TABLE OF CONTENTS

    I.    The Search Committee
            Structure

   II.    Legal Basis of Equal Employment Opportunity Affirmative Action
            Equal Employment Opportunity/Affirmative Action Program

  III.   Affirmative Action Procedures/Guidelines

  IV.  Search Pool
            Direct Hires

   V.  Search Committee Procedures
            Recruitment Plan
            Correspondence with Applicants
            Maintenance of Candidate Files
            Hints for Screening of Applicants

  VI.  Procedures for Advertising
            Submit "Request to Advertise/Recruitment" Form
            Position Advertisements
            Reminders
            Advertising Definitions
            Employment Opportunities
            Requisitions

 VII. Campus Visits and Interviews
            Coordination of Campus Visit
            Coordination of Campus Interview Appointments

VIII. The Americans with Disabilities Act and The Search Process
            Advertisements
            Pre-Employment Testing
            Interviewing
            Inquiries You Cannot Make
            Inquiries You are Permitted to Make
            Questions You May Ask
            Inquiries You Must Make During the Hiring Process
            Final ADA Guidance on Interviews
            Reasonable Accommodation

  IX.  Recommendation of Search Committee
            Deliberation and Recommendations of Search Committee
            Offer of Position and Follow-up Activities
            Appointments Requiring Approval by the Chancellor

            Moving Expenses

            Immigration Expense Allowance

   XII.  Appendices

1. Historically Black Colleges and Universities
2. Affirmative Action Worksheet/Personal Contact Log   (.pdf format)    (Word format)

3. Check List for Affirmative Action Procedures

4. Certification of Applicant Pool, Form A-1      (.pdf format)    (Word format)
5. Equal Employment Opportunity Information Request
   Receipt of Application Letter
6. Sample Candidate Rating Form  
   Blank Candidate Rating Form (.pdf format)    (Word format)
7. Non-Finalists Letter
8. Reference Checks/Telephone Conversation Notes
9. Request to Advertise/Recruitment Form      (.pdf format)    (Word format)
10. Advertisements (Short and Long Examples)
11. Newspaper and Journal Listings
12. Employment Opportunities Publication
13. Requisition for Classified Ad/Display Ad
14. Sample Interview Schedule
15. Pre-Employment Inquiry Guide
16. Record of Applicants    (.pdf format)    (Word format)
17. Request to Hire Support or Administrative Staff     (.pdf format)  (Word format)
18. Approval for Appointment Recommendation, Form A-2     (.pdf format)    (Word format)
19. Checklist for Submitting Regular Full-Time & Part-Time Appointment/Employment Packet
20. End of Search Letter
21. Certification of Compliance, Form A-3   (.pdf format)    (Word format)

I.    The Search Committee

          Structure

The structure of a search committee is vital to the success of the committee's objective. Search committees should be composed of individuals having a vested interest and direct knowledge of the position (administrators from within the same department, college or department), and individuals having diverse backgrounds (administrators from various departments across campus). Individuals from diverse backgrounds provide the committee with a broad knowledge base and a variety of perspectives. Minorities and females should be included on all committees. Committees may also include students, clerical/support staff, faculty and retirees (professor emeritus, dean emeritus, etc.).

A well structured committee and a carefully selected chairperson will enhance the capabilities of the search committee and assure a commitment to affirmative action issues.

II.      Legal Basis of Equal Employment Opportunity/Affirmative Action

East Tennessee State University is fully in accord with the belief that educational and employment opportunities should be available to all eligible persons without regard to race, creed, color, sex, religion, age, national origin, physical or mental disabilities, veteran status, or sexual orientation.

The university fully complies with the 2001 Geier Consent Decree; Executive Order 11246, as amended; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Act of 1974, as amended; the Equal Pay Act of 1963, as amended; the Pregnancy Discrimination Act; the Age Discrimination Act of 1967 and as amended in 1975; Titles VI and VII of the Civil Rights Act of 1964, as amended, and the CRA of 1991; the American with Disabilities Act (ADA) of 1990, Title IX of the Education Amendments of 1972; all applicable Federal and State statutes and regulations; and all Tennessee Board of Regents policies and guidelines, i.e., Tennessee Board of Regents Guideline No. P-010, and Policy No. 5:01:00:00.

The university will not permit discriminatory employment practices or behavior, and will take affirmative action to ensure equal employment opportunity and equitable treatment in all areas of employment which include, but are not limited to:

1. Recruitment
2. Hiring practices
3. Promotion
4. Tenure or retention
5. Termination, layoff and rehiring
6. Leave policies
7. Salary and fringe benefits
8. Job classifications
9. Job assignments
10. Lines of progression and seniority
11. Anti-nepotism policy
12. Condition or privilege of employment

Equal Employment Opportunity/Affirmative Action Program

Responsibility for overall development, implementation, coordination, and monitoring of academic and non-academic affirmative action programs rests with the University President. He has appointed the Affirmative Action/Equal Employment Opportunity Officer, for both academic and non-academic employees. The Affirmative Action Officer has been delegated authority to represent the University President in matters assuring that the university, through the vice presidents, the deans, and the Office of Human Resources, is meeting affirmative action requirements.

III.    Affirmative Action Procedures/Guidelines

In order to comply with the requirements of the 2001 Geier Consent Decree and to document good faith efforts to identify and employ minority applicants, the following procedures should be followed for all searches, and should be incorporated into the search committee's written recruitment plan (see Part V):

1. The chair of each search committee must meet with the Affirmative Action Officer prior to initiating search procedures, to review procedures for conducting a search in accordance with the conditions of the 2001 Geier Consent Decree. The Affirmative Action Officer should meet with each search committee.
    
2. Advertisements/job descriptions that are distributed, must clearly describe criteria for selection.
    
3. All full-time and one year temporary administrative positions will require at least regional advertisements, and/or national advertisements as determined by the Affirmative Action Officer. National advertisements will appear in at least:

The Chronicle of Higher Education and either
The Affirmative Action Register, or
Diverse: Issues in Higher Education, or other appropriate minority publication

Professional journal advertisements are encouraged. (Depending upon the professional nature of the position, journals may be used in lieu of minority publications with concurrence of the Affirmative Action Officer.)

