OEO expects that units across our campuses execute external searches. The campus requires OEO approval if a unit would like an exception to that expectation. Waivers through OEO are required when a unit has a position open and would like hire a specific individual into that position without a search.
Waivers are not required for promotions unless multiple individuals may be eligible for the promotion opportunity (e.g. multiple individuals in the same rank with a people leader position). OEO reviews multiple factors when considering a waiver request.
To request a waiver, the department should submit a written request stating the waiver’s justification, along with the candidate’s resume or CV and the job description to the Office of Equal Opportunity.
Approval of the waiver will be communicated, in writing, to the requesting department with a copy submitted to Human Resources or Faculty Affairs. Waiver approvals need to be attached to the hiring e-doc for documentation.
If you have any questions regarding the waiver process, please contact our office.
Search Waiver Considerations
Search waiver justifications must fall into one or more of the following categories:
- Emergency and/or Unforeseen Circumstances: Circumstances that the department could not have foreseen and has no control over (e.g. faculty attrition, emergency teaching/clinical need, emergency staff need).
- Dual Career: When recruitment/retention of an employee may be assisted by the appointment of an accompanying spouse or partner.
- Special Opportunity:
- Specialist: A particular discipline/role needing to be filled is in an extraordinarily competitive or narrow field, such that the recruitment of an individual with the requisite credentials represents a unique opportunity. In this situation, a search waiver may be approved.
- Star: When an opportunity arises to recruit a distinguished scholar or nationally renowned professional, a search waiver may be approved.
- Negotiated Hires: Circumstances where it is necessary to recruit a candidate with additional negotiated recruitments (e.g. research team member or a named grant team member) may allow for a waived search process.
- Change in Appointment Type: When a unit wishes to move a current employee into a different appointment type (e.g. part-time to full-time, changing tracks, etc.).
- Accommodations: An individual with a disability who cannot perform the essential functions of their current position with a reasonable accommodation may be placed into a vacant position.
- Succession planning: An individual identified as a successor for a high level or key position has been trained to fulfill the duties of the incumbent. Backfilling the successor’s position will require an external search.
- Promotion/Change in Function or Family: No open position. Move reflects an increase or change in responsibilities.
- Reduction in Force (RIF): A qualified employee may be placed in another position in lieu of termination.
The following factors will be considered when determining approval:
- Utilization of campus/unit/department: The University may consider underutilization of women, employees of color, employees with disabilities and/or veterans in deciding whether or not to approve a search waiver.
- Past search history of candidate: The University may consider whether the individual has previously participated in a full, open search or whether the individual was previously appointed through a waived search.
- Departmental history: The University may consider previous departmental search waivers, typical search and screen processes within the unit, workforce trends in the unit, or concerns brought forth to Human Resources/Academic Affairs and Equity/Affirmative Action offices about the unit when determining search waiver approval.