2017 Inclusion Advocates 101816

Inclusion Advocates (IAs)

INCLUSION ADVOCATE RESOURCES

The following information has been compiled for Inclusion Advocate training sessions. The materials include the history of this program and description of the IA roles. This information is supplemented and updated as needed.

Section 1. SVSU INCLUSION ADVOCATES ‐ History 2. LEGAL GUIDELINES & DEFINITIONS 3. SCREENING & HIRING PROCESS 4. SVSU RESOURCES 5. SAMPLE FORMS 6. DIVERSITY AND INCLUSION REFERENCE ARTICLES 7. RECRUITMENT RESOURCES

Inclusion Advocates (IAs)

SVSU INCLUSION ADVOCATES ‐ History

This section contains supporting information about SVSU and the history of the Inclusion Advocate Program, developed from the input and support of SVSU leaders. Studies and activities occurring during the planning stages in 2008 and 2009 that led to the current Inclusion Advocate Program at SVSU, are also included in this section.

Section Contents 1.

Mission, Vision, Strategic Core Values

2.

2.5‐2 SVSU Anti‐Harassment/Discrimination Policy

3.

3.6‐1 Sexual Misconduct Policy

4.

IA Roles and Responsibilities

5.

Office of Diversity Programs (http://www.svsu.edu/diversity/)

6.

Higher Education in Diversity Award (HEED) ‐ 2013

7.

SVSU Current Hiring Processes: Faculty and Administrative Vacancies, Fall, 2008

8.

Inclusion Advocates for Search and Hiring Committees

(slide presentation to SVSU leaders, October, 2008)

1

Mission

The University creates opportunities for individuals to achieve intellectual and personal development through academic, professional, and cultural programs. By fostering an environment of inquiry and openness that respects the diversity of all whom it serves, the University prepares graduates whose leadership and expertise contribute to the advancement of a pluralistic society. The University serves as a cultural and intellectual center dedicated to the pursuit and propagation of knowledge.

Vision

The University will provide academic, professional, and cultural programs at the highest level of quality and service; it will achieve national recognition for its programs of distinction. The University’s graduates shall distinguish themselves and their University through meritorious service, accomplishments, and leadership in the economic, cultural, and civic affairs of a diverse and global society. Through exemplary teaching, research, and engagement with the greater community, the University will also be the premier cultural and intellectual resource for the region’s schools, governments, businesses, and people.

- Adopted by the Board of Control on March 21, 2005

SVSU Strategic Planning Core Values

Collaboration Diversity Ethical Community Excellence Learning Opportunity

Page 1

http://www.svsu.edu/operationsmanual/ employeerelations/252discrimination,sexu alharassment&racialh/

2.5-2 ANTI-HARASSMENT/DISCRIMINATION POLICY Article I. Purpose Saginaw Valley State University (“University”) is committed to providing work and learning opportunities without regard to age, color, disability, gender identity, genetic information, height, marital status, national origin, race, religion, sex (including pregnancy), sexual orientation, veteran status, weight, or on any other basis protected by state, federal, or other applicable law, and to achieving its objectives in compliance with applicable federal, state and local laws and regulations that prohibit discrimination.

Article II. Prohibition of Unlawful Discrimination/Harassment Discrimination Prohibited It is the University's policy to treat faculty, staff and students equally without regard to any personal characteristic protected by applicable law.

Sexual and Other Harassment Prohibited The University is committed to maintaining an environment where no individual, including, but not limited to, faculty, staff, students, applicants for employment, contractors, customers, consultants, visitors, or vendors experiences sexual harassment or harassment based on any personal characteristic protected by applicable law. The University will respond promptly to reports of violations of this policy.

The Law and the University's Policy The law defines "sexual harassment" as unwelcome sexual advances, request for sexual favors, or verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment, education, housing or participation in any University activity; or (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's employment, education, housing or participation in any University activity by creating an intimidating, hostile, humiliating or sexually offensive environment. It is the University’s policy to vigorously enforce these prohibitions.

Article III. Reporting and Investigation Reports of Prohibited Conduct: 1. Any individual who believes that he or she has been subjected to conduct prohibited by this policy by any University officer, employee, student, contractor, visitor, vendor, or

2

other person should report the inappropriate conduct to the University. Individuals are encouraged to report prohibited conduct before it becomes severe or frequent.

2. An individual may report the prohibited conduct, either in person or in writing, to his or her supervisor. Alternatively, an individual may report a violation of this policy by contacting the officer to whom the supervisor reports, to the Office of Diversity Programs or Human Resources. Under no circumstances is anyone required to report prohibited conduct to a person he or she believes may be responsible for that conduct.

3. Individuals who become aware of or observe any conduct or incident that could be construed as a violation of this policy must report promptly such conduct or incident(s) to the Office of Diversity Programs or Human Resources.

Investigation and Corrective Measures: 1. The University will investigate all reports of conduct prohibited by this policy as promptly as possible. The University expects employees and students who are contacted in the course of an investigation to cooperate fully, and to answer questions honestly and completely. The individual who made the report will be advised generally of the results of the investigation.

2. Any employee or student who is found to have engaged in conduct prohibited by this policy will be subject to appropriate disciplinary action, up to and including termination of employment or enrollment. In addition, appropriate corrective measures will be taken when a contractor, customer, consultant, visitor, vendor or other person is found to have engaged in conduct prohibited by this policy.

3. Discipline issued to any employee will be subject to the terms of any applicable grievance procedure. Discipline issued to a student will be subject to the procedures as outlined in the Code of Student Conduct.

Article IV. Retaliation Prohibited Retaliation in any form against an individual who reports a violation of this policy, or who provides information in the course of an investigation of a reported violation, is strictly prohibited and will not be tolerated.

Article V. Confidentiality The University is committed to investigating and resolving reports of violation of this policy in such a way as to maintain confidentiality to the fullest extent permitted by the circumstances and to the extent permitted by law. Individuals who report violations or who are contacted in the course of an investigation are expected to treat reports of violations or information regarding reports as strictly confidential. A breach of confidentiality may result in disciplinary action up to and including termination of employment.

Adopted 4/07/86 BC Revised 8/12/11 PRES Revised 4/01/15 PRES

3

3.6-1 Sexual Misconduct Policy Table of Contents I. II. III. IV. V. VI. VII. VIII. IX.

Introduction General Statement of Policy Requirements and Notice of Non-Discrimination under Title IX Scope of Policy Role of Title IX Coordinator Prohibited Conduct and Definitions Prohibited Relationships by Persons in Authority Procedures-Filing a Report Sanctions Resources

I. Introduction Saginaw Valley State University (SVSU) is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct.

Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated. SVSU also strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims. They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education. It is the policy of SVSU that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation and to take appropriate corrective action. This includes working with State and local law enforcement to bring possible criminal charges, and seeking disciplinary action through the University.

II. General Statement of Policy Requirements and Notice of NonDiscrimination under Title IX This policy is intended to provide clarity on how SVSU prevents, investigates, and addresses incidents of sexual misconduct consistent with its values and with requirements of Title IX of the Educational Amendments Acts of 1972, the Elliott-Larsen Civil Rights Act, The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable federal, state, and local laws.

SVSU encourages the reporting of sexual misconduct that is prompt and accurate. This allows the University community to quickly respond to allegations and offer immediate support to the victim. SVSU is also committed to protecting the confidentiality of victims, and will work closely with persons who wish to obtain confidential assistance regarding an incident of sexual misconduct. Certain professionals at SVSU (Student Counseling Center representatives) are permitted by law to offer confidentiality. Those who do not maintain the privilege to offer confidentiality (responsible employees) are expected to keep reports private to the extent 1

permitted under the law and University policy. This means that they may have to report to SVSU officials, but will not disclose the information beyond what is required by law and policy. All allegations will be investigated promptly and thoroughly, and both the victim and the accused will be afforded equitable rights during the investigative process. It is the collective responsibility of all members of the SVSU community to foster a safe and secure campus environment.

In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the University engages in ongoing prevention and awareness education programs. All incoming students and employees are required to participate in these programs, and all members of the University community are encouraged to participate throughout the year in ongoing efforts focused on the prevention of sexual misconduct on campus. This policy does not supersede or negate other applicable SVSU policies relating to sexual misconduct, including the University's Anti-Harassment/Discrimination policy.

III. Scope of Policy Who: This policy applies to all members of the SVSU community, including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (this may be someone who witnessed an incident or who wishes to report an incident on behalf of another).

What: This policy prohibits all forms of sexual misconduct. This broad term includes, but is not limited to, acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, and stalking. Please refer to the Definitions section for a complete list of terms and prohibited acts.

Where: This policy covers conduct that takes place on the University campus. This includes any building or property owned or controlled by SVSU and used in direct support of, or in a manner related to, the school’s educational purposes, including residence halls, dining halls, and public property within or immediately adjacent to and accessible from campus. This also includes any building or property not within the same reasonably contiguous geographic area of SVSU that supports or relates to the school’s educational purposes and is frequently used by students. This policy also covers conduct that takes place off-campus if the sexual misconduct affects the participation by a member of the SVSU community in a University activity.

Programs: This policy covers all educational, extracurricular, athletic, or other campus programs.

Activities: This policy covers all campus and school-related activities, including, but not limited to, student organizations (academic, Greek, multicultural, religious, service, social and support, sports and recreational), community organizations with student and/or faculty participation, and all other educational or extracurricular events hosted by or at the University.

Relationships: This policy covers sexual misconduct occurring between individuals in various types of relationships. These include, but are not limited to, student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to faculty/staff, faculty member to student, staff to student, supervisor to subordinate, and coach to student athlete. Sexual 2

misconduct may be acts committed by an individual or collective actions committed by members of a group or organization. These acts may be committed against an individual or against a group or organization. These acts may be committed by a stranger, an acquaintance, or someone with whom the victim has a social, romantic, or intimate relationship.

Confidentiality: The University is committed to maintaining the privacy of all individuals involved in a report of sexual misconduct. While SVSU encourages victims to report an incident of sexual misconduct, there are many options available for students to speak with someone about what happened while maintaining confidentiality. Please see http://www.svsu.edu/studentcounselingcenter/.

Training: Persons responsible for handling sexual misconduct investigations will undergo annual training. SVSU will offer prevention and awareness programs relating to sexual misconduct to new students, faculty, and staff, on an as needed basis.

SVSU will offer periodic programs focused on informing the campus community regarding sexual misconduct issues throughout the year.

IV. Role of the Title IX Coordinator SVSU has designated Dr. Mamie T. Thorns, Special Assistant to the President for Diversity Programs, to serve as the University's Title IX Coordinator. The Title IX Coordinator shall be notified of all sexual misconduct complaints by the University employee who took the complaint in order for the Title IX Coordinator to oversee the complaint processes and any accommodations for any student or employee. The Title IX Coordinator is: •

• • •

•

• •

• •

Responsible for overseeing investigations of sexual and gender-based harassment and dating/domestic violence, or stalking involving all community members (student, faculty, staff, administrators, visitors and third parties) Responsible for monitoring and overseeing the University’s compliance with Title IX and relevant VAWA provisions Knowledgeable and trained in University policies and procedures and relevant state and federal laws Available to advise any individual, including a Complainant, a Respondent or a third party, about the courses of action available at the University, both informally and formally, and in the community Responsible for overseeing and providing reasonably available interim measures that protect a Complainant and assure equal access to university programs and activities, including educational and employment opportunities Responsible for administering and communicating the grievance procedures Available to provide assistance to any University student, employee or third party regarding how to respond appropriately to a report of sexual or gender-based harassment or violence, dating/domestic violence or stalking Responsible for monitoring full compliance with all procedural requirements, record keeping and timeframes outlined in this policy Responsible for coordinating and oversight of outreach education or training to increase awareness and prevention of sexual and gender-based harassment and violence, dating/domestic violence and stalking throughout the campus community. Inquiries or 3

complaints concerning the application of Title IX or Title VII may be referred to the University’s Title IX Coordinator and/or the appropriate external agency.

V. Prohibited Conduct and Definitions The University prohibits all forms of sexual harassment and violence, dating/domestic violence, and stalking prohibited by Title IX and the Violence Against Women Act (VAWA). The University will treat attempts to commit any prohibited conduct as if those attempts had been completed. Within these broad categories, the University prohibits the following forms of conduct: Coercion: The improper use of pressure to compel another individual to initiate or continue sexual activity against the individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation or gender identity and threatening to harm oneself if the other party does not engage in the sexual activity.

Consent: For the purposes of this policy, consent to sexual activity is defined as: a clear, unambiguous, and voluntary communication of willingness to engage in specific sexual acts or behavior, expressed by words or clear, unambiguous action. Consent cannot be inferred from the absence of a “no.” A clear “yes,” verbal or otherwise, is necessary. Silence, passivity, past consent, or lack of active resistance does not imply consent.

No person shall engage in the sexual assault of any student, faculty, or staff member or others in the University community nor shall a person engage in conduct that threatens, intimidates or endangers the health, safety, or welfare of any such person. Sexual assault includes intentional bodily contact that is without consent and/or by force (either by body part or by object) with the breasts, buttocks, groin, inner thigh, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.

Consent must be clear and unambiguous for each participant throughout any sexual encounter.

Consent to some sexual contact does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Consent cannot be obtained by intimidation, threat, coercion, or force, and agreement given under such conditions does not constitute consent.

Dating/Domestic Violence: No person shall engage in acts of dating/domestic violence.

Dating/domestic violence constitutes behavior or physical force that intimidates, manipulates, isolates, frightens, terrorizes, coerces, threatens, hurts, injures or wounds someone in order to obtain and/or maintain power or control over another. It is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the other person and where the existence of such a relationship is determined based upon the length of the

4

relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Dating/Domestic Violence includes: Felony or misdemeanor crimes of violence committed by a current or former spouse of the injured person; by a person with whom the injured person shares a child in common; by a person who is cohabitating with or has cohabitated with the injured person as a spouse or intimate partner; by a person similarly situated to a spouse of the injured person under the domestic or family violence laws of the State of Michigan, or by any other person against an adult or youth who is protected from that person’s acts under the domestic or family violence laws of the State of Michigan. These definitions do not require sexual contact between partners.

Force: the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request.

However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.

Harm to Others: Words or types of conduct that threaten or endanger the health or safety of any person including physical abuse, verbal abuse, threats, intimidation and/or harassment. This behavior is typically treated as a violation of the Student Conduct Code or applicable employment policy. However, acts which constitute harm to others that are a form of sexual or gender-based harassment and violence, intimate partner violence, or stalking will be resolved under this policy.

Incapacitation: A state where an individual cannot make an informed and rational decision to engage in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. An individual is also considered incapacitated, and therefore unable to give consent, when asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation may result from the use of alcohol and/or other drugs. Consumption of alcohol or other drugs, impairment, inebriation or intoxication are insufficient to establish incapacitation.

The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s: • • • •

Decision-making ability; Awareness of consequences; Ability to make informed judgments; or Capacity to appreciate the nature and the quality of the act.

Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated when viewed from the position of a sober, reasonable person. In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual and gender based 5

harassment and violence, intimate partner violence, or stalking and does not diminish one’s responsibility to obtain consent.

Non-Consensual Sexual Contact: Having sexual contact with another individual: • • •

By force or threat of force; Without consent; or Where that individual is incapacitated. Non-consensual sexual contact includes intentional contact with the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.

Responsible Employees: SVSU employees who are required to report the details of a potential sexual misconduct incident to the Title IX Coordinator. A report to a Responsible Employee constitutes a report to SVSU. Retaliation: Acts, words or attempts to take adverse action against the Complainant, Respondent, or any individual or group of individuals because of their good faith complaint or participation in an investigation and/or resolution of an allegation of prohibited conduct.

Retaliation can be committed by any individual or group of individuals, including, but not limited to a Respondent or Complainant. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.

Sexual Assault: Having or attempting to have sexual intercourse with another individual: • • •

By force or threat of force; Without consent; or Where that individual is incapacitated. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.

Sexual Exploitation: Occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of Sexual Exploitation include, but are not limited to: •

•

• • •

Surreptitiously observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved; Non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved; Exposing one's genitals or inducing another to expose their own genitals in nonconsensual circumstances; Knowingly exposing another individual to a sexually transmitted disease or virus without their knowledge; Sexually-based bullying; and

6

•

Inducing incapacitation for the purpose of making another person vulnerable to nonconsensual sexual activity.

Sexual Harassment: Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (1) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a University program or activity; or (2) Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work, academic performance, housing/residential environment, i.e. it is sufficiently serious, pervasive or persistent as to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment. Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, even if those acts do not involve conduct of a sexual nature. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical.

Stalking: No person shall engage in acts of stalking. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress because of fear, intimidation, apprehension or threat. It is the willful course of conduct over time that involves repeated or continuing harassment made against the expressed wishes of another

VI. Prohibited Relationships by Persons in Authority Sexual or romantic relationships in which one party maintains a direct supervisory or evaluative role over the other party are prohibited. In general, this includes all sexual or romantic relationships between students and their employers, supervisors, professors, coaches, advisors, or other non-student University employees. Similarly, University employees (faculty and staff) who supervise or otherwise hold positions of authority over others are prohibited from having a sexual or romantic relationship with an individual under their direct supervision. Faculty, administrators, and others who educate, supervise, evaluate, employ, counsel, coach or otherwise guide students or subordinates should understand the fundamentally asymmetrical nature of the relationship they have with students or subordinates. Romantic or sexual relationships where there is differential in power or authority produce risks for every member of our community and undermine the professionalism of faculty and supervisors. In either context, the unequal position of the parties presents an inherent element of risk and may raise sexual harassment concerns if one person in the relationship has the actual or apparent authority to supervise, evaluate, counsel, coach or otherwise make decisions or recommendations as to the other person in connection with their employment or education at the University.

Sexual relations between persons occupying asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment based on changes in the perspective of the individuals as to the consensual nature of the relationship.

Similarly, these relationships may impact third parties based on perceived or actual favoritism or 7

special treatment based on the relationship. Therefore, persons with direct supervisory or evaluative responsibilities who contemplate beginning or are involved in such relationships are required to promptly: 1) discontinue any supervising role or relationship over the other person; and 2) report the circumstances to their direct supervisor. Failure to fully or timely comply with these requirements is a violation of this policy, and the person in authority could be subject to disciplinary action, up to and including dismissal from employment by the University.

The University does not intend to interfere with private choices regarding personal relationships when these relationships do not violate the goals and policies of the University. Any individual may file a complaint alleging harassment or discrimination, including an aggrieved party outside the relationship affected by the perceived harassment or discrimination. Retaliation against persons who report good faith concerns about consensual relationships is prohibited and constitutes a violation of this policy.

VII. Procedures-Filing a Report A report of sexual misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, sexual assault, or stalking may be made to the following offices: 1. Criminal complaint: o o

University Police (989-964-4141) Saginaw County Sheriff (989-797-4580)

2. Institutional complaint: o o o o o o

Title IX Coordinator (989-964-4068) Associate Provost for Student Affairs/Dean of Students (989-964-4410) Associate Dean for Student Affairs/Student Conduct Program (989-964-2220) Human Resources Director (989-964-4209) Associate Director of Athletic Department/ Senior Women's Administrator (989964-7311) University Ombudsman (989-964-4166)

A person may file a complaint with one or more offices, and each office is prepared to assist the student with deciding on where to follow up with complaints. •

Filing a Complaint with a State and/or Federal Agency: A person who is not satisfied with the University’s handling of a complaint, may also file a complaint with federal and state agencies.

A sexual misconduct report may be made by the person who believes they have experienced sexual misconduct or by a person who has information that sexual misconduct may have been committed by a University student, faculty, staff member or other person in the University community.

To encourage reporting, individuals who in good faith report conduct prohibited by this policy, either as a Complainant or a witness, will not be subject to disciplinary action by the University 8

for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The University may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

To promote prompt, thorough, and effective investigations, the University strongly encourages reporters and complainants to report possible incidents of sexual misconduct within 180 calendar days following the last occurrence of the misconduct. Although the Title IX Coordinator may conduct an investigation based on a report made after 180 days of the last occurrence of the behavior, the lapse of time may make it more difficult to gather relevant and reliable information.

Procedures Applicable to Specific Complaints: 1. Criminal complaints: the State of Michigan and/or federal law will apply, and the matter will follow the criminal processes through a police investigation, a referral to the Prosecutor’s Office for prosecution and the criminal court system for resolution.

2. Institutional complaints: the complaint will be handled through the University’s Title IX and/or Anti-Harassment/Discrimination Policy and Procedures, where applicable.

3. Student Disciplinary complaints: the complaint will be handled pursuant to the University’s Code of Student Conduct.

4. Employee Disciplinary complaints: the complaint will be handled through the Office of Human Resources, in accordance with its procedures.

If the reporter or complainant chooses not to participate in the University investigation of the report, the University may, as described below, pursue the report without that person’s participation.

The University’s Response to Incidents of Sexual Misconduct Upon receipt of a report of sexual misconduct, the University will proceed as described below:

Services After an allegation that an act of sexual misconduct has occurred, including any act of dating violence, domestic violence, sexual assault, or stalking, the University offers students a range of protective measures. The University will provide written notification to victims about options for, available assistance in, and how to request changes to: 1. Resources for Immediate Assistance: The information below provides contacts for trained on- and off- campus persons who can provide an immediate confidential response in a crisis situation. Also provided are emergency numbers for on- and off- campus safety, law enforcement, and other first responders.

2. Confidential Resources: The University encourages all members of the community to report any incidents of sexual misconduct; however, there are several confidential 9

3.

4.

5.

6.

7.

8.

resources available to students who are not yet ready to report an incident. Please see http://www.svsu.edu/studentcounselingcenter/. These individuals can help a victim obtain needed resources, explain reporting options, and assist in navigating the reporting process. These resources are required by law to keep all communications confidential without an individual’s express consent to release information or as otherwise required by law.

Campus Resources: These are resources provided by the University community offering intervention services, counseling, academic support, and medical services. These resources are not bound by confidentiality, but will work together to maintain individual privacy. On-Campus: University Police, Title IX Coordinator, University Health Center, Dean of Students.

Community Resources: These are resources located off-campus in the local community offering intervention services and counseling. Information regarding these resources can be found at the website for the University's Title IX Program.

Health Care Resources: Medical assistance is available Monday through Saturday 8AM-8PM, Sunday 9AM-6PM, Holidays 9AM-3PM by calling 989-583-0285. Every victim has the option to seek treatment for injuries sustained during an incident of sexual misconduct, preventative treatment for sexually transmitted diseases, and other health services. A medical exam is also an important way for a health provider to properly collect and preserve evidence. In cases where necessary, rape kits are also available, and victims may contact a Sexual Assault Nurse Examiner (SANE). Please see www.sexualassaultcentersaginaw.org.

Academic Accommodations: The University is committed to ensuring the safety and well-being of the victim. A student who has been a victim of sexual misconduct may request an academic accommodation or change in residence after a report of sexual misconduct. Any individual who makes a request will receive an appropriate and reasonable accommodation. Possible requests include the ability to change academic schedules or work schedules, withdraw from or retake a class without penalty, access academic support services, and change residence hall assignments. Pursuant to Title IX, in most cases of sexual violence or sex discrimination, SVSU will endeavor, to the extent practicable, to change the schedule or accommodations of the accused student prior to changing the schedule or accommodations of the victim.

Employment Accommodations: The University is committed to ensuring the safety and well-being of the victim. An employee who has been a victim of sexual misconduct may request a work accommodation after a report of sexual misconduct. Pending the outcome of the investigation, possible accommodations may include changing work hours and break times, modifying shifts, and allowing an employee to transfer to another location or building.

Interim Measures: In situations where it is necessary, SVSU will take immediate steps to protect victims pending the final outcome of an investigation. These steps include the accommodations listed above in addition to issuing no contact orders. Pending resolution of the complaint, the Respondent may be prohibited from contacting the victim and may be placed on suspension or denied access to campus. Also, the University may change the course schedule or residence assignment of the Respondent. Please refer to the Code of Student Conduct for disciplinary procedures related to acts of sexual misconduct. The Complainant may also consult with the Coordinator of Student Conduct Programs.

The Respondent will be offered appropriate support and other resources and notified of applicable institutional policies by the Coordinator of Student Conduct Programs.

10

The Title IX Coordinator will take appropriate steps to prevent and/or address retaliatory conduct following a report. Any attempt to retaliate against an individual who reports an incident of sexual misconduct, files a complaint, or participates in an investigation of sexual assault is prohibited by this Policy and by law. Parties that engage in retaliation are subject to the remedial actions outline in this policy.

If requested, other participants in the process (such as those who reported the assault or witnesses) may also be offered appropriate support services and information

Confidentiality, Privacy, and Reporting For purposes of this policy, “confidential” and “confidentiality” shall mean that the Title IX Coordinator and others involved in the investigation pursuant to this policy or providing support to the victim, that the personally identifiable information will be restricted to those persons unless the victim consents or that the law so requires.

To the extent the law recognizes counselor-patient privilege, representatives of the Student Counseling Center and licensed counselors participating in SVSU’s Employee Assistance Program for University employees are not obligated to release any information as may be reported to them by those seeking their assistance.

All investigative documents and files will remain in the investigator’s office pending the conclusion of the investigation. At the close of an investigation, the files will be maintained by the office of the Title IX Coordinator.

Decision to Proceed with Investigation If the Complainant is willing to participate with an investigation, the University will proceed as described in the Investigation section below.

If the Complainant requests confidentiality or asks that the report of sexual misconduct not be pursued, the University will, before taking any further investigative steps, forward that information, along with all available information about the report, to the Title IX Coordinator.

The Title IX Coordinator is charged with balancing the University’s commitment to supporting victim-centered practices with its equally strong commitment to providing due process to the Respondent and promoting a safe University community.

In rendering the decision on whether to proceed with an investigation, the Title IX Coordinator shall consider the following factors: 1. Whether, how, and to what extent, the University should further investigate the report of sexual misconduct; 2. What steps may be possible or appropriate when an alleged perpetrator is unknown, and 3. What other measures or remedies might be considered to address any effects of the reported sexual misconduct on the campus community.

11

The final decision on whether, how, and to what extent the University will conduct an internal investigation, and whether other measures will be taken in connection with any allegation of sexual misconduct, rests solely with the Title IX Coordinator.

Investigation The Title IX Coordinator will determine the most effective method of reviewing the concerns raised by the reported sexual misconduct, include whether to proceed with an investigation under this policy. When an investigation is deemed warranted, the Title IX Coordinator will conduct the investigation or a member of the University who is trained to investigate matters of sexual misconduct, to conduct the investigation. In all cases, the University will respond to the report in a prompt, thorough, and procedurally fair and effective manner. Upon receipt of a report, the University will strive to complete its review of the complaint within sixty (60) calendar days. If circumstances prevent the completion of an investigation within sixty (60) calendar days, the Investigator will notify the Complainant and Respondent.

The Title IX Coordinator may assign an assistant in an investigation, if needed. The assistant will also be a University member trained to investigate matters of alleged sexual misconduct. In conducting an investigation, the investigator may meet separately with the Complainant (if participating), Respondent, or the reporter (if applicable), any pertinent witnesses, and may also review other relevant information offered by either party or discovered independently by the investigator.

At any time during the course of an investigation, the Complainant, Respondent, or any witnesses may provide a written statement, other supporting materials, or identify other potential witnesses, regarding the matter under review.

Throughout the process, the Complainant or Respondent may have a Support Person present at any meeting they participate in that is related to the review of the reported sexual misconduct.

This Support Person may be any individual selected by the Complainant or Respondent. The Complainant or Respondent may choose an attorney as a Support Person, but it shall be at his/her own expense. The Support Person shall have no role during any meeting related to the review of the reported sexual misconduct and may not participate in any meeting, other than to advise the Complainant or Respondent.

Standard of Proof The investigator’s findings of responsibility for sexual misconduct will be made using the preponderance of the evidence standard. This standard requires that the information supporting a finding of responsibility to be more convincing than the information in opposition to it. Under this standard, individuals are presumed to not have engaged in sexual misconduct unless a preponderance of the evidence supports a finding that sexual misconduct occurred.

Investigation Findings and Outcome Notification Where an investigation is completed, the investigator will prepare a written report at the investigation’s conclusion. Before the report is finalized, the participating Complainant and Respondent will be given the opportunity to review their own statements and, to the extent 12

appropriate with respect to due process and privacy considerations, the participating Complainant and Respondent will be provided with a summary of other information collected during the investigation. A Complainant or Respondent must submit any comments about their own statement, or on any investigation summary that might be provided, to the Investigator within five (5) work days after that statement or summary was sent to them for review.

For the purpose of this Policy, a “work” day is a day where the University is open and conducting regular University operations. Work days do not include weekends, holidays that close the University, and days where emergency conditions warrant University closure.

Following the receipt of any comments submitted, or after the five (5)-day comment period has lapsed without comment, the investigator will address any identified factual inaccuracies or misunderstandings, as appropriate, and then make a determination. The investigator’s final written report will generally contain, at a minimum: 1. A summary of the investigation; 2. The investigator’s findings, and 3. A summary of the investigator’s rationale in support of the findings.

The Title IX Coordinator will review the report and findings of the investigator. A summary of the University’s determination will be sent simultaneously and in writing to the participating Complainant and Respondent. The University neither encourages nor discourages the subsequent disclosure or sharing of the written notification by either person.

If a Complainant has chosen not to participate in the University’s review of the sexual misconduct report, but expresses, in writing to be notified of the outcome, the University will notify the Complainant. If a Complainant has expressed a desire, in writing, not to be notified of the outcome, the University will honor that decision. In such cases, the University will not send the notification itself to the Complainant, but may proceed with any necessary follow-up, including as described below. If appropriate, the University may need to provide notification of that follow-up.

VIII. Sanctions Concerning Students If the Respondent is found responsible for sexual misconduct, the University will initiate a sanctioning process designed to address the misconduct, prevent its recurrence, and remedy its effects, while engaging in the University’s educational mission and Title IX obligations.

Sanctions or interventions may also serve to promote safety or deter Respondents from future misconduct. Some behavior is so harmful to the University community or so deleterious to the educational process that it may require more serious sanctions or interventions, such as removal from University housing, removal from specific courses or activities, suspension from the University, or expulsion.

A. Process Whether resolved by agreement or decision, the University will strive to complete the sanctioning process within fifteen (15) work days after the University’s findings are shared with the participating Complainant and Respondent.

13

B. Remedial Action Any student who violates this Policy will be subject to the range of remedial actions (in accordance with University Code of Student Conduct), which for students, range from probation to expulsion, depending on the totality of the circumstances of the incident, and taking into account any previous Student Code violations. Remedial actions may include, but are not limited to, one or more of the following: CODE OF STUDENT CONDUCT a. b. c. d. e. f. g. h. i. j. k. l. m.

Completion of Rehabilitation Program Developmental/Educational Assignments Expulsion Fines Referral for Counseling Restitution Restrictions Temporary University Suspension University Housing Probation University Housing Suspension University Probation University Suspension Warning

In addition to the sanctions/interventions applied to students found responsible for sexual misconduct, the University may find it helpful or necessary to request or require others to undertake specific steps designed to eliminate the misconduct, prevent its recurrence, or remedy its effects. Examples include, but are not limited to, the following: • • • • •

Requesting or requiring a University entity to conduct training for its staff or members; Making involved parties aware of available academic support services; Making involved parties aware of available counseling or medical services; Arranging, where possible, for a party to re-take or withdraw from a course without penalty, and; Revising University policies, practices, or services.

Respondents may also be subject to civil action or criminal prosecution because sexual misconduct may also violate state or federal laws.

Review of the Findings and/or Remedial Actions Either party may appeal the outcome of the matter except where a Respondent has accepted an agreement under the sanctioning process outlined above. A party may seek review only on the following grounds: 1.

2.

The procedures of the sexual misconduct policy were not materially followed; Discovery of new evidence, which was not available at the time of the investigation, that could reasonably affect its findings; or 14

3.

The sanctions/interventions are inappropriate or disproportionate to the determined violations(s).