Exceptions to any of the above must be have prior approval of the Affirmative Action Officer.

4. Nominations must be solicited from professional organizations, institutions, groups and/or individuals likely to generate Black applicants by:

-	direct contacts with professional organizations
-	mailings to appropriate counterparts at Historically Black Colleges and Universities (HBCU's)
-	mailings to institutions with high minority enrollment
-	minority data banks
-	telephone calls to counterparts at other institutions

5. When making direct contact by telephone for nominations, calls should be made to personal/professional acquaintances whenever possible:

-	calls should be made to appropriate departments or units (Appendix A, "Historically Black Colleges and Universities).
-	requests should be to "enhance pool of minority candidates"
-	ask for names of potential candidates -- either from that institution or current/former students of that institution or professional colleagues

A telephone log of all telephone contacts should be maintained (Appendix B, "Personal Contact Log").

** The Affirmative Action Officer will determine the number of appropriate direct telephone calls to be made to generate Black applicants.

6. Make direct contact with those Black individuals nominated.

-	describe position/institution
-	determine interest
-	if interested, request additional information - resume, application, names of references

7. Do not prematurely rule out apparently minimally qualified Black applicants on the basis of resume/applications -- follow-up applications from Black individuals with direct contact:
    

   -	describe position/institution
   -	request additional information

8. In all instances provide adequate time for response.
   
   

9. Include Black individuals in search/selection process.
   
   
10. The interviewee pool should be representative of the applicant pool. (The question to ask in determining whether to invite a Black applicant for an interview is whether or not the individual meets the minimum qualifications.)
    
    
11. The "Check List for Affirmative Action Procedures" (Appendix C) is provided as assistance to search committee chairs in completing all necessary affirmative action paperwork.

IV.    Search Pool

In accordance with the university's Affirmative Action Plan and the 2001 Geier Consent Decree, the search committee must create a broad and diverse pool of applicants. The applicant pool must generally reflect the availability data for the defined vacancy, as determined by the appropriate job group in the university's Affirmative Action Plan.

To enlarge the pool of applicants, position advertisements should be placed in a variety of professional and minority publications; direct contacts must be made with qualified other-race individuals; and nominations must be sought from institutions, groups, and/or individuals likely to generate other-race applicants.

The Affirmative Action Officer must review all applicant pools and approve their composition prior to the scheduling of interviews ("Certification of Applicant Pool," Form A-1, Appendix D).  Upper level administrative vacancies, require the submission of Form A-1, "Certification of Applicant Pool," to the Tennessee Board of Regents (TBR) for approval prior to the scheduling of interviews. This list includes vice presidents, chief business officers, academic and administrative deans, academic department and/or division heads, and directors of the centers of excellence (including those officers who, with varying titles, have line responsibility for administration of academic faculty or staff at the academic disciplinary unit level).

Direct Hires

If the university has not met the employment objectives for the EEO category in which the vacancy occurs, a qualified other-race individual may be identified, recruited and hired without fulfilling the affirmative action recruitment procedures. This will apply only to positions covered by the 2001 Geier Consent Decree, i.e., EE01, EE02, EE03. Because the direct hire methodology for appointment is an exception to standard recruitment and hiring practices, it is required that the procedure for direct hire include a consultation with the Director of Human Resources and the Affirmative Action Officer.

V.    Search Committee Procedures

Recruitment Plan

The chair of the search committee is responsible for the coordination of all activities involved with the selection of new personnel. Prior to taking any recruitment action, the chair of the search committee must meet with the Affirmative Action Officer to review search procedures. The chair or supervisor conducting the hiring may then submit, in conjunction with the Request to Advertise/Recruitment Plan form (see Appendix I), a Recruitment Plan which includes:
 

1. Proposed advertisement.
    
2. Composition of the search committee and responsibilities of the members, i.e., direct contacts, reference checks, interviews, etc.
    
3. An advertising plan, which provides the following:

1. advertisement of the position in appropriate professional journals, minority publications, regional newspapers and the Tennessee Employment Security Office (see Part VI, Procedures for Advertising);
    
2. requests for nominations from organizations devoted to leadership training (ACE Office Leadership Development);
    
3. participation by other-race and/or minority members on all search, selection or advisory committees and,
    
4. direct contacts to assure that qualified minorities are aware of the vacancy and are encouraged to apply.

Correspondence with Applicants

1. All letters received from applicants should be acknowledged promptly. The search committee's correspondence provides a "first impression" of the university.
    
2. A form letter can be developed but personal letters (individually typed) should be sent.
    
3. Nominations should be acknowledged to the nominator and a letter sent to the nominee inquiring of his/her interest in the position and any additional information which the committee will need.
    
4. The 2001 Geier Consent Decree requires that all applicants be asked their race. They are not required to respond but we are required to ask. Therefore, all applicants should be mailed the "Equal Employment Opportunity Information Request" with the acknowledgment letter unless the "Equal Employment Opportunity Information Request" has been received via an ETSU application (Appendix E).

Maintenance of Candidate Files

1. A listing of all candidates including their addresses and current position should be maintained by the chair of the search committee.
    
2. A file should be developed for each candidate to house all of the correspondence and materials related to that candidate.
    
3. Finalists should be requested to send transcripts and letters of reference prior to interview.
    
4. Files should be secured to insure confidentiality.
    
5. Copies of applications/resumes and other materials may be circulated to members of the search committee as appropriate.
    
6. After the position has been filled, all files should be returned to the Office of Human Resources.

Hints for Screening of Applicants

1. Members of a search committee may find a candidate rating form (Appendix F) to be useful when screening applicants. A checklist provides for each committee member a quick reference as to why individual candidates are preferred.
    
2. It is important to keep the position description in mind when reviewing applications.
    
3. Search committee members might find it helpful to request writing samples, report copies, portfolios, etc., from selected applicants.
    
4. Reference letters should be carefully examined.
    
5. After finalists are certified by Affirmative Action Officer, applicants who are not among the finalists should be notified. (Appendix G, sample letter) NOTE: Most search committees will have a category of "second place" or "hold" candidates whom they may pursue further if first choice candidates do not result in a hiring. These candidates should not be eliminated from the search prematurely. Correspondence with these individuals should indicate that a final selection has not been made but they will be informed as the search progresses.
    
