Faculty Search Guide > Appendices > Appendix I: Search Waiver Guidelines

Appendix I: Search Waiver Guidelines

Berkeley Academic Personnel Guidelines: Search Waivers for Ladder Rank Faculty Appointments

Updated April, 2012

Academic personnel policy and U.S. Department of Labor Laws¹ require an open search for most regularly authorized academic appointments.  Conducting open searches is important to obtaining the highest quality academic appointees and ensuring equal opportunity in academic hiring.  This policy document clarifies the conditions under which it is appropriate to request a search waiver for ladder-rank faculty appointments.

Questions on search waivers should be directed to the Office for Faculty Equity & Welfare, 642-1935, admin.ofe@berkeley.edu or the Academic Personnel Office, 642-5626, appolicy@berkeley.edu .

Requirements

Approval for a search waiver will be granted only in rare circumstances, and at a minimum requires that the individual under consideration meets the high expectations for employment at Berkeley.  Requests will be considered on a case-by-case basis and must meet one of the following requirements:

1. Appointment of Opportunity: A search waiver will be considered for cases where there is an unusual opportunity to hire an individual who has qualifications that are so uniquely outstanding as to justify the waiver. In all these cases the candidate would be on the short list of top candidates if a full search were conducted, and the individual would be highly sought after by peer institutions. Examples would include an internationally recognized leader in a particular field (e.g., a Nobel Laureate or a Pulitzer Prize winner), an associate professor who is leading a new field of inquiry, an exceptional scholar who provides a rare opportunity to diversify the research portfolio of a unit or make other contributions to diversity in the unit, or a highly sought after individual who is on the market for a very limited time period.

   Requests must clearly explain why it is not possible to consider the candidate as an applicant in an open search (for example, the individual under consideration is available only for a limited period of time).

2. Diversity Opportunity: A search waiver will be considered if the candidate is a current or former Chancellor’s Postdoctoral Fellow or President’s Postdoctoral Fellow.  (See amendments to APM 210 July, 2005: http://www.universityofcalifornia.edu/senate/committees/ucaad/apm210.pdf ).
3. Partner/Spousal Opportunity: A search waiver will be considered if the successful recruitment or retention of a leading ladder-rank faculty candidate is ultimately dependent on an academic appointment for his or her spouse or partner. In these cases, the Partner Hiring Program Guidelines will be followed (http://facultyequity.chance.berkeley.edu/resources/fsg_appendixh.shtml). 

Procedure

Deans are encouraged to consult informally with the Vice Provost for the Faculty or the Associate Vice Provost for the Faculty about the case, prior to submitting a formal request.

Request for a search waiver under already authorized FTE: Formal requests should be sent to the Academic Personnel Office and addressed to the Associate Vice Provost for the Faculty.

Request for a search waiver and an off-cycle FTE: If the formal request for a search waiver is in the context of an off-cycle FTE request, it should be sent to the Academic Personnel Office and addressed to the Vice Provost for the Faculty. The Associate Vice Provost for the Faculty will evaluate the search waiver request and will collaborate with the Vice Provost for the Faculty and the Executive Vice Chancellor and Provost to evaluate the off-cycle FTE request. Units may be asked to prioritize the request in relation to other current or upcoming regular cycle requests. More information can be found at "Requesting off-cycle FTEs and changes to authorized FTEs" (http://facultyequity.chance.berkeley.edu/resources/fsg_appendixm.shtml).

The Office for Faculty Equity & Welfare will evaluate the justification for a search waiver in lieu of an open search using the criteria outlined above and take into consideration the department’s previous record with regard to equal opportunity hiring and open search practices.  If the search waiver is not approved, the case will be returned to the unit with a recommendation to conduct an open search.

¹ For more information, see U.S. Department of Labor, Office of Federal Contract Compliance Programs, Facts on Executive Order 11246 – Affirmative Action (http://www.dol.gov/ofccp/regs/compliance/aa.htm).