Exempt, Non-Represented Staff Appointment Policy

Archived: Active
Effective Date: June 30, 2015
Steward: AVP for Human Resource Services
Approval Authority: President and Vice Presidents
Approval Date: June 30, 2015
Signature File:

Purpose

The purpose of this policy is to establish a uniform and fair process for establishing and filling non-represented staff positions at The Evergreen State College.

Policy Statement

The College is committed to recruiting and appointing qualified candidates who meet the position requirements in terms of: qualifications; knowledge, skills, and abilities; and the position-specific essential functions. This commitment requires a continuous assessment and improvement of recruitment and retention activities to promote staff diversity through the recruitment of a diverse pool of qualified candidates for exempt positions.

The College will not discriminate against or grant preferential treatment to any individual or group based on race, color, creed, ethnicity, religion, ancestry, national origin, sexual orientation, gender identity or gender expression, genetic information, presence of mental, sensory or physical disability, marital status, honorably discharged veteran or military status, current military status, status with regard to public assistance, political affiliation, sex, age, or the use of a trained guide dog or service animal by a person with a disability, unless based on bona fide occupational qualification.

 

Applicability

This policy applies to any executive, administrative, professional, computer, and managerial staff positions “exempted” from civil service by RCW 41.06.070, that are not represented and governed by a collective bargaining agreement. 

This policy does not apply to College faculty, faculty dean appointments, or represented exempt employees in the Student Supports Services Staff Union (SSSSU), with the exclusive exception that the Waiver Appointment and Waiver Request Process do apply to the SSSSU.

 

Definitions

At-will Employment:  Employment that can be modified or ended for any reason that is not unlawful, at the will of the Appointing Authority.  At-will employment also means employment may be ended by the employee at any time.

Appointing Authority: The Appointing Authority for the purposes of this policy is a College manager authorized by the Board of Trustees of The Evergreen State College and the College President to approve exempt staff appointments.

Cyclic Position:  Cyclic exempt positions are positions scheduled to work less than twelve (12) full months each year, due to known, recurring periods in the annual cycle when the position is not needed or limited funding of the position.

Exempt Staff Positions: Any executive, administrative, professional, computer, and managerial staff position “exempted” by RCW 41.06.070. The College’s exempt staff positions are considered “at will” positions.

External Candidate:  An external candidate includes non-permanent or temporary employee of The Evergreen State College and individuals not currently employed by the College.

Internal Candidate:  An internal candidate is a regular, cyclic or project employee of The Evergreen State College who was hired into their current position through an open competitive recruitment, internal only recruitment, or the waiver process.

Project Exempt Position:  A position that is a full-time or part-time twelve month or cyclic exempt position supported on a short-term basis with grant, contract and/or College reserve funds for the completion of a specific project. Exempt project positions will normally last only for as long as the funding is available but not typically beyond the duration of the project.  Appointment to a project exempt positon is through an open competitive recruitment, internal only recruitment, or the waiver process. 

Regular Exempt Position:  A position that is established and funded on a regular or continuing twelve-month or cyclic basis at either a full-time or part-time level by the College. Appointment to a regular exempt positon is through an open competitive recruitment, internal only recruitment, or the waiver process. 

Temporary Exempt Position:  Temporary exempt positions are non-regular, unfunded positions that are needed for short period of time and are not expected to become continuing or regular positions.  

 

Exempt Position Salary Level Assignment

Exempt positions are assigned by Human Resource Services to a salary level in the College’s Exempt Compensation Plan. Human Resource Services will review the position description and determine the salary level and whether the position is overtime-eligible under federal and state laws. Human Resource Services will consult with the Appointing Authority prior to finalizing the assignment of the salary level.

 

Mechanisms for Exempt Position Appointments

1. Open Competitive Recruitment: Appointment to a regular, cyclic, or project exempt position vacancy may be made through an open competitive recruitment process, which allows for internal candidates to apply as well as includes targeted external candidate outreach and advertising to recruit a diverse and qualified candidate pool.

2.Internal-Only Recruitment:  An appointing authority may request use of an internal-only recruitment process for a regular, cyclic, or project exempt appointment when a sufficient number of qualified internal candidates exist.

3. Project Appointment Conversion to Regular Appointment:  The appointing authority, with approval from the divisional vice president, may convert a project position to a regular position.  If there is an incumbent in the project position at the time it is converted, the appointing authority may convert the incumbent’s project appointment to a regular appointment without having to go through another recruitment process or the exempt waiver process. 