6. One of the most productive approaches to enhancing the employment success and long-term retention of persons hired for positions offered at ETSU is to determine that the candidate is fully qualified and suited to the position offered. A key element in this hiring process is the checking of references, employment histories, and prior employers. These references are required in the candidate's application or letter of interest for our positions. Supervisors are requested to ensure that employment histories are reviewed carefully. Further reference checks can be conducted on the finalists (with the finalists' consent) through focused telephone interviews of references (Appendix H, form for recording telephone references). This method allows for comprehensive coverage of significant data. It also allows for follow-up on interesting or unclear responses.

Contact should be made with prior supervisors, along with the references offered by the candidate. The purpose of this check is to determine if the applicant's skill level, his/her work habits, attendance and ability to work as a productive member of a team. Your questions should be aimed to discern these characteristics.

Supervisors should be particularly thorough in evaluating local records of applicants who previously worked at ETSU. Records are available in the Personnel Office and contact should be made with supervisors in the candidate's previous work center. You are entitled to information pertaining to quality of work and reasons for resignation or termination from departments within the University.

A memorandum must be attached to all "Requests for Hire" for Regular Full and Part-Time nominees, listing the references contacted, and certifying that employment history and local records checks have been conducted for candidates who are recommended for hire for University positions.

A good reference check can take only ten minutes to conduct. A sample follows:

1. How would you evaluate his/her administrative/managerial/supervisory experience, and achievements?
    
2. How would you describe him/her as a person?
   Probes (if not mentioned spontaneously):

   -	personal and professional integrity
   -	ability to stimulate enthusiasm among others (i.e., subordinates, colleagues)
   -	consideration, support, equitable treatment of others
   -	effective communication skills

3. What are his/her principal strengths for this position?
   What are his/her principal limitations for this position?

These questions are only samples, and will vary according to information included in the candidates' resume.

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VI.    Procedures for Advertising

There are several basic steps to advertising a position:

Submit "Request to Advertise/Recruitment Plan" Form

A vacancy exists when the division's vice president authorizes a position. The receipt of a letter of resignation does not necessarily establish a vacancy in a particular department. The need for a line replacement must be established with approval from the dean and vice-president. This approval is documented through the submission of a "Request to Advertise/Recruitment Plan" form (Appendix I).

The "Request to Advertise/Recruitment Plan" form, available from the Office of Human Resources, is to be completed by the department chair or director, and processed through the proper chain of command. Please allow 5 to 10 working days for processing requests and for obtaining all of the necessary signatures.

Thorough completion of the form is essential to the proper processing of requests. Essential information includes: Primary Department Name; 5-Digit Position Number; Pay Base Code; Account Number; Type of Position; Job Title; Beginning Salary; Preferred/Deferred Date of Employment; Funding; a brief Justification/Explanation of the request; and Name of Former Occupant of Position. Requests must have the proper signature from each level of authority before they can be advertised by the Office of Human Resources, i.e., director, dean, vice-president, Affirmative Action Officer, Office of Human Resources.

Attached to the "Request to Advertise/Recruitment Plan" form, must be the position advertisement and the necessary requisitions. The request can not be processed without the proper attachments, and will be held by the Office of Human Resources until all attachments are received.

Position Advertisements

A position advertisement (Appendix J) must be included with the submission of a "Request to Advertise/Recruitment Plan." Job advertisements should include the following information: College and Department where the vacancy exists; Position Title; Description of Position (search extended, re-advertisement, part-time, contingent upon grant funds, etc., see Advertising Definitions); Effective/Starting Date (Fall 1989; Spring semester 1990; etc.); Description of Essential Functions; Minimum Educational and Experience Qualifications Required; Application Deadline Date (if the pool of potential candidates is small, a deadline date is not appropriate or required); Application Review Date/Statement (Review of applications will begin immediately and continue until the position is filled; Review of applications will begin September 1990; etc.); Contact Person and Address where Applications and Curriculum Vitae can be sent; Affirmative Action Statement.

Additional information may also include:  Rank and Salary (a noncommittal statement such as "commensurate with education and experience" allows for negotiation); Brief Description of the College and Department; Brief Description of the University and Community.

The Office of Human Resources presently uses the following standard description of the university and community:

East Tennessee State University is a regional state-supported institution serving approximately ______ students yearly, and is located in a beautiful, prosperous, Southern Appalachian Mountain community. The northeast corner of Tennessee, which surrounds Johnson City (population ______) is metropolitan in population (a million people within a seventy-five mile radius) but provides a friendly, small town atmosphere. The area abounds in scenic beauty and in places of historical interest.

The Office of Human Resources will review all advertisements for proper content and will make any necessary changes. Major changes/problems in advertisement content, will be discussed with the department director, or appropriate authority.

Reminders

1. Designate a deadline date for receipt of applications (unless your pool of applicants is expected to be small). When calculating a deadline date, allow enough time for your request to be processed and consider lead times and publishing schedules for regional and national journals and publications.  
   
   Keep in mind that all administrative positions must remain open for a minimum of 30 days (calculated from the date the advertisement appears in regional newspapers and/or national journals).
   
   
2. All advertisements must contain the following affirmative action statement:  
   
   East Tennessee State University is an Affirmative Action/Equal Opportunity Employer (or AA/EOE).
   
   
3. Full-time and one year temporary, administrative positions will require at least regional advertisements (Appendix K, Newspaper and Journal Listings), and/or national advertisements as determined by the Affirmative Action Officer. National advertisements will appear in at least: The Chronicle of Higher Education and either the Affirmative Action Register, or Diverse: Issues in Higher Education, or other appropriate minority publications. (The Affirmative Action Register is published once a month; Diverse is published twice a month; The Chronicle is published weekly.)  
   
   Exceptions to advertising in appropriate publications will be made after consultation with the Affirmative Action Officer for positions where advertisement in professional journals is required to reach potential applicants, i.e., College of Medicine professional/administrative positions, and coaching positions.  
   