To request a review, a party must submit a written appeal to the Office of The Dean of Students within two (2) work days of the date of the notification of the decision regarding any sanctions or interventions. If the investigation concluded that no violation occurred, a party may seek review of that decision based on any of the above grounds for review within two (2) work days of the date of the notification of the Investigator’s decision. The Dean of Students may deem a late submission reasonable under extenuating circumstances.

The Dean of Students, or his/her designee in the event of a conflict of interest, will strive to complete the review of an appeal within ten (10) work days of its receipt. The Dean of Students will review the matter based on the issues identified in the request for appeal. The Dean of Students may conclude that there are no relevant issues of concern and may affirm the final decision and any sanctions/interventions. If the Dean of Students identifies issues of concern, he or she will provide the Title IX Coordinator with one of the following recommended actions and any additional instructions or recommendations it deems appropriate under the circumstances: 1. If there was a material deviation from procedure, remand the matter to the Title IX Coordinator and/or a new Investigator with corrective instructions.

2. If new information appears relevant, refer the matter to the Title IX Coordinator, and the original Investigator, if available, to determine whether any modifications may need to be made to the original investigative report.

3. If the sanctions are clearly inappropriate or disproportionate, alter the sanctions or interventions accordingly.

After consideration and consultation with others, as appropriate, including the Title IX Coordinator, the Dean of Students or his/her designee, may accept or modify the sanctions/interventions. The Dean of Students’ decision is final will be made available to the participating parties, in writing, simultaneously.

Concerning Faculty or Staff With regard to faculty and staff as Respondents, sanctions will be determined as follows: Formal Reprimand: Written documentation of a failure to abide by SVSU policy or procedures maintained in the employee's personnel file.

Educational Programs: Participation in educational programs, such as training, workshops, seminars, or other educational activities.

Revocation of SVSU privileges: Revocation of SVSU privileges, such as participation in extracurricular or volunteer activities, for a definite or indefinite period of time.

Campus restrictions: Limitations on the times and/or places where the employee may be present on campus.

No contact orders: Prohibition on all forms of contact with certain people.

15

Suspension: Exclusion from work, with or without pay, and other related activities as set forth for a definite period of time.

Termination: Permanent separation from employment.

Review of the Findings and/or Remedial Actions: Review shall occur pursuant to the employee's collective bargaining agreement, where applicable, or in accordance with the applicable SVSU policy.

Concerning Contractors, guests, volunteers and other third parties Trespass Warning: Notice that future visits to the SVSU campus may result in a citation for trespassing.

Campus Restrictions: Limitations on the times and/or places where the person may be present on campus.

No Contact Orders: Prohibition on all forms of contact with certain people.

Relationship Termination: Termination of the person's relationship with SVSU Review of the Findings and/or Remedial Actions: Review shall occur pursuant to the applicable SVSU policy.

IX. Resources The following campus and local resources may be helpful. Be assured that assistance in getting appropriate help will be provided.

Campus Resources • • • • • •

Student Counseling Center: To schedule an appointment, call 989-964-7078 or stop by Curtiss 112; counselingservices@svsu.edu, www.svsu.edu/healthysvsu University Police: 989-964-4141 Peer Health Education: 989-964-4658 Title IX Coordinator and Representatives: Listed above Residential Life: 114 Curtiss Hall, 989-964-4410 Student Conduct Programs: 114 Curtiss Hall, 989-964-2220

Community Resources • •

Covenant Sexual Assault Victim Assistance Area: Information to come.

Underground Railroad, Inc.: Administrative Office, 989-399-007, Fax: 964-399-0010 o Crisis Line: 989-755-0411 or Toll free: 888-399-8385 o Program email: www.undergroundrailroadinc.org o Provides a 24 hour hotline and shelter services, court support services, support groups, trained advocates for domestic and sexual assault issues, and legal assistance.

16

•

• • • • • •

Child and Family Services: 989-790-9118, Provides information gathering, forensic examinations under the direction of the Sexual Assault Response team, (known as SART), and follow-up treatment.

Personal Protection Order Office: 989-790-5412 Bay Area Women’s Center: 989-686-4551 or 3411 E. Midland Rd., Bay City, MI; www.BAWC-mi.org Caro Thumb Area Assault Crisis Center: 800-292-3666; 429 Montague Ave., Caro, MI Saginaw Underground Railroad: 989-755-0411 or 888-399-8385 Saginaw Sexual Assault Center: 989-790-9118; 2806 Davenport, Saginaw, MI;www.sexualassaultcentersaginaw.org Shelterhouse of Midland: 877-216-6383; www.shelterhousemidland.org

Adopted 7/1/15 PRES Revised 9/25/15 PRES

17

SAGINAW VALLEY STATE UNIVERSITY INCLUSION ADVOCATES Roles and Responsibilities

4

The purpose of implementing the Inclusion Advocate program is to advance the University goal of: “Promoting diversity of faculty and staff”. Inclusion Advocates will help infuse and enrich hiring processes to recruit and hire candidates with a broad range of perspectives and varied life experiences who will continue to expose SVSU students to an increasingly diverse world.

Inclusion Advocates for the faculty search and hiring process will be tenured faculty.

Inclusion Advocates for AP searches will be AP staff members who have passed their probationary period.

The Inclusion Advocate will:  participate in the hiring process for tenure track faculty positions and “regular” (not temporary) Administrative Professional positions.  be identified at the same the search committee chair is identified for a faculty opening or when the hiring manager is identified for an AP opening.  be a member of the search committee or hiring team.  assist the participants in the search processes with regard to equity and inclusion.  proactively encourage and welcome multiple perspectives from the candidates, committee members and hiring managers.

The Inclusion Advocate will work with faculty search committee chairs, members of search committees, department chairs, deans and hiring managers (APs) to: 1. Job announcements: Help develop vacancy announcements, advertisements and other recruiting materials that include sincere, inclusive and welcoming language, establish reasonable deadlines, and include inclusive statements describing qualifications, as appropriate; these announcements should be designed to attract a wide range of qualified candidates with varying backgrounds and diverse perspectives.

2. Recruitment and networking: Assist with identifying and contacting additional avenues for recruitment, especially those that extend beyond traditional recruitment strategies and target members of under‐represented groups, including networks of professionals in underrepresented groups.

3. Screening Activities: Assist the committee chair and committee members, and the hiring manager with the university’s screening processes, including processes that consistently apply the advertised qualifications to ensure that no particular group of applicants is negatively affected. Also, to facilitate processes and encourage discussions about less‐traditional , new dimensions of candidates’ qualifications, and/or gaps they might fill at SVSU. Page 2

4. On Campus Interviews: Help develop an interview plan and campus visit that establishes consistent and reasonable expectations for all participants, including encouraging consideration of ground rules, full participation by interview committee participants, and effective ways for candidates to learn about and value SVSU as a prospective employer. Also, encourage efforts to learn about what each candidate can bring in terms of different perspectives, approaches, interest areas or experiences of value to the department and the university.

5. Final candidate recommendation and selection: Help assess top candidates’ strengths and potential contributions in relation to all criteria identified in the application and initial screening process, including valuing of broad and alternative perspectives and varied relevant life experiences.

6. Resolving concerns: Consult with search committee chairs, committee members, department chairs, deans, hiring managers, the Special Assistant to the President for Diversity and/or Human Resources leaders regarding questions and to resolve concerns.

Inclusion advocates are expected to advocate for a fair, inclusive and diverse search and hiring process. They will not judge nor attack processes, activities or statements as biased, unfair or discriminatory; and will not impose restrictions or barriers to search and hiring processes.

Inclusion Advocates Introductory Training April 17, 2009

Summary: All Inclusion Advocates (IAs) will participate in an introductory training session on Friday, April 17th. (See groups and times below.) The 3 hour session will examine the above roles and responsibilities in greater depth.

The Inclusion Advocate Program will be implemented on April 17, 2009, beginning with administrative/professional and faculty searches. It is our expectation that, beginning Fall 2009, every faculty and administrative/professional search committee will include an Inclusion Advocate.

Additional future plans include:  IAs will receive guidance from Human Resources in consultation with the Office of Diversity Programs.  The annual Utilization Analysis Report will be used as a resource to assist in identifying where efforts need to be focused and to ensure that outreach is broad and inclusive so as to reach qualified applicants for faculty and staff positions.  Human Resources, in consultation with the Office of Diversity Programs, will identify measureable outcomes so that the University can evaluate equity by reaching and hiring an outstanding, diverse faculty and staff.  This group of trained Inclusion Advocates will become a cohort group and will be encouraged to regularly communicate and share experiences from which to learn.  Periodically, feedback from participants will inform any improvements to this program that may be warranted.

Page 3

5

Office of Diversity Programs •

Mission Statement

•

Diversity Highlights

•

KCP Future Faculty Fellowship

•

Diversity Awards

•

Community Outreach

•

Great Lakes Bay Regional Youth Leadership Institut

•

Upcoming Diversity Events

•

Professional Development Opportunities

•

Resource Page

•

Title IX

•

MI GEAR Up/College Day Program

•

Staff

•

HEED Award

Contact Us mtthorns@svsu.edu (989) 964-4068 (989) 964-2827 Dr. Mamie T. Thorns Special Assistant to the President for Diversity Programs

Office 1

Wickes 260 www.svsu.edu/diversity

The Office of Diversity Programs takes great pride in providing students and faculty with quality experience through workshops, guest speakers, cultural celebrations and other resources to broaden their knowledge of diversity.

The goal of Saginaw Valley State University and the Office of Diversity Programs is to have the campus community accept and embrace the many diverse cultures and backgrounds that surround all of us, not only at SVSU but throughout the community and the world. It is through this acceptance that knowledge truly begins.

Our Mission As a regional, state-supported institution of higher education, Saginaw Valley State University is committed to providing intellectual and cultural opportunities that enrich the lives of the residents of Saginaw, Bay City and Midland (known as the Great Lakes Bay Region).

2

Title IX The Title IX Resource Guide on Sexual Harassment/Assault, adopted in 2012, aims to provide the campus community with the role and functions of a Title IX Coordinator and Title IX requirements as outlined in the 2011 Dear Colleague Letter: Sexual Violence.

Diversity Highlights The Office of Diversity Programs is committed to building an inclusive campus that produces social harmony, cultural competency, and learning vitality.

3

KCP Future Faculty Fellowship The purpose of the King-Chavez-Parks Future Faculty Fellowship is to increase the pool of traditionally underrepresented candidates pursuing faculty teaching careers in post-secondary education.

4

Great Lakes Bay Region Youth Leadership Institute The GLBRYLI provides an opportunity for SVSU mentors and high school leaders from diverse racial, cultural, and socioeconomic communities to gain valuable leadership training; plus the opportunity to acquire new skills that will help them lead in any community improvement projects.

Community Outreach There are numerous opportunities for community members in the Great Lakes Bay Region to share in creating a diverse and inclusive environment on campus, in the workplace and in their personal lives.

5

Higher Education in Diversity Award (HEED) - 2013

For immediate release: October 16, 2013 Contact: J.J. Boehm, Director of Media Relations University Communications

6

(989) 964-4055

SVSU wins diversity award Saginaw Valley State University was recognized for a commitment to diversity and inclusion by a magazine that has focused on such distinctions for nearly 40 years. INSIGHT Into Diversity announced the institution received the first-annual Higher Education in Diversity award, considered for colleges and universities nationally.

The recognition means SVSU will be featured in the magazine’s November issue, which was released Wednesday, Oct. 16. In all, 56 institutions earned the award.

“Saginaw Valley State University has an unprecedented number of programs and initiatives in place that provide substantial opportunities for students, faculty and staff from all underrepresented groups,” said Lenore Pearlstein, the magazine’s publisher. “It is apparent that under President (Eric) Gilbertson’s leadership, that diversity and inclusion goals have shaped the character of this university.”

The magazine’s producers say the award was based on SVSU’s “exemplary diversity and inclusion initiatives,” and considered services to groups based on gender, race, ethnicity, veteran status, sexual orientations, and people with disabilities.

“We hope the HEED award serves as a reminder that diversity and inclusion must remain priorities in the 21st century higher education landscape,” Pearlstein said. “Our students of today are the employees of tomorrow and the future of our country. As students begin to enter the workforce and a global society, they must first be surrounded by and supported by faculty and staff that understand the differences among cultures and their needs.”

One aspect of SVSU’s application that drew praise is the inclusion advocate program it has employed since 2009.

“Our hiring committees have trained inclusion advocates,” explained Mamie T. Thorns, SVSU’s special assistant to the president for Diversity Programs. “They ensure that all elements of diversity are considered throughout the hiring process.”

Thorns said applying for the award has proven useful in other areas.

“The HEED application process has already aided our self-study work as we prepare for the upcoming reaccreditation visit from the Higher Learning Commission and review for the Carnegie Foundation’s community engagement classification,” she said.

For more information about the diversity award, visit the magazine’s website at www.insightintodiversity.com. ##SVSU#

SAGINAW VALLEY STATE UNIVERSITY Current Hiring Processes: Faculty and Administrative Vacancies Fall, 2008 Prepared by: Cami Zawacki, Ph.D., HR AA Strategies Stephen Drew, J.D., Drew, Cooper and Anding Purpose of Report: Describe SVSU current hiring processes for Faculty and Administrative Professionals (APs), in preparation for developing the Inclusion Advocate program.

INTRODUCTION The information collected confirmed that the selection of new faculty and new administrators is considered a very important responsibility. Not only do the hiring processes of faculty and administrators constitute a major university expenditure, more importantly everyone recognizes that the selection of faculty and administrators has a profound impact on the future of the University.

Coupled with this view about the importance of hiring decisions, SVSU’s strategic planning process includes Diversity as a goal. SVSU’s Diversity goal is to, “Promote diversity of faculty and staff.” Action steps include: • Enhance communications opportunities to build awareness of SVSU • Enhance and expand recruitment and networking efforts to reach potential minority candidates • Develop on-campus communications to improve awareness of need and means to recruit diverse faculty and staff Specific actions steps (recruitment strategies) are outlined in detail in the planning document and identify a variety of targeted recruitment contacts that could potentially reach a highly qualified group of minority and female candidates.

Great care is taken, over and over, each time by different employees and teams, to implement a hiring activity that results in continuing to bring talented, highly qualified people to SVSU. The hiring processes across the university, while each one is somewhat unique and specialized, also tend to follow similar patterns and processes.

The hiring processes, examined here, include the following: • Writing position vacancy announcements o Identifying general criteria for selection • Recruitment: advertising and other networking activities • Screening committee (or team) responsibilities: o Confirming criteria for selection o Screening applicants o Conducting preliminary interviews o Selecting and interviewing top candidates • Recommending finalist(s) / preferred candidate(s) to Vice President/President • Additional (as needed) hiring-related information includes: o Modifying vacated positions and/or qualifications based on current University needs, past hiring experiences, and supply versus demand Page 4

7

o Deciding to close a search when the candidate pool is not sufficient and whether the search is reopened depends on a variety of factors. Such decisions are made on a case-by-case basis and consider a variety of factors. o Using various preliminary screening processes, such as candidate rating tools, phone interviews, letters of reference, committee discussions, etc. o Determining committee/team composition, how and who is selected to participate in various phases of the hiring process This report is based on conversations held with over 15 SVSU faculty and administrators along with a review of the SVSU hiring resources and guides provided by Human Resources and the Office of Diversity. The purpose of this report is to establish a baseline to guide the future development of the Inclusion Advocates program. This initial step of gathering information regarding past and present hiring activities at SVSU is useful for determining the most effective ways Inclusion Advocates can participate, facilitate and inform future hiring processes for faculty and administrative vacancies.

The information obtained at this stage has confirmed that the current SVSU hiring processes are systematic, structured yet flexible, and most importantly are viewed as extremely important processes.

COMMON FEATURES OF SVSU HIRING PROCESSES Currently, the following features of SVSU hiring processes appear to be somewhat “standard”: • The organizational leader, to whom the person-to-be-hired will report to or interact most with, is the primary leader throughout the hiring process. These leaders are the primary, if not the only, person who develops the vacancy announcement.

Considerable care is taken at this early stage to determine the appropriate qualifications for each vacancy. Additionally, other leaders (Deans, VP, HR), using the on-line posting system, always review the vacancy announcement for consistency and appropriateness with other SVSU positions.

• Paid advertising of the vacancy is most often financed by an Human Resources Recruitment account. The financial resources for paid advertising appear to be adequate; leaders recommend/suggest where and what paid advertising should be utilized for a vacancy. In many cases these recommendations, appear to be based on what has been done in the past. Human Resources has an extensive recruitment reference list and attempts to determine the most “reasonable” paid advertisement for each opening. Local (newspaper) advertising is regularly used for AP positions.

The Chronicle of Higher Education (print) advertising is regularly used (sometimes in as a “SVSU block ad”) for faculty openings; also Higher EdJobs.com and Michigan Higher Education Recruitment Consortium (MI-HERC) is regularly used for both faculty and AP openings.

• The automated on-line application system (People admin) is fully functional.

Appropriate organizational leaders must review and approve all advertisements/vacancy announcements prior to HR initiating recruitment. Also, all applicants must apply via the on-line system. The step regarding establishing screening questions as part of the application procedure is used in a variety of ways.

Applicant records are readily available on-line to those persons identified as participants in the hiring process.

Page 5

•

• •

•

•

The amount of involvement by participants in the hiring processes varies tremendously. The hiring activities are flexible and variable depending on the type of opening. In some cases a small committee (or small team for administrative openings) will actively participate in all screening, interviewing and in making final recommendations. In other cases, a committee (or team) will review the “top” 10 to 20 candidates and help determine whom to interview, (either by phone and/or on campus). Committee members may or may not participate in a discussion re: the final recommendation; in other cases there are “marathon” meetings to discuss all candidates. In some instances, participants in the interviews may be asked only to submit a “form” to the “hiring” leader re: their assessment of each candidate.

Based on applicant data from the past two years, applicant pools average sizes were: o Faculty: 2006-07 = 23 applicants; 2007-08 = 38 applicants o Administrators: 2006-07 = 52 applicants; 2007-08 = 67 applicants With a few notable exceptions, most agreed that one of the greatest challenges in the hiring process is attracting candidates to the Saginaw area. Exceptions are found for a few administrative-type vacancies where this is a large supply of qualified candidates, (locally), such as candidates for Assistant Directors of Admissions and Assistant Director for Career Planning and Placement. Additional barriers identified for attracting faculty candidates were that SVSU is not a research institution and PhD candidates must be carefully screened on the “qualification” that they will embrace the heavier teaching loads. Finally, for some disciplines the faculty salaries are perceived as somewhat lower than other comparable institutions; apparently AP salaries are perceived as competitive.

The Office of Diversity provides assistance on an as-needed basis. Search committee leaders regularly request guidance and support for their inclusion efforts. Examples of this assistance, includes but is not limited to: o Meet with search committee members, early in their process, to explain their “charge” with regard to inclusion and diversity, along with legal responsibilities, do’s and don’ts o As appropriate, information is provided to leaders and committees about availability statistics, applicant tracking, current employment patterns and past hiring and separation trends o Assistance identifying additional recruitment contacts and strategies to seek diverse applicant pools is regularly requested and provided o Interviews with top candidates (AP and Faculty) are regularly scheduled with Director of Diversity; feedback and input is provided to hiring leader about each candidate interviewed o If questions or concerns, related to diversity and inclusion, arise during the hiring process, consultation and assistance if provided The Human Resources department offers a wide range of helpful resources , including information available via the web. These include: Recruitment and Selection Procedures, Employment FAQ’s, Advertising information, Candidate Interview Summary Sheet, What Not to Ask When Interviewing Candidates, Interview Preparation Guidelines, Candidates Evaluation Form, Do’s and Don’ts of Reference Checking, Recruitment Checklist, Hiring Checklists, Sample Interview Questions. While many leaders were aware that these resources are available, only some seemed to have used them. These resource documents are provided by HR when requested. In some departments, rubrics, forms and resources are used.

Page 6

Documentation of specifics for each hiring process and by each participant in the process seems to vary.

RECOMMENDED FOCUS AREAS 1.

Legal do’s and don’ts pertaining to hiring activities 2.

Role of Office of Diversity (Thorns), including it’s relationship to the responsibilities of Inclusion Advocates 3.

Coordination with Human Resources activities 4.

Incorporate “marketing” statements in SVSU position announcements a. Stressing the positive features of SVSU b. Use of inclusive “diversity” statements such as: Our department values faculty diversity and strives to ensure that we prepare our graduates to be culturally competent global citizens. Or … Candidates who value diversity of people, ideas and experiences are highly desired.

5.

6.

c. Use of open-ended qualification statements; phrases such as “potential for”; “demonstrated ability in”, (rather than X# years of experience); “teaching responsibilities include, but are not limited to, XXX”.

Consider new types of recruitment strategies a. Targeted professional networking b. Additional free or low cost advertising c. Email and internet distribution of vacancy announcement Note: various websites in all disciplines have been identified (in alignment with SVSU’s Diversity goal) Build and expand upon current flexibility in screening activities a. Ways to value diversity among committee/team members b. When/how to judge related and qualifying experiences that seem “less traditional”, “non-higher education-based”, “different” etc., c. Positive and proactive ways of discussing differing viewpoints among committee members regarding qualifications and candidates strengths and challenges d. Valuing candidates who offer “diverse” perspectives and abilities and/or who emphasize “diverse” professional and academic interests e. Creating opportunities to share effective screening techniques for phone interviews; initial interviews (APs); teaching demonstrations (faculty); rubric screening forms; scenarios used during interviews, etc.

CONCLUSION AND NEXT STEPS The specific roles and responsibilities of Inclusion Advocates at SVSU are yet-to-bedetermined but will be designed to be active participants and facilitators of SVSU faculty and AP hiring processes. Conceptually, inclusion advocates are what their title suggests … advocates for full consideration of all qualified candidates, at all stages of hiring.

One size does not fit all. SVSU’s current flexibility in each hiring process will be helpful for going forward. Inclusion and diversity concepts admittedly can take an already complex process and make it more complex. There is not just one way to engage in this work.

Rather within a legal and operational framework, customized and specialized recruitment and screening activities help achieve a continuous improvement process and learning that Page 7

will inform SVSU hiring activities. The contributions of Inclusion Advocates will help the University achieve the shared goal of always recruiting and hiring the best candidate(s).

Don’t confuse quality with quantity. Determining where to recruit appears to be a shared responsibility. Increasing the type of recruitment strategies does not mean that a lot more recruitment contacts are needed. In addition, not in lieu of, additional recruiting strategies (generally low or no cost and readily available via the internet), should be considered. Also, high quality applicant pools do not mean larger numbers of applicants; but instead mean having applicants who are most appropriately suited for SVSU. Finally, using broad open-ended qualification statements, creates the possibility of also having candidates apply from entirely new professional realms. For example, when a candidate applies from a smaller, lesser known graduate program (with a good academic reputation), an inclusion advocate can help committee members and leaders examine the strengths of this candidates from the lesser known programs and institutions. Candidates who attend smaller, (often lesser known), institutions have often been found to possess a stronger focus or greater depth of knowledge within their discipline. This quality is attributed to faculty’s increased accessibility to students at the smaller institutions. Thus, an inclusion advocate can be trained to help a committee determine if the quality of a candidate’s experience – (using this example) from a lesser known institution – is valuable and related experience.

The next step will be to develop the roles and responsibilities of Inclusion Advocates by a diverse team of SVSU representatives. The current flexibility and care with which hiring processes are carried out by SVSU leaders will become the platform for this team to examine ways of enhancing and legally engaging additional strategies designed to encourage and advance diversity - of all kinds – into existing processes.

Page 8

8

Contact Information

Inclusion Advocates for Search and Hiring Committees

Cami Zawacki HRAA Strategies zawackic@hraastrategies.com www.hraastrategies.com 616.540.8244

Saginaw Valley State University October 2, 2008

Stephen Drew Civil Rights Attorney/Counselor Drew, Cooper & Anding, Attorneys at Law sdrew@dcadvocate.com 616-454-8300

Stephen Drew, Drew, Cooper & Anding Cami Zawacki, HRAA Strategies 2

1

Goal for Inclusion Advocates

Why Inclusion Advocates?

Formal role facilitates search committee processes with regard to equity and inclusion

System that proactively encourages and welcomes multiple perspectives from the candidates

Effective way to infuse diversity considerations into hiring processes

to embed inclusion and value multiple perspectives into existing hiring processes

Inclusion rather than Diversity Equity rather than Preferences

3

4

Inclusion Advocates (IA) Who? When?

Michigan’s Legal Framework for Inclusion

Legal Changes in Michigan

Proposition 2 (November 2006) vs.

Federal Regulations

No probationary employees

Executive Order 11246 (affirmative action) Equal Protection Clause – 14th Amendment Title VII

Tenured faculty for tenure track faculty vacancies “Regular” (not probationary) administrators for administrative vacancies

Identify Inclusion Advocates at beginning of search processes (… when committee chairs are identified?)

5

6

Page 9

Inclusion Advocates (IA) … Additional Considerations …

Inclusion Advocates (IA) Preparation and Implementation

Volunteers or appointed?

Standards for selection?

Choice for each search committee?

Require training:

Develop description of IA’s roles and responsibilities Require initial and periodic training IA’s help facilitate:

Recruitment and Networking Strategies Understand Roles and Responsibilities Develop Skills and Strategies

IA’s are:

(communication, processes, etc.)

Confidential support provided from Equal Opportunity, Legal Counsel and/or Human Resources

Development of Position Announcements Recruitment & Networking Screening Processes Interviews & Campus Visits Advocates (for underrepresented and underemployed) Champions Facilitators Liaisons

IA’s are not:

Legal experts Anti-discrimination experts

7

8

Inclusion Advocates Initial Training

Inclusion Advocates (IA) Possible Outcomes and Accountability

Annual Affirmative Action report

Applicant tracking summary Hiring activity summary Turnover reports

Perceived impact on processes and outcomes Challenges and push-backs experienced Future training needs

Intent Language and meaning

Recruitment:

Feedback from IA’s

Legal Overview

Inclusive statements for position announcements Recruiting strategies, including internet resources

Screening & Interviewing

Facilitate committee screening processes Facilitate discussion and dialogue of candidates Interview plan and campus visits

9

10

Diversity Wheel: Dimensions that have an impact upon us

Major Considerations

From Implementing Diversity, Marilyn Loden, (1996) First Language

Military Experience

Education

Race Work Style

Religion Age

Ethnic Heritage

Sexual Orientation Family Status

Salary Gender

Mental / Physical Abilities & Characteristics

Communication Style

Work Experience

Geographic Location

Organizational Role & Level

Primary Dimensions

Selection standards for Inclusion Advocates (time and motivation) Guidelines for selecting IA for each search committee (faculty & administrative openings) Confidential consultation for IAs Future connections among IAs (cohort group):

Secondary Dimensions 11

To learn from each others’ experiences To network, coach, share (via blackboard, blogs, testimonials, etc.)

Report quantitative and qualitative outcomes 12

Page 10

Benefits from Inclusion Advocates

Challenges

Challenging work that requires expertise, skill, finesse, (and practice) Take care not to offend committee members, use power plays, nor have personal agendas Measureable changes may not be immediate

This is a long term strategy

Method of accountability needed

Include qualitative results (multi-dimensional diversity in applicant pools, engaging and inclusive discussions regarding candidates’ strengths, etc.)

Helps to recruit and hire more faculty and staff with varied life experiences

Faculty who expose students to an increasingly diverse world

Enriches overall quality of hiring processes Encourages stating qualifications broadly and assessing candidates consistently and fairly Identifies new ways of tapping into PhD markets for faculty, (via networking, personal contacts & internet resources)

13

14

Value Added to the University

Coincides with University mission Increases knowledge and support of inclusion across the University Discourages discrimination against members of any race, ethnic origin and gender Sets expectations that every selection process will include strong and persistent advocates for an inclusive and fair process - at all stages in hiring process – particularly for minorities, women and all other protected classes

Questions and Comments

15

Page 11

16

Inclusion Advocates (IAs)

LEGAL GUIDELINES, DEFINITIONS & SUPPORTING INFORMATION

Section Contents 1.

Terms & Legal Guidelines

2.

Diversity Wheel

3.

General Principles to Remember and Consider During the Recruitment, Screening and Hiring Process

4.

Some Considerations and Thoughts When Advocating for Inclusion in

5.

“Do’s and Don’ts: Summary, Descriptions and Examples”

6.

US Department of Labor Final Rule ‐ Veterans

7.

US Department of Labor Final Rule – Individuals with Disabilities

Inclusion Advocacy: TERMS & LEGAL GUIDELINES

1

EQUAL EMPLOYMENT OPPORTUNITY • The core concept based on the ideal that everyone should have equal access to employment opportunities • Is the conduit theme between diversity efforts and affirmative action • The policy behind the goal to eliminate discrimination in human resource policies, practices, and procedures • Seeks to facilitate equal access and opportunity in the workplace environment, and to guard against anyone being excluded from participation in the process based on race, gender or other protected classification • Has a basis in the 14th Amendment to the Constitution and court decisions [equal protection clause] • Used to allow constitutionality of race and gender based preference programs to address the effects of past discrimination under a narrowly tailored strict scrutiny analysis where manifest imbalance demonstrated AFFIRMATIVE ACTION • Federal measures promulgated or taken in attempts to reverse historic [and documented] patterns of employment discrimination against minorities and women • Executive Order 11246 [9/24/2005] requires federal fund recipients and contractors to refrain from discrimination and to implement affirmative action plans to increase participation • Does not per se permit quotas • Targets good faith efforts [outreach, training, recruitment etc] to reduce or overcome identified underutilization • May be used to attain racial equality, but not maintain racial imbalance • Requires the implementation of plans, assessments, identification of problem areas and the establishment of goals and timetables for increasing employment opportunities • May be legally mandated through vehicles such as consent decree after demonstration of historical discrimination against a protected group • In private employment, Title VII may be used to eliminate traditional patterns of racial segregation if doesn’t unnecessarily trammel the interests of majority employees DIVERSITY • An environment that maximizes the potential of all people involved in an organization or entity, regardless of ethnicity, race or gender • As a process, to be inclusive of all groups with a learning to value qualities that are different between those groups • To be cognizant of the individual and institutional group differences and their value within the environment [employment and educational] • Is a concept that is not legally mandated, but is supported in certain case decisions and recognized as a laudable goal [compelling state interest] in the educational civic setting • A value sought is the breakdown of stereotypes and the promotion of understanding TREATMENT • How something or someone is handled or dealt with

Page 1

DISCRIMINATE AGAINST • To make a difference in treatment that is unfavorable to a person or group • To make distinctions in treatment • To show partiality in favor of or in prejudice against PREFERENTIAL TREATMENT • Showing preference to a person or group by an act, fact or principle of giving advantages to some over others • Giving priority or advantage to one person or group over others based on the persons race, gender, color, ethnicity or national origin

Page 2

Diversity Wheel: Dimensions That Have An Impact First Language Education Religion Race Work Style

Age

Gender

Sexual Orientation Family Status

Ethnic Heritage

Salary

Military Experience

Mental / Physical Abilities & Characteristics

Work Experience

Geographic Location

Communication Style Organizational Role & Level

Primary Dimensions

8 Secondary Dimensions

General Principles to Remember and Consider During the Recruitment, Screening & Hiring Process

3

Inclusion and equity remain valid, positive, and necessary objectives for the university and its departments. As Inclusion Advocates, in conjunction with the university’s strategic planning goal of “promoting diversity for faculty and staff,” and within the parameters of the laws of discrimination and fairness, you will want to continually recognize your unique role and: --VALUE INDIVIDUALS - Emphasize the value of all individuals; --FAIRNESS THROUGHOUT PROCESS - Ensure that there is full inclusion and fair consideration for everyone at all stages of the search and hiring process; --TARGETED OUTREACH - Where warranted, and without exclusion to other groups, give particular focus to and identify areas where appropriate for targeted outreach and inclusion in the process when considering the historical denial of opportunities and/or underutilization, or an imbalance where qualified applicants should exist; --NO MANDATES - Do not mandate preferential treatment to one group to the exclusion of another group based on gender, ethnicity or race classifications; --NO QUOTAS - Do not advocate for or provide for quotas or numerical goals in selection or hiring; --NO SET ASIDES - Do not advocate for or provide for positions to be set aside based on race, gender or ethnicity classifications; --DISCOURAGE UNFAIR TREATMENT - Discourage discrimination against any particular race, ethnic origin or gender for the specific reason of their individual or group gender, race or ethnicity; --FACILITATE INCLUSION - Review information from gender or race conscious plans or programs to facilitate the inclusion of all possibly qualified women and minorities without excluding the consideration of other qualified candidates; --ASSESS QUALIFICATIONS BROADLY - Encourage the qualifications for a position or candidate to be fairly and broadly assessed and addressed for consideration of all of the relevant characteristics of candidates to the performance of the position and the desired criteria; --NO EXCLUSIVITY - Recognize that the mission of inclusion and equity does not allow a gender, ethnic or race conscious effort that brings in more qualified women and minorities to be used as a guarantee or insurance that a woman or ethnic minority is selected for the position solely or exclusively because of their gender, ethnic or race classification, even where there is identified underutilization; --NO EXCLUSIONS - Does not allow exclusion of any white or male candidates specifically because of their gender or race classifications; --BE AN ADVOCATE - It does expect that you will be strong and persistent advocates for an inclusive and fair process at all stages for minorities, women, and all of the protected classes.

