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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 exceptional circumstances, a Waiver of Recruitment may be used to fill career and contract appointments, and positions may be temporary or indefinite based on justification and operational need.  It is the University’s intent to grant waivers of recruitment only in 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 consult with your TA Consultant for additional guidance. 

Once the Request for Waiver of Recruitment form is received, SHR will ensure appropriate information is included, 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 Manager of Talent Acquisition, a representative of the Chancellor’s Office and the Associate Vice Chancellor/Chief Human Resources Officer.

The unit will need to gather the information below to complete the Request for Waiver of Recruitment form:

  • Department
  • Division
  • Name of TA Consultant
  • Proposed Job Title
  • Selected Candidate Name
  • Appointment Type
  • Proposed End Date (if applicable)
  • Job Classification Code (if known)
  • Summary of Position (description and importance of this role within your organization)
  • Background (documentation of the need the waiver addresses in the department and details about the organizational needs that gave rise to this request)
  • Required Criteria (see list of 4 criteria below)

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

The Associate Vice Chancellor (AVC) of Staff Human Resources, in consultation with the Associate Vice Chancellor of Title IX Coordinator, Locally Designated Official (LDO), ADA Coordinator, & Equal Employment and Opportunity (EEO) Director,  approves waivers of recruitment.

IV. Criteria

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

  • 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. 
  • 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:
    • 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. 
    • 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.
    • Extreme time and/or funding constraints on project completion. Position would end upon project completion.
  • There are special appointment conditions, such as an organizational entity or program moving to the location along with specified current employees. For example: 
    • Program and/or funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the campus along with the filled position.
  • The delay resulting from conducting a competitive recruitment would endanger health and safety.

V. Process Overview

  1. Hiring unit consults with TAC to determine if a waiver is an appropriate way to meet their needs (vs. Non-Recruitment or Open Recruitment) and ensures justification aligns with criteria outlined in PPSM-20, Recruitment and Promotion.
  2. Hiring unit initiates a request for a waiver via Waiver of Recruitment Request form. 
  3. TAC forwards completed waiver request for approval to TA Manager (or TA Asst Manager as backup). 
  4. TA Manager approves or denies waiver request. 
  5. If approved, TA Manager forwards waiver request to AVC/CHRO and recommends final approval.
  6. AVC/CHRO approves or denies waiver request via email to TA Manager.
  7. TA Manager will notify hiring unit of final decision through their TAC. 
  8. Hiring unit works with Compensation to create/update position number.
  9. Hiring unit submits Job Opening Request via Service Now.
  10. TAC completes job offer and hiring steps.

VI. Forms/Resources

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