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Policy Information

Policy Title	Recruitment Exceptions Policy
Responsible Office	Human Resources & Diversity, Equity and Inclusion
Policy Type	Personnel and Payroll
Policy Number	603
Last Revision Date	11/3/2023

Recruitment Exceptions Policy

Summary

91���� will conduct a competitive recruitment for all positions, unless there is a compelling justification to make an exception.

Policy Statement

91���� is an equal opportunity employer and actively seeks a qualified and diverse workforce.  We are committed to conduct a recruitment and search process consistent with the Recruitment Policy to enhance the excellence of the university's workforce. The university will conduct a competitive recruitment for all positions, unless there is a compelling justification to make an exception.

Appointments without a competitive recruitment are limited to the following:

• Qualifications necessary are unique and unlikely a search will yield a more qualified candidate
  • Example: Exemplary, nationally or internationally recognized scholar, artist, or applied practitioner.
•  Appointment pursuant to a grant, contract, or endowment
  • Example: person named in grant/contract as PI or Co-PI, appointed to a research  position or named as part of the research team, or vital to the project.
  • Example: Person is named in the endowment and may be hired with funds from the   endowment if specifically established for the employment of such person.
• Emergency Situations
  • Division Reorganization
  • Instructional faculty
  • Positions critical to the operations of the university
  • Temporary positions (1 year appointment, by request may be extended further up to 2 years with Human Resources approval)
• Hires of opportunity
  • AAO Utilization Opportunity/Diversity opportunity
• External grant funds have expired and state funds have been allocated to source the position
  • Example: Research Foundation hire moving to State Operation (change in funding source)
• Visiting scholars (one year temporary)
  • Faculty on sabbatical from other institutions
  • Visiting scholars chosen by the funding source (e.g., Fulbright scholars and cholars funded by foreign institutions)
  • Visiting research collaborators (individuals currently employed at another institution or agency and collaborating on an on-going research project)
  • Exchange visitor (individuals from institutions with which the university has an exchange agreement)
• Appointments due to a change in status
  • Recently graduated student
  • Change in funding source
• University Fellowship/Assistantship program
  • Fellowship leading to appointment to a regular faculty

Background

This policy supersedes the Recruitment Resource Guide for Faculty and Professional Employees. The Waiver of Affirmative Action process will no longer be used and all requested exceptions to the Recruitment Policy will be reviewed in accordance with this Recruitment Exceptions Policy. 

Applicability

All faculty, professional staff positions regardless of full time equivalent (FTE) are covered by this policy.  Civil Service rules and regulations govern classified staff positions.

This policy does not apply to student assistant, work-study student, graduate assistant, teaching assistant, or research (student) assistant positions or short-term temporary positions including adjuncts.

Definitions

Affirmative Action Plan

A federally mandated report that is used as a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time an employer’s workforce generally will reflect the gender, racial, and ethnic profile of the labor pools from which the employer recruits and selects.

Competitive Recruitment

The process of sourcing, screening, and selecting employees for positions with an employer.

Equal Employment Opportunity

The concept of providing access to employment opportunities to all persons without regard to race, color,nnational origin, gender, religion, age, disability, pregnancy, gender identity, sexual orientation, marital status, veteran status, or ex-offender status.

Protected Group

A protected group member is an individual who falls within a group that is qualified for protection under equal employment laws. Examples include individuals with qualifying disabilities, veterans with
qualifying service, members of minority groups, and women.

Temporary Appointment

An appointment which may be terminated at any time. Temporary appointments may be given for a period of one year or less, or when an employee’s initial appointment is made to a position vacated by an employee serving a probationary appointment, or by an employee on an approved leave.

Responsibility

Hiring Department and Search Committee

• Consider and select applicants for hire in accordance with laws prohibiting discrimination based upon race, color, national origin, gender, religion, age, disability, pregnancy, gender identity, sexual orientation, marital status, veteran status, or ex-offender status.
• Prepare appropriate documentation in support of the exception request.

Human Resources (HR)

• Monitor and enforce Provide consultation, guidance, and assistance to hiring departments with recruitment procedures, position classification, and compensation.
• Manage 91���� HR Jobs (Interview Exchange).
• Approve position classifications and hiring proposals.

Division of Diversity, Equity, and Inclusion (DDEI)

• Monitor and assess Equal Employment Opportunity/Affirmative Action (EEO/AA) compliance.
• Monitor and evaluate utilization of the Recruitment Exceptions Policy. 
• Provide guidance and assistance to hiring departments and search committees with recruitment procedures and processes.

Immigration Services

• Provide policy and immigration services for faculty and staff.

Office of Provost

• Authorize all faculty recruitment.
• Review and approve faculty hiring/appointments.
• Advise and assist with under-represented faculty recruitment and special faculty hiring initiatives.

Procedure

Recruitment exceptions will be processed and reviewed through the respective hiring division vice president/provost and DDEI. A special tab is located within BU HR Jobs and DDEI for appropriate documentation to be inserted by the hiring manager and the individual being hired.

The requirement to process an appointment through 91���� HR jobs is eligible for exception in the following circumstances:

• When appointing a State University of New York (SUNY), RF, or BU Foundation employee to an RF temporary summer position. However, if BU HR Jobs is not used, a job description must be submitted with the appointment transaction in order for the appropriate job title to be assigned.
• When hiring an active, full-time, exempt (professional) level SUNY, RF, or BU Foundation employee to perform additional duties that are both separate from, and unrelated to, the individual’s current appointment. When doing so, the appropriate approval form (i.e., Extra Service Compensation Approval (RF) or Request for Approval of Extra Service Compensation (State)) must be completed and submitted along with the appropriate hiring documentation.