Page 4

Some Considerations and Thoughts When Advocating for Inclusion in Your Search Committees

4

Do’s and Don’ts: SUMMARY DO: We fully expect that you will be there to be true advocates for a fair process DO: Focus on and be cognizant of the many diverse relevant criteria and characteristics that make up desired qualifications for a position, and advocate for their consideration and inclusion in the process, with the goal that it broadens the process and the pool in a manner that is fair to all DO: A search committee member, in a moment of frustration, makes a comment directed toward you that a well qualified candidate (who happens to be white or male or both) is being excluded just so that a woman or minority can be considered for appearances sake only; Be clear in your response that the fair consideration of a qualified woman or minority, and including them in the pool or final list is not excluding someone else because of their gender, race or ethnic classification DON’T: Demand or suggest that a person be hired or selected or be included in the final list to be considered just because of their gender race or ethnicity DON’T: Demand or suggest that anyone is being or should be excluded because of their gender or race classification DON’T: You are there to assist in the development and implementation of a fair process for all - do not disrupt the process by demanding a preference or position for any person or group only because of their gender, ethnicity or race; do not demand the exclusion of a person or group because of their gender, ethnicity or race DON’T: Attack the prior process or system of hiring as biased or unfair - your role is not to be judgmental, accusatory, or to draw conclusions, but is to assist in the present and future fairness and inclusion in the process DON’T: Make personal attacks or statements at any time DON’T: Make accusatory judgments or statements during the process that in your opinion a decision, statement or action by a member of the committee, or the committee as a whole is necessarily discriminatory or biased We are pleased to provide this general overview of issues. However, this presentation is not offered as legal advice for compliance with Proposal 2.

Page 5

Some Considerations and Thoughts When Advocating for Inclusion in Your Search Committees Do’s and Don’ts: DESCRIPTIONS AND EXAMPLES DO: We fully expect that you will be there to be true advocates for a fair process The search committee chair, or a long term influential committee member makes a statement that “well while we need to go through the motions, we all know that candidate A [white male well known to all] or candidate B [black female well known to many] is by far and away the best fit for our department and the best qualified by far because of their research reputation.”

What is the response? At this stage, the race or gender of the candidate should not make a difference in the response. Our job is not to just go through the motions but to examine the realistic aspects of the job and to determine all of the relevant qualifications of this position, making sure we reach out to all qualified candidates that may be interested.

The process will only be fair if it is followed consistently, even if the announced favorite candidate is a woman or minority.

DO: Focus on and be cognizant of the many diverse relevant criteria and characteristics that make up desired qualifications for a position, and advocate for their consideration and inclusion in the process, with the goal that it broadens the process and the pool in a manner that is fair to all Candidate A for a faculty position has a degree from the University of Michigan business school and has been a graduate assistant lecturing to large groups of undergraduate students from materials primarily prepared by his professor; Candidate B has a degree from a smaller, but well known Midwestern business school and has taught smaller groups of students from materials that he/she developed with review and ratification from the department head; candidate C has a degree from Florida A & M business school, did some tutoring and instruction of undergraduates and has worked for a number of years for a large corporation where he/she mentored college interns and at night worked and taught in an adult community center.

A comment is made by the chair or a long term and respected department committee member that the U of M graduate clearly is the most qualified and desirable candidate and that it would be prestigious to land someone from there because of the reputation of U of M. The Inclusion Advocate should recognize the specific unfairness with this comment and/or concept and the risk to the entire search, selection and hiring process. They should, without personal criticism directed at the chair, have the committee review the realities of the position and the desired characteristics of the candidate for that position.

The U of M school may identify characteristics or strengths for the best researcher but not the best teacher. The Midwestern school candidate may have been exposed to a more practical teaching experience that may be more consistent with that of your Page 6

university. Research into Florida A & M’s business school may find that it is regarded by corporate America as one of the best in the country and that they have had good success in recruiting and retaining their graduates in the business world. The experience teaching interns in the corporate world or adult community education students may give that candidate demonstrable skills in relating and explaining in a meaningful manner concepts to students from diverse ages and family backgrounds, including blue collar family or single parent first generation students.

A response on these issues can be made in a positive manner focusing on the broadened relevant job criteria that are designed to include all aspects of performing the job well, and that should take into account life experiences as well as academic, unless the position is one that solely is for one primary job criterion, such as research assistant. Allowing the search to be narrowed subconsciously to the one candidate does the process a disservice, and runs the risk of a candidate being given a preferred position early in the process that will subconsciously or consciously affect the remainder of the process. This can lead to someone getting the position that turns out to be not as effective as other candidates that may have been prematurely discounted because their experiences and relevant characteristics and strengths were not raised.

The Inclusion Advocate should not be deterred from advocating for an inclusive and fair process by the power or position of the person making the comment or the manner in which the favorite is identified, which often can be subtle. The Inclusion Advocate should not however make judgments regarding the intent of the committee members’ comments or actions, or personalize any criticisms of the members or the process.

Beware of and recognize the attempt in the process to narrowly define the qualifications to insure that a favorite is included in the final grouping and/or hiring, if it unfairly excludes other qualified candidates from consideration.

DO: A search committee member, in a moment of frustration, makes a comment directed toward you that a well qualified candidate (who happens to be white or male or both) is being excluded just so that a woman or minority can be considered for appearances sake only; Be clear in your response that the fair consideration of a qualified woman or minority, and including them in the pool or final list is not excluding someone else because of their gender, race or ethnic classification Candidate A ( presumed and/or known to be a white male) for an AP position has worked for five years at a smaller college in a similar position to that applied for. He has stayed at the same level of responsibility in that position because he really did not want to relocate his family and really appreciates the family values of this area. He and his feelings are known to some members of the committee because they have interacted with him at association meetings since they are in similar fields but have never assessed him or had to work with him in an employment setting.

Candidate B (presumed to be a female due to her name of Jennifer) has worked in a similar position out of the local area but similar in size to your university for only 3 years but has been exposed to and been given graduated progressive responsibility, due in large part to her aggressiveness in asking for (or at times demanding) more work or taking on additional responsibilities beyond her formal job description.

Page 7

Candidate C (presumed to be a minority because of their name or affiliation with minority causes identified on their resume’ or application) has not worked at a university but did do some similar work at a Community College briefly but has also had extensive work and experience in similar categories at a large non profit entity, has tutored, mentored and been a para pro with urban high school students, community health organizations and has some business and industry experience in the field. Each job change has been positive with a number of extra curricular volunteer activities that are relevant to the field and the position applied for. There is not a negative pattern of short term jobs.

Candidate D (also a white male) is a former well liked employee in another department, with similar but not exactly the same skill sets, who had to leave the area for a few years due to his spouse’s job opportunity out of state. They are now ready to move back as the spouse has been conditionally rehired at the university but may consider other options in case her husband, the candidate cannot find employment in the area. He also is known to and liked by members of the committee and has said on many occasions that they miss the culture of this area and want to return. Although the members of the committee did not work directly with him, they have heard that he was a good worker but had some problems relating to taking orders from his superiors and was somewhat disruptive to the overall morale in the department. The committee members however strongly feel that he would be a welcomed addition to their department and his spouse is highly coveted.

There is a lot of discussion in the committee about how Candidate A or D would be a perfect fit and that their Western Michigan family values will make the transition to a valued employee here much smoother. When you as Inclusion Advocate try to raise the discussion points of the benefits of the others, a committee member who is not as astute in political correctness pretty bluntly states that you are just here to make sure that a black or woman gets in the final 3 to interview or select and that it is a shame that one of these clearly most qualified men will be excluded prematurely and unfairly from the hiring process. Another, trying to be more diplomatic says something like “well you know we don’t want to be accused of being racist or sexist so why don’t we include the black or the woman so we cant be accused unfairly; after all we know Candidate A or D will be selected if they go up against the other two since both would be ranked ahead of them if we were to do numerical ranking.”

The Inclusion Advocate should go back to the criteria and desired attributes of the position and reiterate and emphasize that a fair consideration is to assess how and why all of the candidate’s experience and background fit the desired attributes of the position. They should be clear in understanding and stating that a fair, inclusive interview process will allow us to explore these aspects with the unknown candidates in more detail as it truly relates to the larger scope of the position and the type of candidate that we are seeking, and that the potential strengths gained from this experience can be better explored adequately through the interview process. It should be recognized that only putting people in the pool for interview that think, look and act like us or have the same perceived values is potentially an insult to the process, as it keeps us from exploring the many faces and characteristics of quality. It should be pointed out that including qualified candidates, who happen to be minority or women does not exclude others based on their color or gender because they happen to be white or male.

Page 8

Statements can be made such as “I think this person is qualified to be in the final 3, because these characteristics stand out to me as being important to the position and the type of candidate that may be a positive addition to our university; or these are the factors in this person’s background and experience as to why I feel they will bring a fresh perspective to our university, the interview process, and our consideration; or it seems to me that these characteristics of this applicant are clearly important and relevant to the job position for these reasons, and should be explored more in the interview.

DON’T: Demand or suggest that a person be hired or selected or be included in the final list to be considered just because of their gender race or ethnicity See the example above DON’T: Demand or suggest that anyone is being or should be excluded because of their gender or race classification Comment from committee member: “Well the only reason candidate X is not in the final pool is because we need to have a woman or minority in there to look good or to satisfy our diversity mandate.”

Response: No we are strengthened if we assess all perspectives and interview and consider in the final group persons with different, but significant skill sets to determine the best fit for this position.

DON’T: You are there to assist in the development and implementation of a fair process for all - do not disrupt the process by demanding a preference or position for any person or group only because of their gender, ethnicity or race; do not demand the exclusion of a person or group because of their gender, ethnicity or race DON’T: Attack the prior process or system of hiring as biased or unfair - your role is not to be judgmental, accusatory, or to draw conclusions, but is to assist in the present and future fairness and inclusion in the process Attacking the prior process may be taken by someone hired by that process to mean that you are insinuating that they must be unqualified or somehow unfairly a recipient of preferential treatment, creating an unnecessary and possible unwarranted barrier to your effectiveness DON’T: Make personal attacks or statements at any time “You got hired under a flawed system so your qualifications must be suspect,” or “Well you were privileged when you were hired because we weren’t diverse then, that is what I am here for,” even if they are made against you: “Well, you are just here to get some unqualified or lesser qualified women and blacks in our university.”

Page 9

DON’T: Make accusatory judgments or statements during the process that in your opinion a decision, statement or action by a member of the committee, or the committee as a whole is necessarily discriminatory or biased It is not your role to come to conclusions or opinions about what is a discriminatory act or decision. Remember that your role is to advocate for and assist in the fairness, equity, and inclusiveness of the process. Accusatory statements or judgments only polarize the members in the process, since a reaction to the statement, even if well intentioned, may be to assume that you are calling them unfair, biased, racist, or sexist.

If you have concerns about the process, as indicated there are many avenues within the university that you have access to, and are expected to bring those concerns.

Prepared by: Stephen R. Drew, Attorney at Law DREW, COOPER & ANDING 125 Ottawa Avenue NW, Suite 300, Grand Rapids, Michigan 49503 Phone: (616) 454-8300 ext. 112 Email: sdrew@dcadvocate.com We are pleased to provide this general overview of issues. However, this presentation is not offered as legal advice for compliance with Proposal 2.

Page 10

http://www.dol.gov/ofccp/regs/compliance/vevraa.htm

United States Department of Labor

5

Office of Federal Contract Compliance Programs Office of Federal Contract Compliance Programs (OFCCP) Final Rule: Vietnam Era Veterans’ Readjustment Assistance Act OFCCP Final Rule to Improve Job Opportunities for Protected Veterans On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced a Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) at 41 CFR Part 60-300. VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.

The Final Rule was published in the Federal Register on September 24, 2013, and becomes effective on March 24, 2014. However, current contractors with a written affirmative action program (AAP) already in place on the effective date have additional time to come into compliance with the AAP requirements. The compliance structure seeks to provide contractors the opportunity to maintain their current AAP cycle.

Highlights of the Final Rule: Rescission of 41 CFR Part 60-250: The Final Rule rescinds the outdated 41 CFR Part 60-250 in its entirety.

However, veterans that were formerly protected only under Part 60-250 will still be protected from discrimination under the revised 41 CFR Part 60-300.

Hiring benchmarks The Final Rule requires that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force, which will be published and updated annually by OFCCP. Alternatively, contractors may establish their own benchmarks using certain data from the Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA) that will be also be published by OFCCP, as well other factors that reflect the contractor’s unique hiring circumstances. The data will be posted in the Benchmark Database (coming soon).

Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.

Invitation to Self-Identify: The Final Rule requires that contractors invite applicants to self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The Final Rule includes sample invitations to self-identify that contractors may use.

Incorporation of the EO Clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.

Job Listings: The Final Rule clarifies that when listing their job openings, contractors must provide that information in a manner and format permitted by the appropriate State or local job service, so that it can access and use the information to make the job listings available to job seekers.

Records Access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

Read the Final Rule Final Rule Technical Assistance Print the Fact Sheet Get answers to Frequently Asked Questions (FAQs) Look at this side by side chart of changes in the regulations Listen to our public Webinar and review the slides Benchmark Database Instructions (coming soon) Media Read Secretary of Labor Tom Perez's Blog annoucing the Rules Check out a recap of our September 13 Twitter Chat Read the Press Release See the Press Release in Spanish, Chinese, Korean, Tagalog, Urdu, Vietnamese, Hmong and Lao

http://www.dol.gov/ofccp/regs/compliance/section503.htm

United States Department of Labor

6

Office of Federal Contract Compliance Programs Office of Federal Contract Compliance Programs (OFCCP) Final Rule: Section 503 of the Rehabilitation Act OFCCP Final Rule to Improve Job Opportunities for Individuals with Disabilities On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 CFR Part 60-741. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities (IW Ds), and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire IWDs, and improve job opportunities for individuals with disabilities. The Final Rule also makes changes to the nondiscrimination provisions of the regulations to bring them into compliance with the ADA Amendments Act of 2008.

The Final Rule was published in the Federal Register on September 24, 2013, and becomes effective on March 24, 2014. However, current contractors with a written affirmative action program (AAP) already in place on the effective date have additional time to come into compliance with the AAP requirements. The compliance structure seeks to provide contractors the opportunity to maintain their current AAP cycle.

Highlights of the Final Rule: Utilization goal: The Final Rule establishes a nationwide 7% utilization goal for qualified IWDs. Contractors will apply the goal to each of their job groups, or to their entire workforce if the contractor has 100 or fewer employees. Contractors must conduct an annual utilization analysis and assessment of problem areas, and establish specific action-oriented programs to address any identified problems.

Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of IWDs who apply for jobs and the number of IW Ds they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.

Invitation to Self-Identify: The Final Rule requires that contractors invite applicants to self-identify as IW Ds at both the pre-offer and post-offer phases of the application process, using language prescribed by OFCCP. The Final Rule also requires that contractors invite their employees to self-identify as IW Ds every five years, using the prescribed language. This language will be posted on the OFCCP website (coming soon).

Incorporation of the EO Clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.

Records Access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

ADAAA: The Final Rule implements changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008 by revising the definition of "disability" and certain nondiscrimination provisions of the implementing regulations.

Read the Final Rule Final Rule Technical Assistance Print the Fact Sheet Get answers to Frequently Asked Questions (FAQs) Look at this Side by Side Chart of changes in the regulations Listen to our public Webinar and review the Slides Self-Identification EEOC Opinion on the Invitation to Self-Identify Self-Identification Form (coming soon) Media Read Secretary of Labor Tom Perez's Blog Announcing the Rules Check out a recap of our September 13 Twitter Chat Read the Press Release Read the Press Release in Spanish, Chinese, Korean, Tagalog, Urdu, Vietnamese, Hmong and Lao

Inclusion Advocates (IAs)

IA TRAINING Roles and Responsibilities: Infusing Diversity and Inclusion

The “Roles and Responsibilities” information included in this section identify specific tips and tools to assist you in carrying out the role of the Inclusion Advocate for both Faculty and Administrative Professional positions.

Summary of Roles and Responsibilities Role #1 – Job Announcement Role #2 – Recruitment & Networking Role #3 – Screening Activities Role #4 – On‐Campus Interviews Role #5 – Final Candidate Recommendation and Selection Role #6 – Resolving Concerns Bibliography

1

SVSU Inclusion Advocates for Search Committees Roles And Responsibilities: Infusing Diversity and Inclusion

SUMMARY Role #1. Job announcements Inclusive and welcoming language and reasonable deadlines 1.1 1.2 1.3 1.4

Types of advertisements/announcements to consider In written vacancy announcements, identify website for Department with vacancy Deadlines Consider using inclusive and open-ended qualification statements in vacancy announcements

Role #2. Recruitment & Networking

2.1 2.2 2.3 2.4 2.5 2.6 2.7

Cast the net broadly and everyone helps carry out varied recruitment strategies Use web addresses in ads Include additional links to organizational diversity-related sites, e.g. minority student services, women’s studies.

Network & Outreach to Professionals: Doing more than advertising, posting and waiting Search websites of job posting services by professional organizations within the discipline or profession (Many are free) Search website for female and minority subcommittees of professional associations Tap into existing pipelines (send email with posting). (other universities, scholarship programs, dissertation grants, fellowships, post-doctoral programs) Do targeted recruitment especially if historical demographics indicate past applicant pools had limited diversity. This should be in addition to, and not at the exclusion of other recruitment efforts.

Role #3. Screening Activities Discuss, discuss, discuss; air concerns openly and without fear of retribution 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10

Create a sense of urgency for the committee to begin meeting The on-line application process (People Admin) helps expedite the entire application process.

Be willing to follow-up as needed with candidates or prospective candidates Discuss department’s current utilization demographics and past employment activity data with the committee Discuss the selection criteria among committee members so interpretations will not negatively impact any group of applicants Facilitate a discussion early with committee members regarding the most important selection criteria and how they will be applied fairly.

Ensure that candidates with a disability who can perform the essential functions of the job with or without an accommodation are not excluded from consideration.

Screening to a “short list” of candidates is a critical juncture; take time at this stage Examine letters of reference and other supporting documents carefully for evidence of unintentional bias.

Participate in the discussion of candidates as an advocate not as a critic or barrier.

Role #4. On campus interviews Plan to learn about the candidate and plan that candidate will learn about you 4.1 4.2

Preparation, prescreening and planning are key The candidate’s impressions and reactions based on their campus visit is another important key

Role #5. Final candidate recommendation and selection Value broad and alternative perspectives and “different” life experiences 5.1 5.2 5.3 5.4 5.5

Using a matrix or do note taking during the interviews; don’t rely solely on impressions Colorblindness or multiculturalism?

Make time for a healthy discussion of all candidates; don’t jump too soon to a decision Attempt to learn from the top candidates how they heard about the opening and your university When candidates accept and or reject offers, attempt to learn more about their reasons

Role #6. Resolving concerns Consult with appropriate campus resources as needed.

6.1 6.2 6.3 6.4 6.5

Inclusion Advocacy advocates for a fair, inclusive and diverse search and hiring process for everyone Committee should be consistent with university policies and equitably apply them to all candidates Committee should create open and flexible process Inclusion Advocacy encourages committee members to share any concerns openly; get things out on the table Inclusion Advocacy does not pass judgment on whether committee activities are discriminatory; but should seek professional (legal) advise if such concerns arise

SVSU Inclusion Advocates for Search Committees Roles And Responsibilities: Infusing Diversity and Inclusion

DETAILED DESCRIPTIONS AND EXAMPLES The Inclusion Advocate will actively participate in the hiring processes with faculty search committee chairs, members of search committees, department chairs, deans and hiring managers and teams (APs). Their roles and responsibilities are described in greater detail below.

Additional information obtained at: http://www.svsu.edu/hr/forms/recruitment.html Role #1. Job announcements

Help develop vacancy announcements, advertisements and other recruiting materials that include sincere, inclusive and welcoming language, establish reasonable deadlines, and include inclusive statements describing qualifications, as appropriate; these announcements should be designed to attract a wide range of qualified candidates with varying backgrounds and diverse perspectives.

Developing a comprehensive recruitment plan that uses multiple recruitment strategies simultaneously, will significantly increase the quality and diversity of the applicant pools.

1.1)

Types of advertisements/announcements to consider: *Paid advertising *On-line job advertising (paid & free posting sites) *Email with attached vacancy postings to: -Professional association committee leaders – seek nominations and to forward to prospective candidates -Fellowship recipients – announcing opportunity -Other colleagues -See more details below in Role #2: Networking *Recruiting (and interviewing) at state, regional and national conferences *Other? … be creative based on the specific opening

1.2)

In written vacancy announcements, identify website of SVSU Department with vacancy. Especially for paid advertisements, shorten the announcement by omitting extensive descriptions of the department or university; instead direct candidates to department website.

Examples: For Elementary Education faculty opening: http://www.svsu.edu/acadprog/departments/elementaryeducation.html For Student Affairs AP opening: http://www.svsu.edu/homepage.html

1.3)

Deadlines: If position announcements have very short timelines for accepting applications, some candidates may decide not to apply because of their own time constraints or a common interpretation that an “inside” candidate has already been identified and the announcement is disingenuous.

The challenge is to extend a search process as long as possible, yet keep it timely enough so you don’t lose the best candidates. Try to provide enough time so candidates will have sufficient time to genuinely consider their interest in the opening and to submit high quality application materials; but short enough so that outstanding candidates are still available for consideration.

Page 3

If deadlines for applying are established, remember they should be at least 15 to 30 days after the publication date of the periodical. (Example: If the publication is for October, the deadline should be extended until mid or late November.)

Open-ended deadlines are recommended.

Examples: • Review of applications will begin on (Date) and applications will be considered until position is filled.

• Late submissions will be considered if a suitable candidate pool is not identified by the deadline.

• All candidates will be considered until the position is filled.

1.4)

Consider using inclusive and open-ended qualification statements in vacancy announcements.

When writing the vacancy announcement, the criteria (requirements) should be thoughtfully considered and carefully worded. These statements should serve as the primary guide for shaping the selection criteria and hiring decision.

Required (minimum qualifications) should be clearly stated and must be directly related to the duties to be performed on a regular basis.

As an inclusion advocate, suggest that rather than requiring a specific number of years of specific experience, to consider advertising for the responsibilities required to be performed.

Examples: Instead of statements such as: “teaching experience required,” use statements like: “ability to teach freshman and sophomore General Psychology class required.”

Instead of stating minimum requirements as: “Minimum of four years experience in college/university residential life program.” Use statements like: Demonstrated ability to coordinate and facilitate aspects of a Residential Student Life Program, including …. .”

If the department has incorporated into their department planning or programs explicit statements about the connection between serving diverse communities, faculty diversity and educational quality, then be sure to include such statements in the position announcement.

Example: Our department values faculty diversity and strives to ensure we prepare our graduates to be culturally competent global citizens.

Statements regarding “required” and “preferred” qualifications should be as open-ended as possible, to attract the broadest range of qualified candidates.

Examples – APs & General: a) “… demonstrated ability in …” OR “potential for …” rather than “experience required in …” b) Candidates who value diversity of people, ideas and experiences are highly desired. c) Our department values faculty diversity and strives to prepare our graduates to be culturally competent global citizens. d) Candidates with experience interacting with diverse populations or students of color are valued. e) Candidates experienced in working with diverse groups of stakeholders are particularly welcomed to apply. f) Promising ability in … g) Knowledge equivalent to that which normally would be acquired by completing a four-year college degree program in (field of study), (field of study), (field of study), or other fields related to the area of responsibility.

Page 4

h) i)

Relevant knowledge of __________; OR Proven success in _____________ Three to five years of related and progressively more responsible or expansive work experience in _______________, including involvement in ______________

Examples for faculty openings: a) Teaching responsibilities include, but are not limited to, teaching (class name), (class name), or (class name). b) Specialization is open within this broad domain. c) Academic experience with culturally diverse populations is an asset. d) Ability to teach using a variety of formats with a diverse group of students is highly desired. e) This diverse and growing department values student centered teaching, civic engagement, and collegiality. f) Specifically, we seek candidates who enjoy interaction with students and exploring innovative methods of instruction.

Role #2. Recruitment & Networking

Assist with identifying and contacting additional avenues for recruitment, especially those that extend beyond traditional recruitment strategies and target members of under-represented groups, including networks of professionals in underrepresented groups.

Main principles: a) The availability of qualified candidates varies significantly from disciplined to discipline and function to function b) Effective recruitment efforts used in the past, should still be used! c) Recruitment does not have to be costly but requires customizing for each vacancy. d) Recruitment should include various forms of networking and outreach. e) Effective recruitment can be time consuming; so the more assistance by the Inclusion Advocate can provide, the higher potential for generating a higher quality applicant pool.

2.1)

Rather than including a lengthy description of the department or university in any paid advertising, include the website where the complete posting can be found and/or home website for the department.

2.2)

Include links to various university websites, including where the position announcement is posted, minority student services, women’s studies. Identify websites for community information, (i.e., Chamber of Commerce website), such as: a) SVSU Position Announcements: http://www.svsu.edu/hr/employment/ b) Minority Student Services: http://www.svsu.edu/mss/ c) Women’s Studies: http://www.svsu.edu/careers/choosing-a-major/what-can-i-do-with-thisdegree/information/womens-studies.html d) Higher Education Recruitment Consortium(HERC): http://www.michiganherc.org/site/1915/about.cfm e) Saginaw Chamber of Commerce: www.saginawchamber.org f) Saginaw African-American Minority Business organization: http://www.saamba.netfirms.com/

2.3)

Networking & Outreach to Professionals: Doing more than simply advertising and posting a job announcement and then waiting to receive vitas and resumes IS A MUST! Initiating multiple networking strategies simultaneously will significantly increase the diversity of the applicant pool.

Examples: a) Hold a round table discussion with department faculty and with an informal group of minority faculty to: *identify successful past recruitment strategies and new strategies that might help diversify the applicant pool

Page 5

b)

c)

2.4)

*discuss inclusive ways of stating qualifications that are required v. desired and open-ended statements regarding experiences preferred. (see examples above) Send the position announcement to colleagues, in and outside your discipline, and at other institutions in similar positions. Ask them to: *to forward the information to other individuals *to suggest other recruitment resources to reach prospective candidates * to nominate individuals Explore or try other ways to market the campus and community to promote a welcoming environment for all candidates, taking into consideration differences in candidates’ race, gender, age, sexual orientation, religion, geography, disability.

Do a search for websites of job posting services by professional organizations within the discipline or function. Many of these sites are affordable and target members in higher education and in specific disciplines. Many sites also include a resume search feature, which should also be used to identify prospective candidates.

Examples for Faculty positions include: a) APS Careers in Physics (http://careers.aps.org/) includes information and links to career programs and activities organized by the APS such as: the online career center database; job fairs, career workshops and sessions at their meetings; and career reports. (Rates starts at $425) b) Physics Jobs Online - Academic and Research Positions in Physics ordered by Country (http://www.physnet.de/PhysNet/physjobs.html#country) c) American Psychological Association (APA) On-line Career Center (http://jobs.psyccareers.com/hr/jobs/) (Options range from $5/line to $550 for 30 day ad; includes free posting on PsycCareers and free resume searching.) d) College Music Society – Music Vacancy List (http://www.music.org/cgibin/showpage.pl?tmpl=/infoserv/mvl/mvlhome&h=19) - includes job posting site ($150 per ad) and searchable database Examples for AP positions include: a) Employer resources are offered at most of our Michigan Colleges and Universities (and throughout the US). Today’s college graduates often possess several years of experience prior to their graduation from college. Today’s college graduates have often returned to school or combine their years with school and work. Nearly every college and university offers employer resources and job posting services.

Examples: Michigan State - -My Spartan Career for employers: http://www.csp.msu.edu/my-spartancareer-login; University of Michigan has employer resources at: http://www.law.umich.edu/currentstudents/careerservices/employerresources/Pages/Employer s.aspx.

Wayne State has many resources for employers with full time employment opportunities: http://www.careerservices.wayne.edu/New/FullTime%20Employment.htm.

Also, look for similar services at both public, private, 2 and 4 year colleges across the state. b)

For professional positions that require technical training, contact the academic departments directly that offer the degree programs you are seeking. Faculty often will assist with “getting the word out” about your vacancy.

Example: The home page for the Computer Science, Engineering and Physics department at the U of M – Flint offers a faculty and staff directory of individuals who could be contacted, http://www.umflint.edu/csesp/index.htm.

– The home page for the Accounting Department (academic dept) at the U of M – Flint, also offers a faculty directory who could easily be called or emailed regarding openings requiring accounting degrees.

Page 6

c)

Contact professional organizations within the functional areas. At StudentAffairs.com (http://www.studentaffairs.com/web/profes.html), a list of many professional organizations related to student affairs are identified, such as those related to conference and events, registrars, admissions, academic disability services, academic advising, college food services, student employment, student financial aid, intramurals and recreation, and housing.

Example: “The American College Counseling Association” has a list serve: www.listserv.uga.edu/archives/acca-l.html The “Middle States Association of Collegiate Registrars and Officers of Admission”, has a free site for posting open positions: http://www.msacroa.org/jobs.html.

2.5)

Search the internet to identify professional associations in the discipline that have female or minority committees. Many websites include the names and email addresses of individuals associated with those initiatives.

A very effective strategy is to email the position announcement to professional association leaders and committee chairs; asking them to forward your announcement to potential candidates and/or to nominate individuals. This networking strategy can often produce very strong (and interested) candidates.

Examples of professional association networks for faculty: a) American Psychology Association: APA Committee on Ethnic Minority Affairs (CEMA) (http://www.apa.org/pi/oema/projects.html#cema) – roster of committee members and their email addresses b) College Music Society - Ethnomusicology Committee with goal to incorporate the study of music as culture into their curricula – committee members and their email addresses are listed d) The Minorities in Physics Speakers List (MSL) contains the names, contact information and speaking titles of minority physicists who have agreed to give colloquium and general talks to a wide variety of audiences. You may search the online list by name, keyword, state, or physics subfield. (http://www.aps.org/programs/minorities/speakers/index.cfm) e) The Women in Physics Speakers Program is an online list of names, contact information and speaking titles of 320 women, indexed by field and state. (http://www.aps.org/programs/women/speakers/index.cfm) f) See Articles: Best Practices for a Successful Academic Search) Examples of professional associations for APs: g) The National Collegiate Athletic Association (NCAA.org) has a page devoted to Diversity and Inclusion (http://www.ncaa.org/wps/ncaa?ContentID=7), with individuals who could be sent vacancy postings or asked for referrals. h) American Association of Collegiate Registrars and Admissions Officers (AACRAO), has a Access and Equity - Professional Access and Equity Committee (http://www.aacrao.org/forms/committee/CommitteeFormPublic/view?id=159000000016&year =2010) with the name and contact information of the committee chair who could receive a appropriate vacancy postings. In addition, there are caucuses for Asian, Pacific Islanders, Blacks, Hispanics, Native Americans and Gay, Lesbian, Bisexual, and Transgendered, each with names and contact information. i) Michigan Association of Physical Plant Administrators (Miappa) (HTTP://WWW.PP.WMICH.EDU/MIAPPA/) provides names and contact information at each institution in Michigan. These contacts could identify interns or other persons whom they could refer for related openings. j) Other higher education associations are identified at: http://www.ntlf.com/html/lib/assoc/ k) See Recruitment Resources: Professional Association Resource List

2.6)

Tap into existing pipelines. University degrees, scholarship programs, dissertation grants, fellowships, post-doctoral programs, within your discipline are all good pipelines. Send emails with the position announcement attached to leaders or recipients of these programs.

