Waivers of Open Recruitment for Academic Appointments

As an employer and federal contractor, UC San Diego is required to provide equal employment opportunity and to identify and address underutilization of protected classes, including women, underrepresented minorities, individuals with disabilities, and protected veterans in our academic job groups. Conducting full and open searches for academic employment positions supports the University of California in fulfilling these requirements under federal and state laws.

In rare circumstances, and on a case-by-case basis, the requirement of conducting an open search prior to review for appointment may be waived. Although compliance with employment law and the Office of Federal Contract Compliance Programs (OFCCP) regulations determine the boundaries of search waivers, the content of this document is driven by the University’s dedication to recruiting a high quality academic workforce as well as addressing its affirmative action goals. Contributions in all areas of achievement that promote equal opportunity and diversity should be given due recognition in the academic recruitment process. At a minimum, individuals under consideration must meet the high expectations for employment at the University of California.

Types of Appointments Requiring an Open Recruitment

It's strongly recommended that an open recruitment be conducted for any academic position, regardless of percentage. However, it is generally required for new appointments, which are defined as the employment of an individual whose immediately prior status was not in the employ of the University of California, San Diego. More specific examples are available here.

Waivers System

Effective July 1, 2016 all new Recruitment Waivers will be generated in APOL-Recruit

  • e-RP/e-Waiver will be memorialized
  • Historical data will remain accessible to departments
  • Waivers submitted for approval to ADEO in e-Waiver prior to July 1 will be processed in e-Waiver

For a system overview please view the training video on our System Training Page

Effective July 1, 2016, UC San Diego no longer allows automatic exemptions for appointments at 50% time or less. This includes positions funded 4/8ths (i.e. 50%) or more by the VA. The waiver process is being implemented in lieu of a full recruitment requirement for these positions.

Guidelines and Categories

Following are guidelines for circumstances where a waiver of open recruitment may be considered. Waivers should be made for the minimum duration of time required; they cannot be extended nor repeated, unless specifically noted below.  In addition, view the Guidelines Search Waivers for Academic Appointees at the University of California.

Senate

  1. Spousal/ Partner Hire: The University of California recognizes that addressing the needs of dual career couples is an essential part of recruiting and retaining the highest quality faculty. A search waiver may be considered if the successful recruitment or retention of a senate faculty member is ultimately dependent on an academic appointment for his or her spouse/partner. A spouse/partner hire into a campus appointment is not an entitlement. Every spouse/partner hire must meet the qualifications and standard of excellence for the appropriate appointment. A spouse/partner hire is contingent on ultimate employment or retention of the associated individual. This search waiver must list the JPF associated with the recruitment under which the principal partner/spouse is being considered and is of indefinite duration.

  2. Target of Excellence / Opportunity Hire: A search waiver may be considered for cases where there is an unusual opportunity to hire an individual whose distinctive qualifications and extraordinary promise or accomplishments will contribute significantly to the excellence of the academic mission of the University. A waiver may be granted to facilitate the hire if the candidate would otherwise be lost if not immediately pursued. A Target of Excellence or Opportunity Hire waiver does not consider race, sex, gender or national origin, however, candidates who will promote and advance UC San Diego's commitment to diversity, equity, and a climate of inclusion are encouraged. Considerations for granting a waiver must include a Contributions to Diversity Statement as a supporting document. This search waiver is of indefinite duration.
  3. President's and Chancellors' Postdoctoral Fellowship Recipients: A search waiver may be considered if the candidate is a current or former recipient of a UC President's or Chancellor's Postdoctoral Fellowship. These UC postdoctoral fellowship programs support outstanding scholars in all fields whose research, teaching, and service will contribute to diversity and equal opportunity at UC. A list of current and former fellows is available at http://ppfp.ucop.edu/info/fellowship-recipients/index.html.This search waiver is of indefinite duration.

Non-Senate

  1. Emergency Hire: This type of Search Waiver may be used when there is an urgent and unanticipated need to fill a position, there is not enough time to conduct a search, and the candidate has the expertise and is available to begin immediately. If the position is to be filled beyond the duration of the waiver, an open search must be conducted. Emergency search waivers are made for a limited period of time; not to exceed one year.
  2. Urgent Patient Care Need: In the event that a department must alleviate a critical, unforeseen, and ongoing need in a specific area of patient care a search waiver for urgent patient care may be submitted. Waivers in this category have a limited duration of one year.

