Search and Search Waiver Policy Summary

Procedures Effective August 1, 2015 for Faculty and Non-Faculty Academics

For more information, check out the entire search and search waiver policy.

Definitions:
Search:  Competitive recruitment opened via the AP Recruit System
Search Waiver: Request to appoint an academic appointee without conducting a competitive search
Exemption: Type of appointment that by UCSF policy does not require a search or a waiver

Search Policy Summary

When are searches required?
A competitive search in AP Recruit is required for:

• All academic appointees who are appointed at any percentage of time for 3 days or longer (see limited exemptions below)
• All academic appointees who are paid by UCSF affiliates (e.g. VAMC, Gladstone) and for whom a step will be assigned
• All external hires to an academic senate position and internal appointments and/or changes in series (CIS) from a non-senate faculty position. *
• When there is a change in the appointment status (e.g. break in service, change in series, department decides they would like to search the position).

*If the employee’s original search included the senate series for which they are now being proposed (regardless of rank), the change in series may be processed without conducting a new search and instead an indefinite internal search waiver may be processed by the Office of Faculty and Academic Affairs.

Exemptions: A search or search waiver is NOT required for the following types of appointments:

• Recall appointments
• Without Salary appointments (except senate or paid-by-affiliate appointments)
• Visiting professor/ visiting professional research series appointments
• Temporary appointments may be exempt from the search and search waiver process, ONLY if the candidate has accepted the offer for the permanent position and has either an approved search process report OR search waiver, for the permanent position on file in AP Recruit.

Search Procedures Summary

For more information, you can check out the entire academic recruitment procedures.

Committee Composition Requirements:

• Faculty Searches:
  • Must include core search committee and chair with no fewer than a total of 4 members. Recall faculty may serve if needed. Volunteer Clinical Professors and WOS faculty w/o step are prohibited from serving as core committee members.
  • All members, including chair, must be faculty, and at least one member must be from another UCSF dept.
  • Additional non-core members may include VCPs, WOS faculty w/o step, students, staff and NFA as appropriate, but will not be counted towards demographic of core committee.
  • For School of Medicine: The core search committee must include 50% underrepresented minorities or women. For School of Pharmacy & Dentistry: The core search committee must include 25% minorities or women. For School of Nursing: The core search committee must include 25% minorities or men.
• Non Faculty Academics (NFA) Searches:
  • Search committees are optional and not required. If the department elects to have a search committee for an NFA search, please contact your School for further guidance on committee composition.

Academic Recruitment Plan (ARP) and Search Process Report (SPR)

• Academic recruitment plans and search process reports are reviewed and approved in the AP Recruit system.
• Applicant shortlist report must be approved prior to interviews for all faculty searches; this does not apply to NFA searches.

Document Requirements:

• Selected Candidate Request Form:
  • Alan Chin's Departments
  • Ronald Ong’s Departments
  • Nancy Huynh's Departments
  • Philip Meisch's Departments

*Identify your Academic Recruitment Specialist before completing a request form.

• Copies of advertisements are required to be uploaded in AP Recruit for all searches.
  • Academic recruitment specialists will post ads on behalf of the department and upload copies of the ads into AP Recruit.
  • Departments that wish to post their own ads will be responsible for uploading copies of their ads, or receipts of payment.
  • All advertisements must include approved campus affirmative action language.

Document Submission:

• Recruitment related request forms must be submitted directly to your academic recruitment specialist, in the Office of Faculty and Academic Affairs.

Recruitment Details:

• NO changes to qualifications, title codes (including rank and series) or planned search efforts permitted once the recruitment plan is approved.*
  
  *Changes to department, responsibilities (e.g. residency director; clinic chief), location and other ad text will be permitted without additional advertising; however, Dean’s Office approval will be required for some changes. AP recruit will be updated automatically upon approval.

Posting Period Requirements:

• Minimum posting period for Faculty searches is 30 days.
• Minimum posting period for NFA searches is 15 days.
• Maximum posting period for all searches is 18 months; no extensions.

Applicant Management:

• Departments are required to use the applicant statuses and disposition reasons for all applicants in AP Recruit; SPRs will not be approved unless statuses and disposition reasons are completed.

Approval Authorities:

	Vice Chancellor Outreach & Diversity	Dean’s Office	Vice Provost, Office of Faculty & Academic Affairs
Academic Recruitment Plan – Faculty	X	X	X
Academic Recruitment Plan – NFA		X
Applicant Pool Review – Faculty	X
Applicant Pool Review - NFA	(none required)
Search Process Report – Faculty		X	X
Search Process Report – NFA		X

Search Waiver Policy Summary

For more information, including the expedited search process, check out the entire search and search waiver policy.