The chart provides definitions and documentation requirements for each exception category.

Recruitment Exception Definitions
Exception Category	Instructional Faculty: In an emergency situation (e.g., sickness, death, sudden resignation, or where a vacancy for a position crucial to an instructional need occurs less than one year from the required start date for the course or during the course of the semester) the position may be filled on a temporary basis, contingent on the unit starting the search immediately or in such time as the unit can reasonably expect to select the candidate by the beginning of the next semester or academic year.	Letter of justification explaining the circumstances
	Positions critical to the operations of the university: In an emergency situation in which failure to fill a vacancy would compromise the operations of the university, an emergency temporary hire, not to exceed one year, may be made while the search is being conducted. These appointments will be made only when the position could not reasonably be expected to be filled by a temporary internal reassignment.	Letter of justification explaining the circumstances
	Note:  Individuals who have been hired on a temporary basis without a competitive/affirmative action recruitment or exception to the search process will not be eligible for consideration as an internal applicant, and can only be a candidate if a full external search is conducted.
Hires of individuals specified in documents related to each specific appointment	Grant or Contract Positions: Principal Investigators may hire individuals specifically named in grants or contracts and/or who are integral to the project.	Award letter and selected pages from the research grant or contract specifying the named person(s), or other written justification as to why the individual is integral to the project
Hire of Opportunity	Exemplary Scholar: Nationally or internationally renowned individual. While each academic discipline recognizes extra-ordinary accomplishment differently, it is expected that the "hire of opportunity" designation be used only in rare circumstances; such designations are recommended by deans or vice presidents for approval by the president or provost. For international scholars, contact Immigration Services.	Address specific accomplishments, status in the discipline, and national or international reputation of the individual to support the appointment as an “exemplary scholar”
	Competitive Hire: In recognition of the unique nature of the recruitment and hiring of athletic coaches, an exception to the competitive hiring process may be made when the urgency of committing a job offer to a candidate is documented and indicates that normal competitive processes are not practical to secure the selection of a highly qualified candidate. All candidates hired under this exception will serve under time-limited contract appointments	Letter of justification from the Director of Athletics addressing the specific qualifications of the individual, competitive nature of recruitment within the specific sport, or other circumstance relevant to the proposed hire
	AAO Utilization Opportunity/Diversity opportunity: An exception to achieve diversity may be granted to a department/unit based upon its capacity to recruit qualified women and/or minority (African-American, Hispanic or Latino, Asian or Pacific Islander, American Indian or Alaskan Native) candidates, where there is under-representation of women and/or minority groups in the department/unit workforce profile as documented in the current Affirmative Action Plan.	Include data from the current Affirmative Action Plan verifying under-representation of the protected group in the particular discipline, or other appropriate documentation; can be provided by EDI
Visiting Scholar (one-year temporary appointment)	Faculty on sabbatical from other institutions	Copy of letter authorizing the sabbatical or letter of justification explaining the hire
	Visiting scholars chosen by the funding source (e.g., Fulbright scholars and scholars funded by foreign institutions)	Documents indicating funding source or letter of justification explaining the hire
	Visiting research collaborators (individuals currently employed at another institution or agency and collaborating on an on-going research project)	Letter of justification explaining the hire including the date the research project commenced
	Exchange Visitor (individuals from institutions with which the university has an exchange agreement)	Copy of the exchange agreement or a letter of justification explaining the circumstances
	Change in Funding Source: When funding sources are changed to a new university or university-affiliated employer, an exception to recruitment requirements can be utilized for appointment to the new position, only if the individual’s prior appointment was the result of a competitive recruitment. The new position must have similar duties, responsibilities, and salary and must be permissible under state and federal employment law.	Letter of justification explaining the circumstances and referencing the original posting number of the prior affirmative action search; additional supporting documents that verify the completion of a competitive recruitment for the selected individual will be accepted in lieu of the original posting number if one did not exist or cannot be found
	Fellowships leading to a regular faculty or staff position: Candidates who have completed a specialized fellowship that furthers the university’s mission and would be an asset to the university; the specialized fellowship must recruit its candidates through an open equal opportunity process.	A letter of justification explaining the method of selection for the candidate
Research Foundation temporary summer employment	RF temporary summer appointments may be made for up to thirteen weeks during the designated summer period. These appointments may not extend beyond the summer period, or convert to regular status without a competitive recruitment	Transactions for such appointments must include the “summer” designation; appointments for State faculty members exceeding two months (or 2/9ths of the academic year salary) requires completion of the Summer Appointment Certification.
Appointment to perform additional duties that are both separate from, and unrelated to, an individual’s current appointment	When hiring an active, full-time, exempt (professional) level SUNY, RF, or BU Foundation employee to perform additional duties that are both separate from, and unrelated to, the individual’s current appointment.	Extra Service Compensation Approval (RF) or Request for Approval of Extra Service Compensation (State) and appropriate hiring documentation.
Special Circumstances	Circumstances may arise where an appointment or change in appointment is required to meet administrative, contractual, or legal obligations of the university, and to which standard recruitment procedures cannot be applied. The “special circumstances” designation should only be used in rare circumstances.	Circumstances may arise where an appointment or change in appointment is required to meet administrative, contractual, or legal obligations of the university, and to which standard recruitment procedures cannot be applied. The “special circumstances” designation should only be used in rare circumstances.

Contact Information

Contact	Phone	Email
Human Resources	607 777-4939	declemen@binghamton.edu
Diversity, Equity, and Inclusion	607 777-4775	dei@binghamton.edu
Immigration Services	607 777-6618	mliberati@binghamton.edu