  3. Spousal/ Partner Hire: This waiver category is appropriate when the successful recruitment or retention of a senate faculty member or an individual in a senior leadership position (e.g., senior management group (SMG) member) is ultimately dependent on an academic appointment for his or her spouse/partner. A spouse/partner hire into a campus appointment is not an entitlement. Every spouse/partner hire must meet the qualifications and standard of excellence for the appropriate appointment. A spouse/partner hire is contingent on ultimate employment or retention of the associated individual. This search waiver type must list the JPF associated with the recruitment under which the principal partner/spouse is being considered and is of indefinite duration.

  4. PI/Co-PI/Leadership Status: A waiver may be considered if the candidate will be paid 50% time or more of his or her total effort from extramural funds awarded to the candidate and for which the candidate is named as PI/Co-PI or holds an equivalent leadership role on the extramural funds. A search waiver based on PI/Co-PI/leadership status may be granted for the duration of funding; however, appointments can be made for a shorter period of time. Waivers remain in effect as long as funding continues. In the event that funding sources change, a new waiver must be submitted. To continue employment should the funding run out, the candidate must apply through an open recruitment.

  5. Research Team: A search waiver may be granted if the candidate is part of the existing research team of a new faculty member. The waiver is only valid for an individual team member as long as s/he remains with the same research team and in the same series. Waivers submitted in this category must list the JPF associated with the recruitment under which the new faculty is being hired.

Positions exempt from Searches
Certain categories of positions are exempt from open recruitment and they do not require search waivers; however, all other policies associated with a specific academic title apply to such exempt positions. An exemption is continuous in duration until one or more qualifying conditions are changed.

  1. Non-Salaried (0% time) and without Salary (WOS) Appointments: This exemption applies to appointees who are unpaid employees of the UC campus where the appointment is held.
    • The appointees in this category may have a UC employee ID number but will not receive salary from the University of California.
    • If an appointee is to receive salary from UC subsequent to the initial non-salaried or without salary appointment, a search or an approved search waiver is required.

Non-salaried (0% time) and without salary (WOS) titles covered by this exemption include:

    • Volunteer Clinical Faculty
    • WOS non-senate faculty (e.g., HS Clinical, Adjunct) who do not receive pay from an institution affiliated with UC (see #7 above), excluding IX Unit titles
    • WOS non-faculty academics (e.g., Professional Research Series)
    • Research Associate (WOS)
    • Clinical Associate (WOS)
    • Research Fellow (WOS)
    • Visiting Scholar/Visiting Titles (WOS)
    • Emeritus – including academic appointees who are conferred emeritus status as the result of an academic review
  1. Salaried Visiting Appointments: A visiting appointee, such as a visiting professor, who is on leave from an academic or research position at another educational institution, research institution, or industry and is visiting the campus for research activity and/or to teach a course in his/her area of expertise is exempt from search requirements when appointed to a visiting faculty position.
  2. Recall Appointments for Retired Academics: The University of California may recall to active service, for a part-time term appointment, academic appointees who have retired from the University. This exemption acknowledges that these appointees would have previously undergone a search, been approved on a search waiver, or held an appointment exempt from a search for their pre- retirement appointment.
  3. Concurrent Academic Appointment: A concurrent academic appointment may be made for an appointee who is employed by the University in a staff, senior management group (SMG), or non-faculty academic title and who is asked to supervise academic personnel or to participate in occasional teaching activities that are directly related to the individual's research or primary job. Normally, the concurrent academic appointment will be without salary. This exemption acknowledges that the primary paid appointment must have met the requirements for a search or search waiver under the appropriate personnel policy.
  4. Faculty Administrator Titles at Less Than 100% and Interim / Acting Positions: A faculty member who is appointed to assume administrative responsibility in addition to, or in partial replacement of, his or her faculty responsibilities is considered a Faculty Administrator. Faculty Administrators are normally compensated with stipends and/or additional summer compensation, when appropriate. This exemption acknowledges that the underlying faculty appointment required a search or approved search waiver and that the administrative responsibilities do not constitute a new position.
  5. Lecturer in Summer Session: Faculty holding appointments in the associated department during the previous or following academic year and campus graduate students are exempt from recruitment requirements for assignment to Summer Session instruction. Individuals who do not hold a faculty appointment or graduate student status are subject to search or waiver requirements.
  6. Internal Hires (Change in Series): Note that this exemption does not preclude a search for appointment to any academic series when required by the University or campus. Rather, it acknowledges that an exemption may be applied when the change in series is intended to recognize growth and development in professional skills, knowledge, and responsibility of the appointee. All initial appointments in the senate series require a search or a search waiver per the criteria above. Exemptions may apply for certain changes or transfers in series. As footnotes to this section detail, some (but not all) of these transfers are explicitly discussed in APM policy. In these cases, the Chancellor's authority to grant exceptions can allow for the exemptions.