Search Waivers are indefinite unless otherwise noted and may only be granted if one of the following criteria is met:

NON-SENATE FACULTY AND NON-FACULTY ACADEMICS

1. Urgent Patient Care Need: The appointment would alleviate a critical, unforeseen, and ongoing need in a specific area of patient care.
2. Spousal/ Partner Hire: The successful recruitment or retention of a senate faculty member or a member of the senior management group (SMG) is ultimately dependent on an academic appointment for his or her spouse/partner.
3. Continuation of Training: The candidate is a trainee of the campus (e.g., undergraduate or graduate student, postdoctoral scholar, fellow) who remains for a short period of time to complete a research project begun while in student or trainee status, or for a trainee who is hired by the campus to complete a clinical training program. Continuation of training search waivers are made for a limited period of time, not to exceed 2 years. Individuals on K training awards may apply for a search waiver under this criterion, however the duration of the waiver will be limited to the duration of the award.
4. PI/Co-PI/Leadership Status: The candidate will be paid 50% time or more of their 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 a non-federal extramural fund (e.g. lead investigator on a clinical trial).
5. Research Team: A candidate is part of the existing research team of a new faculty member. (Follow expedited search guidelines)
6. Multiple Affiliated Employers: If an open search has been conducted by a UCSF affiliate (e.g. VAMC, Gladstone) that substantially meets the requirements of a UCSF faculty search, the appointee may be granted an expedited search for the UC position. (Follow expedited search guidelines)

SENATE FACULTY

1. President’s and Chancellor’s 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.
2. Target of Excellence: For cases where there is an unusual opportunity to hire an individual whose unique qualifications and extraordinary promise or accomplishments will contribute significantly to the excellence of the academic mission of the University and the qualifications of the candidate are demonstrably at the level that meets the UCSF standard of excellence. (Follow expedited search guidelines)
3. Spousal/ Partner Hire: The successful recruitment or retention of a senate faculty member is ultimately dependent on an academic appointment for his or her spouse/partner. (Follow expedited search guidelines)
4. Multiple Affiliated Employers: If an open search has been conducted by a UCSF affiliate (e.g. VAMC, Gladstone) that substantially meets the requirements of a UCSF faculty search, the appointee may be granted an expedited search for the UC position. (Follow expedited search guidelines)

Search Waiver Procedures

AP Recruit System:

• Search Waivers reviewed and approved in AP Recruit system; academic recruitment specialist uploads waiver info from department.

Document Requirements:

• New forms for requesting an electronic search waiver:
  • Search waiver request form
  • Explicit justification required for all criteria as stated on the form

Document Submission Changes:

• Search wavier related request forms must be submitted directly to your academic recruitment specialist.

Approval Authorities:

	Dean’s Office	Vice Chancellor Outreach & Diversity	Vice Provost, Office of Faculty & Academic Affairs
Search Waivers – Non-Senate Faculty & Non-Faculty Academics		X
Expedited Searches – All Faculty	X	X	X

SB 791 and AB 810 Disclosure and Release Forms

FAQs: Misconduct Disclosure Requirements for Proposed Hires Under California SB 791 and AB 810
October 10, 2024 – Issuance

The below frequently asked questions (FAQs) aim to address common questions and concerns related to the misconduct disclosure requirement and institutional reference check under California SB 791 and AB 810, emphasizing the importance of maintaining a safe and professional environment at the University of California.

1. What is California SB 791 and AB 810?

California SB 791 is a legislative bill that mandates applicants for academic or administrative positions to disclose any final administrative or judicial decisions issued within the last seven years determining that they committed sexual harassment.

California AB 810 is a legislative bill that mandates applicants for tenure-track and tenure positions to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the UC location concerning any substantiated allegations of misconduct in order to permit the UC location to evaluate the released information with respect to the criteria for a potential job placement. The bill further requires the UC to use the signed release form to make a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.

2. How do these new laws impact the UC?

In response, the University will implement these bills by:

a. Requiring all proposed hires to disclose any final administrative or judicial decisions issued within the last seven years from the date of submission of an employment application determining that the proposed hire committed misconduct, including sexual harassment.

   1. Proposed hires will also be permitted to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.

b. Requiring all proposed hires in the Professor series or Professor of Teaching series to sign a release form that authorizes the release of information by the proposed hire’s previous employers to the UC location concerning any allegations of misconduct in order to permit the UC location to evaluate the released information with respect to the criteria for a potential job placement. The release form is required for all employees if the UC location wishes to follow-up with a prior employer.

c. Requiring all locations to use the signed release form to make a reasonable attempt to obtain information from the previous employer concerning any allegations of misconduct for all proposed hires in the Professor series or Professor of Teaching series regardless of the proposed hire’s responses in the misconduct disclosure questionnaire.

3. When is this effective?

The University of California is implementing SB 791 and AB 810 effective January 1, 2025. This means all academic recruitments opened on January 1, 2025, and thereafter, are subject to the misconduct disclosure requirements, and authorization release and prior employer follow-up where applicable.

Not all academic recruitments are processed within UC Recruit, such as search waivers and exemptions (e.g., volunteers). In those situations, effective January 1, 2025, all proposed hires are subject to the misconduct disclosure requirements, and authorization release and prior employer follow-up where applicable.