   Position Advertising Memorandum, January 15, 2003.  (Note:  Annual agreement with HigherEdJobs.com has been extended indefinitely at no charge to university departments.)

   There is no requirement to advertise (six months or less) temporary administrative positions. But, to advertise such positions, the same advertising steps must be completed; advertisement in national journals, minority publications, or regional newspapers would not be required. Temporary one-year positions (benefits included) must be advertised.
   
   

4. Advertisements to be used at conferences, conventions, professional meetings, etc., must also be submitted along with your "Request to Advertise/Recruitment Plan" form for approval.
   
   
5. The advertisement should state that letters of application, resumes and letters of reference should be sent to search committee or department director, or, if preferred, to the Office of Human Resources where applications will be acknowledged and forwarded to the search committee.
   
   
6. Advertisements for Internet position listing sites must also be submitted along with your "Request to Advertise/Recruitment Plan" form for approval. When purchasing access to a position listing site, please remember that all applicable university search procedures remain in effect. Any changes to current advertisements and any new advertisements must be reviewed and approved though signatory channels before they can be listed on the Internet.

Advertising Definitions

Advertisements must contain a thorough description of the position. The following is a list of commonly used terms which, if apply, must be included in the job advertisement:

Revised: If you have advertised a position within the past 12 month period, and then decide to re-advertise the position and revise the ad (upgrade qualifications, change position duties and responsibilities, etc.), the new ad must state that it is Revised.

Re-advertised: If you have a position which has been advertised, the search has been closed, and you then decide to again advertise the position within a 12 month period, the new ad must state that it is a Re-advertisement.

Contingent upon Grant Funding: A position which is funded in any part through a grant is Contingent upon Grant Funding. A position which is funded through a contract must be so identified, i.e., position funded through a contract with a local hospital.

Search Extended: If you have advertised a position within the past 12 month period, stating a deadline for receipt of applications, and then decide to re-advertise the position to obtain additional applicants, the new ad must state that the Search is Extended.

Temporary: Temporary employees are appointed for periods of less than six months. Such positions must be designated as Temporary.

Part-time: Administrative personnel who are employed on a continuing basis, expected to exceed six months and who have a regular work week of less than 37.5 hours are part-time employees. Such positions must be designated as Part-time.

Employment Opportunities

The university publication, Employment Opportunities (Appendix L), is distributed by the Office of Human Resources, and is a listing of all currently available vacant positions. All advertised positions must be posted in the Employment Opportunities.

Schedule: The Employment Opportunities is published daily on the Office of Human Resources' Internet Home Page (http://www.etsu.edu/humanres/employ.htm).  Before advertisement, all positions must have an approved "Request to Advertise/Recruitment Plan" form with attached requisitions and one short version of the advertisement.

Distribution: The Employment Opportunities is listed on the Human Resources' Internet Home Page, http://www.etsu.edu/humanres/employ.htm; posted on the Office of Human Resources' office bulletin board; and a copy is maintained within the Office of Human Resources.

Requisitions

A separate requisition and a copy of the advertisement must be submitted for each publication (Appendix M). Requisitions must include the following essential information: where to advertise; date(s) the ad should be placed/or the number of times the ad should be run; type of ad (classified or display); estimated costs; and the following statement "tear sheet must accompany invoice." Please do not type the advertisement directly on the requisition, attach a separate sheet of paper with the typed advertisement.

All requisitions must have the proper signatures/initials before they can be processed.

Advertisements to be placed "free of charge" in professional journals, newsletters, etc., should be submitted with a requisition for approval. State on the requisition, under cost, "no charge."

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VII.    Campus Visits and Interviews

Coordination of Campus Visit

The number of candidates a search committee decides to interview is dependent upon the uniqueness of the position and the size and quality of the applicant pool. Usually a minimum of three to five candidates should be interviewed. Positions should not be filled, as a rule, with only one person interviewed.

For executive, upper level administrative and certain professional (non-faculty) positions, university recruitment accounts may be used to cover the cost of inviting candidates to campus for personal interviews. For these positions the following guidelines should be followed:
 

1. The committee should seek approval from the department director of the vice president (depending on the nature of the search) that two or three candidates be brought to campus for interviews. Approval may be given to bring more than three candidates to campus should circumstances merit.
    
2. For accounting purposes, it is preferred that candidates pay their own hotel and transportation costs for which they will be reimbursed. Travel advances are not available, but the Office of the Comptroller provides quick turnaround on reimbursement. Encourage candidates to submit their travel reimbursement forms as soon as possible.
    
3. Transportation costs for spouses who accompany the candidates will not be reimbursed, except under special circumstances approved in advance by your vice president.
    
4. Motel reservations should be made for the candidate. The reservations clerk may need to be told that the university will guarantee late arrivals.
    
5. Each candidate should be transported to and from the airport by a search committee member.
    
6. Local transportation should be provided by a member of the search committee to transport the candidate to and from the university for dining occasions. These arrangements should be made prior to the candidate's arrival in Johnson City.  
    

7. Each candidate should be given a name and home phone number of a search committee member to contact in case of emergency.
    

8. Candidates should be mailed an information packet about ETSU and the Tri-Cities area prior to their visit. Include such items as a Campus Guide, Catalog, Viewbook and specific program information related to the position which is vacant. The Office of University Relations may have additional items to be included in the packet. Contact the Chamber of Commerce for additional information concerning Johnson City and the surrounding area.
    
9. The "Proposed Faculty/Administrative Compensation Package" spreadsheet allows search committee chairs to calculate a candidate's proposed total compensation, including university payments for retirement, health/life insurance, FICA, FICA-Med, 401K, and longevity.  This spreadsheet may be valuable when discussing salaries and benefits with potential candidates.  To access the form, click here.

Search committees who are recruiting candidates for positions not covered under university reimbursement accounts, should extend to out-of-town candidates similar courtesies as those mentioned above. All search committees must remember that a candidates first impression of the university comes from their interaction with the search committee.

Coordination of Campus Interview Appointments
 

1. An "Interview Schedule" (Appendix N Sample Interview Schedule) and a listing by name and title of search committee members should be developed for the candidate's visit, and distributed to the candidate and those participating prior to the visit.
 
