3.1 Institutional Compliance Officer. The functions listed below shall be performed by the University System Director of Human Resources for principal administrators whose appointment is approved by the Board of Trustees. Each component institution shall designate at least one employee to serve as an institutional compliance officer. The compliance officer of the component institution where the new employee will be located shall be involved in the recruitment and selection process in the following ways:
3.1.1 Consulting with the hiring authority on the job qualifications whenever authorization has been given to fill a vacancy or a new position is created;
3.1.2 Ensuring compliance with Equal Employment Opportunity and Affirmative Action requirements and the requirements of the Americans with Disabilities Act including the identification of essential functions of the position to be filled, as specified by USY V.C. 3.2.1, below;
3.1.3 Endorsing the advertisement before release;
3.1.4 Advising on the breadth of recruitment;
3.1.5 Determining the appropriateness of the applicant pool before finalizing the hiring process.
3.2 Pre-Advertising Requirements. The following steps shall be taken to define a vacant position before the vacancy is advertised:
3.2.1 The essential functions of the position shall be enumerated in writing in order to ensure compliance with the Americans with Disabilities Act.
3.2.1.1 In general, the term essential function means the fundamental job duties of the employment position the individual holds or desires. A job function may be considered essential for any of several reasons, including but not limited to the following:
The position exists specifically for the performance of that function
The number of employees who can perform that function is limited; and/or
The function may be highly specialized so that the expertise or ability to perform the particular function is essential
3.2.1.2 Evidence of whether a particular function is essential includes, but is not limited to:
The employer's judgment
Written job descriptions prepared before advertising or interviewing applicants for the job
The percent of time spent on the job function
The consequences of not performing the function
The terms of a collective bargaining agreement
The work experience of past incumbents in the job; and/or
The work experience of incumbents in similar jobs
3.2.2 The position shall be classified in accordance with the University System classification process established in USY V.F.
3.2.3 The position shall be assigned a pay range in accordance with the process described in USY V.F Compensation.
3.2.4 A determination shall be made as to whether the position must be advertised under USY and institutional policy or qualifies for one of the specific exceptions set forth therein. In situations where the requirement to advertise is not applicable, an election to advertise the position vacancy is acceptable.
3.3 Advertising. All external advertisements for USNH positions will state that the institution is an Equal Opportunity/Affirmative Action employer, normally designated in the ad as EEO/AA employer.
3.3.1 Faculty Positions
3.3.1.1 Content of Advertising. All faculty announcements must include the title of the position, discipline, position responsibilities, tenure status, qualifications and a date before which no hiring will occur. Inclusion of the hiring salary is optional, to be determined by institutional policy or practice.
3.3.1.2 Breadth of Advertising. Information regarding position vacancies will be disseminated internally to all USNH institutions. External advertising will normally include a minimum of one regional and one national source, and will normally include at least one professional source for tenure-track positions. Outreach to professional networks and graduate schools will be part of the normal search. Faculty-in-Residence and Resident Artist positions may be advertised regionally only within appropriate affirmative action guidelines.
3.3.1.3 Duration of Advertising. The length of time for advertising faculty positions shall be consistent with the normal recruiting time necessary within the discipline and should be sufficient to seek out qualified applicants, including women, minorities and those with disabilities. A minimum of 10 days after the first external advertisement appears is required before selection takes place.
3.3.2 PAT Positions
3.3.2.1 Content of Advertising. All advertising for PAT positions shall include in the external advertisement a title, the classification title or the operational title, qualifications for the positions, and a date before which no hiring will occur. The qualifications shall be consistent with those contained in the class specifications. Inclusion of salary range information is optional, to be determined by institutional policy or practice. Internal advertisements must include the classification title and the PAT salary range assignment.
3.3.2.2 Breadth of Advertising. Information regarding position vacancies will be disseminated throughout the USNH institutions. External advertising will normally include national and regional sources. The breadth will vary by profession and type of recruiting market and will be determined by the campus personnel office in conjunction with the recruiting department.
3.3.2.3 Duration of Advertising. The length of time for advertising shall be consistent with the norm for the profession to seek out qualified applicants, including women, minorities and those with disabilities. A minimum of 10 days advertising is required before interviewing and selection may occur. All applicants should be given full consideration in the application process.
3.3.3 Operating Staff Positions/Non-Exempt
3.3.3.1 Content of Advertising. All advertising for non-exempt positions shall include in the external advertisement a title, the classification title or the operational title, qualifications for the positions, and a date before which no hiring will occur. The qualifications shall be consistent with those contained in the class specifications. Inclusion of salary range information is optional, to be determined by institutional policy or practice. Internal advertisements must include the classification title and the non-exempt salary range assignment.
3.3.3.2 Breadth of Advertising. Information regarding position vacancies will be disseminated throughout the USNH institutions. External advertising is optional. The campus Human Resources Office based on the size and diversity of the potential applicant pool will make determination of the need for external advertising.
3.3.3.2.1 Internal applicants. Status staff members are internal applicants. Non-status staff members who have been employed within USNH for at least 12 months in total preceding the posting and who have worked at least 1,250 hours during that 12 month period shall be considered internal applicants.
3.3.3.2.1.1 Normally, during the first three workdays after the closing or review date, the hiring supervisor will review internal applicants prior to consideration of external applicants. Human Resources will review search documentation of all qualified internal applicants prior to releasing external candidates' application materials. All acceptable internal applicants will be continued in the search while external applicants are being reviewed.