Page 7

Suggested search terms: “doctoral fellowships in (discipline),” “doctoral fellowships,” “doctoral scholarships.”

Examples: a) Mellon-Mays Graduate Initiatives Program (http://mellonmays.ssrc.org/) (humanities and social sciences) b) The Ford Foundation Diversity Fellowships seek to increase the diversity of the nation’s college and university faculties by increasing their ethnic and racial diversity, to maximize the educational benefits of diversity, and to increase the number of professors who can and will use diversity as a resource for enriching the education of all students (http://www7.nationalacademies.org/fordfellowships/) c) King-Chavez-Parks - Future Faculty Fellowship (FFF) Program provides financial support for traditionally underrepresented candidates pursuing faculty teaching careers in postsecondary education. The Joint Fellows Conference, held annually in collaboration and partnership with Illinois and Michigan’s 15 public universities, provides networking and professional development opportunities for Future Faculty Fellowship Program participants. The program also publishes the Directory of Graduates and Potential Degree Recipients. The “Preparing Future Faculty” newsletter, associated with these programs, has a free job posting service: http://www.preparing-faculty.org/PFFWeb.Jobs.htm d) Search for historically black colleges and universities (HBCU's) with doctoral programs: (http://www.oei.vt.edu/equity/files/HBCU_with_Doctoral_Programs.pdf) See Recruitment Resources: HBCU with doctoral programs e) Email position announcements to graduate student coordinators, department chairs, or department faculty at selected universities. (Names and email addresses are available at respective university and department websites.) f) Search for other colleges and universities by program or discipline: (http://www.phds.org/graduate-school/graduate-school-listings-and-rankings/) g) The Integrated Postsecondary Education Data Survey (IPEDS) website allows you to identify universities across the country with PhD programs in your discipline (http://nces.ed.gov/ipeds/) Use the “dataset cutting tool” at this website to identify names of university with PhD programs and then search their websites to obtain contact information.

2.7)

Historical demographics for SVSU (applicants, new hires, separations, promotions) are collected on race and gender annually, and can be requested from Mamie Thorns, Special Assistant to the President for Diversity Programs. If the data suggests that past applicant pools were not representative, based on race/ethnicity and gender, when compared to estimated availability, then, targeted recruitment should be included to reach those groups of individuals who have not historically applied but are available. Targeted recruitment should be in addition to, and not at the exclusion of other recruitment efforts. (See Recruitment Resources: Comparisons: Applicant Flow, Availability, SVSU Workforce. Also contact Mamie Thorns, Special Assistant to the President for Diversity Programs for more information.)

Example: If past applicant pools have included reasonable percents of Asian American candidates but very a low percent of African American or Hispanic candidates, then identify contacts in the discipline and professional associations that may specifically reach African American or Hispanic candidates.

For example: a) McKnight Doctoral Fellowships: The McKnight Doctoral Fellowship program is designed to address the under-representation of African American and Hispanic faculty at colleges and universities in the state of Florida by increasing the pool of citizens qualified with Ph.D. degrees to teach at the college and university levels. As a by-product, it is expected that employment opportunities in industry will also be expanded. Eligible fields of study include any field in the Arts and Sciences, Business, Engineering, Health Sciences, Nursing, or the Visual and Performing Arts. b) Minority Biomedical Research Support Program: A Research Resources Directory. Directory of minority research programs in the United States. Federal aid to medical research and minority scholarship and fellowship programs. Previously titled: Minority Biomedical Support

Page 8

c)

Program. A publication of U.S. Dept. of Health and Human Services, Public Health Service, National Institutes of Health. Includes a bibliography.

SACNAS - Society for Advancement of Chicanos and Native Americans in Science SACNAS features a job listing section specifically for minority PhD, postdoctoral, and professional researchers/academics in the fields of science, technology, engineering, and mathematics.

Role #3. Screening Activities

Assist the committee chair and committee members, and the hiring manager with the university’s screening processes, including processes that consistently apply the advertised qualifications to ensure that no particular group of applicants is negatively affected. Also, to facilitate processes and encourage discussions about less-traditional , new dimensions of candidates’ qualifications, and/or gaps they might fill in the department or at the university.

3.1)

Create a sense of urgency for the committee to begin meeting ASAP to determine their screening processes and so the committee will be able to proceed on a timely basis once all/most of application materials have been received.

3.2)

The on-line application process (People Admin) helps expedite the entire application process. Find out whatever applicant demographics are available about the applicant pool.

3.3)

Be willing to follow-up as needed with candidates or prospective candidates, to ensure their continued interest and to answer their questions. Nominees are often best contacted on a timely basis by an informed member of the department and/or committee. Remember that marketing the university and department to prospective candidates is essential to the process.

3.4)

Review and share highlights of the department’s current utilization demographics and past employment activity data with the committee. Information that is available includes: the average number of opportunities, demographics from past applicant pools, and hiring “results” from recent years.

Examples of how demographics can inform the screening processes: a) The data may suggest that there has been sufficient diversity, based on race and gender, in past applicant pools; but hiring outcomes have not been consistent with estimated availability. b) Discuss whether any qualification statements (required and preferred) may have inadvertently eliminated certain groups of individuals. c) Discuss whether any screening processes - in the past or recommended - may indirectly contribute to the failure to be effectively inclusive and equitable during the screening stage.

(Ex: grids, matrices, other screening tools) d) Trained Inclusion Advocates should encourage discussions with committee members so that diverse but clearly related qualifications are given full consideration. For example, being open to valuing new and emerging areas of research, teaching techniques, and curricula, can strengthen an academic department and program area. Or, for APs considering if a candidate’s past experiences, other than at another college or university, is still related and relevant to the position.

3.5)

Review selection criteria chair to ensure that all participants’ interpretations of the job criteria do not negatively impact any group of applicants.

Inadvertently, statements may “imply” that certain groups of individuals are preferred and others need not apply. Although the statements may not be discriminatory in intent; their effect may result in disparate impact.

AVOID statements that may eliminate “groups” of candidates, such as: a) Our new colleague will help shape the future of a young, energetic department. b) Excellent speaking ability is essential to performing the teaching responsibilities of the position.

Page 9

c) d) e)

f)

We seek a trained Mechanical Engineer, who can collaborate and contribute to our department of experienced faculty.

Seeking a dynamic individual committed to ….

We seek candidates whose background and training provide concrete evidence that they will be excellent teachers, researchers, and colleagues, with interests and expertise that complement and supplement those of existing department members.

Three years of higher education teaching required

Examples of more open-ended, inclusive and inviting statements: a) Potential for excellence in…. b) Commitment to … OR demonstrated commitment to c) Demonstrated knowledge in XXX d) Desired, but not limited to, XXX e) Demonstrated potential for establishing a record of scholarship and publication f) Candidates committed to working with diverse populations and conversant in multicultural issues are encouraged to apply g) Successful candidate is expected to establish a reputation as an effective classroom teacher 3.6)

Facilitate a discussion early in the committee/team process regarding what are the critical selection criteria and how they will be applied fairly. The criteria as stated in the position announcement by law must be consistent with the screening criteria and all criteria must be applied equally to all candidates.

Examples of ways to facilitate discussions regarding interpretations of qualifications include: *Statements regarding qualifications (required and preferred) in the position announcement should serve as the primary guide for shaping the selection criteria and hiring decision. *Some discrimination occurs unintentionally. For instance, a search committee that almost solely looks for and favors candidates who are like themselves, not necessarily racially or ethnically, but in terms of educational background, social skills, values and behaviors, may unintentionally discriminate. As a consequence, they reject candidates whose education, experience, or research interests may deviate from the traditional academic mold; and yet qualify them for the position. *There is a significant body of work being conducted across the country to transform some curricula by integrating new scholarship dealing with issues of race, class, and gender. In some fields, many faculty of color and white women have been advised to stay away from such topics since they are not been seen as legitimate fields of study. When appropriate, candidates of all races and both genders who have studied these new fields within the discipline can or should be recognized in the position ad.

Examples of inclusive statements include: a) Candidates who value diversity of people, ideas and experiences are highly desired. b) Specialization is open within this broad domain. c) Candidates with experience working with diverse groups of stakeholders are particularly welcomed to apply. d) Candidates with experience interacting with diverse populations or students of color are valued. *Qualifications should encompass a varied description of “desired” areas when possible. A 1991 study (Smith, 1996) indicates that scholars of color may take different routes to the professoriate than majority scholars. The same is true for professionals seeking administrative positions within the domain of higher education. Candidates who have distinguished themselves in business, industry, community agencies, government and military settings as well as in traditional educational settings should be fully considered.

Examples are: a) Open to all research areas with the expectation that the research area is applicable/accessible to upper-level undergraduate students. b) Candidates who are committed to (or with potential for) excellence in teaching should be given particular or special consideration.

Page 10

c) d) e) 3.7)

Research specialization within the discipline is open; special consideration will be given to applicants with an applied focus.

Experience also in non-academic areas of work, service, and outreach will be considered in the evaluation process.

The successful candidate will be able to contribute significantly to our undergraduate and graduate programs.

Ensure that candidates with a disability who can perform the essential functions of the job with or without an accommodation are not excluded from consideration.

Our laws require that employers are required to provide “reasonable accommodation” to individuals with disabilities who request accommodations. Any accommodation that has been documented by appropriate agencies or medical personnel is included. Disabilities such as hearing impaired, vision impaired, and physical limitations, are examples that may require accommodation.

Examples: a) The inclusion advocate should ensure that all candidates who self-identify a disability (physical or mental) continue to receive full consideration based on their education and experiential backgrounds. b) If a candidate with a disability (physical or mental) who is being seriously considered for the position, then a good faith effort to reasonably accommodate the candidate is required. Seek expert advice regarding “reasonable accommodations” from Mamie Thorns, Special Assistant to the President for Diversity Programs or Disability Services?? http://www.svsu.edu/disabilityservices/)

3.8)

The stage of screening to a “short list” of candidates who appear to be the most promising and who will be selected for an interview is a critical juncture in this process.

A major barrier to diversifying the workforce is the tendency of search committees and hiring leaders to look for candidates who are “a good fit”. Focusing on the abilities of the candidates and on the criteria optimal for the job are keys to avoiding this phenomenon.

From A Guidebook for Search Committees, a seasoned academic administrator calls this phenomenon “dysconscious racism.”

An example of dysconscious racism includes the predisposition of search committees to look for and favor candidates who are lie themselves, not necessarily racially or ethnically, but in terms of educational background, social skills, values and behaviors, and to reject candidates whose education, experience, or research interests deviate from the traditional academic mold.

Consider expanding the evaluation criteria. Ultimately, to diversify the faculty, the criteria used for hiring must also be diversified.

Example: a) Recruit and favor candidates who have distinguished themselves in business, industry, community agencies, government and military settings as well as in traditional educational settings. b) For faculty candidates, look beyond publishing records alone to other measures of academic merit. c) For professional candidates look closely for the relevancy from non-academic work experiences. d) Teaching excellence, work experiences – including in non-higher educational settings, service and outreach records should also be considered when evaluating candidates.

Another bias in hiring practices is to most often eliminate candidates on the basis of their educational preparation, with the highest rankings tending to go to candidates from the most elite universities.

Committees assume that only candidates holding degrees from top graduate programs are worthy of consideration. Scholars of color and professionals of color may take different routes to the professoriate and professional careers, than the majority.

Page 11

3.9)

Examine letters of reference and other supporting documents carefully for evidence of unintentional bias.

Often the more detail the letter of reference the more persuasive. The longer letter shows care, while a brief letter may be due to laziness of the recommender, rather than having nothing positive to say about the applicant. Whatever the reason, the shorter letter reflects on the applicant.

Be cautious about statements that raise doubt. In one study, comparing male and female applicants for faculty positions, doubt raiser statements appeared an average of 1.7 times in letters for females and 1.3 times for males.

Inappropriate doubt raisers include: * comments about candidate’s personal life * health problems * unexplained career changes * female stereotypic adjectives (Ex: compassionate, dependable, meticulous, diligent) A doubt raiser statement like: “Her great gift is teaching, especially in small groups and one-on-one.”

This may inappropriately raise questions about the candidate’s ability to teach in large lecture settings.

See Articles: “Exploring the color of glass: letters of recommendation for female and male medical faculty;” from Discourse and Society, 2003.

3.10)

Participate in the discussion of candidates as an advocate not as a critic or barrier.

Consider these do’s and don’ts: DO: focus on and be cognizant of the many diverse relevant criteria and characteristics that make up desired qualifications for a position, and advocate for their consideration and inclusion in the process, with the goal that it broadens the process and the pool in a manner that is fair to all.

DO: A search committee member, in a moment of frustration, makes a comment directed toward you that a well qualified candidate (who happens to be white or male or both) is being excluded just so that a woman or minority can be considered for appearances sake only; Be clear in your response that the fair consideration of a qualified woman or minority, and including them in the pool or final list is not excluding someone else because of their gender, race or ethnic classification DON’T: Demand or suggest that a person be hired or selected or be included in the final list to be considered just because of their gender race or ethnicity DON’T: Make accusatory judgments or statements during the process that in your opinion a decision, statement or action by a member of the committee, or the committee as a whole is necessarily discriminatory or biased

Role #4. On campus interviews

Help develop an interview plan and campus visit that establishes consistent and reasonable expectations for all participants, including encouraging consideration of ground rules, full participation by interview committee participants, and effective ways for candidates to learn about and value your organization as a prospective employer. Also, encourage efforts to learn about what each candidate can bring in terms of different perspectives, approaches, interest areas or experiences of value to the department and the university.

4.1)

Preparation, prescreening and planning are the keys to making the interview process be a valuable and credible resource to successful hiring. Many resources are available regarding effective interviewing.

Page 12

SVSU’s Employment page (http://www.svsu.edu/hr/forms/recruitment.html) provides several resources to help prepare for the interviews, including “What not to ask when interviewing candidates,” “Candidate Interview summary sheet,” and Sample Interview Questions.”

When there is a high volume of candidates for a position, prescreening processes such as telephone interviews and requesting written responses to a few prescreening questions are appropriate techniques to consider.

Interview bias can create problems by misinterpreting the information interviewers receive from the interviews. Interviewers must take precautions to ensure that their preconceptions don’t overly influence their judgment.

Common factors that create problems in interviewing include: a) Stereotyping causes presumptions that may be inappropriate b) Inconsistency in questioning c) First impression error; snap judgments may could the entire interview d) Negative or positive emphasis about candidate on basis of small amount of negative information often called the halo or horn effect. e) Undue emphasis placed on nonverbal cues unrelated to job performance f) Contrast effect, when strong candidates interview after weaker ones and may appear even more qualified than they actually are because of the contrast g) Similar-to-me error involves picking candidates with personal characteristics that they share with the interviewer rather than job-related criteria h) Cultural noise is the failure to recognize responses of a candidate that are socially acceptable rather than factual; watch for candidates who may be giving responses that are “politically correct.”

Preparation steps to consider: a) Develop an interviewing structure that can be kept consistent with all candidates. As much as possible standardize the questions, the environment and the interviewers involved so you can really compare apples to apples. b) Choose the interview format carefully. One-on-one meetings can put the candidate more at ease and facilitate conversations; but having several interviewers provides more objectivity.

For example, have one person focus on employment history and experience, another on skills capacity/job requirements, and a third on culture/personality. c) Discuss what you want to know from the candidates that will supplement their application materials. Consider brainstorming about the characteristics of an ideal candidate. Identify the core competencies that are required for success in this role and in the university as a whole.

Keep in mind that some competencies should be based around skills and experience, whereas others should consider personality attributes and culture. d) Ensure questions are relevant to the core competencies and qualifications required to perform the job. Include: *Behaviorally Based –asking candidates to describe past experiences in which they successfully demonstrated specific competencies.

Open-Ended–allowing insight into a candidate's thought processes without "leading" the answers you want or requiring unknowable, organization-specific facts. e) Structure interviews to provide candidates with multiple opportunities to prove their potential values and abilities to succeed in the role. Interviewing should not intentionally put a jobseeker on the "hot seat" just because someone once did the same to you. It is easy to miss out on a great candidate if you focus more on making someone nervous and setting them up for failure than you do on evaluating their potential. f) Begin with introductions, a review of the meeting goals and timetable, and opening questions designed to put the candidate at ease. g) Consider having a template to quickly write notes around responses. Know that your notes may be used as evidence in any employment-related lawsuit, so please make sure to keep them focused around required qualifications and competencies. (See Recruitment Resources for Samples)

Page 13

h)

i)

Remember that in a good interview, information should flow both ways. Plan time in the interview to take advantage of this opportunity to tell the university’s story, whether or not they are right for this particular job. Allow the candidate to talk for approximately 70 percent of the time and you (and your colleagues) to speak for 30 percent of the time. Watch for responsive comments and intelligent questions.

Try to prevent immediate reactions, premature conclusions, and irrelevant subject matter from clouding your judgment about whether or not a candidate will be able to succeed in a role. You may not be able to gain adequate perspective on any one candidate until you have interviewed several individuals.

*Although all interviews should carefully consider a candidate's personality fit with the organizational culture, remember that you need to focus on selecting the right employee, not a new best friend.

Looking for candidates who “fit” suggests that only those persons or color who act white or can fit almost seamlessly into the white norm are acceptable?

A thoughtful and thorough interview process will increase your ability to evaluate candidates and make the right hires. Remember that your interview process reflects the value your organization places on its members. Viewing the interview process as an opportunity, not a chore or challenge, will communicate a positive organizational outlook and engender goodwill between candidates and your organization.

4.2)

The candidate’s impressions and reactions based on their campus visit is another important key to making a successful hiring decision.

The campus visit is an opportunity for candidates to showcase their pursuits and interests.

Candidates will also be evaluating the campus , so this is also an opportunity to showcase and highlight your institution’s strengths. This dual purpose process is an extremely important part of the effort to diversify the workforce.

In order to broaden the ability to evaluate each of the candidates, here are few things to consider prior to the campus visit: a) Provide candidate with an itinerary for the visit in advance b) Make candidates aware of any type of presentation they will be expected to make and the audience c) If a candidate asks, the interests and needs of the candidate’s spouse, family or partner should be addressed during the interview d) Provide opportunities during the visit for the candidate to network with faculty or professionals with similar scholarly or professional interests, including faculty and students of color from the same or other departments. This is especially useful when there is a small number of persons of color in the field or discipline of the potential hire. e) Become conversant about the candidate’s professional credentials in advance of their visit f) Present the campus realistically and describe any unique aspects or unwritten expectations of the position. Departmental expectations regarding teaching, research, services, and the promotion processes should be communicated honestly. Describe the tenure system and for APs describe the performance assessment process.

Role #5. Final candidate recommendation and selection

5.1)

Help assess top candidates’ strengths and potential contributions in relation to all criteria identified in the application and initial screening process, including valuing of broad and alternative perspectives and varied relevant life experiences.

Using a matrix or note taking form during the interviews to capture your thoughts around a candidate's capacities related to your specific areas of focus is usually helpful. Have all interviewers who are involved, keep notes individually and then convene the group to compare impressions. Again, know that notes may be used as evidence in any employment-related lawsuit, so please keep them focused around required qualifications and competencies.

Try to prevent considerations that appear to be immediate reactions, premature conclusions, and

Page 14

irrelevant subject matter from clouding judgment about whether or not a candidate will be able to succeed in the position.

Remember you may not be able to gain adequate perspective on any one candidate until you have interviewed several individuals.

5.2)

Colorblindness or multiculturalism? A recent University of Georgia study suggests that a colorblind workplace may not be the best model. The study found that “contrary to popular beliefs, workplaces that downplay racial and ethnic differences actually make minority employees feel less engaged with their work and minority employees sense more bias against them in these allegedly colorblind settings.” … It’s not clear whether bias is correctly sensed, but research has shown that there’s a correlation between whites who profess colorblindness and racial bias.” (Trice: “Is colorblindness or multiculturalism better for minorities?” 2009) When we assume that people are all the same, we are assuming assimilation. Also It may seem easier for people to be colorblind especially if persons of color act “white” or fit almost seamlessly into the “white” norm.

The danger of using a colorblind model is that by doing so, the racialized experiences of persons who are Black, Asian, Native American or Hispanic may be denied or devalued. Society is perceived by some as color-coded. When differences are recognized and celebrated in the workplace, (multiculturalism), persons of color generally seem to fare better and are more engaged.

5.3)

Facilitate a healthy discussion of all candidates before the committee or team makes their final recommendation.

Encourage all participants in the hiring process to share their thoughts and opinions, especially those who have typically been quieter and more reluctant to join in the discussion.

Try to balance comments or deter the actions of participants who may be trying to dominant or railroad the process.

Focus on and be cognizant of the many diverse relevant criteria and characteristics that make up desired qualifications for a position, and advocate for their consideration and inclusion in the process, with the goal that it broadens the process and the pool in a manner that is fair to all.

5.4)

Also attempt to learn from the top candidates how they heard about the opening and your university; communicate this information to Human Resources to help improve recruitment strategies for future openings.

5.5)

When candidates accept and or reject offers, attempt to learn more about their reasons and, if valuable, communicate these reasons to appropriate leaders.

Role #6. Resolving concerns

Consult with search committee chairs, committee members, department chairs, deans, hiring managers, the Special Assistant to the President for Diversity and/or Human Resources leaders regarding questions and to resolve concerns.

6.1) 6.2)

Inclusion Advocates are expected to advocate for a fair, inclusive and diverse search and hiring process. They will not judge nor attack processes, activities or statements as biased, unfair or discriminatory; and will not impose restrictions or barriers to search and hiring processes.

The committee should strive for their activities and decisions to be consistent with university policies and equitably applied to all candidates. Both the chair and inclusion advocate are primary resources for committee members.

Page 15

6.3)

The committee should strive to create a process that is open and flexible, while being non-biased for all qualified candidates. If any member of the committee is uncomfortable with decisions being made, they should express their concern openly and without fear of retribution.

6.4)

Throughout the process, Inclusion Advocates (and chairs) should encourage committee members to share their concerns openly. An open and safe dialogue should occur throughout the process regarding concerns about judgments implied, statements made, processes used, and/or resulting decisions. This environment will strengthen the committee’s work and the resulting hiring outcome.

6.5)

The Inclusion Advocate should not try to pass judgment on whether the committee activities are discriminatory; but if concerns are identified then he or she is encouraged seek advice with an appropriate university leader at any time during the search committee or hiring team activities.

BIBLIOGRAPHY Conducting Effective Interviews: What You Need to Know. Commongood Careers, February 2007 “Diversity Blueprint: A Planning Manual for Colleges and Universities,” collaboration between University of Maryland, College Park and Association of American Colleges and Universities. 1998. ISBN 0911696-73-3.

Hinton, Eric L., “Micro inequities: When Small Slights Lead to Huge Problems, in the workplace,” 2004 DiversityInc.com, May 22, 2003.

Loden, Marilyn, “Implementing Diversity,” McGraw Hill, Boston, Massachusetts, 1996.

McIntosh, Peggy, “White Privilege: Unpacking the Invisible Knapsack,” Independent School, Wellesley College Center for Research on Women, Winter 1990.

Musil, Caryn M. (1995). Diversity In Higher Education: A Work in Progress. Association of American Colleges & Universities. 1-68.

Rowe, Mary P., “Fostering Diversity: Some Major Hurdles Remain.” AAD Project.

Aad.english.ucsb.edu/docs/change6.html.

Rowe, Mary P., Barriers to Equality: The Power of Subtle Discrimination to Maintain Unequal Opportunity,” Employee Responsibilities and Rights Journal, Vol. 3, No. 2, 1990, pp. 153-163.

Smith, Daryl and Associates. ( 2002). Diversity Works: The Emerging Picture of How Students Benefit.

Association of American Colleges & Universities. 1-153.

Smith, Daryl, (1996), Achieving Faculty diversity: Debunking the Myths. Association of American College and Universities. 1-151.

Trice, Dawn Turner, Is colorblindness or multiculturalism better for minorities? Chicago Tribune, march 25, 2009.

Trix, Frances and Psenka, Carolyn. (2003). Exploring the color of glass: letters of recommendation for female and male medical faculty. Discourse & Society, Vol 14(2): 191-220.

Turner, Caroline, (2002). Diversifying the Faculty: A Guidebook for Search Committees. Association of American Colleges & Universities. 1-56.

Page 16

Inclusion Advocates (IAs)

SVSU RESOURCES

This section contains samples of resource materials developed at SVSU for leaders involved in hiring activities.

Section Contents 1.

Action Steps for Diversifying Faculty/Staff 2.

Guidelines for Faculty Recruitment https://www.svsu.edu/academicaffairs/resourcesforfaculty/facultyh iringguidelines/

3.

SVSU Employment Site: http://www.svsu.edu/hr/employment/

4.

Hiring Checklist for Faculty Positions

5.

Hiring Checklist for Administrative/Professional Positions

6.

Hiring Checklist for Secretarial/Clerical Positions

7.

Hiring Checklist for Campus Facilities Positions

8.

Recruitment Checklist

9.

Advertising Information

10.

Interview Preparation/Guidelines

11.

What NOT to Ask When Interviewing Candidates

12.

Conducting Effective Telephone Interviews

13.

Sample Effective Telephone Interview Questions

14.

Behavioral Competencies and Interview Questions

15.

On‐Campus Structured Interviews

16.

Do’s and Don’ts of Reference Checking

17.

Information for Prospective Employees

18.

Hiring Manager User Guide – People Admin Cover, Table of Contents & Introduction to 29 page document

Many of the above documents can be obtained at: http://www.svsu.edu/hr/forms/recruitment.html

1

From: https://www.svsu.edu/academicaffairs/resourcesforfaculty/facultyhiringguidelines/

2

Guidelines for Faculty Recruitment Office of Academic Affairs These guidelines were developed to update the longstanding Office of Human Resources hiring document. The Faculty Search Committee and/or Academic Department may adjust these guidelines within the individual Colleges, in consultation with the Dean's Office, to fit the needs of the specific discipline and College.

However, these guidelines are intended to ensure a high degree of uniformity in hiring practices.

1.

Establishing Need for a Faculty Position/Line

•

All new positions should be junior level (Lecturer, Instructor, Temporary Instructor, or Assistant Professor) unless otherwise authorized by the Dean's Office.

•

Requests for faculty position/line are made in coordination with the Dean's Office, usually through the “Academic Program Assessment and Departmental Planning Report.”

•

All faculty searches must begin with the “Authorization to Begin Recruitment” form to be signed by the Dean and Provost. No faculty search may be implemented without the proper signatures affixed to this form, authorizing the search and the salary line.

2.

Writing the Job Description

The Department Chair has the primary responsibility of submitting the job description in consultation with the Dean. The Office of Human Resources will make sure that the non-discrimination statement is added to the description before it is sent in for publication. The Chair and the Dean shall confer on the appropriate publishing venues (including on-line venues), but the Dean has approval authority, given that funding is involved. Job descriptions that are relatively broad and flexible are preferred over those that are narrow and very specialized.

3.

Establishing a Search Committee • The Search Committee should comprise faculty members from the academic department to which the newly recruited faculty member would be assigned, one of whom shall serve as Committee Chair. The academic department, in consultation with the Dean, should establish the size of the search committee.

•

The committee should also include one faculty member from outside the department and one student representative (the student is non-voting).

•

The Search Committee should be as demographically diverse as possible. The committee should normally include an Inclusion Advocate (unless none are available). To the extent possible, the Committee should make a deliberate effort to include at least one faculty member from an underrepresented demographic group (African American, Hispanic, etc.) and should also be diverse with

• 4.

respect to gender.

The Search Committee reports directly to the Dean.

Receiving and Evaluating Applications

SVSU receives all employment applications electronically. The Office of Human Resources governs this process and all applications for the faculty position must be submitted electronically to http://www.svsu.edu/hr/employment/. The Chair of the Search Committee coordinates with the Coordinator of Employment in the Office of Human Resources to publish the employment ad, to receive applications, cover letters, vitas, and other documents sent by applicants, and to provide members of the

Search Committee with on-line password access to these files. There is an on-line tutorial linked to the Office of Human Resources website to facilitate the use of this automated employment application system.

5.

Evaluating Applications

The Office of Human Resources will receive all applications and log them in before sending them to the Dean or Search Committee. The Search Committee then establishes a short list of three or four applicants that they would like to recommend for an invitation to campus for an interview. The Search Committee generally should engage in phone interviews and/or conference phone calls as it works to designate its short list. Alternatively, preliminary interviews can occur at professional conferences. The Committee must also check references at this juncture. The short list is conveyed to the Dean's Office where the invitation to interview is made.

6.

Interview Itinerary

The Search Committee Chair works with the Dean's secretary to schedule the on-campus interview. It should be noted that candidates, in consultation with the Dean's office, are required to book and pay for their own flights. They will be reimbursed at the time of the interview. The Dean's Office will book the hotel. The Chair of the Search Committee works with the Dean's Office to develop the interview itinerary, which should include a summary of the applicant's vita and a schedule of activities. These activities should include a classroom presentation or seminar, tour of the campus, and visits with at least the following: • Faculty Search Committee

• • • • •

7.

Departmental Faculty Members who are not on the Search Committee Special Assistant to the President for Diversity Dean Provost and Vice President for Academic Affairs (unless the Provost waives this stipulation) If appropriate, the director of applicable support programs such as the Writing Center, the Math Resource Center, Library, etc.

The Interview Process: • When an applicant is scheduled to visit the campus for an interview, the Chair of the Search Committee designates specific tasks among the committee members, including faculty to transport the applicant to and from the airport (and to and from the hotel), serve as hosts at meals on and off campus, and to

•

serve as guides and escorts while the candidate is on campus interviewing.

The Dean should communicate to the Chair of the Search Committee expense allocations and/or cost limits for meals that will be provided to university personnel and the candidate in advance and in writing.

•

The Search Committee Chairs must inform the candidate of the exact nature of the position; e.g., that a temporary appointment lasts solely for the academic year without guarantee of any contract renewal for future academic years or, if relevant, explain the contractual definition of Lecturer at SVSU. If the position is tenure track, the Search Committee Chair should explain the evaluation system and

•

academic career ladder to the candidate pursuant to the Faculty Contract.

Search Committees shall abide by all labor and employment laws and refrain from asking improper questions. A set of guidelines dealing with interview questions is linked to the ESC site and all Search Committee members should be instructed to consult the material in this link.

•

•

If the candidate is ABD (all but dissertation) the Dean has the discretion to require documentation from the applicant's dissertation committee or from the Chair/Dean of that doctoral program indicating the candidate's expected date of completion.

The Search Committee shall forward to the Dean a list of all acceptable candidates along with a hiring recommendation. If the committee only lists one acceptable candidate for hiring, then the Dean may require that additional candidates be brought in for in-person interviews before any offer of

employment is made. The credentials and professional backgrounds of candidates invited to campus for

•

interviews should align with the contents of the job description.

If a candidate is brought to the campus for an interview, and the Search Committee subsequently finds the candidate to be unacceptable, the Chair of the Committee must specifically state the reasons for this recommendation in writing to the Dean.