 
2. A copy of the candidate's resume should accompany the Interview Schedule distributed to those persons on campus involved in the interview.
 
 
3. Persons to include in the Interview Schedule should be determined in consultation with the department director.
 
 
4. The vice president is usually not involved in the interview process except for executive, upper level administrative and certain professional positions.
 
 
5. The Interview Schedule should include an appointment with the Office of Human Resources to discuss employee benefits.
 
 
6. Candidates are easier to compare if the same questions are used in each interview. Again, search committees need to keep in mind the job description and the needs of the department. It is easy to be overly impressed with the first charismatic candidate.
 
 
7. There are inquiries that must be avoided in the interview process, including those during the informal time spent with the candidate (Appendix O has a list of permissible inquiries, and a list of inquiries which must be avoided).
 
 
8. A time for informal conversation should be a part of the schedule. The candidate should also be given an opportunity to ask questions; an interview is a mutual exchange of information.
 
 
9. For executive, upper level administrative and certain professional (non-faculty) positions, members of the search committee should accompany the candidate to lunch and dinner. In order to minimize expenses, discretion must be used in determining the number of committee members who will accompany the candidate to meals. Should the candidate bring his/her spouse, the spouses of the committee members would also be welcome. Please retain receipts for all meals and indicate on the expense voucher the names of all people dining with the candidate. Turn in all expense vouchers with receipts to your vice president's office via the office of the director. (Prior approval should be obtained from the appropriate vice president regarding payment of meals for spouses of committee members.)
    

Candidates and committee members should know that tips and alcohol are not reimbursable.

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VIII.  Americans With Disabilities Act And The Search Process

The Americans with Disabilities Act (ADA) of 1990 was signed into law on July 26, 1990. The Act gives civil rights protection to individuals with disabilities similar to those rights provided to individuals on the basis of race, color, religion, national origin and sex (Civil Rights Act of 1964). To be protected under the ADA, an employee or an applicant for employment must meet the definition of the term "disability," as stated in the law. Under the ADA, an individual with a disability is a person who has: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such impairment; or (3) is regarded as having such impairment.

The ADA makes it unlawful to discriminate in all employment practices such as: recruitment, hiring, promotion, training, lay-off, pay, firing, job assignments, leave, benefits, and all other employment related activities. Search committee members and search chairpersons must not discriminate against applicants with disabilities during the advertising, interviewing and hiring processes.

The law prohibits using qualification standards, employment tests or other selection criteria that screen out an individual with a disability unless the qualification standard, test or other criteria, is shown to be job-related for the position.

Advertisements

Position advertisements are required to include a list of the position's "essential functions." As stated in the Equal Employment Opportunity Commission's rules and regulations (29 CFR, Part 1630, Equal Employment Opportunity for Individuals With Disabilities; Final Rule), the determination of which functions are essential can be critical to the determination of whether or not the individual with a disability is qualified. A job's essential functions are those functions that must be performed by an individual unaided or with a reasonable accommodation. A job function may be determined as "essential" when one or more of the following apply: (1) The position exists primarily to perform the function(s) and the absence of the function(s) would alter the job; (2) The number of other employees among whom the performance of the job function(s) can be distributed is limited; (3) The function(s) requires a highly specialized skill, expertise or ability to perform the function(s).

Secondary position functions may also be listed in the advertisement, however, selection criteria (minimum qualifications) must be based on the requirements needed to perform the essential functions.

Pre-Employment Testing

Under the ADA, employers may use pre-employment tests as selection criteria. The tests must be administered to all applicants seeking similar employment. If the tests tend to screen out applicants with disabilities, the employer must demonstrate that the test is job related and consistent with business necessity.

Typing tests are administered by the Office of Human Resources to all applicants seeking clerical positions. The tests are given in the Office of Human Resources, which is accessible to applicants with disabilities. The typing test is job-related to all clerical positions and is consistent with business necessity. Typing is an essential function of university clerical positions. Typing skill, accuracy and speed are measured.

No minimum score is required on the typing test and no applicant is eliminated from the pool of applicants by the Office of Human Resources. Typing test scores are noted on applicant employment applications which are forwarded to supervisors/search committee chairs. Applicants with disabilities who request accommodation to take the typing test, i.e., enhancement for the legally blind, will be offered reasonable accommodation.

Departments are discouraged from independently administering any pre-employment tests. Those department desiring to administer pre-employment tests, i.e., computer software application, typing tests, etc., must seek approval in writing from the Office of Human Resources.

Interviewing

Pre-employment questions regarding the nature or severity of disabilities may not be asked during the interviews or throughout the search process. The following interviewing guidelines are adapted by permission from the authors of College and University Personnel Association ADA Compliance Manual for Higher Education; A Guide to Title I, 1992 (Chapter 6), and should be applied throughout the entire search process.

Inquiries You Cannot Make

These are examples of questions that cannot be asked in interviews or during reference checks.

