Oregon State University (OSU) 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 us to benefit from the vast experiences and diversity available in our communities.  However, on occasion, we are faced with circumstances in which non-competitive searches are appropriate (e.g. temporary staff appointments, academic wage appointments, approved waivers of unclassified search, and search exceptions).  

To receive consideration of a waiver or exception of the search process, the position must be unclassified AND the flowchart that captures OSU’s competitive search requirements must indicate that a non-competitive hire may be requested.  Additionally, the appointee must meet the minimum qualifications for the position.

To request a waiver of the search process, work with your business center staff to submit the following materials to the Office of Equal Opportunity and Access (EOA) through the recruitment system (PeopleAdmin).  Waivers generally can only be approved after HR has completed their review and approval and has forwarded the action on to EOA for full consideration.  If you would like to discuss your waiver request in advance, you may contact Affirmative Action Staff to discuss the viability of your request or ask questions regarding the process.

  • Letter of Justification for Waiver of the search process (use the links below to determine the best circumstance for your request and respond accordingly to the questions, if relevant.)
  • Current CV or resume of the appointee
  • Position Description
  • A before and an after organization chart may be requested by EOA.

When evaluating a request, affirmative action staff will consider the following factors:

  • Unique qualifications of the appointee
  • Emergency circumstances
  • Budgetary considerations
  • Retention of a valued employee
  • Identity status of the appointee and relevant placement goals
  • Support of current and prospective peers and leaders

Each situation below describes the most relevant information to provide in your written request.  Please address these questions in a form that helps us understand the broader context.  In cases where more than one situation applies, please address the relevant questions for all situations that apply.  Affirmative Action staff may have follow up questions and may contact you via phone or email.

Waivers may be permitted in the following situations:

  1. Dual-Career Hire
  2. Promotion of current employee
  3. Reorganization of a unit or department
  4. Lateral movement of a current employee or transfer of a current employee between workgroups
  5. Position wouldn’t exist without the appointee
  6. Emergency Circumstance
  7. Proposed appointee is a Principle Investigator on a grant
  8. Non-regular OSU employee doing OSU work
  9. Other

Dual-Career Hire

An offer of employment to the spouse or domestic partner of a current or prospective OSU employee

  • Provide the name, department, and position of both the leading and trailing spouse.
  • Provide a copy of the signed offer letter for the leading spouse.
  • Does the individual meet the minimum qualifications for the position?
  • If there are additional factors we should consider such as the unique qualifications of the individual or emergency circumstances in the department, please include information about that as well.
  • A before and an after org chart may be requested by EOA.

Promotion

A substantial alteration to a position that results in the advancement of an employee in level and or pay

  • What position would the individual be moving from?
  • What position would the individual be moving into?
  • Are there others in your department who are qualified for this position that 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.
  • Are you planning to backfill the position vacated or create a position at a similar level to the position vacated? If so, will you do so competitively?
  • Does this promotion help to retain a valued employee? If yes, please explain.
  • Have you had a failed recruitment for this position in the last year?
  • Does your department face an emergency circumstance that this appointment remedies? If yes, please explain by addressing any relevant points listed under emergency circumstances below.
  • Are budgetary considerations helped by this promotion? If yes, please explain.

Reorganization

Adjustments to the structure of a unit or department that results in changes to many positions within that group

  • What has prompted the reorganization?What business needs will be met by this reorganization?
  • What positions will remain to be filled?Will they be filled competitively?
  • What budgetary needs does the reorganization address?Please explain.
  • 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.
  • Please provide a before and after org chart.

Lateral/Transfer

Movement of an employee from one position to another within the same work group or between workgroups, usually at the same level

  • What position would the individual would be moving from?
  • What position would the individual be moving into?
  • Are there others in the department, the work group or the university who are qualified for this position that may be interested in the position?
    • If so, list those current employees (name, job title ) and describe the strengths and opportunities for growth these existing employees would bring to the position?
  • Are you planning to backfill the position vacated? If so, do you plan to do so competitively?
  • Does this lateral/transfer help to retain a valued employee? If yes, please explain.
  • Have you had a failed recruitment for this position in the last year?
  • Does your department face an emergency circumstance that this appointment remedies? If yes, please explain.
  • Is this lateral/transfer part of a reasonable accommodation under the ADA?
  • Are budgetary considerations helped by this transfer? If yes, please explain.

Position wouldn’t 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 OSU and/or the hiring department; relocation of self-funded leaders in the field and their existing staff; and visiting faculty members

  • Are there others in your department that are qualified for this position and may be interested in the position?
    • If so, list those current employees (name, job title) and describe the strengths and opportunities for growth these existing employees would bring to the position?
  • Why would this position not exist without the appointee?
  • Does this action help to retain a valued employee? If yes, please explain.
  • Have you had a failed recruitment for this position in the last year?
  • Does your department face an emergency circumstance that this appointment remedies? If yes, please explain.
  • Is the hire part of a reasonable accommodation under the ADA?
  • What budgetary considerations are relevant? Please elaborate.

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

  • Explain the emergency circumstances that make an open and competitive search impractical.
  • What would be the impact of an open and competitive search on your department?
  • Would an interim or temporary appointment be appropriate?Why or why not?
  • Would an expedited search meet your needs?Why or why not?
  • Are there others in your workgroup or in the university that are qualified for this position that may be interested in the position?
    • If so, list those current employees (name, job title ) and describe the strengths and opportunities for growth these existing employees would bring to the position?
  • Are you planning to backfill the position vacated? If so, will you do so competitively?
  • Does this appointment help to retain a valued employee? If yes, please explain.
  • Have you had a failed search for this position in the last year?
  • Are budgetary considerations helped by this assignment? If yes, please explain.

Principle Investigator named in Grant

The proposed appointee has been designated as a principle investigator (PI) in an OSU Grant

  • Briefly explain the work of the grant and why the individual was named the PI, if known.

Non-regular employee of OSU doing OSU work

The proposed appointee has been conducting work on behalf of OSU, but is not employed by OSU.  Examples may include, but are not limited to, researchers working at another institution on a shared grant with OSU who, based on business need, require transfer to OSU employment; or private contractors for whom the bulk of their work is for OSU and who OSU has chosen to hire to do the same work on a more permanent basis

  • Explain the similarities and differences between the work the individual currently does for OSU and the work the individual would be doing in this position.
  • Explain in detail the nature of the working relationship the individual currently has with OSU.
  • What are the benefits of hiring this individual as a full-time employee at OSU?
  • Are there others in your workgroup or in the university that are qualified for this position that may be interested in the 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?
  • Are budgetary considerations helped by this appointment? If yes, please explain.

Other

EOA recognizes that unique circumstances may occur outside the standard requests for a waiver of the search process other than those identified above.  If you require a waiver for other reasons, EOA will give full consideration to such a request. Talking with an affirmative action staff member prior to submitting a written request will help gauge the likelihood of waiver approval, explore other options and/or possibilities, and/or identify other considerations that may need to be addressed in the request letter

Revised May 3, 2017