Waiver of Recruitment

I. Summary

Waiver of Recruitment is a non-competitive process in which the hiring unit identifies the candidate for hire in lieu of the position being posted and advertised. It is university practice to openly recruit both within and outside its workforce to fairly attract qualified applicants. Hiring units are strongly encouraged to fill positions through Open Recruitment. However, in rare circumstances, a Waiver of Recruitment may be used to fill Represented or Non-Represented career and Non-Represented contract appointments.  Positions may be temporary or indefinite based on justification and exceptional operational need.  It is the University’s intent to grant Waivers of Recruitment only in very limited circumstances.

A Waiver of Recruitment requires documentation that addresses the reasons why conducting a competitive recruitment would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity. Placement of a candidate into a career position that helps to improve the underutilization of the particular job group can be considered as one of the reasons for the request, among others listed below.

Please contact your TA Consultant for additional guidance. 

To initiate a Waiver, the hiring unit must follow the steps listed below. SHR will review the provided information, conduct a skills assessment of the intended candidate, and forward to the appropriate parties for approval. Talent Acquisition will reach out with further questions or when the approvals are complete. The approval workflow includes the Director of Talent Acquisition (TA), the Director of Equity and Equal Opportunity (EEO), and the Associate Vice Chancellor/Chief Human Resources Officer (AVC/CHRO).  

To complete the Request for Waiver of Recruitment form, the hiring unit will need to provide the following information:

• Department
• Division
• Name of TA Consultant
• Proposed Job Title
• Candidate Name
• Appointment Type
• Proposed End Date (if applicable)
• Position Number (this should already be classified in Job Builder with the Compensation Department)
• Job Code Classification
• Job Description (from Job Builder)
• Waiver Justification 
  • Importance of this role within your organization
  • Background (document the business need this waiver addresses in your department)
  • Required Criteria (policy criteria listed below) including an explanation of how your request meets the criteria.
• Candidate Justification
  • Specify how the candidate’s background fits the required qualifications for this position.
• References: The expectation is to complete reference checks with the candidate’s current manager and at least one other reference. SHR expects references to be completed before the waiver request is submitted.

II. Related Policies, Contract Articles and References

1. Personnel Policies for Staff Members (PPSM) - employees not covered by a collective bargaining agreement:
   • PPSM 20-Recruitment and Promotion
2. Union Agreements - employees covered by a collective bargaining agreement
3. Filling a Vacancy

III. Authority

In consultation with the Affirmative Action Officer, Chief Human Resources Officer (AVC/CHRO) approves Waivers of recruitment.

IV. Policy Criteria

To waive the recruitment process, at least one of the following criteria must be met:

1. Previous recruitment attempts did not result in identifying a qualified candidate pool, and/or recruitment difficulties in attracting candidates with the required skills, knowledge and abilities unique to the position have been documented. 
2. Unanticipated business requirements warrant filling the position on an immediate basis and the time needed to conduct a search would have a negative impact on meeting critical operational needs of the department or would violate a formal contractual obligation of the University. 
   
   Examples may include:
   
   1. The incumbent is a graduating student employee who must remain employed to complete a specific project begun while in student status. The position must be temporary with an end date. 
   2. The candidate possesses a unique or scarce skill, knowledge, ability or experience. Documentation should identify the specialized skill necessary to perform the duties of the position and its role in achieving project or program goals, and/or identify the negative impact(s) if the position were not filled.
   3. Extreme time and/or funding constraints on project completion. Position would end upon project completion.
3. There are special appointment conditions, such as an organizational entity or program moving to the location along with specified current employees. For example: 
   1. Program and/or funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the campus along with the filled position.
4. The delay resulting from conducting a competitive recruitment would endanger health and safety.

V. Process Overview

1. The hiring unit may consult with their TAC to determine if a Waiver is an appropriate way to meet their business needs (vs. Non-Recruitment or Open Recruitment), and ensure the justification aligns with the criteria outlined in PPSM-20, Recruitment and Promotion. If so, the following steps are required: 
   1. The hiring unit collects a resume from the intended candidate;
   2. Conducts reference checks on the intended candidate, if not already done;
   3. If the position is core funded, obtains required approval.
2. Hiring unit works with Staff HR Compensation to create or update the position number and the job description in Job Builder.
3. Hiring unit submits a request for a Waiver via Waiver of Recruitment Request form and a ServiceNow Job Opening Request (JOR). 
4. TAC reviews the Waiver request, the Candidate Justification, the JOR, and conducts a skills assessment comparing the candidate resume and the Job Description to confirm the individual is qualified. The TAC may do further consultation with the hiring unit. 
5. If deemed appropriate, the TAC forwards the completed Waiver request for approval to TA Director (or TA Associate Director as backup). 
6. TA Director reviews and approves or denies the Waiver request. 
7. If approved, TA Director forwards the Waiver request to the Director of EEO for  approval.
8. The Director of EEO reviews and recommends to the TA Director that the Waiver be either approved or denied. 
9. If approved, the TA Director forwards the Waiver request to the Associate Vice Chancellor/Chief Human Resources Officer
10. AVC/CHRO reviews and approves or denies the Waiver request via email to the TA Director. 
    1. If the Waiver of Recruitment is for Staff HR, the TA Director will request approval from the Assistant Vice Provost,  Academic Personnel. 
11. TAC notifies the hiring unit of the final decision. 
12. If approved, TAC completes the job offer and hiring steps.

VI. Forms/Resources

• Waiver of Recruitment Request Form
• Reference Check Form
• Job Builder (position management)
• Job Opening Request Form (Service Now Request)