•

The Dean, in consultation with the Provost is vested with the authority to issue offers of employment, negotiate and establish salary compensation, and assign academic rank based on credentials and professional experience. The Dean's Office issues the employment contract after the candidate accepts the offer of employment and works with the academic department to establish teaching assignments for the new faculty member.

The Dean's Office, in consultation with the Office of Human Resources, explains the university benefit package, including: • medical, dental, and vision insurance

• • • • • • • 8.

retirement plan disability insurance, accidental death/dismemberment insurance, and accelerated death benefit package as appropriate tuition waivers for SVSU classes (for family members) home computer loan program membership to Ryder Center for employee and family and affiliate membership in the Bay City Country Club Zahnow Library access for employee and family Waivers for Background Checks

The Dean's Office, in consultation with the Office of Human Resources, shall inform prospective new employees (before candidate signs employment contract) that they will be subjected to three verifications and must sign a waiver giving the university permission to engage in such background checks:

•

Social Security Number: This is done to verify name, current and former addresses, current and past employers, consistency of past employment, and to make sure that the candidate is eligible for

•

employment in the United States.

Educational Credentials: To confirm the candidate has actually attended the college/university

•

designated on the vita, the number of years attended, and the precise degree received.

Criminal History (felony records): To prevent legal liability on the part of the university for negligent hiring.

9.

Hiring Non-U.S. Citizens

•

The Dean's Office, in consultation with the Provost, must first approve the short-listing of a candidate who is not a U.S. citizen and has discretion to reject such requests. The candidate's visa status and employment eligibility must be determined by the Provost's Office in consultation with the Office of International Programs.

•

•

The university shall adhere to federal law 72 Fed. Reg. 27904 (May 17, 2007) that requires the university "to pay the costs of preparing, filing, and obtaining certification" (for eligibility to work in the U.S.) if the university determines that it wants to hire a non-U.S. citizen.

The prospective employee is responsible for making sure all appropriate documents are submitted to the university to permit the university to legally employee the individual. The candidate must be informed in writing that employment with SVSU remains contingent upon SVSU's ability to lawfully

•

employ him or her pursuant to applicable immigration laws.

SVSU must demonstrate that appropriate efforts were made to advertise the position in publications accessible to American citizens. Websites and list servers alone do not meet the criteria for a thorough recruitment plan when applying for immigrant visas. Although these sources are an excellent means of attracting qualified candidates, The Michigan Department of Career Development, Employment Service

Agency requires at least one print advertisement to support application for immigrant visa. Legal counsel recommends advertising in a national, discipline-specific, publication other than the Chronicle.

It is recommended that the following language be included in all faculty appointment letters involving nonU.S. citizens to maintain consistency: • If an H-1B nonimmigrant visa is required in order to be lawfully employed by SVSU, the University will provide the legal assistance necessary to obtain approval for H-1B classification from the Bureau of Citizenship and Immigration Services.

•

The university shall adhere to federal law 72 Fed. Reg. 27904 (May 17, 2007) that requires the university "to pay the costs of preparing, filing, and obtaining certification" (for eligibility to work in the U.S.), if the university determines that it wants to hire a non-U.S. citizen. It is not SVSU's policy to pay expenses associated with obtaining the appropriate immigration status for spouses and/or dependents.

•

The new employee is encouraged to discuss this matter with SVSU's legal counsel as soon as possible.

If the new employee is accepting a tenure track position with SVSU and needs an immigrant visa in order to remain lawfully employed by the University, it is SVSU's policy to provide necessary supporting documents required by pertinent federal agencies. However, the employee is responsible for the

•

payment of all associated fees and expenses not covered by the federal law.

If the employee is or will be in H-1B or other nonimmigrant status in relation to employment at SVSU, permanent residency proceedings should be started as soon as possible after beginning employment with SVSU, as a Labor Certification application must be filed with the U.S. Department of Labor within 18 months of the date that the employee accepts the SVSU appointment. Failure to meet this deadline will require SVSU to begin a new recruitment campaign for the position and could result in SVSU being required by federal law to terminate this employment. The employee is responsible for all of these expenses unless otherwise indicated by the university advance and in writing.

•

Regardless of whether the employee has received a tenure track appointment, employment at SVSU shall remain subject to, and contingent upon, SVSU's ability to lawfully provide employment pursuant to applicable immigration laws.

Revised 07-15-2013

SVSU EMPLOYMENT SITE

http://www.svsu.edu/hr/employment/

3

Hiring Checklist for Faculty Positions

4

Initiation of Posting

Authorization to Begin Recruitment is created in Dean’s Office via www.jobs.svsu.edu

and is

submitted to the Vice President for Academic Affairs for approval. Prior to creating the Authorization, the Department/Search Committee Chair must provide the following to the Dean’s Office:

Job Summary

Minimum and Preferred Qualifications

List of requested publications for advertisement

Requested Guest User Password for committee members to utilize to view applications (must be at least 6 characters)

Position is routed electronically ECS will e-mail position announcement to faculty and staff when received.

ECS will place ad in appropriate approved publications/websites.

Process/ /Checking Screening of Application Materials/Interviewing Process Checking References References

Review application materials online at www.jobs.svsu.edu (Faculty Profile, Cover Letter, Vitae).

Change Applicant Statuses appropriately to ensure that applicants receive the appropriate statuses for documentation purposes and so that applicants are responded to in a timely manner. Please see Steps for Search Committee Chairs for complete procedures. The system will automatically e-mail applicants regret letters depending on the status you chose.

Interview candidates – Ask only job-related questions and be consistent with each interview.

Refer

to What NOT To Ask Applicants : http://www.svsu.edu/ecs/pdf/ecs_forms_questions_not_to_ask.pdf

Compile a list of prepared questions based on the competencies required for the position. Ask these same questions to all applicants. Applicants must be treated consistently. See: Focused

Interview Questions attachment for a list of suggested questions broken down by individual competency.

Each interviewer must complete and sign a Faculty Candidate Evaluation Form: Form: http://www.svsu.edu/ecs/pdf/ecs_forms_candidate_eval_form.pdf ,for each candidate interviewed.

It is recommended that references are conducted on any candidates being considered. Please refer to: Targeted Reference Check Form & Do’s & Don’ts of Reference Checking document.

After the Search Committee has come to a hiring decision on the chosen candidate, the Search Committee Chair must complete an Interview Summary Form: Form: http://www.svsu.edu/ecs/pdf/ecs_forms_interviewsumsht.pdf , indicating: names and titles of all individuals that were part of the interviewing process; names of all candidates interviewed; type of interview(s) conducted; and reason for choosing selected candidate.

Search Committee/Chair make recommendation to Dean

Offer/Completion of Hiring Process

Verbal offer to selected candidate contingent upon acceptable results of a background check.

Background Check - Candidate must complete and sign the Pre-Employment Certification/Release Form: http://www.svsu.edu/ecs/pdf/ecs_forms_pre-employment_release.pdf and fax to ECS at 989964-7066. Average turnaround time is 5 days. Candidate must not physically report to work prior to conformation of completed background check by ECS. ECS.

Complete HR Action Form for the selected candidate including start date, salary, correct title, account number, etc. Gather appropriate signature(s) and forward to ECS. This form initiates payroll for the chosen candidate.

Faculty Contract Change the status off each applicant in jobs.svsu.edu to the appropriate status. All applicants must be responded to either by auto ee-mail or by personal contact from the hiring manager before the position can be closed.

Return the following forms to ECS

Candidate Evaluation Forms http://www.svsu.edu/ecs/pdf/ecs_forms_candidate_eval_form.pdf ) Interview Summary Sheet, summarizing the hiring decision http://www.svsu.edu/ecs/pdf/ecs_forms_interviewsumsht.pdf

Direct the new employee to begin the new hire paperwork, and view the orientation schedule at: http://www.svsu.edu/ecs/benefits/index.cfm?doc_id=4395 New employee will need to sign up for a benefits orientation session with ECS at 964-7100 .

For questions regarding the Hiring Process, please contact Jodi Hutchinson at x4112 or jhutch@svsu.edu .

K:\JLH Files\Strategic Hiring\Hiring Checklists\Electronic Hiring Checklist for Faculty Positions, 11-07-06.doc

Hiring Checklist for Administrative/Professional Administrative/Professional Positions

5

Posting Process

Job Description Analysis and Review

Update the essential duties and responsibilities of the position.

Identify minimum

See Focused Interview

qualifications, and competencies required for the position.

Questions for a list of intellectual, interpersonal, and leadership competencies to consider.

Email final copy of updated job description to jhutch@svsu.edu for ECS files.

Create Authorization to Begin Recruitment via www.jobs.svsu.edu

and submit to appropriate

authority for approval. The job summary and minimum qualifications should be cut and pasted directly form the newly updated job description. It is highly recommended to utilize the posting specific questions feature when creating the Authorization. This allows applicants to be screened based on minimum qualifications.

ECS will e-mail position announcement to faculty and staff.

Hiring Manger consult with ECS on advertisement placement.

Process/ /Checking Screening of Application Materials/Interviewing Process Checking References References

Review application materials online at www.jobs.svsu.edu (Staff Profile, Cover Letter, Resume).

Change Applicant Statuses appropriately to ensure that applicants receive the appropriate statuses for documentation purposes and so that applicants are responded to in a timely manner. The system will automatically e-mail applicants regret letters, depending upon the status you have selected. Please see: jobs.svsu.edu Steps.

Interview candidates – Ask only job-related questions and be consistent with each interview. Refer to What NOT To Ask Applicants : http://www.svsu.edu/ecs/pdf/ecs_forms_questions_not_to_ask.pdf

Compile a list of questions based on the competencies required for the position. See: Focused

Interview Questions for a list of suggested questions broken down by individual competency.

Each interviewer must complete and sign a Candidate Evaluation Form: Form: http://www.svsu.edu/ecs/pdf/ecs_forms_candidate_eval_form.pdf ,for each candidate interviewed.

It is recommended that references are conducted on any candidates being considered. Please refer to: Targeted Reference Check Form & Do’s & Don’ts of Reference Checking

After the committee has come to a hiring decision on the chosen candidate, the hiring manager must complete an Interview Summary Form: Form: http://www.svsu.edu/ecs/pdf/ecs_forms_interviewsumsht.pdf , indicating: names and titles of all individuals that were part of the interviewing process; names of all candidates interviewed; type of interview(s) conducted; and reason for choosing selected candidate.

Offer/Completion of Hiring Process

Verbal offer to selected candidate contingent upon acceptable results of a background check.

Background Check - Candidate must complete and sign the Pre-Employment Certification/Release Form: http://www.svsu.edu/ecs/pdf/ecs_forms_pre-employment_release.pdf and fax to ECS at 989-964-7066. Average turnaround time is 5 days. Candidate must not physically report to work prior to conformation of completed background check by ECS. ECS.

Complete HR Action Form for the selected candidate including start date, salary, correct title, account number, etc.

Gather appropriate signature(s) and forward to ECS.

payroll for the chosen candidate.

This form initiates

Appointment Letter - As soon as ECS has all necessary information, ECS will prepare appointment letter for appropriate Vice President’s approval and signature.

Change the status off each applicant in jobs.svsu.edu to the appropriate status. All applicants MUST be responded to either by auto ee-mail or by personal contact from the hiring hiring manager before the position can be closed.

Return the following forms to ECS

Candidate Evaluation Forms http://www.svsu.edu/ecs/pdf/ecs_forms_candidate_eval_form.pdf )

Interview Summary Sheet, summarizing the hiring decision http://www.svsu.edu/ecs/pdf/ecs_forms_interviewsumsht.pdf

Direct the new employee to begin the new hire paperwork, and view the orientation schedule at: http://www.svsu.edu/ecs/benefits/index.cfm?doc_id=4395 New employee will need to sign up for a benefits orientation session with ECS at 964-7100 .

6 Hiring Checklist for Secretarial/Clerical Positions (Detailed) Posting Process

Review Job Description and make any necessary updates/changes. If significant changes are made to the duties and responsibilities of the position and/or position requirements, the job description must be evaluated to determine appropriate Grade Level.

Complete

and

submit

the

Authorization

to

Begin

Recruitment

via

www.jobs.svsu.edu and round electronically for appropriate approvals.

All positions will be posted on the ECS website and will be open only to support staff members for 5 working days.

Screening/Interviewing Process

Receive application materials from ECS.. If there are no internal candidates, the position will be advertised externally and will be open to external candidates.

Complete Applicant Screening Sheet for each internal candidate, indicating whether the candidate meets/does not meet the position requirements and any comments.

Per Article 18.500 of the Support Staff Staff contract: Employees of the secretarial clerical division, the supervisor will make a selection of the applicant that you feel is best qualified. BestBest-qualified person shall be based upon consideration of such factors as a candidates length of service, previous work history, (attendance, discipline, and work performance), interpersonal skills and other factors.

Interview Candidates. Ask job-related questions only.

A minimum of the top

three internal candidates must be granted an interview.

External candidates will

not be considered until all members of the bargaining unit that applied have been interviewed and considered by the employing supervisor (as per Article 18.400 of the support staff contract).

Each interviewer must complete and sign a Candidate Evaluation form for each candidate interviewed. This should reflect each interviewer’s personal opinion.

After committee has come to agreement on the chosen candidate, the hiring manager must complete an Interview Summary Form, indicating: names and titles of all individuals that were part of the interviewing

process; names of all candidates interviewed; type of interview(s) conducted; reason for choosing selected candidate.

Offer/Completion of Hiring Process

Verbal offer to selected candidate..

For External Hires:

The he verbal offer is to be contingent upon completion of a background check if you are hiring a nonnon-SVSU employee.

Candidate must complete and sign the PrePre-Employment Certification/Release

available

on

the

ECS

website:

www.svsu.edu/ecs/forms and fax to ECS at 989989-964964-7066.

Average turnaround time is 5 days.

Complete HR Action form for the selected candidate including start date and salary. This form initiates payroll for the chosen candidate. candidate.

Appointment Letter – ECS will prepare appointment letter for appropriate vice president’s signature and approval.

Return

the

following

documents/completed

forms

to

Employment

&

Compensation Services:

All remaining resume folders including the folder for the chosen candidate.

For positions that are filled internally, it is strongly recommended that departments contact applicants directly.

For

positions that are filled externally, candidates, except for the person hired, will automatically be sent “Position “Position Filled” letters unless otherwise noted by department.

Applicant Screening Forms for each applicant

Candidate Evaluation Forms

Interview Summary Sheet

HR Action Form for selected candidate

Have new employee make appointment with ECS at 964-7100 to discuss and enroll in benefits (if applicable) and to complete I-9 and tax forms.

Hiring Checklist for Campus Facilities Positions (Detailed)

7

Internal Candidates Posting Process: <

Review Job Description and m ake any nece ssary upd ates/cha nges. If significant changes are made to the duties and responsibilities of th e p osition an d/o r po sition re qu irements, the job description must be evaluated to determine ap pro pria te G rad e L ev el.

<

Com plete and su bm it a signed Authorization to Begin Recruitment Form to Employment & Compensation Services (ECS), Wickes 373.

<

All positions w ill be po sted on the E CS we bsite a nd in custodial brea k roo m s an d w ill be op en only to sup port staff m em bers for five wo rking days.

Screening/Interviewing Process: <

Receive Application (s)/Bid sheets from ECS. If the re are no internal candidates, refer to the External Posting Process section below. If the position is being filled internally by Best Qualified, see Best Qualified section below.

<

Com plete Applican t Scre ening S heet for e ach internal can dida te, indicating wh ether the can dida te meets or does not m eet the po sition requ iremen ts and an y com m ents.

Selection: <

Per Article 18.500 of the Support Staff Association contract, “For employees of the Plant/Business Services Division, the selection o f th e a pp licant shall be the most senior employee applying for the position who meets the minimum requ irem ents.”

Completion of Hiring Process: <

Com plete an HR Action form for the selec ted can dida te including start da te and sa lary and forw ard to ECS. (This form initiates p ayroll for ch ose n ca ndidate .)

<

Return the following documents to ECS: • Ap plican t Scre ening S heet • All folde rs con taining applications /resum es/b id she ets • Com plete d HR Action F orm for sele cted can dida te

<

Notify internal candidates who were not awarded position.

Best Qualified / Internal Candidates (Assistant Foreman / Foreman – Article 10.304) Screening/Interviewing Process: <

Interview candidates. Ask job-related questions only. A minimum of the top three internal candidates must be granted an in te rvie w . External candidates will not be considered “un til all m em be rs of the b arg ain ing un it who bid during the posting period have been interviewed by the employing supervisor.” (As per Article 18.400 of the Support Staff Asso ciation con tract.)

<

Each inte rvie wer m ust com ple te a nd sign a Ca nd ida te E va lua tion form for e ach can did ate inte rvie wed . This shou ld reflect each interviewer’s personal opinion.

<

Com plete the In tervie w S um m ary Sheet.

<

Return the following documents to ECS: • All resu m e/bid she et folders • Ap plican t Scre ening S heets • Candidate Ev alua tion Form s • Interview Sum mary Sheet • HR Action Form for sele cted can did ate (to in itiate p ayroll)

<

Notify unsuccessful ap plican ts. It is recomm ended that departments notify candidates who were not selected. ECS will sen d co rrespondence if nece ssary.

External Posting Process (if there are no internal applicants after the five-day posting period) Posting Process: <

Po sition w ill be ad vertised a nd open to exte rnal ca ndidate s. W ork with ECS on announce m ent.

Screening/Interviewing Process: <

Receive resumes from ECS.

< Scre en resum es b ase d on qualifications o utlined in the advertisem ent. < Com plete Applicant Screening Sheet for each candidate and return any folders for candidates who are no longer being con sidered to ECS to ensure an orde rly and timely resp onse from the U nive rsity.

< Interv iew can dida tes – Ask only job related question s an d be co nsiste nt.

• •

Each interviewer must complete and sign a Can didate E valuation Form for each candidate interviewed.

After the comm ittee has come to an agreeme nt on the chosen candidate, the hiring manager must complete an Interview Sum ma ry Form ind icating na m es an d title s of all in div idu als who were p art of the interviewing process; names of all candidates interviewed; type of interview(s) conducted; and reason for choosing selected candidate.

Offer/Completion of Hiring Process: <

Verbal offer to a selected candidate is contingent upon clear results of a background check.

<

Background Check – Can did ate m ust com ple te a nd sign th e P re-Em plo ym en t Ce rtifica tion /Re lea se Form av aila ble on the ECS w ebsite: ww w.svsu .edu/ecs/form s and fax to: ECS at 989-964-7066. Average turnaround time is five days.

<

Com plete HR Action Form for the selected candidate includ ing sta rt date and sa lary and forw ard to ECS to initiate pa yroll.

<

Appointment Letter • ECS will prepare an appointment letter for vice president’s approval and signature.

<

Return the following documents and completed forms to ECS: • All resume folders including the folder of the chosen candidate. These candidates, except for the person hired , will autom atica lly be sent “P osition Filled” letters u nles s otherw ise noted by the dep artm ent.

• Applicant Screening Forms for each applicant • Candidate Evaluation Forms for each applicant • Interview Sum mary Sheet • HR Action Fo rm for sele cted can dida te

<

Have new employee make appointment with ECS at 964-7100 to discuss and enroll in benefits (if applicable) and to com plete I-9 and tax forms.

8

RECRUITMENT CHECKLIST Check when completed

PROCESS

RESPONSIBILITY OF:

Prepare Authorization to Begin Recruitment Form

Initiating Department

Sign Recruitment Form

Vice President

Work with ECS on ad

Initiating Department

Selection Committee Appointed (Optional)

Vice President

Screening of Resumes & Cover Letters (See ECS for Support Material if Needed)

Initiating Department

Select Top Applicants for Interview

Initiating Department

Schedule Interviews with Selected Candidates

Initiating Department

Interviews held

Initiating Department

Send Resumes of those No Longer Considered to ECS

Initiating Department

Selection & Verbal Job Offer (Contingent Upon Reference & Background Check)

Initiating Department

Optional Supplemental Reference Checks may be done at this time

Initiating Department

Manager Making Offer Must Refer Candidate to ECS Website to fill out Pre-Employment Certification/Release Form. Candidate must return/fax form to ECS

Initiating Department

Prepare appointment letter (use format available on website)

Initiating Department

Return any Remaining Resumes to ECS

Initiating Department

Send completed HR Action Form along with signed Appointment Letter to ECS

Initiating Department

K:\recruitment\RECRUITMENT FORMS\Recruitment Checklist for Departments.doc

Â

10

11

What NOT To Ask When Interviewing Candidates Following are illegal inquiries listed by category.

We have also provided questions that are acceptable in a few of these categories.

Age • •

DO NOT ask an applicant’s age or date of birth.

DO NOT request a birth certificate prior to hiring.

Birthplace • DO NOT ask birthplace of applicant or that of his/her parents, spouse or other close relatives.

• DO NOT require an applicant to submit birth certificate, naturalization or baptismal record.

Citizenship • DO NOT require proof of citizenship before hiring.

• DO NOT inquire whether parents and/or spouse is native born or naturalized citizens of the United States.

• DO NOT ask country or date of citizenship You May Ask: Are you legally authorized to work in the United States? (yes or no) Will you now or in the future require sponsorship for employment visa status?

Disability/Handicap • DO NOT make inquires regarding an individual’s physical or mental condition which are not directly related to the requirements of a specific job. This is illegal and inappropriate.

You May Ask: After describing the essential duties of the position, you may and should ask candidates if they are able to perform the position as described.

Gender • DO NOT make any inquiry regarding gender.

Height and Weight • DO NOT make any inquiry regarding applicant’s height or weight.

Marital Status/Parental Status • DO NOT require or ask an applicant to provide any information regarding marital status or children.

Name • DO NOT ask applicant’s maiden name or any previous name he/she has used.

• DO NOT ask if a woman is Mrs., Miss or Ms. National Origin • DO NOT inquire into applicant’s lineage, ancestry, national origin, descent, parentage or nationality.

• DO NOT inquire about the nationality of an applicant’s parents or spouse.

• DO NOT ask how foreign language ability was acquired.

Organizations • DO NOT request a listing of clubs, societies and lodges to which applicant belongs or has belonged.

Photograph • DO NOT require a photograph prior to hire.

• DO NOT take pictures of applicants during interviews.

Race/Color • DO NOT make any inquiry that would indicate race and/or color of skin.

Religion • DO NOT inquire into an applicant’s religious denomination, religious affiliations, customs, church, parish, pastor, or religious holidays observed.

A “Pre-Employment Inquiry Guide” brochure from the Michigan Department of Civil Rights is available in the Employment and Compensation Services (ECS) office. This brochure explains lawful and unlawful inquiries during the interview process. If you have any questions regarding the interview process, please contact ECS at (989) 964-4112.

CONDUCTING EFFECTIVE TELEPHONE INTERVIEWS…..

12

Preparing for the Telephone Interview 1. Review job requirements Have a copy of the current job description and posting available during the screening session

2. Review applicant’s resume, cover letter and profile Familiarize yourself with the applicant’s cover letter, resume, and staff/faculty profile

3. Develop appropriate questions and outline what you expect for answers 4. Prepare a questionnaire and candidate evaluation form that will be used for all applicants Sample Telephone Interview Questionnaire

5. Prepare a brief overview about the position and department organization Outline structure of department, general responsibilities of position, current status of opening, reporting structure, etc.

6. Block out appropriate amount of time to conduct telephone interviews to avoid interruptions Conducting the Telephone Interview Provide the candidate with a brief introduction of yourself, the Department you represent with the University – make the candidate feel comfortable Present a general overview of the career opportunity Take good, concise notes Listen to what the applicant says and how it is said Ask each candidate the same core questions Question inconsistencies in what the applicant says Use silence as a tool Take time to answer the applicant’s questions Follow up with responses to unanswered questions in a timely manner Don’t make commitments you can’t keep Explain the rest of the selection process Tips to Remember This call will be the applicant’s first contact with the University (first impressions are important) Do not invite callers in for the interview during the conversation, instead explain that you will be in contact upon completing all initial interviews Identify the next steps in the interview process

Sample Effective Telephone Interview Questionnaire

13

Work and Education History Have the candidates explain every change from position to position. Here you are looking for: signs of pro-activity, intensity, intelligence, dedication to excellence and willingness to â&#x20AC;&#x153;roll-up the sleevesâ&#x20AC;?.

Why did you choose Saginaw Valley State University? ______________________________ ___________________________________________________________________________ What appealed to you the most? ________________________________________________ ___________________________________________________________________________ What do you find least appealing? _______________________________________________ ___________________________________________________________________________ Why are you looking to leave you current position? ___________________________________________________________________________ ___________________________________________________________________________ Future Goals (Looking for a good fit for the University.)

What are your career goals? ____________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ What kind of environment are you seeking? _______________________________________ ___________________________________________________________________________ Why SVSU? ________________________________________________________________ ____________________________________________________________________________ Experience/ Track Record (Focused Interview Questions) This section would include competency based interview questions in the areas that have been identified as critical for this position. (See Focused Interview Questions for sample questions broken down by competency) What is the highest impact project you have ever completed? __________________________ ____________________________________________________________________________ ____________________________________________________________________________ Give an example of a time when you went beyond expectations to complete something. ____________________________________________________________________________ ____________________________________________________________________________

What are the 3 biggest risks you have taken in your life? _______________________________ _____________________________________________________________________________

What was the most complex project you have ever been part of? _________________________ _____________________________________________________________________________ _____________________________________________________________________________ What motivates you? ___________________________________________________________ _____________________________________________________________________________

What have been you best and worst decisions? _______________________________________ _____________________________________________________________________________ _____________________________________________________________________________ What were your most important decisions? __________________________________________ _____________________________________________________________________________

How did you handle working with difficult, scarce resources? _________________________ _____________________________________________________________________________ _____________________________________________________________________________

What were your prior bosses like? _________________________________________________ _____________________________________________________________________________

What did they feel was your style? ________________________________________________ _____________________________________________________________________________

K:\JLH Files\Strategic Hiring\Interviewing\Effective Phone Interviews, 11-09-06.doc

BEHAVIORAL COMPETENCIES AND INTERVIEW QUESTIONS

14

The following are recommended competency-based questions. Those with an asterisk (*) are recommended to be asked of all candidates. Get specific examples, not general responses.

A general format, applicable to all the Focused Questions, is: “Please describe ___________ and what specific examples can you cite?” __________________________________________________________________________________________

INTELLECTUAL COMPETENCIES 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

INTELLIGENCE ANALYSIS SKILLS JUDGEMENT/DECISION MAKING CONCEPTUAL ABILITY CREATIVITY STRATEGIC SKILLS PRAGMATISM RISK TAKING LEADING EDGE EDUCATION

11.

12.

13.

14.

15.

16.

17.

18.

EXPERIENCE “TRACK RECORD” INTEGRITY INITIATIVE ORGANIZATION/PLANNING EXCELLENCE INDEPENDENCE SELF-AWARENESS 19. ADAPTABILITY

__________________________________________________________________________________________

INTERPERSONAL COMPETENCIES 20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

FIRST IMPRESSION LIKABILITY LISTENING CUSTOMER FOCUS TEAM PLAYER ASSERTIVENESS COMMUNICATIONS – ORAL COMMUNICATIONS – WRITTEN POLITICAL SAVVY NEGOTIATION

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

PERSUASION SELECTING “A” PLAYERS COACHING/TRAINING GOAL SETTING EMPOWERMENT PERFORMANCE MANAGEMENT REMOVING “C” PLAYERS TEAM BUILDER DIVERSITY RUNNING MEETINGS

__________________________________________________________________________________________

LEADERSHIP 40. VISION 41. CHANGE LEADERSHIP 42. INSPIRING “FOLLOWERSHIP” 43. CONFLICT MANAGEMENT 44. ENERGY

45. ENTHUSIASM 46. AMBITION 47. COMPATIBILITY OF NEEDS 48. BALANCE IN LIFE 49. TENACITY

__________________________________________________________________________________________

INTELLECTUAL COMPETENCIES 1. INTELLIGENCE a. Please describe your learning ability. b. Describe a complex situation in which you had to learn a lot quickly. How did you go about learning, and how successful were the outcomes?

2. ANALYSIS SKILLS a. Please describe your problem analysis skills. b. Do people generally regard you as one who diligently pursues every detail or do you tend to be more broad brush? Why? c. What will references indicate are your style and overall effectiveness in “sorting” the wheat from the chaff? d. What analytic approaches and tools do you use? e. Please give me an example of digging more deeply for facts than what was asked of you.

3. JUDGEMENT/DECISION MAKING *a. Please describe your decision-making approach when you are faced with difficult situations, in comparison with others, at about your level in the organization. Are you decisive and quick, but sometimes too quick or are you more thorough but sometimes too slow? Are you intuitive or go purely with the facts? Do you involve many or few people in decisions? b. What are a couple of the most difficult or challenging decisions you have made recently? c. What are a couple of the best and worst decisions you have made in the past year? d. What maxims do you live by?

4. CONCEPTUAL ABILITY a. Are you more comfortable dealing with concrete, tangible, short-term, or more abstract, conceptual, long-term issues? Please explain.

5. CREATIVITY *a. How creative are you? What are the best examples of your creativity in processes, systems, methods, products, structure, or services? b. Do you consider yourself a better visionary or implementer, and why?

6. STRATEGIC SKILLS *a. In the past year, what specifically have you done in order to remain knowledgeable about the competitive environment, market and trade dynamics, products/services and technology trends, innovations, and patterns of customer behavior? b. Please describe your experience in strategic planning, including successful and unsuccessful approaches. (Determine the individual’s contribution in team strategic efforts.) c. Where do you predict that your (industry/competitors/function) is going in the next three years? What is the “conventional wisdom,” and what are your own thoughts?

7. PRAGMATISM Do you consider yourself more of a visionary or more pragmatic thinker, and why?

8. RISK TAKING * What are the biggest risks you have taken in recent years? Include ones that have worked out well and not so well.

9. LEADING EDGE *a. How have you copied, created, or applied best practices? b. Describe projects in which your best-practice solutions did and did not fully address customer/client needs c. How will references rate and describe your technical expertise? Are you truly leading edge, or do you fall a bit short in some areas? d. How computer literate are you? e. Please describe your professional network.

10. EDUCATION a. What seminars or formal education have you participated in (and when)? b. Describe your reading habits (books and articles – global factors, general business, function, industry).

11. EXPERIENCE a. Compose a series of open-ended questions – “How would you rate yourself in _________, and what specifics can you cite?” For Finance, learn expertise in Treasury, Controller, Risk Management, etc.

For Human Resources, learn expertise in Selection, Training, Compensation, etc. b. What are the most important lessons you have learned in your career? (Get specifics with respect to when, where, what, etc.)

12. “TRACK RECORD” Looking back in your career, what were your most and least successful jobs?

13. INTEGRITY *a. Describe a situation or two in which the pressures to compromise your integrity were the strongest you have ever felt. b. What are a couple of the most courageous actions or unpopular stands you have ever taken? c. When have you confronted unethical behavior or chosen to not say anything, in order to not rock the boat? d. Under what circumstances have you found it justifiable to break a confidence?

14. INITIATIVE *a. What actions would you take in the first weeks, should you join our organization? *b. What sorts of obstacles have you faced in your present/most recent job, and what did you do? c. What are examples of circumstances in which you were expected to do a certain thing and, on your own, went beyond the call of duty? d. Who have been your major career influences, and why? e. Are you better at initiating a lot of things or hammering out results for fewer things? (Get specifics.)

15. ORGANIZATION/PLANNING *a. How well organized are you? What do you do to be organized and what, if anything, do you feel you ought to do to be better organized? b. When was the last time you missed a significant deadline? c. Describe a complex challenge you have had coordinating a project. d. Are you better at juggling a number of priorities or projects simultaneously, or attacking few projects, one at a time? e. Everyone procrastinates at times. What are the kinds of things that you procrastinate on? f. How would you describe your work habits? g. If I were to talk with administrative assistants you have had during past several years, how would they describe your strengths and weaker points with respect to personal organization, communications, attention to detail, and planning? h. Describe a situation that did not go as well as planned. What would you have done differently?