	DO NOT ask questions about whether the individual has a current disability or a past disability.
	DO NOT ask whether the individual has any serious illness (such as AIDS), back problems, a history of mental illness or any other physical or mental condition.
	If the individual has a disability that is obvious to the interviewer (such as an applicant that is missing a limb or uses a wheelchair),
		DO NOT inquire how the individual became disabled or the prognosis for the applicant.
		DO NOT ask questions about the nature or severity of the applicant's disability.
	DO NOT comment in any way on the individual's physical condition except as described below.
	DO NOT ask whether the individual wears a hearing aid or needs to wear glasses while on the job.
	DO NOT ask questions about the applicant's past-on-the-job injuries.
	DO NOT ask about the applicant's medical problems by requesting the applicant to identify if he or she has or has ever suffered from a list of ailments, such as:
		Diabetes	Heart Conditions	Back Problems
		Ulcers	Hearing Problems	Hepatitis
		Arthritis	Migraines	Visual Problems
	DO NOT ask whether the applicant has ever been treated for any mental condition.
	DO NOT ask applicants to list any conditions or diseases for which they have been treated in the past.
	DO NOT ask whether the individual has ever been hospitalized and, if so, for what condition.
	DO NOT ask whether the individual has ever been treated by a psychiatrist or psychologist and, if so, for what condition.
	DO NOT ask whether applicants have had a major illness in prior years, or whether they have any current illnesses.
	DO NOT ask whether the applicant has ever been treated for drug addiction or alcoholism.
	DO NOT ask how many days the applicant was absent from work last year because of illness.
	DO NOT ask whether applicants are taking or have been taking any prescribed drugs.
	DO NOT ask whether the applicant has a sexually transmitted disease, such as the HIV virus.
	DO NOT ask whether an applicant has ever requested and/or received assistance or assistive devices in performing past jobs.
	DO NOT inquire about an applicant's past or current need for or receipt of medical or disability benefits.
	DO NOT ask about an applicant's past drug use or alcohol use.
	DO NOT ask any questions regarding whether an applicant is or ever has been a drug addict or an alcoholic.
	DO NOT ask whether the individual has ever filed a workers' compensation claim.
	DO NOT ask whether the individual has ever received an award of workers' compensation benefits.
	DO NOT ask whether an individual has ever been found to be disabled.
	DO NOT ask whether the individual has a spouse, children or other friends with disabilities.
	DO NOT ask about problems the individual has had because of a disability.
	DO NOT ask questions of applicants with disabilities that you do not ask of other applicants, except as described below.
	DO NOT ask whether the individual has any disabilities or impairments that may affect performance in the position.
	DO NOT ask whether the applicant has any physical defects that preclude the applicant from performing certain kinds of work, or ask the applicant to describe such defects or specific work limitations.

Inquiries You Are Permitted To Make

These are questions you may ask in interviews or during reference checks if they are asked of all persons applying for a particular category of job, regardless of disability.

	YOU MAY ask whether the individual needs any reasonable accommodations or assistance during the hiring or interviewing process.
	YOU MAY ask about the individual's ability to perform essential job functions.
	YOU MAY give the individual a copy of the job description that identifies all essential functions and ask whether the individual is able to perform all of those essential functions with or without a reasonable accommodation. (ETSU Note: It is not however permissible to ask anything else that relates to reasonable accommodation except in situations described in "Final ADA Guidance on Interviews".)
	YOU MAY describe the job and ask whether the individual can perform those functions.
	YOU MAY ask about current use of illegal drugs or current alcohol use.
	YOU MAY state the institution's standards and expectations and ask if the individual can meet those standards. For example:
	-	YOU MAY state the drug policy;
	-	YOU MAY state the standards against on-the-job alcohol consumption;
	-	YOU MAY state the smoking policy;
	-	YOU MAY state the standards for attendance, including the availability or lack of availability of leave for newly hired employees;
	-	YOU MAY state the expectations for a particular position.
	YOU MAY ask questions about any of the qualifications that are required for the position, including:
		Education;
		Experience;
		Licenses;
		Training;
		Basic reading and writing skills;
		Mathematical skills; and
		Other minimum qualification standards determined to be defensible that do not expressly relate to physical or mental conditions.
	YOU MAY ask about the individual's attendance at prior jobs, if the question is limited to days off or number of days late for any reason, and is not limited to days missed due to illness.
	YOU MAY ask whether the individual has ever been involved in an accident on-the-job that injured co-workers or members of the public.
	YOU MAY ask about an individual's accident record, especially accidents involving injury to property (such as traffic accident history for persons who will do driving) if you avoid questions about the individual's own injuries.
	YOU MAY ask an individual how he or she could perform tasks, and with what accommodations, if the applicant indicates that he or she can perform the tasks with an accommodation.
	YOU MAY ask an individual to voluntarily disclose whether he or she has a disability.

Questions You May Ask

If the individual has an obvious disability or another disability known to you that you believe may interfere with or prevent the individual from being able to perform the essential functions of the job:

	YOU MAY ask the individual to explain or demonstrate how he or she can perform the essential functions of the job, with or without a reasonable accommodation.
	If an applicant has a known or obvious disability that would not interfere with or prevent performance of the job, you CANNOT ask or require the applicant to demonstrate performance of a job function, unless all applicants for those positions are required to do so.

 
Inquiries You Must Make During the Hiring Process

If the individual indicates that he or she has a disability and may require a reasonable accommodation during the application and hiring process; or at the pre-offer stage, an otherwise qualified individual indicates that he or she may require a reasonable accommodation to perform essential job functions:

	YOU MUST inquire about the types of accommodations the individual believes may be necessary.
	YOU MUST make inquiries with the individual and, if necessary, with others, as to the nature and costs of the accommodations that may be necessary.

If the individual has an obvious disability or a disability known to you that you believe will interfere with the applicant's ability to complete the pre-employment procedures, including pre-employment testing,

YOU MUST raise that concern with the individual and inquire whether the individual will require any reasonable accommodation during the hiring process.

Final ADA Guidance on Interviews

Final guidance regarding pre-employment interviews was issued by the Equal Employment Opportunity Commission on October 10, 1995. Two pre-employment questions may now be asked by employers to applicants:

1. Will you need a reasonable accommodation to perform the functions of the job?
    
2. What type of accommodation will be needed?

Important: These two pre-employment questions may only be asked if the employer becomes aware of the possible need for an accommodation under one of the following circumstances:

1. The applicant enters the interview and has an obvious disability. Obvious disabilities are considered to be mobility, visual, hearing, speech and amputees.
    
2. The applicant voluntarily discloses during the interview that they have a hidden disability.
    
3. The applicant voluntarily discloses that he/she needs reasonable accommodation during the interviews.
    

Reasonable Accommodation

An applicant is considered a "qualified individual with a disability" if the applicant can perform the essential functions of the position with or without reasonable accommodation. An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Standards for determining whether an accommodation to an otherwise qualified disabled applicant or employee is "reasonable" or imposes an "undue hardship" are adopted from the principles and considerations outlined in the College and University Personnel Association ADA Compliance Manual for Higher Education: A Guide to Title I, 1992 (Chapters 9 and 10).