3.3.3.3 Duration of Advertising. All vacancies using internal advertising policies shall be posted for a minimum of seven days. All vacancies advertised externally will be posted for the minimum number of days determined by campus policy.
3.3.4 Principal Administrators
3.3.4.1 Content of Advertising. All announcements for Principal Administrator positions must use the approved title and job responsibilities for the job as outlined in the By-laws of the Board of Trustees and must include an initial review date for receipt of applications. Any provision for including faculty rank or tenure as part of an advertisement must have prior approval of the Chancellor.
3.3.4.2 Breadth of Advertising. Advertising shall be consistent with the scope needed to attract qualified candidates, including women, minorities and those with disabilities.
3.3.4.3 Duration of Advertising. Advertising shall be consistent with the scope needed to attract qualified candidates, including women, minorities and those with disabilities.
3.3.5 Extension Educators. See special section on Cooperative Extension Service.
3.3.6 Academic Administrators. Academic Administrators shall comply with advertising policy for PATs except that recruiting is normally expected to be internal using the institution's faculty as the primary source of candidates.
3.4 Selection
3.4.1 Screening Committee. Screening committees will be required only for principal administrator positions. Institutional policy or practice will determine use and responsibilities of screening committees. Screening committee composition and responsibilities shall be consistent with USY policy on non-discrimination and affirmative action requirements.
3.4.2 Selection Criteria
3.4.2.1 Selection of candidates shall be based on a determination of the best match of candidate qualifications and job requirements. That determination shall be made on the basis of the essential functions, minimum qualifications and additional desirable qualifications as outlined in V.C.3.2
3.4.2.2 Interviewing, testing and selection shall comply with all state and federal requirements for non-discrimination, and uniform selection, as well as USY policy. Actions covered by this policy include but are not limited to:
Asking illegal questions regarding age, sex, race, religion, marital status, disability, military discharge or criminal arrest
Using and administering tests, which are not job, related or screen out qualified women, minorities or persons with disabilities
Limiting, segregating or classifying qualified candidates or employees in a way that adversely affects their opportunities because of a disability
3.4.3 Data Collection
3.4.3.1 Information including name, gender and race of all finalists shall be collected and reported. Reasons for hire and rejection shall be maintained for all women, minority and disabled candidates when such candidates are identified.
3.4.3.2 The USNH Office of Human Resources shall be responsible for reporting all data required by federal and state agencies as well as that established as part of the Affirmative Action Plan. Individual institutions shall collect and report the necessary applicant and employee information.
3.5 Exceptions to normal recruitment and selection procedures and policies. There are several circumstances under which advertising is not required or anticipated. (However, it is acceptable to advertise in any circumstance.) These appointments and circumstances typically are temporary arrangements. Campus policy may establish specific approval procedures for exceptions to recruiting.
3.5.1 Appointment. The following appointments do not require advertising unless specifically designated by the campus affirmative action plan:
3.5.1.1 Lecturers
3.5.1.2 Non-status appointments
3.5.1.3 Appointments of less than one year duration
3.5.1.4 Interim appointments
3.5.1.5 Acting appointments
3.5.1.6 Volunteers or unpaid positions
3.5.1.7 Appointments of less than 50% time
3.5.1.8 Visiting faculty and exchange appointments
3.5.2 Circumstances. Under the following circumstances a candidate may be appointed to a status position without advertising:
Reduction-in-force as outlined in policy USY V.C.9
Grant-funded positions as described in USY V.C.3.5.3
Former employees currently on Workers Compensation or Long-term Disability as described in USY V.A.
3.5.3 Individual exceptions. The Chief Campus Human Resource Officer may make exceptions to advertising requirements with the concurrence of the AA Office, or if there is no separate AA office, with concurrence of the USNH Director of HR. These exceptions are case specific and will typically be the result of insufficient recruiting time, settlement of employee/institutional transfer complaints or needs, or to comply with the intent of the employment policy. Such exceptions will be in writing.
3.5.4 Recruitment for Grant-Funded Positions. As a matter of policy and practice, departments are required to adhere to affirmative action/equal employment opportunity procedures when recruiting staff under a particular grant or contract except under the following circumstances:
3.5.4.1 When a grant or contract is being transferred from another institution, the principal investigator may bring along those staff members who have been and will continue to be integral members of the research activity. Such individuals are advised that continued employment at USNH is contingent upon continued external funding; and additional staff members must be recruited through regular procedures;
3.5.4.2 When a person(s) (generally not more than one or two) is specifically named in a proposal by the principal investigator and funding calls for or is contingent upon having a qualified individual(s) named who is essential to the successful completion of the project, then normal recruitment procedures to fill that position(s) will not be necessary;
3.5.4.3 When an individual not currently employed by the University System has written a proposal and gained endorsement from a USNH faculty member/administrator to be the Co-Principal Investigator so named in the proposal, that individual may be named as Co-Principal Investigator without recruitment.
In all cases, the following points remain in force:
3.5.4.4 The positions occupied by staff members who transfer from other institutions or who are hired under the above listed circumstances will be classified and paid in accordance with normal University System policies;
3.5.4.5 It is understood that there is no guarantee of continued employment for employees hired and supported by externally funded grants or contracts beyond the termination of the original external support or the extension of that same fund source;
3.5.4.6 All current policies, procedures, and benefits of the University apply to grant-funded personnel, including classification, wage, and salary policies on any new positions or any positions where change of fund sources occurs; and
3.5.4.7 An employee originally hired and supported by an externally funded grant or contract will be subject to all the usual affirmative action/equal employment recruitment guidelines when applying for a (regular) University System supported position.