16. EXCELLENCE Have you significantly “raised the bar” for yourself or others? Explain how you did it – your approach, the problems encountered, and the outcomes.

17. INDEPENDENCE *a. Do you believe in asking for forgiveness rather than permission, or are you inclined to be sure your bosses are in full agreement before you act? *b. What do you do to alleviate stress? (Look for exercise, quiet periods, etc.) c. How do you handle yourself under stress and pressure? d. Describe yourself in terms of emotional control. What sort of things irritates you the most or gets you down? e. How many times have you “lost your cool” in the past couple of months? (Get specifics) f. Describe a situation in which you were the angriest you have been in years.

18. SELF-AWARENESS *a. Have you gotten any sort of systematic or regular feedback (360-degree or otherwise) from direct reports, clients, peers, supervisors, etc., and if so, what did you learn? b. How much feedback do you like to get from people you report to, and in what form (written, face to face)? c. What are the biggest mistakes you’ve made in the past (10) years, and what have you learned from them? d. What are your principal developmental needs and what are your plans to deal with them? e. What have been the most difficult criticisms for you to accept?

19. ADAPTABILITY *a. How have you changed during recent years? b. What sort of organization changes have you found easiest and most difficult to accept? c. When have you been so firm people considered you stubborn or inflexible?

INTERPERSONAL COMPETENCIES 20. FIRST IMPRESSION a. (Judge directly in interview.) b. What sort of first impression do you think you make at different levels in an organization?

21. LIKABILITY *a. When were you so frustrated you did not treat someone with respect? b. How would you describe your sense of humor? c. Tell me about a situation in which you were expected to work with a person you disliked.

22. LISTENING a. Are you familiar with the term “active listening”? How would you define it? What would coworkers say regarding how often and how effectively you use active listening?

23. CUSTOMER FOCUS a. If you were to arrange confidential reference calls with some of your major clients/customers, what is your best guess as to what they would generally agree are your strengths and areas for improvement? b. Relate an example of your partnering with a client/customer – helping the client/customer to achieve its goals and financial results? c. Give examples of your going beyond what was normally expected to enhance your company’s reputation or image. d. Describe your methods of diagnosing client/customer needs. e. What is your “track record” in both acquiring and retaining clients/customers? f. Tell me about the most frustrated or disappointed client/customer you have had in recent years.

24. TEAM PLAYER a. What will reference checks disclose to be the common perception among peers regarding how much of a team player you are (working cooperatively, building others’ confidence and self-esteem)? b. Describe the most difficult person with whom you have had to work. c. When have you stood up to a boss? d. Tell me about a situation in which you felt others were wrong and your were right.

25. ASSERTIVENESS a. How would you describe your level of assertiveness? b. When there is a difference of opinion, do you tend to confront people directly, indirectly, or tend to let the situation resolve itself? (Get specifics.) c. Please give a couple of recent specific examples in which you were highly assertive, one in which the outcome was favorable, and one where it wasn’t.

26. COMMUNICATIONS – ORAL *a. How would you rate yourself in public speaking? If we had a videotape of your most recent presentation, what would we see? b. Describe the last time you put your “foot in your mouth.”

c. How do you communicate with your organization?

27. COMMUNICATIONS – WRITTEN a. How would you describe your writing style in comparison with others’ styles?

28. POLITICAL SAVVY *a. Describe a couple of the most difficult, challenging, or frustrating company political situations you have faced. b. How aware are you of company political forces that may affect your performance?

29. NEGOTIATION a. Describe situations in which your negotiation skills proved effective and ineffective.

30. PERSUASION a. Describe a situation in which you were most effective selling an idea or yourself. b. Describe situations in which your persuasion skills proved ineffective.

31. SELECTING “A” PLAYERS *a. What have your most recent two teams looked like (how many A, B, C players) and what changes were made? b. Explain your selection process in terms of job analysis, job description, behavioral competencies, amount of structure to interviews, if there is an in-depth chronological interview, and how reference checks are done.

32. COACHING/TRAINING a. How would subordinates you have had in recent years describe your approaches to training and developing them? (Look for coaching, challenging assignments.)

33. GOAL SETTING a. How do you go about establishing goals for performance (bottom up, top down, or what…and were they easy or “stretched”)? b. How are your expectations communicated?

34. EMPOWERMENT a. How “hands-on” a manager are you? (Get specifics.)

35. PERFORMANCE MANAGEMENT *a. Tell me about the performance management system you now use. b. How effective have your methods been for following up on delegated assignments? c. Tell me about accountability. What happens when people fail to perform? d. What do you say or do when someone reporting to you has made a significant (serious, costly) mistake? e. Cite examples of your giving negative feedback to someone.

36. REMOVING “C” PLAYERS *a. How many non-performers have you removed in recent years? What approaches were used? (Look for regular, honest feedback, sincere training/development/coaching efforts, “C” players more apt to ask for a different job or quit than to be fired, and redeployment in months, not years.)

37. TEAM BUILDER a. How have you tried to build teamwork? b. Which of your teams has been the biggest disappointment in terms of cohesiveness or effectiveness?

38. DIVERSITY *a. When have you actively confronted indications of discrimination or prejudicial behavior? b. How have you added to diversity (ethnic, cultural, racial, gender) in a workplace? c. Have there been any successful employment charges against you (EEOC, sexual harassment, etc.)?

39. RUNNING MEETINGS *a. How productive are the meetings you run? How could they become more productive? b. How would you describe your role in meetings – ones which you have called and those in which you have been a participant?

LEADERSHIP 40. VISION a. What is (was) your vision for your present (most recent) job? How was the vision developed?

41. CHANGE LEADERSHIP a. In what specific ways have you changed an organization the most (in terms of direction, results, policies)? b. What has been your approach to communications in changes? (Look for communicating like mad!)

42. INSPIRING “FOLLOWERSHIP” a. Are you a “natural leader”? If so, cite indications. b. Give examples of when people might have readily followed your lead and when they did not.

43. CONFLICT MANAGEMENT a. Describe a situation in which you actively tore down walls or barriers to teamwork. b. Describe situations in which you prevented or resolved conflicts. c. If two subordinates are fighting, what do you do? (Look for bring them together now to resolve it.)

44. ENERGY *a. How many hours per week have you worked, on the average, during the past year? b. What motivates you?

45. ENTHUSIASM a. How would you rate yourself (and why) in enthusiasm and charisma? b. Describe the pace at which you work – fast, slow, or moderated – and the circumstances under which it varies.

46. AMBITION (see Plans and Goals for the Future) a. Who have been recent career influences, and why?

47. COMPATIBILITY OF NEEDS a. Is there anything we/I can do to help you if there is a job change (relocation, housing, etc.)?

48. BALANCE IN LIFE a. How satisfied are you with your balance in life – the balance among work, wellness, community involvement, professional associations, hobbies, etc.?

49. TENACITY a. What are examples of the biggest challenges you have faced and overcome? b. What will references say is your general level of urgency?

K:\JLH Files\Strategic Hiring\Interviewing\Focused Interview Questions by Competencies, 11-07-06.doc

On-Campus Structured Interviews It is recommended that the on-campus interview consist of the following categories to best assess a candidate’s talent, skills and abilities for the position: Education, Work History, Plans and Goals for the Future, Self Appraisal, Leadership Management, and Focused Interview Questions.

EDUCATION: We are most interested in how the person reveals current strengths and weaker points when reflecting on what happened during these developmental years.

The opening to this section could be something like: “Could you give me a brief run-down of your college years…particularly events that might have affected later career decisions? I’d be interested in knowing about work experiences, what school was like, high points, low points and so forth.

Note: If the person does not have college, then modify the college section to fit high school.

What people or events during college might have influenced your career? _______________________________________________________________________________ _______________________________________________________________________________ What were the high points during your college years? (Look for leadership initiative.) _______________________________________________________________________________ _______________________________________________________________________________ What were the least enjoyable occurrences during your college years? _______________________________________________________________________________ _______________________________________________________________________________

WORK HISTORY: Work history is very important because past behavior is the best predictor of future behavior. It is important to conduct a chronological in-depth evaluation of a candidate’s employment history.

Look for patters of behavior and decision making by tracing how a person developed over an entire career.

Begin with the first position held, then moving forward chronologically. The Work History Questionnaire has been provided for specifically gathering this information. The work history questionnaire should be completed for each position held.

15

NOTE: If person recently worked for a single employer, and had 2 or 3 different jobs with that employer, consider each one a separate position and compete a Work History Form for each.

•

What were your expectations?

•

What were your responsibilities/accountabilities?

•

What did you “find” as your major challenges?

•

What were your successes/accomplishments?

•

What were your failures/mistakes?

•

What did you find most enjoyable?

•

What did you find least enjoyable?

PLANS AND GOALS FOR THE FUTURE: What are you looking for in your next job? _______________________________________________________________________________ _______________________________________________________________________________ Describe your ideal position, and what makes it ideal? _______________________________________________________________________________

___________________________________________________________ SELF-APPRAISAL: (Get a list of both and ask for specifics.)

•

What do you consider as your strengths? Assets?

•

What do you like about yourself?

•

What are things that you do well?

•

What do you consider are your shortcomings? Weaker points? Or areas for improvement?

Self-Appraisal Strengths

Weaker Points

LEADERSHIP/MANAGEMENT: Looking for the personâ&#x20AC;&#x2122;s ability to grow.

How would you describe your leadership philosophy and style or what type of leadership do you prefer to work in? ________________________________________________________________ _______________________________________________________________________________ What would you suppose your subordinates or co-workers (whichever applies) feel are your strengths and shortcomings?

Strengths

Weaker Points

In what ways might you want to modify your approach to dealing with subordinates or coworkers? ______________________________________________________________________________ ______________________________________________________________________________

FOCUSED QUESTIONS: This is where you refer to the pre-selected list of questions you have prepared targeting the key competencies identified as necessary for success in the position.

Please see Competencies and Focused Interview Questions for list of competencies and sample questions.

16

17

From: http://www.svsu.edu/hr/employment/employmentnim/infoforprospectiveemployees/

Information for Prospective SVSU Employees Saginaw Valley State University is a baccalaureate and master's level university, offering more than 70 undergraduate programs of study and seven master’s degree programs. Situated on a spacious 782-acre campus, SVSU is conveniently located in mid-Michigan, 90 miles north of Detroit. One of the fastest growing universities in the state, SVSU currently has an enrollment of over 8,900 students. The unique and attractive campus includes several newly-constructed classroom and office buildings and a new performing arts center.

Saginaw Valley State University is one of 15 public universities in Michigan. SVSU is a comprehensive university located on a beautiful campus in a semi-rural setting in the tri-city area (Saginaw, Bay City and Midland) of east central Michigan near metro areas and just 10 minutes from an international airport.

• SVSU offers state-of-the-art classrooms with small class sizes for greater interaction. Our faculty enjoy

• • • • •

opportunities for professional development including public presentation and research opportunities.

Crime Awareness Report and SVSU University Police Department information SVSU offers its employees TIAA-CREF www.tiaa-cref.org for excellent retirement benefit and insurance coverage.

Medical insurance benefits that SVSU offers the faculty.

Medical insurance benefits that SVSU offers the administrative/professional employees.

Medical insurance benefits that SVSU offers the support staff.

SVSU and the surrounding areas offer the following: • • •

Highly-rated K-12 schools Affordable Housing

• • • • •

Regional championship golf courses Marshall M. Fredericks Sculpture Gallery www.svsu.edu/mfsm/

• • • • • •

Outlet shopping within 25 minutes Casino gambling entertainment within 50 miles

A pleasant location within triangle of three communities: Bay City www.baycityarea.com , Midland www.macc.org and Saginawwww.saginawchamber.org

New $33.5 million conference and meeting facility State of the art performing arts and music halls Proximity to Bay for fishing, boating, water skiing, swimming and other water activities. Within 1.5 hours of many beautiful lakes and rivers.

Midland Center for the Arts: Performances and exhibits Dow Gardens - large, outdoor horticulture gardens Highly-rated hospitals in three communities Indoor/Outdoor skating rinks

SVSU faculty and support staff employees are represented by Michigan Education Association. Review the current collective bargaining agreements.

To apply for a posted position at SVSU send application materials to: Cynthia Bala, Director of Employment & Compensation Services, Saginaw Valley State University, 7400 Bay Road, University Center, MI 48710

18

HIRING MANAGER’S USER’S GUIDE Saginaw Valley State University Hiring System

PeopleAdmin, Inc. 1717 W. 6th Street Austin, TX 78703 512-997-2500

TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 3 GETTING STARTED....................................................................................................................... 4 CREATING A AUTHORIZATION ................................................................................................... 6 Entering Authorization Information .......................................................................................... 6 Attaching Documents............................................................... Error! Bookmark not defined.

Adding Screening Questions ................................................................................................... 7 Adding Closed Ended Questions........................................................................................... 11 Adding Open Ended Questions ............................................................................................. 12 Assigning Points .................................................................................................................... 14 Activating Guest Users .......................................................................................................... 16 Submitting the Authorization.................................................................................................. 18 One Page Guide for Creating a Authorization ....................................................................... 20 VIEWING APPLICANTS TO YOUR AUTHORIZATIONS ............................................................ 21 Sorting & Filtering Applicants by Different Criteria ................................................................ 23 Viewing and Printing Applications.......................................................................................... 24 Viewing and Printing Documents........................................................................................... 25 Changing the Status of Applicants......................................................................................... 26 ADMINISTRATIVE FUNCTIONS .................................................................................................. 29 Changing Your Password ...................................................................................................... 29 Logging Out ........................................................................................................................... 29

2

INTRODUCTION Welcome to Saginaw Valley State University Online Employment Application System. The Human Resources department has implemented this system in order to automate many of the paper-driven aspects of the employment application process.

You will use this system to: • Create and submit Authorizations to HR • View Applicants to your Authorizations • Notify HR of your decisions regarding the status of each applicant The system is designed to benefit you by facilitating: • Faster processing of employment information • Up-to-date access to information regarding all of your Authorizations • More detailed screening of Applicants’ qualifications – before they reach the interview stage The HR department has provided these training materials to assist with your understanding and use of this system.

Your Web Browser The Employment Application System is designed to run in a web browser over the Internet. The system supports browser versions of Netscape 4.7 and above and Internet Explorer 4.0 and above. However some of the older browser versions are less powerful than newer versions, so the appearance of certain screens and printed documents may be slightly askew. Please notify the system administrator of any significant issues that arise.

The site also requires you to have Adobe Acrobat Reader installed. This is a free download available at www.Adobe.com.

It is recommended that you do not use your browser's "Back", "Forward" or "Refresh" buttons to navigate the site, or open a new browser window from your existing window. This may cause unexpected results, including loss of data or being logged out of the system. Please use the navigational buttons within the site.

The site is best viewed in Internet Explorer 5.5 and above.

Security of Applicant Data To ensure the security of the data provided by applicants, the system will automatically log you out after 60 minutes if it detects no activity. However, anytime you leave your computer we strongly recommend that you save any work in progress and Logout of the system by clicking on the logout link located on the bottom left side of your screen.

3

Inclusion Advocates (IAs)

SAMPLE FORMS

This section contains sample forms for committees or hiring teams to consider using. Consider using these forms or modified versions of them to assist with the hiring process.

Section Contents 1.

SVSU Candidate Evaluation Form 2.

Targeted Reference Check Form

3.

Sample â&#x20AC;&#x201C; Effective Telephone Interview Questionnaire

4.

SVSU Candidate Interview Summary Sheet

5.

Candidate Evaluation Tool (faculty)

6.

Sample â&#x20AC;&#x201C; Candidate Screening Grid

1

Targeted Reference Check Form

2

Purpose: Reference checks are to be conducted by the hiring manager, after the interview has taken place. Previous supervisors, peers, subordinates, and customers may be contacted, although it is advisable to contact references within the last 5 years of employment. Before conducting a reference check, you must have the candidate’s permission to contact any individuals. For positions filled via jobs.svsu.edu, please review the candidate’s work history on his/her Staff Profile. If he/she has given SVSU permission to contact this manager, you may proceed.

If not, or if this is a paper recruitment process, you must request permission in writing (e-mail is sufficient) to contact prior managers/supervisors and request them to provide you with the appropriate contact numbers. It is imperative to take complete and concise notes.

Reference Check Conducted by: ____________________________________________ Name of the Applicant: ___________________________________________________ Reference Contact Info: Name of Individual Contacted ________________________________ Title___________________________ Company Name: ___________________________________________________________________________ Alternate Phone: ____________________________Office Phone: __________________________________

1. Introductory Comments and General Questions Introduce yourself and create the tone that you are a trusted colleague, a fellow professional who has done an in depth assessment of the candidate, who might hire that candidate, and who is apt to help the candidate be successful with in sights coming from the reference call.

Introductory Comments: Hello, __________, thank you very much for accepting my call. We are considering hiring (name of candidate) for a position here at SVSU and I would very much appreciate your comments on her strengths, areas for improvement, and how I might best manage her. Do you have time to speak to me regarding (name of candidate) now or is there a better time for you?

Great, thank you very much. I have spent some time interviewing (name of candidate) and reviewing her work history and plans for the future and I am particularly interested in her experience when she reported to/work with you. If you don’t mind, why don’t we start with a very general question...”

In what capacity did you work with (candidate’s name)?

What was his/her attendance like? ___________________________________________________________ __________________________________________________________________________________________ What were his/her performance evaluations like? (Probe for specifics) __________________________________________________________________________________________ __________________________________________________________________________________________ Was the candidate ever disciplined for any type of misconduct?

__________________________________________________________________________________________ __________________________________________________________________________________________ -1-

Why did he/she leave previous employerâ&#x20AC;&#x2122;s employment? __________________________________________________________________________________________ __________________________________________________________________________________________ Was the candidate's departure voluntary?

__________________________________________________________________________________________ __________________________________________________________________________________________ Was the candidate a responsible and trustworthy employee?

__________________________________________________________________________________________ __________________________________________________________________________________________ Did the candidate interact positively with other employees?

__________________________________________________________________________________________ __________________________________________________________________________________________ Did you receive any complaints regarding the candidate's work performance or conduct? If so, specify the circumstances.

__________________________________________________________________________________________ __________________________________________________________________________________________ What would you say are his/her major accomplishments?

Did he/she leave under any kind of separation/severance agreement?

Do you have any reservations about his/her performance or integrity? Why? __________________________________________________________________________________________ __________________________________________________________________________________________ Would he/she be eligible for re-hire?

Additional Questions:

-2-

2. Description of the Position Applied For: Let me tell you more about the job, that (candidate’s name) is applying for. (Explain responsibilities expected.)

Good/Bad Fit: Now, how do you think this individual might fit in this job? (Probe for specifics.)

Good- Fit Indicators

Bad-Fit Indicators

3. Comprehensive Appraisal Strengths, Assets, Things You Like and Shortcomings, Weaker Points, and Areas for Improvements?

Respect About _______ ?

NOTE: • It is okay to interrupt strengths to get clarification, but do not do so for shortcomings. Get the longest list of shortcomings possible and then go back for clarification. If you interrupt the negatives and get elaboration, the tone might seen too negative, this closing off discussion of further negatives.

•

If you are getting a “whitewash,” inquire about negatives directly. For example: “Pat said that she missed the software project due date by three months and guesses that hurt her overall performance rating. Could you elaborate?”

-3-

4. Overall Performance Ratings (Strengths â&#x20AC;&#x201C; Shortcomings) Now that you have told be about ______________â&#x20AC;&#x2122;s strengths and shortcomings, would you please rate him/her on the following categories using a scale of excellent, very good, good, fair, poor or very poor) Skill

Rating

Comments

Thinking skills (intelligence, decision making, creativity, strategic skills, pragmatism, risk taking, leading-edge perspective) Communication- (one-one, in meetings speeches, written communication) Initiative-(independence, excellence standards, adaptability ) Stress Management-(Integrity, Selfawareness, willingness to admit mistake) Work Habits-(time management, organization/ planning) People Skills- (first impression made, listening, assertiveness, willingness to take direction, negotiation, persuasion skills) Motivation-(drive, ambition, customer focus, enthusiasm, balance in life) Managerial Abilities-(leadership, ability to hire the best people, ability to train and coach people, goal setting, empowerment, promoting diversity, monitoring performance, building team efforts)

Final Comments Do you have any final comments or suggestions that you would like to share about ______________________?

Thank you!

I would like to thank you very much for your thoughts and useful comments.

Circle the quality of this candidate based on the reference check.

Excellent

Good

Average

Poor

K:\JLH Files\Strategic Hiring\Reference Checks\Targeted Reference Check Form, 11-07-06.doc

-4-

Sample Effective Telephone Interview Questionnaire

3

Work and Education History Have the candidates explain every change from position to position. Here you are looking for: signs of pro-activity, intensity, intelligence, dedication to excellence and willingness to â&#x20AC;&#x153;roll-up the sleevesâ&#x20AC;?.

Why did you choose Saginaw Valley State University? ______________________________ ___________________________________________________________________________ What appealed to you the most? ________________________________________________ ___________________________________________________________________________ What do you find least appealing? _______________________________________________ ___________________________________________________________________________ Why are you looking to leave you current position? ___________________________________________________________________________ ___________________________________________________________________________ Future Goals (Looking for a good fit for the University.)

What are your career goals? ____________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ What kind of environment are you seeking? _______________________________________ ___________________________________________________________________________ Why SVSU? ________________________________________________________________ ____________________________________________________________________________ Experience/ Track Record (Focused Interview Questions) This section would include competency based interview questions in the areas that have been identified as critical for this position. (See Focused Interview Questions for sample questions broken down by competency) What is the highest impact project you have ever completed? __________________________ ____________________________________________________________________________ ____________________________________________________________________________ Give an example of a time when you went beyond expectations to complete something. ____________________________________________________________________________ ____________________________________________________________________________

What are the 3 biggest risks you have taken in your life? _______________________________ _____________________________________________________________________________

What was the most complex project you have ever been part of? _________________________ _____________________________________________________________________________ _____________________________________________________________________________ What motivates you? ___________________________________________________________ _____________________________________________________________________________

What have been you best and worst decisions? _______________________________________ _____________________________________________________________________________ _____________________________________________________________________________ What were your most important decisions? __________________________________________ _____________________________________________________________________________

How did you handle working with difficult, scarce resources? _________________________ _____________________________________________________________________________ _____________________________________________________________________________

What were your prior bosses like? _________________________________________________ _____________________________________________________________________________

What did they feel was your style? ________________________________________________ _____________________________________________________________________________

K:\JLH Files\Strategic Hiring\Interviewing\Effective Phone Interviews, 11-09-06.doc

4

SAGINAW VALLEY STATE UNIVERSITY CANDIDATE INTERVIEW SUMMARY SHEET Names and titles of all members of the search committee:

for the position of List names of all top candidates interviewed and indicate the type(s) conducted.

CANDIDATES= NAMES (please print):

Campus Interview

Phone Interview

9 9 9 9 9 9

___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________

9 9 9 9 9 9

9 9 9 9 9 9

Name of Candidate Offered the Position: Reason:

Second Choice: Reason:

Third Choice: Reason:

_________________________________

____________________________________

Search Committee Chair (print name)

Chair Signature

This form must be completed and returned to Employment & Compensation Services, Wickes 373.

Both

Date

FACULTY

5

6

Inclusion Advocates (IAs)

DIVERSITY AND INCLUSION REFERENCE ARTICLES

This section contains a variety of thoughtful articles focusing on higher education and diversity that may provide additional insight and learning for Inclusion Advocates.

Section Contents 1.

Employer Liability for Using Social Media in Hiring Decisions (Journal of Social Media for Organizations, 2016) 2.

Legal and Ethical Considerations for Social Media Hiring Practices in the Workplace (Hilltop Review WMU, 2015) 3.

4 tips to Hire a More Diverse Workforce (Huffington Post, 2013) 4.

Diversity at Work (HR Council, http://hrcouncil.ca/hrtoolkit/diversity-at-work.cfm )

*Increasing diversity through improved recruitment and hiring

*Creating an inclusive and supportive work environment

*Inclusive language guidelines

5.

Conducting Effective Interviews: What You Need to Know (Guidestar, 2007) 6.

Handling the ‘Bad Apples’ (Inside Higher Ed, 2007) 7.

Is colorblindness or multiculturalism better for minorities?

8.

Building Successful Diversity Initiatives in Government Organizations (AAAA, 2003) 9.

Ten Reasons Why Diversity Initiatives Fail (Diversity in Practice, 2003) 10.

Why Diversity Matters (Business Higher Education Forum, 2002) 11.

Investing in People: Developing All of American’s Talent on Campus and in the Workplace ‐ Table of Contents and Executive Summary, (Business‐Higher Education Forum, 2002) 12.

Exploring the color of glass: letters of recommendation for female and male medical faculty, (Discourse & Society, 2003)

Journal of

Social Media for Organizations

Employer Liability for Using Social Media in Hiring Decisions Margaret Vroman, Karin Stulz, Claudia Hart, Emily Stulz

Volume 3 , Number 1 July 2016

Published by the MITRE Corporation

ISSN 2471-8351

Social Media in Hiring Decisions

Employer Liability for Using Social Media in Hiring Decisions Margaret Vroman Karin Stulz Claudia Hart Emily Stulz

ABSTRACT With the availability of so much personal information about potential employees on social media sites, it is not surprising that businesses avail themselves of it when determining who to hire. Personal information that was confidential or unavailable to employers a short time ago is now easily accessed by anyone with a computer and an interest in checking out potential work colleagues. Human resource departments cannot prevent people from conducting a Google search on a prospective job candidate or accessing the candidate’s Facebook page if it is publicly available. Companies therefore have a much more difficult time controlling the hiring process to ensure that only legitimate criteria are being used when making hiring decisions. Furthermore, many employers are unaware that if the information they gather from social media sites concerns a candidate’s membership in a legally protected class (i.e. race, religion, gender identification) and is alleged to be the basis for disqualifying a job candidate, there is the potential for a costly lawsuit. The complex requirements and serious potential for loss imposed by state and federal legal systems demands that enterprises familiarize themselves with the rules and best practices concerning the use of social media in the hiring process. This paper reviews state and federal law dealing with the use of social media in the hiring process as well as the impact of the European Union’s “right to be forgotten.” It analyzes this information and formulates measures that enterprises should take to reduce the potential for legal liability under these laws.

KEYWORDS Social media, hiring decisions, employer liability, personal information, privacy, protected class, right to be forgotten.

INTRODUCTION Social media includes, but is not limited to, personal websites, email, blogs, chat rooms and bulletin boards. It also includes social networking sites such as Facebook, Flickr, Google Plus, LinkedIn, MySpace, Pinterest and Twitter as well as video sharing sites such as YouTube. However, Cavico, Mujitaba, Muffler and Samuel (2013) caution that “Given the popularity, prevalence, sophistication, and ever-growing use of social media, it is no surprise its use in an employment context raises many difficult, as well as novel, legal and practical issues” (p. 26). One area that results in significant risk of legal liability is the use of social media in determining who to hire. With the prevalence of publicly available information about people on the Internet, it is almost irresistible for some employees to look for information about a person they know will be interviewing for a job with their company or organization. If these employees are part of the decision making group or they share information they gather from such sources with persons who are in this group, a job candidate who is not hired may claim it was the sharing of inappropriate information that cost them the job. The use of information about a person’s legally protected class status in hiring decisions is illegal. State and federal statutes also restrict the use of other information when making employment decisions (i.e. medical information or marital status). Due to the easy and constant use by most people of numerous forms of social media, preventing a lawsuit due to the access and misuse of this information has become an increasing challenge for professionals in the human resources field. By examining and synthesizing the legal rules pertaining to the use of social media in hiring, it is possible to assist enterprises in this effort by providing guidance and establishing best practices that can help reduce or even eliminate their legal liability in this regard.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

1

Social Media in Hiring Decisions

COMMON SOCIAL MEDIA PLATFORMS Social media are often described as electronic communication that occurs in online communities where users share ideas, information, personal messages, pictures and videos. Cavico et al., (2013) explain, “Social media, very generally, consists of web-based Internet networks where users can share information and communicate with others in a collective manner” (p. 26).

Widespread access to the Internet on computers and increasingly, mobile devices, has helped social media develop and grow. Although it was originally used as a form of personal connection and communication, its reach into the business world has expanded greatly. Now businesses of all types and sizes recognize the ability of social media not only to dispense information, but also to gather it. Information about an individual that was previously kept private and difficult to discover can now be easily obtained from profiles on numerous social media platforms.

Social media platforms can be distinguished by their predominate use. Facebook, Instagram and Google Plus are three sites that are considered personal sharing sites. These sites are most often used to share personal information with a closed network of “friends.” Sites such as Twitter, Blogger and Wordpress are somewhat different as they coexist between personal and professional use as the user has more control over the amount of content disseminated.

Sites such as LinkedIn are predominately used for professional purposes because all profiles are public and contain information regarding the user’s professional lives (work experience, education, awards, and/or volunteer experience). The difference between personal and professional sites is important as users base decisions on what information to post depending on the intended or perceived audience.

There is also blogging, podcasting and video, which are ways to create distinctive and original content targeted to audiences with specific interests. And although these forms of social media represent the opportunity to develop proprietary and more extensive content, they are typically a more expensive medium to maintain.

Regardless of the platform used, any organization can now take the vast amount of data generated from these social media sites and choose from a number of tools to aggregate it, sort it, integrate it and build relationships with it.

Facebook Facebook, a social networking site, was founded in 2004. It was originally created to connect students at Harvard College, but it quickly expanded to include students at other universities. In 2006, it became open to anyone over the age of 13. A free platform, the main purpose of Facebook currently is to help individuals communicate instantly with friends and family, allowing people to hold conversations and share photos, stories and videos. As the most popular social media site, it has over one billion users and grows daily. Users often post personal information concerning their political beliefs, membership in social organizations and religious affiliation.

Connecting with others on the Facebook system or “friending” is an important part of the user experience. Users can also “like” community pages, which consist of company pages, brand pages, social groups, celebrity pages, and more. Anyone allowed to access someone’s Facebook page can view their conversations, see their photographs and see what organizations they “like.”

LinkedIn LinkedIn is an online business network that was created in 2003 to connect professionals and to provide advertising, marketing and job search opportunities. Free to users, the site includes executives from every Fortune 500 company as well as university employees, aspiring professionals and others. With over 300 million members, it is the world’s largest professional network and can be used to help strengthen existing business networks and grow new ones.

Users generate a profile based on their job history, experiences, education, and interests. Once a profile has been created, users are invited to connect with people they know which, in turn, puts them in contact with other people they may know, thus allowing all users to be “linked in” to one another. LinkedIn users can search for jobs, follow professional organizations and follow businesses or individuals. All of this information feeds into their home page which allows users to find relevant information about their job field. It also allows potential employers to view all of the user’s information.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

2

Social Media in Hiring Decisions

Twitter Twitter is a real-time information network that was founded in 2006. It is a free online information network that allows a user to broadcast 140-character messages. These messages are called “tweets.” A user sends a “tweet” and all other Twitter users that have subscribed to that user (or “follows” the user) can see their messages. Twitter users can customize their profile picture, header, and link color. These customizations then transfer to their own individualized home feed. This feed filters tweets chronologically from all of the users a person “follows.” When someone chooses to follow a user, their “tweets” appear in the user’s newsfeed.

Twitter users also have the ability to interact and tweet at one another using their individual handles, which is shown as the name following the @ symbol (i.e. @DeepakChopra). When a follower uses someone’s handle in a message, the person is notified through their Twitter account. Users have the ability to make their profile private or public. A private profile means only people the user approves can read their posts. A public profile means that all users can see a person’s posts and interact with them. Business Twitter accounts are always public to encourage connections with individuals and communities outside of normal contacts. Although a “tweet” can be removed after it is posted, it cannot be deleted from the accounts of those who have already viewed it.

