102.8 - Waiver of Recruitment for EHRA Faculty and EHRA Non-Faculty Positions

University Group Policy #102.8

Policy Statement

Winston-Salem State University (WSSU) values a diverse workforce. It is the policy of the University and the State of North Carolina to provide equal opportunity in education and employment to all qualified persons, and to prohibit discrimination based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, veteran status, disability, genetic information or political affiliation, except where religion, sex or age are bona fide job-related employment requirements. In accordance with state and federal law WSSU is committed to providing equal opportunity in employment through non-discriminatory open recruitment and hiring practices and affirmative action programs.

Guidelines

In order to ensure equal employment opportunity, the university is committed to the open recruitment of all vacant positions that afford continuing employment and benefits. However, under certain circumstances, with prior approval by the Chancellor of Winston-Salem State University, a waiver of recruitment may be allowed when one of the following conditions applies:

A. Waiver of Recruitment (Interim Appointment)

In the case of unforeseen emergency personnel appointments (i.e., where academic departments and administrative units need to make an appointment to meet an unforeseen personnel emergency, e.g., death, medical incapacitation or immediate resignation of a current employee).

B. Waiver Request (Permanent Appointment)

  1. Conducting a full recruitment effort would have a seriously negative impact on the operational effectiveness of a department/unit or would violate a formal contractual obligation of the University.
  2. The requirements for certain positions are sufficiently specialized that they can be filled only by a limited number of scholars, all of whom are known to the professional community.
  3. An opportunity arises to recruit a scholar of great eminence.
  4. It may be necessary to offer an appointment to spouses of successfully recruited candidates, where the spouse possesses appropriate qualifications making him or her qualified for an available position, and where the timing of negotiations of the successfully recruited candidate requires the immediate ability to respond to the candidacy of the spouse for the position in question.
  5. A waiver to address underrepresentation may be granted to a department /unit based upon its capacity to recruit qualified minorities, women, individuals with disabilities and veterans in the department/unit workforce profile.
  6. Appointment of an employee in an Interim Position or other temporary role to a permanent position without a search.
  7. Non-tenure track Research Faculty bringing grant-funded salary support: In cases where the individual hired serves as the principal or co-principal investigator of an approved research grant(s) that specifically designates salary support through extramural funding, an appointment can be made without the standard search process. In such cases, the professionally-salaried position is deemed temporary and therefore not a ‘faculty line’ position open for recruitment. Written justification must include an explanation of funding sources.
  8. The Chancellor, with prior approval by the Winston-Salem State University Board of Trustees, may waive recruitment for any position defined in UNC Policy 300.1.1 Section I.A as Tier I Senior Academic and Administrative Officers. The Chancellor may authorize a waiver for any position defined in UNC Policy 300.1.1 Section I.B Tier II Senior Academic and Administrative Officer, or any position defined in Policy 300.2.1 Instructional, Research, or Public Service as deemed to be in the institution’s best interest with compelling justification.

Procedures

All waivers of recruitment require written documentation that outlines the special circumstance (above) that applies, and details the qualifications of the individual recommended for appointment and includes a current resume or curriculum vitae. The Office of Equal Employment Opportunity will notify the appropriate Vice Chancellor whenever requests to make more than one appointment utilizing this policy are received from an academic or administrative unit. The request for waiver requires the written concurrence of the Affirmative Action Officer and will be reported to the Board of Trustees annually.

Recruitment Waiver (Interim Appointment)
  1. Such appointments may be made only where the individual proposed as an emergency appointee otherwise meets all the requirements for the position in an academic or administrative unit.
  2. An individual appointed via this waiver process will be considered an ‘interim appointee’ for the position, and this designation will be noted in the employment contract.
  3. The appointments should be for a fixed-term of no more than one year, except in the case of an interim senior administrative appointment where the appointment will be at-the-will of the Chancellor.
  4. The academic department or administrative unit must initiate all requests for waivers for interim appointments. The request for waiver of the advertising and search requirements and the recommendation to appoint must be forwarded to the EEO/AA Officer. A full explanation of the reasons for requesting the waiver and recommending the appointment should be included along with the waiver request form (attached).
  5. The request and recommendation must contain sufficient information to demonstrate that the appointment of the candidate is not inconsistent with the University’s equal employment opportunity commitment.
  6. Prior to submission to the EEO/AA Officer, the recommendation must have the approval Director or Dean of the respective college, school, institute or administrative unit, as appropriate prior to review by the Vice Chancellor, Provost, and Chancellor.
  7. All policies regarding background checks will be enforced. The appointee must complete or have valid work eligibility documents on file with the University prior to beginning work.
  8. All waivers must be approved by the EEO/AA Officer prior to an offer of appointment.
Recruitment Waiver (Permanent Appointment)
  1. Permission to hire permanent employees under this section is granted solely at the discretion of the EEO/AA Officer and the Chancellor. No written or verbal offer of employment may be made until final approval is received from the EEO/AA Office.
  2. The request for waiver of the advertising and search requirements and the recommendation to appoint must be forwarded to the EEO/AA Officer. A full explanation of the reasons for requesting the waiver and recommending the appointment should be included along with the waiver request form (attached).
  3. In the case of faculty appointments (tenured/tenure track), the vote of the unit’s faculty who normally vote on faculty appointments should be noted in the letter forwarded to the Office for Equal Opportunity and Diversity.
  4. All policies regarding background checks will be enforced. The appointee must complete or have valid work eligibility documents on file with the University prior to beginning work.
  5. All waivers must be approved by the EEO/AA Officer prior to an offer of appointment.

Roles and Responsibilities

The best interests of the university will be determined by the Office of Equal Opportunity and Affirmative Action and the hiring authority, in consultation with the Office of the Chancellor. In appropriate circumstances, the aforementioned administrators may delegate approval to a member of their staff.

Applicability

This policy applies to all EHRA positions.


Responsible Division: VC & Chief of Staff | Provost & VC for Academic Affairs

Authority: Board of Trustees

History:

  • Adopted: March 17, 2017