and allowing for a close examination and systematic inquiry into their qualifications.  Faculty members at Weber State University are appointed by the president and ratified by the Board of Trustees.

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

8.      Emergency appointments without tenure, though not necessarily precluding the attainment of tenure in the normal manner, may be recommended by the president to the Board of Trustees, after consultation with the appropriate department chair and dean with the provost, without following the procedures outlined above.

9.      Offers of Employment - Offers for faculty vacancies are made under the direction of the Provost.  Offers of employment shall not be made until all necessary approvals have been obtained.

10.  Under certain conditions, the procedures outlined in parts IV.D.3 and 4 above, and the requirements for recruitment and positing listed in this policy, may be waived.  Such conditions are met only when the individuals hired possess the required qualifications and their potential value to the college and the department is so great as to justify such a waiver.  Examples include but are not limited to the following:

a).  Truly exceptional candidates who are nationally recognized for outstanding achievement in their area of expertise.

b).  Highly qualified candidates from gender groups or ethnic minority groups whose members are substantially under-represented in the department, provided the appointment meets a programmatic need.

In such cases, a department chair may seek permission to implement the above by following part IV.B of this policy, exclusive of parts 3 and 4.  Permission to implement may be granted and/or ratified by the Board of Trustees upon recommendation of the president, following consultation with the appropriate department chair and dean and the provost.  In order to assure that the hiring of tenure-track faculty normally follows national recruitment efforts and is open to all qualified applicants, no department may rely on these exceptions for two successive hires.

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

1.      The department chair (or immediate supervisor) 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 and the hiring authority to establish or fill a position on the department staff.

2.   Following approval for the position, the department chair 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, review applications, update the job description as necessary, interview candidates, and make recommendations to the hiring authority.  The department chair in conjunction with the members of the department, shall determine the qualifications for the vacant position. Before steps are taken to communicate with qualified candidates, the department chair supervisor shall discuss the wishes of the department with the dean or hiring authority and obtain an general agreement as to the qualifications and general responsibilities of the position to be filled. 

3.   When positions are approved and qualifications are determined, a screening committee of at least three members will be appointed by the department chair.  The screening committee may also contain persons from outside the department.

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.  respond to the questions regarding relevant criminal convictions before any final offer of employment is extended.   Applicants applying directly to a department shall be referred to the HR Department 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, the Human Resources Department 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 at the university’s expense for personal interviews or to participate in other campus activities in order that the candidates 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 department chair supervisor shall forward the recommendation of the department with all supporting documentation to the hiring authority and to HR Human Resources.  

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 EEO officer.  A selection shall not be made prior to the completion of the posting period.  In exigent circumstances, permission of HR may be requested to make a contingent offer to a candidate subject to review and approval by the EEO officer and the vice-president.

10. Dependent upon the position, the successful candidate may be required to undergo a background check including fingerprinting before the final offer can be accepted.

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.  All hires are subject to a process that allows for adherence to equal employment opportunity standards and for a close examination and systematic inquiry into their qualifications.  (Faculty members at Weber State University are appointed by the president and ratified by with notification of their hire to the Board of Trustees. A selection shall not be made prior to the completion of the posting period).

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

12.  Emergency appointments without tenure, though not necessarily precluding the attainment of tenure in the normal manner, may be recommended by the president to the Board of Trustees, after consultation with the appropriate department chair and dean with the provost, without following the procedures outlined above.

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

13.  Under certain conditions, the procedures outlined in parts IV.D.3 and 4 above, and the requirements for recruitment and positing listed in this policy, may be waived.  Such conditions are met only when the individuals hired possess the required qualifications and their potential value to the college and the department is so great as to justify such a waiver.  Examples include but are not limited to the following:

a).  Truly exceptional candidates who are nationally recognized for outstanding achievement in their area of expertise.

b).  Highly qualified candidates from gender groups or ethnic minority groups whose members are substantially under-represented in the department, provided the appointment meets a programmatic need.

In such cases, a department chair may seek permission to implement the above by following part IV.B of this policy, exclusive of parts 3 and 4.  Permission to implement may be granted and/or ratified by the Board of Trustees upon recommendation of the president, following consultation with the appropriate department chair and dean and the provost.  In order to assure that the hiring of tenure-track faculty normally follows national recruitment efforts and is open to all qualified applicants, no department may rely on these exceptions for two successive hires.