4. Why do we require this misconduct disclosure from all proposed hires?

Requiring this misconduct disclosure ensures a safe and respectful environment for all students, faculty, other academic appointees, and staff. It helps the institution identify individuals with a history of sexual harassment, thereby protecting the community and maintaining a professional and safe working and learning environment.

5. Who needs to comply with this requirement?

Proposed hires for academic or administrative positions at the University of California must comply with this requirement. This includes positions at all levels, ranks, and steps for all academic series appointees. At a minimum, the proposed hire will be required to submit the misconduct disclosure questionnaire. For some recruitments, this may be required earlier in the recruitment process (e.g., shortlist or interview stages).

a. Does this include volunteers and Contingent Workers (CWRs)?
Yes, a misconduct disclosure is required as part of onboarding volunteers and contingent workers.

b. Does this include reappointment in the same title series?
No, the academic appointee is not required to disclose at the time of reappointment in the same academic series.

c. Does this include a change of series from one academic series to another at the same UC campus (i.e., postdoctoral scholar to assistant specialist)?
Yes, if the academic appointee was not previously required to disclose at the time of appointment in their previous academic series. However, shifts between TA and GSR appointments in the same hiring unit do not require a new misconduct disclosure.

d. Does this include moving from a WOS position to a paid position in the same series, for example, from an Adjunct WOS to a paid Adjunct?
Yes, if the academic appointee in the WOS position was not previously required to disclose at the time of appointment in the WOS title.

e. Does this include employees who are transferring from a different UC campus?
Yes.

f. Does this include FTE transfers within a UC campus? Can the UC require misconduct disclosure from a current UC employee as part of the new normal hiring process?
While not required by law, it is recommended that each hiring unit exercise their due diligence when hiring from even within the same campus. Hiring units can require misconduct disclosure from all proposed hires even if the proposed hire is a current UC employee.

6. What types of decisions need to be disclosed?

Proposed hires must disclose any violation of the policies or laws governing conduct at a candidate’s previous place of employment, including, but not limited to, violations of policies or laws prohibiting sexual harassment, sexual assault, or other forms of harassment, discrimination, dishonesty, or unethical conduct as defined by the previous employer. This includes decisions from educational institutions, employers, courts, or other relevant bodies.

7. How recent must these decisions be to require misconduct disclosure?

Only decisions issued within the last seven years from the date of application submission need to be disclosed.

8. Where will the completed misconduct disclosures be stored and how long will they remain in our archives?

The misconduct disclosures will be retained by the University in the personnel file and according to the disposition of records for personnel files when a proposed hire is hired by the University. The misconduct disclosures will be retained by the University according to the disposition of records for recruitment files when a proposed hire is not hired by the University.

9. What happens if a candidate fails to disclose such decisions?

Failure to disclose required information can result in disqualification from the recruitment or appointment process, or termination of employment if the omission is discovered after hiring. It is crucial for maintaining integrity and trust in the hiring process.

10. How will the disclosed information be used?

The disclosed information will be reviewed as part of the overall assessment of the proposed hire's suitability for the position. It will be handled with confidentiality and used solely for the purpose of evaluating the proposed hire's qualifications and ensuring the safety of the academic community.

11. Who is involved in the decision-making process if a proposed hire discloses prior misconduct?

Each location will develop a confidential decision-making and communication process.

a. Will disclosure of prior misconduct automatically disqualify a proposed hire?
Not necessarily. The disclosed information will be reviewed as part of the overall assessment of the proposed hire's suitability for the position.

12. If the candidate is a proposed hire for a position subject to a campus’s Institutional Reference Check (IRC), will the proposed hire also undergo the IRC process or does this satisfy that requirement?

A separate process is not required to satisfy SB 791 and AB 810 as long as the institutional reference check process includes the requirements of SB 791 and AB 810.

13. What steps does the University take to ensure fairness in this process?

The University is committed to fair and equitable hiring practices. Each misconduct disclosure will be reviewed in context, considering the severity of the incident, the proposed hire's actions since the decision, and other relevant factors. The goal is to balance transparency and accountability with fairness and rehabilitation.

14. Will this delay our recruitments?

Delays should be minimal with the active engagement of the proposed hire(s) in the misconduct disclosure process. As each location develops their confidential decision-making and communication process, the campus will consider the timeliness of decisions and communication to avoid significant delays in hiring while also ensuring the safety of the academic community.

15. How does this requirement align with the University’s commitment to a safe and inclusive environment?

By enforcing this requirement, the University of California demonstrates its commitment to fostering a safe, respectful, and inclusive environment for everyone. It helps ensure that individuals with a history of misconduct, including sexual harassment, are identified and assessed appropriately, upholding the values and integrity of the academic community.

16. Is every proposed hire required to complete a misconduct disclosure?

No. Only those proposed hires the University of California has determined meet the minimum employment qualifications may be required to complete a misconduct disclosure. At a minimum, all proposed hires must complete the misconduct disclosure.

17. Is every proposed hire required to complete a release form?

A release form may be a required part of the application materials for all academic recruitments. The release form is required for all tenure-track/tenured and potential/security of employment faculty positions.