Waiver of Search Process

Ball State University (BSU) has a long-established practice of filling the majority of employment openings by conducting open, fair, and competitive searches.  Opening recruitment opportunities to the broadest audience possible allows the University to benefit from the vast experiences and diversity available in our communities.  However, on occasion, the University is faced with circumstances in which waivers of the open and competitive search process are appropriate.

To request a waiver of the search process, please contact our office to discuss your situation at (765) 285-1823.

If a waiver appropriate, complete Steps 1 through 3:

STEP 1: Document Business Need

  1. Please complete the Request for Waiver of Search Process Form indicating the type of waiver requested;
  2. Attach a written justification outlining the business need and answers to the questions specific to the type of waiver requested below; and
  3. Attach the current CV or resume of the prospective appointee and the proposed position description.

STEP 2: Select Waiver Type

Please provide the additional information requested below specific to the type of waiver requested.  Waivers are considered in the following situations:

  1. Emergency Circumstance: The department or unit is facing substantial challenges that require prompt and immediate hiring. Examples may include, but are not limited to: severe staffing shortage, short notice of exit by employee in a mission critical position, urgent need to increase staffing due to business shift based on strategic or mission critical changes, or a recently failed search.
    1. Explain the emergency circumstances that make an open and competitive search impractical.
    2. What would be the impact of an open and competitive search on the department?
    3. Would an interim or temporary appointment be appropriate? Why or why not?
    4. Would an expedited search meet your needs? Why or why not?
    5. Are there other qualified employees in the same department who may be interested in this position?If so, list those current employees (name, job title). Describe the strengths and opportunities for growth these existing employees would bring to the position.
    6. Is there a plan to backfill the position vacated?
    7. Does this appointment help to retain a valued employee? If yes, please explain.
    8. Has there been a failed search for this position in the last year?
    9. Are budgetary considerations helped by this assignment? If yes, please explain.
  2. Promotion: The movement of a current BSU employee to an open position that results in the advancement of the employee in level and or pay.
    1. What is the current position and title of the proposed appointee?
    2. Are there other qualified employees in the same department who may be interested in this position? If so, list those current employees (name, job title). Describe the strengths and opportunities for growth these existing employees would bring to the position.
    3. Is there a plan to backfill the position vacated or create a position at a similar level to the position vacated?
    4. Does this promotion help to retain a valued employee? If yes, please explain.
    5. Has there been a failed search for this position in the last year?
    6. Does the department face an emergency circumstance that this appointment remedies? If yes, please explain by addressing any relevant points listed under emergency circumstances below.
    7. Are budgetary considerations helped by this promotion? If yes, please explain.
  3. Reorganization: Adjustments to the structure of a unit or department that results in changes to many positions within that group.
    1. What has prompted the reorganization?
    2. What business needs will be met by this reorganization?
    3. What other positions will remain to be filled?
    4. What budgetary needs does the reorganization address? Please explain.
    5. For each individual shift, whether it is promotional, lateral or another category addressed in this situation, please respond to all questions related to the waiver requests for those situations.
    6. Please provide a before and after org chart.
  4. Lateral/Transfer: Movement of an employee from one position to another within the same work group or between workgroups, usually at the same level.
    1. What is the current position and title of the proposed appointee?
    2. Are there other qualified employees in the same department who may be interested in this position? If so, list those current employees (name, job title). Describe the strengths and opportunities for growth these existing employees would bring to the position.
    3. Is there a plan to backfill the position vacated?
    4. Does this lateral/transfer help to retain a valued employee? If yes, please explain.
    5. Has there been a failed search for this position in the last year?
    6. Does the department face an emergency circumstance that this appointment remedies? If yes, please explain.
    7. Is this lateral/transfer part of a reasonable accommodation under the ADA?
    8. Are budgetary considerations helped by this transfer? If yes, please explain.
  5. Position would not exist without appointee: Department or unit would not open a similar position were the appointee not available. Examples may include but are not limited to: uniquely qualified individuals who offer strengths that would advance the strategic needs of BSU and/or the hiring department; relocation of self-funded leaders in the field and their existing staff; and visiting faculty members.
    1. Are there other qualified employees in the same department who may be interested in this position? If so, list those current employees (name, job title). Describe the strengths and opportunities for growth these existing employees would bring to the position.
    2. Why would this position not exist without the appointee?
    3. Does this action help to retain a valued employee? If yes, please explain.
    4. Has there been a failed search for this position in the last year?
    5. Does the department face an emergency circumstance that this appointment remedies? If yes, please explain.
    6. Are budgetary considerations are relevant? Please elaborate.
  6. Dual-Career Hire: An offer of employment to the spouse/partner of a prospective BSU employee.
    1. Provide the name, department, and position of both the leading and trailing spouse/partner.
    2. Provide a copy of the signed offer letter for the leading spouse.
    3. Does the trailing spouse/partner meet the minimum qualifications for the position?
    4. If there are additional factors that should be considered, such as the unique qualifications of the individual or emergency circumstances in the department, please include information about that as well.
  7. Principal Investigator named in a grant: The proposed appointee has been designated as a principal investigator (PI) in a grant.
    1. Briefly explain the work of the grant and why the individual was named the PI, if known.
  8. Non-employee conducting work on behalf of BSU: The proposed appointee has been conducting work on behalf of BSU, but is not currently employed by BSU. Examples may include, but are not limited to, researchers working at another institution on a shared grant with BSU who, based on business need, require transfer to BSU employment; or private contractors for whom the bulk of their work is for BSU and who BSU has chosen to hire to do the same work on a more permanent basis.
    1. Explain the similarities and differences between the work the individual currently does for BSU and the work the individual would be doing in this position.
    2. Explain in detail the nature of the working relationship the individual currently has with BSU.
    3. What are the benefits of hiring this individual as a full-time employee at BSU?
    4. Are there other qualified employees in the same department who may be interested in this position? If so, list those current employees (name, job title). Describe the strengths and opportunities for growth these existing employees would bring to the position.
    5. Are budgetary considerations helped by this appointment? If yes, please explain.
  9. Other: The University recognizes that unique circumstances may occur outside the standard requests for a waiver of the search process other than those identified above. If the request for a waiver is based on other reasons, please provide a detailed explanation.

STEP 3: Submit Completed Waiver Documents to Employee Relations

  1. Employee Relations will compile and present to AVP of HR for review.
  2. AVP of HR will make a recommendation to the President.
  3. President will make the final determination regarding whether a waiver will be granted.

For questions regarding the Waiver of Search Process or the Request for Waiver of Search Process Form, please contact Employee Relations at (765) 285-1823.

03/11/2019