For the accommodation to be "reasonable":

1. It must be effective.
    
2. It reduces barriers to employment related to the person's disability.
    
3. It need not be the best accommodation available, as long as it is an effective accommodation.
    
4. It is not primarily for personal use.
    
5. An accommodation which exceeds ADA's requirements will not set an adverse precedent.
    
6. It is made with respect to the known limitations of an otherwise qualified individual with a disability.
    
7. Some examples of "reasonable" accommodations:
   

1. Reassigning a disabled employee to a vacant position.
2. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
3. Allowing part-time or modified work schedules.
4. Acquiring or modifying equipment or service.

For the accommodation to impose an "undue hardship":

1. The cost of providing the accommodation would have a significant impact on the financial resources of the institution.
    
2. The accommodation would fundamentally alter the way the job is performed and have a detrimental effect on the operation of the university in that it would substantially disrupt the provision of services.
    
3. The cost of providing the accommodation would jeopardize the institution's ability to continue to provide essential services and academic programs to students and employees.
    
4. Some examples of accommodation which would impose an "undue hardship" to the university:
   

1. Providing the accommodation would render an economic blow resulting in the layoff of other employees.
2. Providing the accommodation would result in the closure of essential academic programs or services for students and employees.
3. Providing the accommodation would necessitate reallocating essential functions of the position to other employees.

The following steps will be taken to ensure adequate documentation of any decisions regarding refusal to hire or promote due to undue hardship:

The supervisor will submit through supervisory channels to the Office of Human Resources a detailed statement of justification for the decision regarding refusal to hire or promote due to undue hardship.  It will include, as a minimum, the following information:

1. Job description (including essential functions of the position).
2. Description of the disability.
3. Type of accommodation requested by the employee/applicant.
4. Estimated cost of the requested accommodation.
5. Description of any non-cost effects of the requested accommodation.
6. Justification of why the accommodation should not be provided.
7. Impact on financial resources, programs, and services if the requested accommodation is provided.
8. Alternative accommodation proposed, if any, and whether it would be effective.

The Office of Human Resources will review justification and consult with the supervisor, the Affirmative Action Officer, the employee/applicant, and other university/TBR officials as appropriate.

A written recommendation on the supervisor's request will be submitted to the Vice President for Administration and/or the President, as appropriate, for final decision.

IX.    Recommendation of Search Committee

Deliberation and Recommendations of Search Committee

1. Discussions/deliberations of the search committee should remain confidential. Lists of applicants should not be released without authorization from the director and/or vice president.
    
2. Recommendations submitted by the search committee should follow agreed upon procedures between the search committee and director. For example, some directors and vice presidents may prefer a priority ranking of candidates, and others may only wish to know whether the search committee finds each finalist acceptable or unacceptable.
    
3. Recommendations should be made to the appropriate administrator. When necessary, negotiations concerning salary will be conducted between the director, vice president and the Office of Human Resources.
    
4. The chair of the search committee is responsible for completing the "Record of Applicants" Form 104 (Appendix P) giving clear reasons why candidates were not selected. A statement such as "not as qualified as candidate selected" IS NOT acceptable. Specific statements should be given of reasons why the candidate chosen exceeds the other applicants . For example "administrative experience of applicant chosen exceeds all other applicants; or "qualifications of candidate selected more closely match position requirements."

Offer of Position and Follow-Up Activities

1. Only the University President is authorized to offer a position to a candidate.
    
2. The department director will forward all material related to the appointment of the candidate through the vice president, Budget Office, Office of Human Resources, Affirmative Action Officer, and University President. The appointment packet must contain the following material compiled in the designated order:

1. "Request to Hire Support or Administrative Staff," Form 102 (Appendix Q)  
   
   Note: ETSU employs only U.S. citizens and aliens authorized to work in the United States. Recommended candidates must possess the required documents, as listed on an official ETSU employment application, for employment in the United States. Contact the Office of Human Resources for additional information.
   
   
2. Resume/ETSU application of recommended candidate, all candidates interviewed, and any minority applicants.
    
3. Statement of Clarification detailing superiority of recommended interviewees to other race and female candidates in the pool. 
    
4. Approved "Certification of Applicant Pool," Form A-1 (Appendix D). 
    
5. "Record of Applicants," Form 104 (Appendix P).
    
6. "Approval for Appointment Recommendation," Form A-2 (Appendix R), section 5 completed by Office of Human Resources.
    
7. "Equal Employment Opportunity Information Request" of selected applicant and other race and female applicants (Appendix E).
    
8. Copy of all position advertisements.
    
9. Memorandum listing the references contacted, and certifying that employment history and local records checks have been conducted for recommended candidate. 
    
10. Affirmative Action Worksheets/Personal Contact Log (Appendix B).
     
11. Any additional information (i.e., special letters to HBCU's, notes or letters to/from candidates, etc.)
     
12. "Certification of Compliance," Form A-3 (Appendix U), for administrative academic hires of chair or higher.

* See Appendix S, Checklist for Submitting Regular Full-Time and Part-Time Appointment/ Employment Packet.

When completing the "Request to Hire," salaries requested for new employees must conform with standard university policy, East Tennessee State University Compensation Plan Guidelines. An entry salary for newly hired administrative/professional employees may range from the minimum salary of each pay/grade level up to 90% of each level's midpoint. A request for entry salary above the minimum requires that a separate memo for approval be attached to the hire packet.  Grant funded positions must also comply with these guidelines.

The University President's approval of the "Request to Hire" form initiates correspondence with the candidate concerning the official offer and contract. Copies of this correspondence are forwarded to the department/college/school and the appropriate vice president from the Office of Human Resources.

After the decision is made by the University President to offer the position to a candidate and there is reasonable assurance that the candidate will accept the position, the other finalists should be notified by a brief letter. Do not state reasons for having selected a particular candidate (sample letter, Appendix T).

In accordance with the University President's memorandum, dated June 22, 1990, no employee is to be allowed to begin work prior to notification from the Office of Human Resources that the appointment has been approved. At that time, the department should contact the employee and set a starting date. Employees who begin work prior to the approval will not be paid by East Tennessee State University for the time worked. Department heads that allow potential employees to begin work prior to formal approval may be personally liable for wages due during the period prior to formal approval being obtained.

All files should be returned to the Office of Human Resources for storage and will be maintained for a period of at least three years.