SOCIAL MEDIA’S USE IN BUSINESS Social media helps businesses with their communication, both internally and externally. The collaborative nature of social media can be used to a company’s advantage within the organization, to increase its efficiency and effectiveness, and externally to maximize its contacts and create specifically targeted advertisements. The most studied aspect of social media is how companies use it to connect with their customers and market their products (Leonardi, Huysman & Steinfield, 2013). Companies use pages and/or profiles on the different popular networking sites to share their generated and branded content with people who have formed relationships with them. This allows companies to connect with their consumers on a much more intimate level and create a more personal feel to their customer relationships. Social media sites also allow customers to easily voice their excitement about upcoming products or marketing campaigns. Just as important perhaps, these same customers may also voice their displeasure if the outcome of a product or service does not meet their expectation. This bilateral exchange of information, often in real time, has changed the way businesses operate.

Social media use can also have a great impact on a company’s ability to enhance its reputation. For example, in a survey of over 3,000 customers and non-customers of an international airline, in which consumers’ engagement in the airline’s social media activities and perception of corporate reputation was examined, results showed that engagement in social media activities is positively related to corporate reputation, especially among non-customers.

(Dijkmans, Kerkhof, & Beukeboom, 2015) Social media is also often used for internal communication and social interaction within a company (Leonardi, Huysman & Steinfield, 2013). While internal platforms mimic the look and feel of the popular social networks, they may be embedded within company blogs, wikis and features for social tagging and document sharing. The purpose of these business specific enterprises is to help foster better team communication and collaboration (Cardon, Marshall, 2015). Companies may even use specific tools to mine the social media communications of employees to determine their honest perceptions of their employer (Shami et al 2014). Although not everyone is comfortable with the ever growing ubiquitous nature of social media, research shows that Gen X and Gen Y business professionals believe that social networking tools will be the primary tools for team communication in the future (Cardon, Marshall, 2015).

Interestingly, although all businesses seem to believe that using some form of social media is now an essential tool for business operation, a recent study by Margaret McCann and Alexis Barlow shows that 65 percent of small and medium-sized businesses do not even bother to measure their return on investment for social media use (McCann, Barlow, 2015).

When it comes to the difference between generations in their use of social media, research done by Martin and Van Beval shows that digital natives (people who have grown up with the Internet and have never experienced life without it) rarely use the Internet outside of social networking sites, whereas older generations tend to use the Internet outside of social networking sites and social networking sites in equal amounts. With digital natives

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

3

Social Media in Hiring Decisions

projected to make up roughly 40 percent of the U.S. workforce by 2014, it is imperative that businesses continue to conduct research on the use and impact of social media both internally and externally on their organizations.

As more and more personal information becomes available from social media sources, businesses increasingly are resorting to social media searches to learn information about job candidates instead of relying solely on what appears on a candidate’s job application form or resume. Although the specific focus of this article concerns the legal liability that may arise from such searches, there is evidence that shows that legal liability should not be the only concern of businesses. A study conducted at North Carolina State University found that when job applicants realized an organization had viewed their social media profile, they were less likely to perceive the hiring process as fair, regardless of whether they were offered the position. The researchers concluded that the mere perception that a company had viewed a job applicant’s social media profile without permission could have a damaging effect on the company’s reputation (Jacobson, 2014).

SOCIAL MEDIA USE IN HIRING Today, social media is a significant part of the marketing plan for both large and small businesses. Organizations use social media for public outreach and customer relations, consumer education, branding and engagement with consumers, promotion of their platforms and recruitment of employees.

Not only has social media transformed the way companies conduct their business, it has also transformed the way many of them conduct their hiring. In particular, LinkedIn is often used by individuals and businesses as a way to discover good job prospects. LinkedIn users often include information in their profiles about themselves that potential employers may not legally consider when hiring. Many employers know this and intentionally use LinkedIn to discover this information about job applicants that is not contained in the documentation that their human resource department provides them. Not only is it extremely difficult for human resource departments to control or prevent access to such information, the more troublesome aspect is they cannot control who employees communicate the information to or how it is used.

Most everyone will admit they have said something they regret or have engaged in foolish behavior at some point in their life. Unfortunately for a lot of people, the Internet and social media sites provides instantaneous transmission of these events. Even worse is the fact that it may be impossible to permanently retract evidence of these indiscretions.

As soon as an offensive remark or incriminating photograph or video has been tweeted or posted, it can be seen by thousands of people and cause significant damage. Sometimes, the subject of an unflattering post is not even aware of it. Furthermore, damaging and incriminatory posts often remain online in some form long after the subject believes it has been removed. Once posted, a communication can be saved and/or reposted by someone else with the potential to resurface years later when a resourceful prospective employer uncovers it and uses the information as part of their hiring decision process. When this happens, serious and expensive consequences may result if the information used is determined to violate an individual’s legal rights.

THE LEGAL REGIMES IN WHICH SOCIAL MEDIA OPERATES Social media sites, by their very nature, are designed to allow people to share private information and to draw as much participation and information from people as possible. As such, the data mining industry and those who study online behavior do not care who the information comes from or whether they want it kept private; their goal is to make money from aggregating the information and selling it to companies who exploit it. As a result of this corporate lack of concern for privacy rights and personal data protection, the United States and the European Union, as well as other global entities, have passed legal rules designed to mandate privacy and data protection measures for enterprises soliciting and using social media content.

The legal approach to regulating the use of private information is markedly different between the United States and Europe. Europe, Canada, and many other countries believe that each citizen’s private information is a human right and they protect this right by statute, which can be enforced by the government or by a private citizen. In the United States, however, the federal government only protects certain types of information—and the individual is not considered to be the owner of information about him or herself. Protected information consists of financial transactions, health care transactions, and information regarding children under the age of 13. Most other data about

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

4

Social Media in Hiring Decisions

an individual is considered collectable by any business or government agency that wants to collect, store, and use it (Claypoole, 2014).

Another difference that complicates the regulation of social media use in the United States is the country’s dual system of federal and state laws. For example, whereas the federal government seems loath to follow the European Union’s example of laws and policies that protect an individual’s right to privacy and to control information about themselves, many states have been willing to pass laws that grant more rights in this regard. Furthermore, there are several federal agencies that exercise regulatory authority over specific aspects of social media operations. Specific examples involve the Federal Trade Commission, the Equal Employment Opportunity Commission and the National Labor Relations Board.

The Federal Trade Commission (FTC) is responsible for promoting fair competition among businesses by preventing unfair and deceptive trade practices and restraining the growth of monopolies. It targets deceptive advertising, regardless of the advertising medium and it has pursued several cases of deceptive advertising against social media sites. Most recently, it has produced specific guidelines for marketers who use online and social media tools.

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age or disability. The EEOC has investigated whether employer practices of demanding a job applicants’ social media password violates federal law.

The National Labor Relations Board (NLRB) is the federal agency that protects employees’ rights to organize. It also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. It has looked into issues involving illegal retaliation by employers against employees who have criticized their employers on social media sites.

In Europe, the European Commission acts as the executive arm of the 28-member European Union and the European Parliament has issued numerous privacy and data directives that its member states are obligated to follow.

However, just as in the United States where its system of federalism causes legal conflicts and problems for businesses, so does the EU’s system which requires compliance with numerous national regulators. For example, Facebook found itself being investigated by five national privacy watchdogs due to its information gathering practices in Europe. France, Germany, Belgium, the Netherlands and Spain all began investigating whether Facebook broke EU data protection laws. In 2015 a Belgian court ruled that the company could not collect information from people in Belgium who did not use its services. Facebook is currently appealing this ruling, arguing that it is only subject to privacy rulings in Ireland where it has its International headquarters (Fioretti, 2015).

The difference in approach to privacy and the rules regarding the ownership of personal information between the U.S. and Europe is at the heart of the competing legal approaches to the regulation and use of personal information between the two continents. However, in the context of this article the discussion is limited to its application in the employer and employee relationship.

LEGAL IMPLICATIONS Social media has significantly altered the way companies recruit employees. Sites such as LinkedIn are intentionally designed to provide a wealth of job recruitment opportunities. They bring employers to candidates and candidates to potential employers. The use of ‘social media vetting’ has become commonplace with recruiters and employers using it as a tool to determine the suitability of prospective job candidates. Many people willingly post personal information on a LinkedIn profile that a potential employer is not legally entitled to consider when making a hiring decision. Examples include membership in religious organizations, country of origin or race. Is it against the law for an employer to read such information? No. The liability results from what the employer does with the information after they read it. Unfortunately, the mere allegation of illegal discrimination in hiring based on social media access can prove to be disastrous. For example, what if a job applicant claims she was not hired because of her religious affiliation, and the employer claims that her religion was not a factor in its decision not to hire her? How can the employer prove its assertion? If evidence shows a company representative accessed the applicant’s LinkedIn page which shows she practices Voodoo, how can it convince a jury this information was not a factor in its hiring decision? Disproving these types of allegations can be extremely difficult.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

5

Social Media in Hiring Decisions

What if a prospective employer requests a job applicant’s personal password so the employer can use it to log on to the job applicant’s social media account to see if they’re inclined to post disparaging comments about their current employer? Is that legal? The answer is, it depends on where you live. In the United States there is no federal law that bans the practice, although there is a federal law that criminalizes the unauthorized access to computerized data.

However as discussed below, a majority of states have passed laws that ban the practice of forcing job applicants to divulge their social media passwords.

In 2011, 91 percent of U.S. recruiters surveyed admitted to using social networking sites to screen applicants. This screening practice has been taken even further by some employers who require candidates to befriend third parties on Facebook or demand that applicants provide their password to personal social media accounts (Eills, 2015).

Although most people are aware that the posting of party photos or a politically incorrect statement can hurt their job prospects, they are less aware that the law restricts the use of social media by employers and job recruiters. Most often, employers run afoul of anti-discrimination laws when their social media searches result in them not hiring someone from a protected classes of workers (Sunnucks, 2014).

The Chicago-based staffing firm Challenger, Gray & Christmas, Inc. (“Employers checking,” 2014) found that 60 percent of human resource professionals looked at job seekers’ Facebook, Instagram and Twitter pages.

However, only 6 percent of those hiring managers were willing to admit that an applicant’s social media activity significantly impacted their hiring decision; 40 percent, though, said it had some impact. If even a single, disgruntled job applicant from one of these companies sued, claiming they were not hired because of the illegal consideration of information obtained from a social media site, it could cost the company hundreds of thousands of dollars in legal fees. In addition, convincing a court that the information uncovered from their social media perusing was not used in the hiring process is often an uphill battle. After all, why was the information sought if it was not intended to be used?

Unfortunately, most businesses do not appreciate or understand the importance of controlling or limiting the use of social media in the hiring process. A review of federal and state litigation demonstrates that the use of social media in hiring has two major legal problems. The first involves the misuse of personal information to discriminate against individuals who are a member of a legally protected class. Both the federal Civil Rights Act and state statutes prohibit discriminating against a person in employment because of their race, religion, ethnic origin, disability and, increasingly, gender identification or sexual preference. For most jobs, this information is intentionally omitted from the employment application process in order to avoid legal problems. But if an employer or its agents want to find out such information about a prospective employee, it is often readily available from an applicant’s Facebook page or LinkedIn profile. Yes, users may omit this personal information from their social media accounts or restrict access to it, but many do not—especially since they assume it will only be accessed by their friends or close associates. Even when the professionals in an organization’s human resource department instruct search committee members or other employees to refrain from researching job candidates on social media sites, there is no way to ensure it doesn’t happen.

The case of Gaskell v. Univ. of Kentucky (Bally, 2014), is a good example of what can happen when an employer uses information gathered from social media as part of the hiring process. Dr. Martin Gaskell was an astronomer who applied for a job as the director of the observatory at the University of Kentucky. During Dr. Gaskell’s job interview, the chairman of the Physics and Astronomy Department stated that he had researched Dr. Gaskell’s religious beliefs (online), and that they might be unacceptable to the dean of the department. The information he obtained showed that Gaskell was an outspoken critic of evolution and a believer of the intelligent design viewpoint.

After someone who believed in evolution was hired for the position, Dr. Gaskell sued the university, claiming that its conduct violated his rights under the Civil Rights Act. Specifically, he alleged that the University discriminated against him based on his religious beliefs. During the ensuing investigation and discovery process it was learned that an employee within the department had sent an email to the chairman concerning an Internet search that she conducted on Dr. Gaskell. In her email she discussed the professor’s anti-evolution religious beliefs and indicated it was not a positive attribute. The court agreed that this information provided Dr. Gaskell with enough evidence to pursue a lawsuit to determine whether his religious beliefs uncovered in the Internet search were, in fact, illegally used to deny him the position sought. The case was eventually settled before going to trial, but not before it cost the University a great deal of money and negative publicity.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

6

Social Media in Hiring Decisions

FEDERAL EEOC, FTC AND NLRB RULINGS In addition to potential lawsuits from individuals, the second area of legal concern to employers is the consequence of running afoul of the Equal Employment Opportunity Commission (EEOC) and other federal agencies. The EEOC in particular has become very active in scrutinizing employers’ hiring practices and in filing cases against them when it determines an employer’s hiring practices improperly include the use of social media. In a public workshop held by the Federal Trade Commission (2014), Carol Miaskoff, a representative of the EEOC, stated that the implications of employers’ use of social media to screen potential employees put them in a very vulnerable position.

She explained that even if employers just glance at applicants’ profiles on social media, they are exposed to a “plethora of information about protected statuses,” (p. 206) such as race, gender, sexual orientation, or disability.

Because the use of social media in recruitment and hiring only violates the law in specific circumstances, however, she stressed the importance of detailed recordkeeping that can protect employers. She also stated that the EEOC is now pushing “the kind of recordkeeping that can facilitate verification” (p. 197).

Whereas the EEOC is tasked with examining companies’ hiring practices, the National Labor Relations Board (NLRB) is the agency that enforces the National Labor Relations Act, which protects union related activities.

Although the NLRB has interpreted the Act as allowing the researching of applicants through social media, it cautions employers that doing so may pose significant legal risk. It warns that if an unsuccessful job applicant can establish that a prospective employer had knowledge of their protected union activity through viewing their social media, the prospective employer may face liability if the applicant alleges they were denied employment because of it. An employer may be found legally liable unless it can show that it would not have hired the applicant regardless of its knowledge of the activity. This is a difficult position to prove, especially since the NLRB will impute a supervisor’s knowledge about an applicant to the decision-maker (Morsilli, Ronen & Bloom, 2014).

Even when the individual making hiring decisions is not the one who reviewed an applicant’s social media activity, the employer may still be subject to liability since the NLRB has “a pretty liberal” standard for “imputed knowledge.” During a panel discussion held on November 27, 2014 (Nestor & Verma, 2014), EEOC Commissioner Chai Feldblum offered an example. The example involved an employer who learned protected medical information about a job candidate, and evidence exists that the person doing the hiring used that protected information to make their employment decision. In such a situation, she said “bingo, … you … have a violation” (para. 2).

The NLRB has also repeatedly struck down provisions of employers’ social media policies and reversed employer discipline of employees where the discipline has been based on employees’ personal social media activity. According to the Board, these employers violated Section 7 of the National Labor Relations Act (NLRA) by implementing policies that interfered with an employee’s right to discuss the terms and conditions of their employment or by disciplining employees for exercising that right in social media. Other NLRB decisions have held that if employers allow employees to use corporate social media platforms for non-business purposes, it will impose the same restrictions on employers that it has applied to their employees’ personal social media activity. This means that without carefully drafted policies or terms of use, employers run the risk that corporate-sponsored social media sites could be subverted for employees’ complaints about the terms and conditions of their employment. A recent NLRB report illustrates the application of a well-established principle of labor law—that employers may not implement policies, including social media policies—that could reasonably be understood by employees to prohibit them from discussing their terms and conditions of employment for the purpose of their mutual aid and protection (Gordon, 2014).

STATE LAWS In 2012, media reports about employers requiring access to a job applicant’s social media site as a hiring condition created a frenzy of public outrage and threats of legal action by Facebook. In response to the uproar many states began enacting social media password protection laws (“Social media’s impact,” 2013). Currently, there are 28 states that have passed or are proposing laws that prohibit potential and current employers from demanding, and using someone’s password to access their private social media accounts (“Employer access,” 2014).

The states that prohibit this practice are: Arkansas, California, Colorado, Illinois, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oregon, Tennessee, Utah, Washington, and Wisconsin. Although the content of these laws varies, each prohibits employers from asking potential or current employees for their passwords giving access to personal online content. There is an exception to this in most of these laws in instances if the employer can show a

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

7

Social Media in Hiring Decisions

strong business need such as when it is conducting a workplace investigation into illegal conduct or for conduct that violates company policy (Gordon & Hwang, 2014).

Although the practice of demanding online passwords is waning, it is still used by some who insist on accessing a job applicant’s social media to see what kind of activities they participate in or what kind of things they “like.”

Increasingly, however, not only are employers legally prohibited from forcing an applicant to give them access to this personal information, even if they gain it legitimately, the potential for misuse and resulting lawsuits make taking proactive measures to reduce legal liability essential.

INTERNATIONAL CONSIDERATIONS – THE RIGHT TO BE FORGOTTEN Although the decision applies only to search engines (data controllers) and not to social media sites, a 2014 ruling by the European Court of Justice (ECJ) may also impact an enterprise’s hiring process and tangentially impact social media providers (Smyth, 2014). The ECJ ruling, which applies to the European Union (EU), requires internet search providers to remove links to “inadequate, irrelevant, or excessive” information about an individual when they request it. The case, Google Spain SL v. Agencia Española de Protección de Datos, was brought against Google but it applies to all internet search providers. The resulting EU Directive is often referred to as “the right to be forgotten” and its significance is not a new burden placed on hiring firms or employers recruiting in the EU, but rather the creation of a new potential defendant for plaintiffs suing for employment discrimination. Now, not only may plaintiffs sue the party that sought out and used legally prohibited information, they may also sue the search engine company that failed to remove links to this information if it failed to do so after a proper request for deleting the links was made.

The interesting and real debate this EU ruling brings to the fore concerns determining the proper balance between the public’s right to know information about an individual versus an individual’s right to a fresh start free from the stigma of past behaviors. In the United States, public sentiment seems to favor making public all available information about an individual whereas European sentiment weighs more heavily toward non-disclosure of past transgressions (Toobin, 2014). According to Professor Toobin, “In Europe, the right to privacy trumps freedom of speech; the reverse is true in the United States.” As a result, the ECJ’s ruling and rationale in the Google case may be determined by a United States court to violate U.S. law in instances where a party seeks to hold a search engine company liable in a U.S. court.

Europe’s recognition of a “right to be forgotten” set off a significant debate at the national level in the United States, with many technology companies in strong opposition to it. In 2013, however, the state of California enacted a law that requires “the operator of an Internet Website, online service, online application, or mobile application” to allow registered users younger than eighteen to erase their own comments from any such site. Although enacted at the state level, this appears to be the first step in the United States toward acknowledging the “right to be forgotten.”

Teenagers who have posted embarrassing statements may now seek to remove those statements from social media sites—although the exact mechanism for enforcing this right has not as yet been determined. The statute has some other important limitations: it only covers the teenager’s own posts and not posts made by others. Also, although the teen may delete their own statements, they may not delete comments, “like” buttons, or other posts surrounding their statements (Claypoole, 2014).

HOW EMPLOYERS LIMIT THEIR LEGAL LIABILITY By now it should be clear that employers must be extremely careful with how they collect and use data about job applicants found on social media. Savvy employers not only need to have a policy regarding the use or non-use of social media in the hiring process, they must also make sure all their employees are trained on this issue and their policy, especially those employees participating in the hiring process (Federal Trade Commission, 2014).

If, despite the dangers, an employer still insists on reviewing a job applicant’s social media profile, there are a number of ways to reduce the legal risks when doing so. Some are listed below: •

Conduct an in-person interview before consulting social media If an employer plans on consulting social media, it should also make sure that all in-person interviews are conducted before researching the candidate online. This ensures that those persons conducting the interview don’t risk asking improper questions based on information learned through an online search.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

8

Social Media in Hiring Decisions •

Obtain written consent One way to reduce legally liability is to obtain the written consent from the job applicant before conducting a social media search.

•

Have someone who is not a decision-maker conduct the social media search Once the applicant’s permission has been obtained to conduct a social media search, someone who is not the employment decision maker should conduct the search and review the information gathered. This creates a shield between the person conducting the social media search and the person making the employment-related decision. An employer may also reduce their risk of liability by hiring a third party to conduct background checks of potential employees. These third parties may conduct searches of publicly available information but beware that federal laws such as the Fair Credit Reporting Act (FCRA) may become relevant depending on the third party source used to conduct the social media search (D’Andrea, 2014).

•

Use a standardized form for all candidates when conducting the social media search It is also a good idea to provide the non-decision making investigator with a form that contains only legal, pre-defined criteria for hiring decisions. The person conducting the investigation should be instructed that no additional information may be included on the form to insure that information regarding protected class status is not disclosed to the employer or decision maker.

•

Focus on candidate posts When searching for information, whoever is conducting the search should focus on the candidate’s own posts or tweets, not on what others have said about him or her. Remember, there are imposter social media accounts and a job applicant with negative information used to disqualify them from a position should be given the opportunity to respond to it before the decision is made.

•

Keep a detailed record of the social media search After written permission to conduct a social media search has been obtained, only gather information from the social media site that is legally permissible to consider when hiring. Employers should keep a detailed written record of all information used in the recruitment process as well as the information obtained from social media sites. This record also demonstrates what information was not used in the hiring process.

•

Search all candidates or none at all Also, once the decision has been made to use social media, employers should research every job candidate’s online profile. Conducting a social media background check on some candidates and not on others may lead to discrimination claims. All records associated with hiring decisions, including computer printouts of social media sites reviewed, should always be retained. Remember, all email exchanges and notes concerning potential job candidates may be obtained in the discovery process of a lawsuit.

•

Draft narrowly defined, specific policies that give your employees good guidance and examples Finally, when drafting employee workplace policies, employers should avoid using overbroad or vague language such as “inappropriate,” “unprofessional,” or “disparaging,” unless specific examples of each are provided. Also, avoid terms such as “non-public” or “confidential” without the use of limiting language because employees may reasonably construe it to limit discussions about working conditions (which may offend the NLRB). Avoid broad prohibitions against the use of an employer’s logo or trademark because it could be construed to prohibit non-commercial use under NLRA activities such as in leaflets or picket signs. Similarly, avoid broad prohibitions against photographing or videotaping the workplace as it could be interpreted to prevent employees from using social media to share information regarding employees engaging in protected concerted activity such as picketing. When implementing policies, carefully consider the reasons for disciplining or terminating an employee who has posted offensive statements online (“Social media’s,” 2013). Not only must the hiring process scrutinize its use of social media, all hiring decisions must be done in a way that avoids violating any federal, state or local law.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

9

Social Media in Hiring Decisions

CHILLING EFFECT Rita Kittle, a Senior Trial Attorney in the EEOC’s Denver Field Office warned that the increased effort by employers to access private social media communications may have a chilling effect on persons seeking to exercise their rights under federal anti-discrimination laws (Equal Employment Opportunity Commission, 2014). She and her colleagues found that not only does the use of social media by employers subject them to the possibility of serious legal liability when used to screen potential employees, it also has a chilling effect on their ability to hire good employees. This was verified by researchers at North Carolina State University (NCSU) (Kashmira, 2014) who tested the activity of 175 Facebook users. In addition to surveying whether the Facebook users had desirable personality traits that employers want (such as conscientiousness, being agreeable, and being an extrovert), they also examined how these job seekers reacted to the screening practice of employers who examined social media for evidence of ‘undesirable’ habits such as drinking and taking drugs to help them reject candidates. According to NCSU professor Lori Foster Thompson, “…there is no significant correlation between conscientiousness and an individual’s willingness to post content on Facebook about alcohol or drug use” (Kashmira, 2014, para. 6). The study’s authors also concluded that “companies are eliminating some conscientious job applicants based on erroneous assumptions regarding what social media behavior tells us about the applicants” (para. 7). Professor Thompson said, “when you think about the fact that top talent usually has a lot of choices as to where they want to go to work, it begins to really matter” (para. 9).

CONCLUSION The use of social media in the hiring process appears to be analogous to the opening of Pandora’s box. Once opened, it cannot be contained and the potential for destruction is great. There is a wealth of valuable information that can be gleaned from social media sites that an employer can legitimately consider. Relevant volunteer work, foreign travel and language skills may be discovered. However, it is also possible that an employer may learn legally protected characteristics such as race, religion or medical conditions. So although there are many reasons for limiting or avoiding using social media when considering a job applicant, there are also some legitimate ones. For instance, is the information on a social media site consistent with the information submitted on the candidate’s employment application and resume? The good news is, if an employer insists on checking social media sites, there are ways to limit the potential for legal liability when doing so. Every employer or job recruiter should have a policy for its use or non-use and once created, all employees within the organization should be made aware of the policy and the importance of complying with it. Employing neutral third parties who are not part of the decision-making process also provides insulation from liability. Additionally, obtaining the consent of the job applicant to a social media search is strongly advised. However, even if access to information on an applicant’s social media site is legally obtained, an employer should not interpret that to mean it can use the information it has gained to illegally discriminate against an individual when making the hiring decision. Finally, all decision makers should be aware of the types of information the law prohibits them from considering in the hiring process and the reasons behind the policies they are implementing. An educated and informed employee is much less likely to engage in misconduct that results in legal liability.

REFERENCES 1.

2.

3.

4.

Bally, K. (2014, July). Top 10 considerations when using social media in the hiring process. Retrieved January 12, 2015 from https://info.legalsolutions.thomsonreuters.com/signup/newsletters/corporate-counselconnect/2014-july/article8.aspx See also, Gaskell v University of Kentucky, 110 Fair Empl. Prac. Cas. (BNA) 1726, 93 Empl. Prac. Dec. P 44,047.

Cardon, P., Marshall, B., (2015, July). The hype and reality of social media use for work collaboration and team communication, International Journal of Business Communication, 52 (3273-293). doi: 10.1177/23294884I4525446 Cavico, F. J., Mujtaba, B. G., Muffler, S. C., & Samuel, M. (2013). Social media and employment-at-will: Tort law and practical considerations for employees, managers and organizations. New Media and Mass Communication, 11, 25-41. Retrieved January 12, 2015 from http://www.iiste.org/Journals/index.php/NMMC/article/view/4605 Claypoole, T.F., (2014, January). Privacy and Social Media, Business Law Today, Retrieved 4/9/2016 from http://www.americanbar.org/publications/blt/2014/01/03a_claypoole.html

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

10

Social Media in Hiring Decisions

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

D’Andrea, K. (2014, June). What you know can hurt you. Long Island Business News. Retrieved January 12, 2015 from http://libn.com/2014/06/18/what-you-know-can-hurt-you/ Dijkmans, C. Kerkhof, P., Beukeboom, C., (2015, April). A Stage to Engage: Social Media Use and Corporate Reputation, Tourism Management,47, 58–67. doi:10.1016/j.tourman.2014.09.005 Eills, A. (2015). Social media and the workplace. Surray Partners. Retrieved February 7, 2015, from http://www.surrypartners.com.au/social-media-and-theworkplace/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original Employer Access to Social Media Usernames and Passwords. (2014, November 18). Retrieved January 12, 2015 from http://www.ncsl.org/research/telecommunications-and-information-technology/employer-access-tosocial-media-passwords-2013.aspx Pedderson, J., & Blumenfeld, C. (2014, May). Employers checking your social media, but will it hurt your chances? Challenger, Gray & Christmas, Inc. Retrieved February 10, 2015 from https://challengeratwork.wordpress.com/2014/05/13/employers-checking-your-social-media-but-will-it-hurtyour-chances/ Equal Employment Opportunity Commission Documents. (2014, March 12). Social media is part of today’s workplace but its use may raise employment discrimination concerns. Retrieved January 12, 2015 from http://www.eeoc.gov/eeoc/newsroom/release/3-12-14.cfm Federal Trade Commission. (2014, September). Big Data: A tool for inclusion or exclusion? [Workshop transcript]. Retrieved February 8, 2015 from http://www.ftc.gov/system/files/documents/public_events/313371/bigdata-transcript-9_15_14.pdf Fioretti, J., (2015, November). Facebook to Appeal Belgian Ruling Ordering it to Stop Tracking Non-Users, Reuters, Retrieved April 9, 2016 from http://www.reuters.com/article/us-facebook-belgiumidUSKCN0SY27220151109 Gordon, P. (2014, January). Workplace privacy 2014: What’s new and what employers may expect, The Littler.

Retrieved January 12, 2015 from http://www.littler.com/publication-press/publication/workplace-privacy-2014whats-new-and-what-employers-may-expect.

Gordon, P. and Hwang, J. (2014, May). Tennessee joins the growing list of states limiting employers’ access to personal online content, The Littler. Retrieved January 12, 2015 from http://www.littler.com/publicationpress/publication/tennessee-joins-growing-list-states-limiting-employers-access-person-0.

Jacobson, R. (2014, January 13). Facebook Snooping on Job Candidates May Backfire for Employers, Scientific American. Retrieved May 3, 2016 from http://www.scientificamerican.com/article/facebook-snooping-on-job/.

Kashmira, G. (2014). Employers who Facebook stalk could be missing out on the best employees. A new study has found that people who post photos of themselves partying could still be good employees, The Independent.

Retrieved February 7, 2015 from http://www.independent.co.uk/life-style/employers-who-facebook-stalkcould-be-missing-out-on-the-best-employees-9099874.html Leonardi, P., Huysman, M., & Steinfield, C., (2013). Enterprise Social Media: Definition, History and Prospects for the Study of Social Technologies in Organizations, Journal of Computer-Mediated Communication, 19, 119. doi: 10.1111/jcc4.12029.

Martin, A. & Van Bavel, R. (2013). Assessing the benefits of social networks for organizations-report on the first phase of the SEA-SoNS Project (No. JRC78641). Institute for Prospective and Technological Studies, Joint Research Centre. doi: 10.2791/89039.

McCann, M., Barlow, A., (2015). Use and Measurement of Social Media for SMEs, Journal of Small Business and Enterprise Development, 22(2), 273 – 287. doi: 10.1108/JSBED-08-2012-0096.

Morsilli, R., Ronen, P. & Bloom, H. (2014, November 24). NLRB’s Johnson and Griffin review pitfalls associated with employer monitoring of social media [Web log post]. Retrieved February 7, 2015 from http://www.laborandcollectivebargaining.com/2014/11/articles/nlrb/nlrbs-johnson-and-griffin-review-pitfallsassociated-with-employer-monitoring-of-social-media/ Nestor, A., & Verma, N. (2014). EEOC and NLRB continue to focus on employers’ use of social media, The National Law Review. Retrieved February 7, 2015, from http://www.natlawreview.com/article/eeoc-and-nlrbcontinue-to-focus-employers-use-social-media Shami, N., Jiang, Y., Panc, L., Dugan, C., Ratchford, T., Rassmussen, J., Assogba, Y., Steier, T., Soule, T., Lupushor, S., Geyer, W., Guy, I., & Ferrar, J. (2014, February). Understanding employee social media chatter

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

11

Social Media in Hiring Decisions

23.

24.

25.

26.

with enterprise social pulse. In Proceedings of the 17th ACM conference on Computer supported cooperative work & social computing, 379-392. doi: 10.1145/2531602.2531650 Smyth, E. (2014, July). Will the 'right to be forgotten' ruling affect candidate background checks? The Guardian, Retrieved July 10, 2015 from http://www.theguardian.com/media-network/media-networkblog/2014/jul/25/google-right-forgotten-job-prospects Weiss, R. (2013). Social mediaâ&#x20AC;&#x2122;s impact on hiring, management and discipline: what every employer needs to know, Employment Practice Solutions. Retrieved January 12, 2015 from http://www.epspros.com/NewsResources/Newsletters?find=50514 Sunnucks, M., (2014, May). Most hiring managers say they look at applicantsâ&#x20AC;&#x2122; social media posts, Business Journal (Phoenix), Retrieved January 12, 2015 from http://www.bizjournals.com/phoenix/news/2014/05/13/most-hiring-managers-say-they-look-at-applicants.html.