4. Temporary Exempt Position Appointment:  Appointments may be made to a vacant regular, cyclic or project exempt position on a non-permanent or temporary basis due to the current incumbent’s incapacity or unavailability or to a non-regular, unfunded exempt position whenever a need exists to fill a position quickly. Temporary exempt position appointments are limited to up to one year in duration; however, an Appointing Authority, with divisional Vice President approval, may extend a temporary appointment for an additional six months under extraordinary circumstances.  A temporary exempt position appointment may not become a regular position or appointment except through an open competitive recruitment or the waiver process.

5. Exempt Waiver Appointment: Appointment by waiver is defined as an exception to the Exempt Staff Appointment procedure, where appointment to a regular, cyclic or project exempt position is made without a recruitment process.  Waiver appointments are made in accordance with the waiver request process described below.

 

Recruitment and Screening Process

Recruitment initiation for any exempt position will be authorized through submission of a Personnel Request Form along with a position description, which identifies the position purpose; essential functions; knowledge, skills and abilities; and necessary qualifications.  Human Resource Services will work with the Appointing Authority, or designee, to finalize the job description and plan the recruitment.

Human Resource Services is responsible for administration of the exempt recruitment and appointment process. Human Resource Services will ensure that the recruitment plan and the applicant screening and selection process comply with the U.S. Equal Employment Opportunity Commission’s “Uniform Guidelines on Employee Selection Procedures” and the requirements of the Washington State Human Rights Commission.

Recruitment Procedures:

1.     Position Vacancy Announcements: Position vacancy announcements for regular, cyclic and project exempt positions shall be published.  Human Resource Services will target the outreach effort, in cooperation with the Appointing Authority, to community and professional groups and organizations, in a way designed to recruit a diverse candidate pool.

2.     Application: Candidates must complete and submit all required application materials by the deadline in order to be considered for the position.

Selection Process:

The selection process will be a cooperative effort between Human Resources Services and the Appointing Authority and may be subject to hiring approval by the divisional Vice President. The search committee will make recommendations to the Appointing Authority based on candidates’ strengths and weaknesses. The Appointing Authority may elect to interview any or all of the candidates recommended prior to making a hiring decision.

Appointing Authorities, or designees, are responsible for conducting applicable reference checks and obtaining documentation of appointee’s relevant qualifications, including transcripts, diplomas, and credentials.  It is the responsibility of the candidate to furnish requested documentation.  Documentation will be retained in Human Resource Services.  In those cases where questions arise, the burden of proof concerning the validity of the documentation lies with the candidate, not the college.

Appointment Requirements: Exempt appointments shall be based on the position requirements, and therefore shall be made on the basis of a candidate’s qualifications and knowledge, skills and abilities necessary to perform the essential functions of the exempt position. Appointment to an exempt position shall only be made by an Appointing Authority.

In keeping with the RCW 43.43.830 and the College’s Background Check procedure, criminal system background checks required by either state law and/or college procedure will be conducted by Human Resource Services.  The cost for the background check will be the responsibility of the hiring department. 

Letters of Appointment: Human Resource Services will issue a formal Letter of Appointment/New Employee Letter after completion of the pre-employment background check.

 

Waiver Request Process

A waiver appointment may be made to a regular or project exempt position under certain limited, special circumstances. The waiver request process requires that the Appointing Authority to receive approval from their reporting divisional Vice President and submit the following to Human Resource Services:

§  Personnel Request Form;

§  Updated exempt position description;

§  Candidate’s resume; and

§  Narrative from the Appointing Authority which includes:

  • Explanation of the special circumstances prompting the request to fill the position by waiver, the rationale for appointing the proposed candidate on a waiver basis; and
  • Documentary evidence that the candidate has the necessary qualifications and knowledge, skills and abilities to perform the essential functions of the position.

Human Resource Services will verify that all documents are submitted and complete, conduct an exempt salary review, and forward the waiver request to the Exempt Waiver Committee.   

 

The Exempt Waiver Committee is composed of the President, Vice Presidents, Associate Vice President of Human Resource Services, and Equal Opportunity Administrator. The determination by the Exempt Waive Committee to approve or deny the waiver will be based upon the information submitted in the waiver request, as outlined above.

Authority: RCW 41.06.070

                  RCW 49.60; RCW 43.43.830

See Also:

                   Student Support Services Staff Collective Bargaining Agreement;

                   Background Check procedure; 

                   Affirmative Action Policy and procedures

Nondiscrimination Policy

End of Appointment for Exempt, Non-Faculty Staff Policy

 

       Human Resource Services