Appointments Requiring Approval by the Chancellor:

No offer of employment can be made for positions requiring the Chancellor's approval until the appointment form has been signed by the Chancellor or his designee. The following positions must be submitted for approval: an employee whose salary will exceed $75,000 per year regardless of the position, through appointment or promotion; interim and regular appointments of vice presidents, chief business officer, academic and administrative deans, academic department and/or division heads and directors of the centers of excellence (including those who, with varying titles, have line responsibility for administration of academic faculty or staff at the disciplinary unit level).

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        Moving Expenses

         1.  Travel expenses directly associated with a move may include mileage of all owned vehicles and en route lodging.

Lodging may be covered for the employee and all immediate family members residing in the household.  En route lodging may be provided for one night if the distance of the move is 400 miles or more, plus one additional night for each additional 400 miles.  Lodging for one night at the destination may be permitted.

Lodging will be consistent with the Tennessee Board of Regents travel policy rates.  Mileage will be reimbursed at the current IRS rate for moving mileage.  Travel expenses incurred when moving from another state to Tennessee will be reimbursed at the out‑of‑state rates.

For the purpose of these regulations, immediate family is defined as any of the following named members of the employee's household at the time he/she reports for duty at his/her new official station: spouse, children (including step‑children, adopted children, or foster children) unmarried and under 21 years of age or physically or mentally incapable of supporting themselves regardless of age, or dependent parents of the employee and the employee's spouse.

2.         If two or more members of an immediate family otherwise qualify for reimbursement or allowances under these regulations as Tennessee Board of Regents employees, only one member shall be eligible for employee reimbursement or allowances; the other is eligible for reimbursement as a family member.

3.       Storage of household goods and personal effects may be allowed for a period of 30 consecutive days.

             4.         Arranging for Moving and Payment

                 A.        If the total moving expense authorized exceeds $5,000 and if the institution agrees to pay all of the cost of a commercial mover, the institution must arrange for the mover through normal purchasing procedures.  The vendor should be paid directly by the institution.

                 B.   In all other cases, the institution may require, at its option, that arrangements be made through its purchasing department    or the employee may make the arrangements and seek reimbursement

                C.        Only arrangements made directly by the institution will be reimbursed directly to vendors by the institution.  In other cases the institution should reimburse the employee. Claims for reimbursement must be supported by an invoice. 

               5.         Other Provisions 

A.  Moving expenses will be paid or reimbursed only after a contract is executed between the employee and the institution.  (Moving Expense Agreement is prepared by the Office of Human Resources.)

 B.  All travel and travel expenses shall be accomplished as soon as possible, but in no event shall the effective date of the move to the completion of travel and transportation exceed twelve (12) months unless written extension is granted by the President.  All payments or reimbursements must be made within twelve (12) months of the date employment begins for new employees or relocation occurs for relocated employees. 

 C.     The agreement on the amount of moving expenses to be paid, the type expenses to be paid, responsibility for arranging logistics, etc., should be clearly understood in writing between the employee and the institution.

                        D.  The institution shall assume no liability whatsoever for personal injuries, property damages, or other losses which may be sustained in connection with any moves undertaken pursuant to these regulations.

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         Immigration Expense Allowance

1.         New employees may receive reimbursement for immigration expenses when considered to be in the interest of the institution and when such payment is a part of the employment negotiation with a new employee or the relocation of a current employee from another employer or institution. Reimbursement/fee allowance for immigration fees must be approved in advance by the President or his/her designee.

     2.   This provision applies only to candidates who are required to pay immigration fees to work and live in the U.S.  No TBR employee may receive reimbursement more than once.

 3.         No payment shall be made unless the employee agrees in writing to remain in the service of the institution for a period of twenty-four (24) months following the effective date his/her employment agreement, unless separated for reasons beyond his/her control and acceptable to the institution.  The service agreement statement should be maintained in the employee’s personnel file.  In case of a violation of such an agreement, any funds expended by the institution for such allowance shall be recoverable from the employee as a debt due the institution in the same manner as educational allowance payments. (Service Agreement is prepared by the Office of Human Resources.) 

4.        Reimbursement shall be in the maximum amount of $4,500 and shall not exceed the employee’s actual, documented expenses.  The allowance cannot be used to defray non-immigration-related costs or any costs not associated with the individual employee’s immigration expenses. 

 5.         Reimbursable fees include: fees charged by a licensed immigration attorney retained in connection with the application, filing, permanent residence fee, fee for any application to enter the U.S., fee for application to remain in the U.S., and associated fees required in the application process, such as medical examinations, fingerprinting, photo identification, postal/courier fees, and costs of evaluating foreign academic credentials or translations of foreign documents.

 6.         The employee is responsible for making arrangements for representation, completion of paperwork, assistance in the immigration process, and submission of all bills and/or invoices for which reimbursement is sought.  Faculty may submit a claim for reimbursement by sending a request with original receipts to the Provost/Chief Academic Officer.

Source:  TBR Policy 5:01:00:00

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X.     APPENDICES

1. Historically Black Colleges and Universities
2. Affirmative Action Worksheet/Personal Contact Log   (.pdf format)   (Word format)
3. Check List for Affirmative Action Procedures
4. Certification of Applicant Pool, Form A-1    (.pdf format)   (Word format)
5. Equal Employment Opportunity Information Request

Receipt of Application Letter
6. Sample Candidate Rating Form
Blank Candidate Rating Form (.pdf format)     (Word format)
7. Non-Finalists Letter
8. Reference Checks/Telephone Conversation Notes
9. Request to Advertise/Recruitment Form    (.pdf format)    (Word format)
10. Advertisements (Short and Long Examples)
11. Newspaper and Journal Listings
12. Employment Opportunities Publication
13. Requisition for Classified Ad/Display Ad
14. Sample Interview Schedule
15. Pre-Employment Inquiry Guide
16. Record of Applicants   (.pdf format)    (Word format)
17. Request to Hire Support or Administrative Staff   (.pdf format)   (Word format)
18. Approval for Appointment Recommendation, Form A-2   (.pdf format)  (Word format)
19. Checklist for Submitting Regular Full-time & Part-Time Appointment/Employment Packet
20. End of Search Letter
21. Certification of Compliance, Form A-3   (.pdf format)    (Word format)