Guidelines
For Filling Clerical/Support Staff Vacancies
including
Guidelines For Hiring Temporaries
I.
Legal Basis of Equal Employment Opportunity
Affirmative Action
Equal Employment Opportunity/Affirmative Action Program
II. Search
Committee Procedures
Recruitment Plan
Correspondence with Applicants
Maintenance of Candidate Files
Screening of Applicants
III. Procedures
for Advertising
Submit "Request to Advertise/Recruitment Plan" Form
Position Advertisements
Reminders
Advertising Definitions
Employment Opportunities
Requisitions
V. 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
VI. Recommendation for
Hire
Deliberation and Recommendations of Supervisor
Offer of Position and Follow-up Activities
Moving Expenses
Immigration Expense Allowance
VII. Hiring of Temporaries
Procedures for Hiring Temporary Employees
I. 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 handicaps, 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:
- Recruitment
- Hiring practices
- Promotion
- Tenure or retention
- Termination, layoff and rehiring
- Leave policies
- Salary and fringe benefits
- Job classifications
- Job assignments
- Lines of progression and seniority
- Anti-nepotism policy
- 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.
II. Search Committee Procedures
Recruitment Plan:Top of PageThe individual supervisor is responsible for the coordination of all activities involved with the selection of new clerical/support staff. Prior to taking any recruitment action, the supervisor must review and comply with the university's standardized recruitment procedures and submit, in conjunction with the Request to Advertise Recruitment Plan form (see Appendix E), a Recruitment Plan standard recruitment procedures for clerical/support staff positions include:
- A supervisor may choose to enlist the assistance of a search committee and a search committee chair. If a committee will be used, the composition of the committee and the responsibilities of the members must be determined.
- Obtain and review the vacant position's current position description. The position description should list "essential" and "secondary" functions (see Part V - Americans With Disabilities Act and the Search Process). Position advertisements are required to include a list of the position's "essential functions." Secondary 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.
- Develop the advertising and recruitment plan, including the advertisement of the position in appropriate regional and local newspapers, the campus publication, Employment Opportunities, and the Tennessee Employment Security Office (see Part III, Procedures for Advertising.)
- 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 A).
Correspondence with Applicants
- All letters received from applicants should be answered promptly. This correspondence provides an applicant a "first impression" of the university.
- A form letter can be developed but personal letters (individually typed) should be sent (Appendix B).
- Nominations should be acknowledged to the nominator and a letter sent to the nominee inquiring of his/her interest in the position.
- 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.
Reference checks can be conducted on the finalists through focused telephone interviews of references (Appendix C, 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 work experience is related to the ETSU position. In addition, we are interested in 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 previous 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:
- How would you evaluate his/her work experience?
- 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., colleagues, subordinates, etc.)
- consideration, support, equitable treatment of others
- effective oral and written communication skills
- 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' application.
Maintenance of Candidate Files
- A listing of all candidates including their addresses and current position should be maintained by the department or supervisor directing the search.
- One file should be developed for all candidates to house all pertinent candidate correspondence and materials.
- The file should be secured to insure confidentiality.
- After the position has been filled, the file should be returned to the Office of Human Resources.
Screening of Applicants
- The interviewer may find a candidate rating form (Appendix D) to be useful when screening applicants. A checklist provides a quick reference as to why individual candidates are preferred.
- It is important to keep the position specification in mind when reviewing applications.
III. Procedures for Advertising
There are several basic steps to advertising a position:Top of PageSubmit "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 the vice-president. This approval is documented through the submission of a "Request to Advertise/Recruitment Plan" form (Appendix E).
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 and Office of Human Resources.
Attached to the "Request to Advertise/Recruitment Plan" form, must be the position advertisement and any optional advertisement 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
Position advertisements must be included with the submission of a "Request to Advertise/Recruitment Plan" form. One version of the position advertisement (Appendix F) will be used for optional newspaper advertising and for posting in the university publication, Employment Opportunities.
Position advertisements should include the following information: College/Department where vacancy exists; Position Title; Description of Position (search extended, readvertisement, 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 necessary (unless noted otherwise, all clerical/support staff positions remain open two weeks from the date of posting in the Employment Opportunities); Contact Person and Address where Applications can be sent; Affirmative Action Statement.
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/chair, or appropriate authority.
Reminders
Clerical/support positions are required to be advertised in the university publication, Employment Opportunities. Advertisements in local or regional newspapers are optional (Appendix G, newspaper listing).
All newspaper advertisements must contain the following affirmative action statement:
East Tennessee State University is an Affirmative Action/Equal Opportunity Employer (or AA/EOE).
There is no requirement to advertise temporary positions (less than six months). But, to advertise such positions, the same advertising steps, as stated above, must be completed.
The advertisement should state that letters of application, resumes and letters of reference should be sent to the department, or, if preferred, to the Office of Human Resources where applications will be acknowledged and forwarded to the department.
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 readvertise the position and revise the ad (upgrade qualifications, change position duties and responsibilities, etc.), the new ad must state that it is Revised.
Readvertised: 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 Readvertisement.
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 readvertise 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: 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 H), 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 newspaper publication (Appendix I). 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."
The number of candidates an individual supervisor 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. As a rule, positions should not be filled with only one person interviewed.Top of PageThere are inquiries that must be avoided in the interview process, including those during the informal time spent with the candidate. Appendix J has a list of permissible inquiries, and a list of inquiries which must be avoided. If possible, 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.
V. 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 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.
Top of PageInquiries 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 ProcessIf 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:
- Will you need a reasonable accommodation to perform the functions of the job?