1.      Departments are encouraged to use a committee of a minimum of three persons to review applications, interview candidates, and make recommendations to the hiring authority.

6.   Selection - The hiring authority shall select the applicant best qualified to fill the existing vacancy and route the recommendation through the Human Resource Department for appropriate approvals before an offer is extended. 

7.   Offers of Employment - Offers of employment for professional and classified vacancies may be made by the Human Resource Department or by the hiring authority after verifying that necessary hiring approvals have been received by the Human Resource Department.  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.   No employment commitment shall be made or become binding until all necessary approvals, including HR, AA/EO and appropriate VP/Provost and have been obtained.

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

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

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

V.  METHOD OF RECRUITMENT AND DURATION OF ADVERTISEMENT AREA, DURATION AND METHOD OF ADVERTISEMENT

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

C. 3.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. 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:

2.4.1. 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.

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

4. 6.3. In the event of transfer from one department to another, immediate supervisors in both departments shall mutually agree to the date of transfer.

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

3. 7. 5. No employment commitment shall be made or become binding until all necessary approvals, including HR, AA/EO and appropriate VP/Provost and have been obtained.

6. 8. 6. The hiring department shall assume the responsibility for accrued vacation, compensatory time, and sick leave benefits of transferring employees..

 B. A position may be held open by the hiring authority until a suitably diverse and qualified pool of applicants is obtained.(Barry-Redundant??) Move to A on previous page.

D. 2. C. Weber State 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.

VI. APPLICATION FORM

A. All job applicants shall submit a completed electronic application form and other required documents /or resume as specified by the Human Resource Department prior to any consideration for employment. Candidates must also respond to the questions regarding relevant criminal convictions before any final offer of employment is extended.

B. Applicants applying directly to a department shall be referred to the HR Department to complete electronic application forms.

VII. 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, the HR Department may defer to the hiring department to determine equivalency.

VIII. 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 proficiency tests.

IX. 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.

X. SELECTION

A. The hiring authority shall select the applicant best qualified to fill the existing vacancy and route the recommendation through the Human Resource Department for appropriate approvals before an offer is extended.

B. Departments are encouraged to The use a committee of a minimum of three persons of committees to review applications, interview candidates, and make recommendations to the hiring authority is strongly encouraged. Committees for the faculty hires may be mandated pursuant to PPM 8-6.

C. A selection shall not be made prior to the completion of the posting period.

XI. OFFERS OF EMPLOYMENT

A. Offers of employment shall not be made until all necessary approvals have been obtained.

B. Offers of employment for professional and classified vacancies may be made by the Human Resource Department or by the hiring authority after verifying that necessary hiring approvals have been received by the Human Resource Department.  O ffers for faculty vacancies are made under the direction of the Provost. Offers for executive vacancies are extended by the President, Provost, or supervising Vice President.

XIVI. EXCEPTIONS

The AVP for Human Resources HR or his/her designee in agreement with the Director of AA/EO, may waive some or all of the provisions of this policy. An exception may be granted only when the candidate possesses all qualifications required by the vacancy. In order to insure that hiring normally follows regular recruitment and selection procedures, no department may create a pattern of frequent 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 identified above is requested by the supervising vice president in order to facilitate the hiring of the individual being sought in A or B, to meet other important institutional needs. The spouse must also be qualified for the position to which he/she is hired.

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

E. The vacancy is created by a minor modification to an existing job with  title change for a salaried incumbent, where the change that does not involve a base salary increase greater than 5%. 

E.F. The vacancy is temporary because it ends within 1 year. The AVP of Human Resources and Director of AA/EO may allow a vacancy to be filled temporarily for up to 1 year provideding an open search appropriate recruitment is to be conducted within that time for continuance of the position.

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

H. I. A lateral transfer of an employee.

IJ. Internal promotions pursuant to a Career Ladder that was pre-approved by the Director of Affirmative Action/Equal Opportunity and the AVP of Human Resources, provided they are consistence with the university’s Affirmative Action Plan.

J.K. 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. L. 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.

L. M. The recall of an employee who had been laid off, or placement of an employee with preference for re-employment or transfer (5% for 6 monthss after layoff??). per PPM 3-10b.  

 ??N. Special circumstances consistent with equal opportunity and affirmative action objectives including: when a candidate possesses unique skills, knowledge, and abilities and there is no other viable candidate available; when there are demonstrated recruitment difficulties; when there are health and safety reasons; and when there are time or funding constraints, or other demonstrated business necessity.