- 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:
- The applicant enters the interview and has an obvious disability. Obvious disabilities are considered to be mobility, visual, hearing, speech and amputees.
- The applicant voluntarily discloses during the interview that they have a hidden disability.
- 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":
- It must be effective.
- It reduces barriers to employment related to the person's disability.
- It need not be the best accommodation available, as long as it is an effective accommodation.
- It is not primarily for personal use.
- An accommodation which exceeds ADA's requirements will not set an adverse precedent.
- It is made with respect to the known limitations of an otherwise qualified individual with a disability.
- Some examples of "reasonable" accommodations:
- Reassigning a disabled employee to a vacant position.
- Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
- Allowing part-time or modified work schedules.
- Acquiring or modifying equipment or service.
For the accommodation to impose an "undue hardship":
- The cost of providing the accommodation would have a significant impact on the financial resources of the institution.
- 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.
- 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.
- Some examples of accommodation which would impose an "undue hardship" to the university:
The following steps will be taken to ensure adequate documentation of any decisions regarding refusal to hire or promote due to undue hardship:
- Providing the accommodation would render an economic blow resulting in the layoff of other employees.
- Providing the accommodation would result in the closure of essential academic programs or services for students and employees.
- Providing the accommodation would necessitate reallocating essential functions of the position to other employees.
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:
- Job description (including essential functions of the position).
- Description of the disability.
- Type of accommodation requested by the employee/applicant.
- Estimated cost of the requested accommodation.
- Description of any non-cost effects of the requested accommodation.
- Justification of why the accommodation should not be provided.
- Impact on financial resources, programs, and services if the requested accommodation is provided.
- 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.
Top of PageDeliberation and Recommendations of Supervisor:
- Discussions/deliberations between those conducting a search should remain confidential. Lists of applicants should not be released without authorization from the dean and/or vice president.
- The supervisor is responsible for completing the "Record of Applicants" Form 104 (Appendix K) 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 "truck driving 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:
Only the Vice President for Administration is authorized to offer a position to a candidate.
The department director/chair will forward all material related to the appointment of the candidate through the dean to the vice president, Budget Office, Office of Human Resources, Affirmative Action Officer and the Vice President for Administration. The appointment packet must contain the following material compiled in the designated order:
- "Request to Hire Support or Administrative Staff," Form 102 (Appendix L).
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.
- ETSU application of recommended candidate, all candidates interviewed, and any minority applicants (including male applicants for clerical positions).
- Approved "Certification of Applicant Pool," Form A-1 (Appendix A)
- "Record of Applicants" (Appendix K)
- Copy of all position advertisements
- Memorandum listing the references contacted, and certifying that employment history and local records checks have been conducted for recommended candidate.
- Any additional information (special letters, mailings, etc.)
*See Appendix M, 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. Newly hired classified employees are normally paid at the minimum rate in the skill level corresponding to their job classification. 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.
Written requests for hiring salary exceptions must be submitted through signatory channels by the requesting supervisor to the Office of Human Resources for review, and for approval by the Vice President for Administration and the University President. Criteria to be considered in determining whether exceptions will be approved are outlined in the ETSU Compensation Plan Guidelines.
The Vice President for Administration's approval of the "Request to Hire" form initiates correspondence with the candidate concerning the official offer and contract. Copies of "Request to Hire" are forwarded to the college/school and the appropriate vice president from the Office of Human Resources.
After the decision is made by the Vice President for Administration 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 N).
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.
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.
Source: TBR Policy 5:01:00:00
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.
Temporary employees are generally hired for emergency and/or peak period situations, i.e., registration, school opening, etc. Temporary positions are defined as those positions expected to last six months or less. Due to the nature of temporary positions, most will not require advertising. Temporary appointments are approved for a maximum of six months. If a limited continuation is necessary, a break in service must occur before a continuation can be approved (a break in service is defined as a scheduled workday which was not worked and for which no pay was received). An official ETSU application form must accompany all "Request to Hire" forms. Upon hire, the temporary employee has three days to complete an "Employment Eligibility Verification," Form I-9, and a Form W-4, "Employee's Withholding Allowance Certificate" (both forms available in the Office of Human Resources).Top of PageTemporary employees are paid on the 15th and last working day of the month - they are not paid current. For example, work between the 1st and 15th of the month will be paid on the last working day of the month.
Individual time cards and group time summaries are mailed to the department from the Office of Human Resources immediately upon receipt of the approval to hire. Time cards and group time summaries are the legal document reflecting the time worked by employees.
Procedures for Hiring Temporary Employees
When an employee is hired on a temporary basis, a "Request to Hire," accompanied by an application form is forwarded through proper signatory channels prior to the date the employee is needed. The "Request to Hire" will include the following: Type and title of temporary help and reason for need of position; Account Number to be charged; Hourly/Monthly rate to be paid; Maximum number of hours per week; the Beginning and Ending date for the employment.
Newly hired temporary employees should be paid at the minimum entry rate in the pay level corresponding to their job classification. Written requests for hiring exceptions must be submitted though signatory channels by the requesting supervisor to the Office of Human Resources for review; and review and approval by the Vice President for Administration. Criteria to be considered in determining whether exceptions will be made must include the following: (1) qualifications of the candidate; (2) length of candidate's prior service with the university; (3) market conditions for the position; (4) urgency to fill the position; (5) equity problems relative to other university employees within that job title. Hourly wages for students hired as temporaries should be consistent with student wages authorized by the Office of Financial Aid. Grant funded positions must also comply with these guidelines.
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.