Toobin, J. (2014, September). The Solace of Oblivion, The New Yorker. Retrieved July 10, 2015 from http://www.newyorker.com/magazine/2014/09/29/solace-oblivion

This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported license; see http://creativecommons.org/licenses/by-nd/3.0/.

Journal Social Media for Organizations, Vol. 3, Issue 1 (2016)

12

The Hilltop Review Volume 7 Issue 2 Spring 2015

Article 7

April 2015

Legal and Ethical Considerations for Social Media Hiring Practices in the Workplace Andrew S. Hazelton Western Michigan University

Ashley Terhorst Western Michigan University

Follow this and additional works at: http://scholarworks.wmich.edu/hilltopreview Part of the Education Law Commons, and the Higher Education Administration Commons Recommended Citation Hazelton, Andrew S. and Terhorst, Ashley (2015) "Legal and Ethical Considerations for Social Media Hiring Practices in the Workplace," The Hilltop Review: Vol. 7: Iss. 2, Article 7.

Available at: http://scholarworks.wmich.edu/hilltopreview/vol7/iss2/7

This Article is brought to you for free and open access by ScholarWorks at WMU. It has been accepted for inclusion in The Hilltop Review by an authorized administrator of ScholarWorks at WMU. For more information, please contact maira.bundza@wmich.edu.

53

Legal and Ethical Considerations for Social Media Hiring Practices in the Workplace

By Andrew S. Hazelton and Ashley Terhorst Department of Educational Leadership, Research and Technology andrew.s.hazelton@wmich.edu In the modern world, social networking sites and specific social media avenues have allowed people to interact in ways not seen in previous generations. Students have the ability to work on group projects and share information in real time through synchronous mediums, whether that is a file uploaded for everyone to see or instant messaging systems to discuss key points. Faculty and staff at a university are able to disseminate information about upcoming events, deadlines, or opportunities for their colleagues and followers to participate in. The entire university community can communicate with one other, without ever needing a physical presence.

Social media can be defined as technology that facilitates shared information, user created matter, and collaboration (Elefant, 2011). Examples of social media can include Facebook, Twitter, LinkedIn, Myspace, YouTube, and Wikipedia among other sites that facilitate interactions on a virtual basis (Broughton, Higgins, Hicks, & Cox, 2010). Paul and Chung (2008) add their own broader examples including blogs, forums, social networking sites, wikis, and virtual communities.

Social media has undoubtedly evolved and continues to do so with each day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. Recently, social media has captured a significant amount of time of individuals and exists in every aspect of their lives. Facebook is the most popular social media site and has over 1.3 billion monthly users as of March, 2014 (Lönnqvist & Itkonen, 2014). This technological phenomenon does not only affect the academic realm, but extends to every single workplace in existence.

Current Usage of Social Media in Hiring Practices Because social media sites have been growing more and more popular, employers are taking advantage and using these sites in their hiring processes. Companies and organizations looking to hire applicants have seen an increasing value in utilizing social media to check the background of individuals. According to Davison, Maraist, Hamilton, and Bing (2012), a 2008 survey of United States human resources departments found 84% of employers utilized online search engines to find applicants, an increase from 77% back in 2006. The sample size in this study was not provided in the article. Furthermore, this survey also found that an additional 9% of those sampled planned to implement this feature into their human resources departments and hiring processes in the future. Nguyen (2014) writes, “According to the 2013 CareerBuilder survey conducted online within the U.S. and Canada, which polled 5,518 job seekers and 2,775 hiring managers, 44% of the hiring managers stated that they would research the job applicants on Facebook, 27% would monitor the candidate’s Twitter accounts” (p. 1). The candidate and employer relationship during background checks has changed from researching criminal convictions to looking over the moral and ethical character of an online persona.

There has been significant discussion on how the usage of social media in hiring practices can be both a benefit and a hazard for job seekers of today’s world. According to Vicknair, Elkersh, Yancey, and Budden (2010), a positive aspect of this practice is the additional information and skills that can be demonstrated by a candidate that simply cannot be The Hilltop Review, Spring 2015

54

Legal and Ethical Considerations

replicated through paper and pen. Candidates have been offered jobs due to their social networking profiles reflecting well-roundedness, creativity, displays of awards, and just looking like the correct fit (Vicknair et al., 2010). Individuals can post their past projects and examples of work to highlight qualities, showing how they can fulfill a void in a company or organizational structure. Some candidates have even taken to including their social networking personal sites in their cover letter or resume to entice employers to look online and view their posted material. Paul and Chung (2008) identify many advantages of online content for employers. This includes the ability to recognize conflicts between an employee’s application and online profiles. In addition, the online content connects employees through projects and personality similarities, and it also helps create employee based applications using latest technological research of employee behaviors. According to the authors Clark and Roberts (2010), “SNSs (social networking sites) are also serving as an inexpensive and quick source of background information on job applicants and current employees for employers” and will continue to do so into the future (p. 507). Because this process is extremely convenient and fast, it is not surprising that so many companies are turning to social networking sites. However, not everyone feels as if this is an ethical process. Clark and Roberts (2010) continue to write, “Even though employers may have a legal right to use SNSs in this way, it is wrong for employers to do this unless the information obtained in this manner is essential to the job” (p. 508). In essence, is screening a social networking site of a candidate necessary and will possible information seen be relevant in determining the “fit” for a new employee in a workplace?

There is no law in place that restricts employers from considering information on an individual’s Facebook profile when making a recruitment decision, but there are other issues involved with using social networks in this process (Broughton et al., 2009). It has been noted that candidates can create a hazard for themselves if their virtual personality is viewed as demonstrating poor communication skills, harshly criticizing previous employers, indicating drug use or excessive drinking, and even posting perceived provocative and inappropriate photographs. The applicants who have material posted to their social networking sites that is deemed inappropriate or offensive by a human resources agent could be rejected for a potential job. Sprague (2011) states, "70% of hiring and recruiting professionals in the United States have rejected a candidate based on data found online" (p. 5). The reasons these candidates were not chosen were mostly due to lifestyle concerns, in the form of inappropriate comments and text. Other concerns involved were unsuitable photos, videos, and information (Sprague, 2011). In addition, Davison, Marast, Hamilton, and Bing (2012) note that human resources departments are also using social networking sites of applicants to detect any differences between their resume and cover letter as compared to their virtual postings. Public profiles allow information that would not be seen on a standard paper application, which causes legal issues to flourish. Such information could include one’s nationality, marital status, age, gender, and other protected classes under federal or state employment antidiscrimination laws and statutes (Moore, 2011). Screening of social networking sites is expected to continue affecting job recruitment, hiring, promotion, training, performance management, and termination and it is necessary to understand these issues (Nguyen, 2014).

Therefore, not only are potential employees at risk for not getting a job due to social media content, but they are also at risk for losing a job because of it.

What does this mean for job seekers in today’s world? Applicants are being screened beyond the physical papers handed in, like a cover letter or resume, and instead can be scrutinized through their virtual life. Applicants need to understand that their current actions via social media can lead to future problems. Individuals that have material posted to their social networking sites that is deemed inappropriate or offensive by a human resources agent could be rejected for a potential job. In this day and age, it is often said to be “safe rather than sorry” when considering posting any information online. With the increasing usage of social

The Hilltop Review, Spring 2015

Andrew S. Hazelton and Ashley Terhorst

55

networking sites as a screening tool for human resources management and other departments, these words would be wise to consider even more strongly than before.

Legal Considerations The leading legal issue in conflict with companies’ and organizations’ social media screening of applicants involves the public profiles of candidates. Discrimination claims can be brought up against an employer if an applicant feels that an employer did not interview them due to knowing the applicant’s race, gender, nationality, religion, sexual preference, disability, marital status, or other information not afforded by a face-to-face interview (Moore, 2011).

By looking at one’s social media profile, employers would be able to determine a lot of these traits, whether voluntarily offered through an online persona or not. Due to LinkedIn having a limited number of African-American (5% of the LinkedIn population) and Hispanic (2% of the LinkedIn population) participants, companies relying heavily on this social media site for recruiting principles may be accused of unlawfully trying to keep job offerings off-limits to these populations (Elefant, 2011). In further research Sprague (2011) states, “Social network searches should be conducted by someone who will not be making the hiring decision so that protected class characteristics that may be discovered can be removed from any information considered by the decision maker” (p. 32). Also, receiving an applicant’s consent prevents the idea that employers are imposing on an individual’s privacy (Elefant, 2011). Although many employers do not obtain applicants’ consent prior to the hiring process, it is a suggestion to be considered. Even courtroom attorneys and judges have been criticized or punished through the legal system for similar activity. An example includes individuals posting information that inadvertently reveals confidential information about a case (Lackey & Minta, 2012). With the increasing amount of employers looking to social media to screen applicants for open jobs, employers must be careful of how the information they see is interpreted and used.

According to Paul and Chung (2008), there are five personal or civil rights of the employee, including: (1) right of free speech, (2) right of privacy, (3) right to be free of defamation or attack, (4) right to protest employer action, and (5) implied right to be judged based on accurate information. With this idea in mind, each part can be used to help explain potential legal considerations. First, the right to free speech can be seen through the first amendment a person brings up when an employer looks to silence an employee’s protesting remarks about a company. If the employee disseminates information about a company that includes violent remarks, threats, or intimidation, or that reveals confidential information, this content may not fall under the right to free speech argument (Paul & Chung, 2008). Second, the right to privacy in regards to social networking sites continues to be a spot of conflict between employee and employer. In a general sense, courts do not consider individuals to have a reasonable expectation of privacy if the individual fails to use privacy settings or restrict access to content that others can find (Vinson, 2010). Third, the right to be free of defamation or attack can relate to the employer’s responsibility to provide a hostile-free environment in which an employee can work. This responsibility can include a number of considerations, such as not allowing sexual harassment or discrimination due to political views, but also simply not repeating the discriminatory views of others (Balkin, 1999).

Employees should be able to protest employer action that creates a hostile environment but should make sure all information utilized is accurate, or else the employee can be liable for defamation claims (Raysman, 2012). Being judged on accurate information is something most applicants would like; thus the employer must be careful when seeking information from social networking sites to ensure a truthful representation of a person. As Davison, Maraist, Hamilton, and Bing (2012) report, social networking sites can reveal a snapshot view of a person’s state of mind at the time of the post, but do not give a full picture of the individual by any means.

The Hilltop Review, Spring 2015

56

Legal and Ethical Considerations

One concern related to privacy protection includes an individual’s right to their own “place.” Sprague (2011) says, “In cyberspace, there are no physical spaces or clear boundaries delineating behavior and property” (p. 15). This lack of boundaries leaves very little protection for potential employees who utilize social media sites. Clark and Roberts (2010) state, “Online communities are a new way for people to interact, and this evolution of communication should be protected” (p. 514). It is important for companies to have their own regulations in place in order to protect themselves and employees as well. Elefant (2011) states, “Employers can monitor employees’ use of social media on work-issued equipment without concern about invasion of privacy when employees are made aware that their online communications are subject to oversight” (p. 17). One can omit some of the blurred lines by having open communication. In addition, ensuring employees understand the company’s standpoint on social media use is also helpful.

Another issue with online communication is that it is permanent, and even if a user omits information, it can still remain part of the SNS’s property and be recalled later on (Clark & Roberts, 2010). Cain (2008) writes, “Pictures or comments may remain linked with an individual long after the user’s attitudes and behaviors have matured” (p. 2). Having the appropriate privacy settings in place on social media sites can help prevent these pictures and comments from reaching those they were not intended for. However, many Facebook and other social media users are unaware of the privacy options and merely use the default settings. Facebook automatically defaults to the lowest possible privacy settings, assuming users want everything to be publicly available (Vinson, 2010). It is of great importance for candidates to understand the privacy options and to take full advantage of them.

One major argument regarding social media and the workplace is that there needs to be clear boundaries established between work and personal life (Clark & Roberts, 2010). It is important for applicants to differentiate the various contexts for situations. One thing they may say to a close friend could mean something completely different to an employer (Cain, 2008). When boundaries between personal and professional lives are blurred, it creates legal and ethical minefields (Vinson, 2010).

Ethical Considerations Through public profiles, employers may see protected class information or sensitive and private activities that are not job-relevant but that may influence the employer’s view of a candidate, which brings in both legal and ethical questions (Moore, 2011). Not being able to independently verify information relating to a public profile means the credibility of what is found concerning the background of a candidate is at risk. Candidates who are the victims of identity theft may have no idea that a different virtual profile exists to which their name is attached and under which they are scrutinized. Additionally, employers may want to consider how searching candidates’ backgrounds online can affect the overall morale of current employees, who may feel discontent in their workplace due to fear arising from their own social networking profiles (Broughton, Higgins, Hicks, & Cox, 2010).

Another ethical question arises from whether candidates should have the right to know if employers are using social networking sites to screen or verify information they provided. In a 2009 survey, 49.3% of respondents were aware their social networking profiles could be viewed by employers, leaving a little over 50% believing elsewise (Vicknair, Elkersh, Yancey, & Budden, 2010). Furthermore, candidates and current employees may feel as if information exchanged between public profiles has an expectation of privacy from employers, but the open nature of the internet means this content can be accessed by anyone at any time (Cain, 2007). Most important for higher education employers, there is a push to understand the implications of searching candidates online. In the same 2009 survey above, 55% of the 289 respondents believed employers did not have access to view their social networking sites,

The Hilltop Review, Spring 2015

Andrew S. Hazelton and Ashley Terhorst

57

and yet 69.4% of the same population felt employers had the right to check their social networking profiles (Vicknair, Elkersh, Yancey, & Budden, 2010). This discrepancy can be explained if the on-campus respondents felt that employers could only research their profile and the information shared publicly, rather than those in which privacy settings have been utilized.

An additional ethical concern is related to who should be posting on behalf of the company. Raysman (2012) says, “Some businesses want their employees to contribute to the online public discourse within the company’s particular industry and enhance the company’s brand with meaningful interactions” (p. 11). However, in order for employers to avoid confusion and mishap in the workplace, a company should determine whether to encourage or discourage the use of social media by their employees (Raysman, 2012). If they decide to incorporate social media into the workplace, it is important to determine who has these rights.

Having a designated person or group of people who are allowed to post on the company’s behalf ensures consistency, trustworthiness, and validity. A social media policy can help keep these policies in place. According to a description by Raysman (2012), “A social media policy is a written document that describes the dos and don’ts of employee behavior when communicating within the various new media platforms” (p. 11). This information is relevant to prospective employees because they could one day be designated to post on behalf of the company. It is extremely crucial for candidates to understand the multiple ethical concerns involved with their future employers, as they will have a great impact on these individuals when their time comes.

Higher Education Focus in Academic Departments Higher education staff and faculty functioning within an academic department should take special note to understand the underlying issues possible with researching future employees online.

One of the easiest ways to help spread knowledge about social networking sites and potential screening processes by hiring departments is to educate upcoming university students about their postings and the lasting image they can have. In terms of academic departments, employers should understand the prevalence of social media on university campuses. As Lackey and Minta (2012) state, “the information often cannot be ‘unseen’ once someone who has hiring authority has viewed it [protected class information]” (p. 180).

Vinson (2010) states, “Students, faculty, and administrators of law schools are using social networking in numerous ways and for various reasons, such as education, communication, marketing, fundraising, information, and socialization” (p. 375). If faculty or staff are in the habit of “friending” students who then apply for positions where they work, these higher authority figures may have access to information that others would not know over the time the social networking connection was active (Vinson, 2010). If this information interferes with a person’s ability to view a potential candidate unbiasedly, then they should remove themselves from the selection process. The responsibility lies with faculty and staff to educate students about their social media sites as they prepare for their job searches. Understanding the implications related to the content of one’s social media site will be beneficial as individuals are considered by future employers.

Best Practices Moving Forward With social networking sites evolving and continuing to permeate the workplace in multiple facets, it is important to understand, develop, and implement expectations for employees and employers alike to ensure a fair and positive environment. Davison, Maraist, Hamilton, and Bing (2012) had recommendations from their article, including (p. 15-17):

The Hilltop Review, Spring 2015

58

Legal and Ethical Considerations 1.

2.

Develop policies regarding appropriate and inappropriate uses of internet searching Base the use of internet screening media for selection purposes on recommendations from a job analysis 3. Conduct a risk-benefit analysis to determine if the legal risks of using internet screening media to assess applicants outweigh the potential benefits 4. Standardize assessments of internet screening media and use multiple raters 5. Verify the accuracy of information obtained from internet screening media 6. Disclose the potential use of internet screening media for selection decisions to applicants According to Sprague (2011), “Employers need to be aware of what their employees post online, particularly if those publications relate to the employers’ products or services” (p. 33).

Many individuals believe a right to privacy needs to be clearly established, in order to protect both the employer and employee (Clark & Roberts, 2010). Some guidelines for employers to consider when performing background checks via SNSs are: to not conduct a check unless it is directly related to the job, to provide notice to the employee prior to the check, to ensure the information collected is accurate, to not violate confidentiality, and to avoid intrusive data collection (Clark & Roberts, 2010).

One practice for moving forward to consider is designating specific individuals to represent the company in online posts, or having procedures in place for those wanting approval to speak on behalf of the company (Raysman, 2012). By having the proper policies and procedures established in regards to social media interactions, it helps prevent legal risks.

Another practice for moving forward for employers to contemplate is rather than completely prohibiting social media at work, they can develop clear social media policies to guide employees regarding proper use during work hours (Elefant, 2011). Vinson (2010) also recommends a proactive approach in “Educating members of the legal field about the implications of using social networking, rather than prohibiting it,” (p. 405). In order to assist employees in understanding and following the implemented policies, employers should consider developing a social networking policy. This policy should clearly describe its purpose. In addition, a social networking policy should highlight the benefits, as well as the risks, involved. Lastly, it would be beneficial for the policy to explain the laws, social norms, and professional practices of communicating via social networking sites, while explaining ways to evade any harmful consequences (Vinson, 2010). It is highly recommended that companies create strict monitoring policies, and more importantly, ensure all employees are aware of these restraints (Elefant, 2011).

What does this mean for students and potential job seekers? Students need to be more aware of their online presence and how their posts, shares, “likes,” tweets, and other modes of communication can affect the outcome of their future with an employer. First, students should take a look at what has already been discussed on social networking sites regarding their behaviors offline. This would include looking for information posted not only by themselves but also by others about them. This will help students to understand how employers may view their behaviors or online presence through the eyes of someone else. Additionally, students need to be more informed about privacy settings and other options relating to their public profiles. Past research, as discussed above, demonstrates that students are growing in their online presence and it is easier than ever to find someone digitally through a simple Google search. By seeking privacy settings, students can help limit what information is available to those that seek it. However, it is ultimately on the student to understand how privacy settings work and whether utilizing the services will help or hinder their job prospects. Some employers may view restricted profiles with disdain as they ask the question, “What do they have to hide?” As a result, students will need to look beyond their current profiles and reconcile problems that may be hidden in the past of their social networking sites.

The Hilltop Review, Spring 2015

Andrew S. Hazelton and Ashley Terhorst

59

As we move forward, it is crucial for both employers and employees to be on the same page with social networking policies and procedures. Educating employees regarding the established guidelines will help prevent any mishaps in the workplace. Becoming informed on the best practices, and then applying them, will have a tremendous impact on the work environment.

References Broughton, A., Higgins, T., Hicks, B., & Cox, A. (2010). Workplaces and social networking: The implications for employment relations. Retrieved March 10, 2014 from http://www.acas.org.uk/media/pdf/f/q/1111_Workplaces_and_Social_Networkingaccessible-version-Apr-2012.pdf Cain, J. (2008). Online social networking issues within academic and pharmacy education.

American Journal of Pharmaceutical Education, 72(1), 1-6.

Clark, L.A., & Roberts, S.J. (2010). Employer’s use of social networking sites: A socially irresponsible practice. Journal of Business Ethics, 95, 507-525.

Davison, H., Maraist, C., Hamilton, R., & Bing, M. (2012). To screen or not to screen? Using the internet for selection decisions. Employee Responsibility Rights Journal, 24(1), 1-21.

Elefant, C. (2011). The “power” of social media: Legal issues & best practices for utilities engaging social media. Energy Law Journal, 32(1), 1-55.

Lönnqvist, J.E., & Itkonen, J.V.A. (2014). It’s all about extraversion: Why Facebook friend count doesn’t count towards well-being. Journal of Research in Personality, 53, 64-67.

Moore, B. (2011). Social networking in the workplace. Business Lexington, 1- 2.

Nguyen, N.T. (2014). Employer’s use of social networking sites in application screening: An unethical and potentially illegal practice. Department of Management, Towson University, 3 (1), 1-2.

Raysman, R. (2012). A Practical look at social media policies. The Computer & Internet Lawyer, 29(3), 10-13.

Sprague, R. (2011). Invasion of the social networks: Blurring the line between personal life and the employment relationship. University of Louisville Law Review, 50(1), 1-34.

Vicknair, J., Elkersh, D., Yancey, K., & Budden, M. (2010). The use of social networking sites as a recruiting tool for employers. American Journal of Business Education, 3 (11), 7-12.

The Hilltop Review, Spring 2015

http://hrcouncil.ca/hr-toolkit/diversity-at-work.cfm

1

Conducting Effective Interviews: What You Need to Know From Guidestar: January 2007 Hiring is one of a manager's most important responsibilities. Although most organizations recognize the opportunities and consequences involved with talent selection, few are prepared to lead a truly effective interview process. This article will give you a few tips for making the most of your limited time with a prospective employee.

General Planning First, you should develop an interviewing structure that can be kept consistent across all candidates.

As much as possible, standardize the questions, environment, and interviewers involved so that you can really compare apples to apples when it comes down to a few finalists. This structure will not only make your interviews more effective but will also increase the professionalism, equity, and legality of the whole process.

Chose your interview format carefully. A one-on-one meeting is more likely to set a candidate at ease and facilitate a conversational relationship, but it does not provide the objectivity gained by having two or more interviewers involved. In the latter case, make sure that each participant's role is distinct and mutually understood. For example, have one person focus on employment history and experience, another on skills capacity/job requirements, and a third on culture/personality fit.

Defining the Role Know what you want to see before the interview starts. To the greatest extent possible, candidates should be selected for roles; roles should not be defined around candidates after the fact.

Brainstorm with colleagues about the characteristics of an ideal candidate. Identify the core competencies that are required for success in this role and in your organization as a whole. Keep in mind that some competencies should be based around skills and experience, whereas others should consider personality attributes and cultural fit. Make a list that can be developed into an interview template and scoring sheet, as described later.

Interview Questions Ensure that all your questions are: •

Relevant–centered on the required core competencies and pertaining only to areas that equal opportunity laws refer to as Bona Fide Occupational Qualifications (BFOQ), which are those qualifications required to perform a job safely and efficiently and that are reasonably necessary to the operation of the business.

•

Behaviorally Based–asking candidates to describe past experiences in which they successfully demonstrated specific competencies.

•

Open-Ended–allowing insight into a candidate's thought processes without "leading" the answers you want or requiring unknowable, organization-specific facts.

Structure your interviews to provide candidates with multiple opportunities to prove their potential values and abilities to succeed in the role. Interviewing should not be a throw-back to fraternity hazing, where you put a jobseeker on the "hot seat" just because someone once did the same to you. It is easy to miss out on a great candidate if you focus more on making someone nervous and setting them up for failure than you do on evaluating their potential.

Page 1

The Interview Conversation Begin with introductions, a review of the meeting goals and timetable, and opening questions designed to put the candidate at ease. Then move into the format that you have prepared. You may want to have a template, on which you can quickly write notes around responses, handy. Know that your notes may be used as evidence in any employment-related lawsuit, so please make sure to keep them focused around required qualifications and competencies.

Remember that in a good interview, information should flow both ways. Plan time in the interview to take advantage of this opportunity to tell your organization's story to a person who may end up being important to you, whether or not they are right for this particular job. Allow the candidate to talk for approximately 70 percent of the time and you (and your colleagues) to speak for 30 percent of the time. Watch for responsive comments and intelligent questions.

Making a Decision Fill in a scoring sheet as soon as possible to capture your thoughts around a candidate's capacities related to your specific areas of focus. This information should be recorded both numerically (1-10 scale) and in short commentary form. If multiple interviewers are involved, have each one complete the scoring sheet individually and then convene the group to compare impressions.

Try to prevent immediate reactions, premature conclusions, and irrelevant subject matter from clouding your judgment about whether or not a candidate will be able to succeed in a role. You may not be able to gain adequate perspective on any one candidate until you have interviewed several individuals.

Although all interviews should carefully consider a candidate's personality fit with the organizational culture, remember that you need to focus on selecting the right employee, not a new best friend.

Conclusion A thoughtful and thorough interview process will increase your ability to evaluate candidates and make the right hires. Remember that your interview process reflects the value your organization places on its members. Viewing the interview process as an opportunity, not a chore or challenge, will communicate a positive corporate outlook and engender goodwill between candidates and your organization.

Commongood Careers, February 2007 Š 2007, Commongood Careers Commongood Careers is dedicated to helping today's most effective social entrepreneurs hire the best talent. Founded by nonprofit professionals, Commongood Careers offers personalized, engaged services to job seekers and organizations throughout the hiring process as well as access to a wealth of knowledge about careers in the social sector.

Help | Privacy Policy | Legal Notice | Terms of Use

Page 2

2

3

4

5

6

7

8

Inclusion Advocates (IAs)

RECRUITMENT RESOURCES This section contains various lists of potential recruitment resources.

Based on the specific opening (faculty or Administrative), Inclusion Advocacy may be able to use some of these contacts for posting the opening and additional networking.

Section Contents 1. Recruitment and Relationship Resources *Individuals with Disabilities *Veterans *Additional SVSU Recommendations 2.

HBCU (Historically Black Colleges & Universities) with Doctoral Programs

3.

Professional Association Resource List (William Charles Search Group)

4.

Diversity Advertising Resources – General and Discipline‐specific

5.

Stanford University Best Practices: Building on Excellence: Guide to Recruiting and Retaining and Excellent and Diverse Faculty at Stanford http://www.stanford.edu/dept/provost/diversity.pdf

6.

Michigan State University Best Practices: Best Practices for a Successful Academic Search: Practical tips and Resources for Recruiting & Selecting a Diverse Faculty

7.

Bradley‐Morris Inc – Search firm specializing in Military Trained Candidates

Additional Best Practices: (see web addresses below to obtain copies) Western Washington http://www.wwu.edu/eoo/docs/Best%20Practices_Recruit.Retain%20FSOC%20WhitePa per.pdf

North Carolina State http://www.ncsu.edu/equal_op/hiring/OEO_Recruitment_Guidelines.pdf

Penn State http://www.psu.edu/dept/aaoffice/pdf/guidelines.pdf

Northwestern University http://www.northwestern.edu/provost/faculty/hiring/best_practices.pdf

Recruitment and Relationship Resources

Additional SVSU Recommendations 1. Higher Education Commission 2. The Academic Network, Inc. 3. MI HERC 4. V A Office

2

3

4

Building on Excellence Guide to Recruiting and Retaining an Excellent and Diverse Faculty at Stanford University

INSIDE An excellent and diverse faculty............................................................................................................................. 1

by Provost John Etchemendy Stanford’s commitment to faculty diversity.............................................................................................................. 2

by President John Hennessy and Provost John Etchemendy Recruiting an excellent and diverse faculty.............................................................................................................. 4 Advancing and retaining an excellent and diverse faculty......................................................................................... 9 Junior faculty counseling and mentoring................................................................................................................11 University resources for faculty recruitment and retention...................................................................................... 13 Stanford offices that offer assistance.....................................................................................................................15 Deans’ Offices. ................................................................................................................................................15 Faculty Affairs..................................................................................................................................................15 Faculty Development and Diversity Office...............................................................................................................15 BenefitSU. ......................................................................................................................................................16 Faculty Housing................................................................................................................................................16 Center for Teaching and Learning. .......................................................................................................................16 Diversity and Access Office.................................................................................................................................16 WorkLife Office................................................................................................................................................................... 17 Help Center. ...................................................................................................................................................17 Dual Career Assistance. .....................................................................................................................................17 Sexual Harassment Policy Office...........................................................................................................................17 Ombuds Offices. ..............................................................................................................................................17

Legal considerations in recruitment and retention..................................................................................................18 APPENDIX

Equal Employment Opportunity Statement................................................................................................................i

by President John Hennessy Equal Employment Opportunity and Affirmative Action Policy and Policy of Equitable Compensation..........................ii Gender Equity in Academic Science and Engineering............................................................................................... iv Joint Statement by the Nine Presidents on Gender Equity in Higher Education........................................................... v Look to Future of Women in Science and Engineering............................................................................................. vi

by John Hennessy, Susan Hockfield and Shirley Tilghman Report of the Provost’s Advisory Committee on the Status of Women Faculty......................................................... viii

An excellent and diverse faculty

By John Etchemendy, Provost and Professor of Philosophy

to the highest station in life. A spirit of equality must accordingly be maintained within the University.”

Recruiting and retaining an excellent and diverse faculty is hard work, even at an institution as known for excellence as

I have had the privilege of participating in the hiring,

is Stanford University. This publication and the programs

mentoring and promotion of many very worthy Stanford

it describes reflect our intention to vigorously pursue an

faculty members in my roles as a department chair, dean

exceptional and diverse faculty with all the commitment,

and now provost. I start with the assumption that, as

resources and energy we can summon.

faculty members, we are here to pursue and disseminate knowledge for the benefit of society.

Building diversity – broadly defined – within the professoriate and ensuring fairness for all in the hiring and promotion

When talking about the creation of knowledge, people

process are challenges for all of higher education. All institu-

often use the metaphor of building an edifice, constructed

tions face similar problems. For instance, minorities and

one building block at a time. While this may be a useful

women are often underrepresented in our candidate pools.

metaphor in that the creation of knowledge is indeed a

And, despite best intentions, they are sometimes subject to

communal project with many people contributing indi-

an unconscious bias imposed by a society that has not yet

vidual pieces, it is not quite right.

fully recognized the value of its own diversity. At Stanford, we believe we have a special obligation to overcome these

Building blocks – such as bricks – are the same shape and

and other challenges and to succeed in our efforts.

dimension. Thus the metaphor suggests that all contributions are the same. But new knowledge – new discoveries,

First, we believe that an institution of Stanford’s caliber

new insights – are never homogeneous. Diversity allows

should reflect the multi-racial, multi-ethnic society and

for new shapes, textures and imaginings of knowledge; it

pluralistic democracy that serve as a foundation for the

encourages the innovation and insight that are essential to

university. Second, we believe that a diverse campus com-

the creation of knowledge. A diverse community of schol-

munity enriches the educational and scholarly environment

ars asks diverse questions and has diverse insights, and so

by bringing varied interests, experiences and perspectives to

pushes the forefront of knowledge further faster; providing,

the teaching, learning and creative activities that constitute

in turn, a richer educational environment for our students.

our core mission. Third, we recognize that our prominence brings with it added responsibility, namely, that we assume

The underlying message contained in the various programs

a leadership position here as we do in our other pursuits.

described in this publication is that tried and trued methods of recruiting, hiring and retaining well-qualified and

And finally, seeking an exceptional and diverse faculty ful-

diverse faculty members are not enough. We must think

fills the vision of our founders, who wanted their university

anew and we must rigorously review our perceptions, our

to “resist the tendency to the stratification of society, by

assumptions and our methods of identifying, recruiting

keeping open an avenue whereby the deserving and excep-

and supporting faculty if we are truly to serve our mission.

tional may rise through their own efforts from the lowest

Stanford’s commitment to faculty diversity: a reaffirmation President John Hennessy and Provost John Etchemendy origi-

nority candidates. This obligation must be taken especially

nally presented the following statement on faculty diversity at a

seriously for senior appointments where active outreach to

meeting of the Stanford Faculty Senate on May 31, 2001. On

potential candidates is required as part of the search pro-

April 19, 2007 this statement was reaffirmed and updated.

cess. Department chairs and deans have the responsibility to make sure that these obligations have been fulfilled.

For many years Stanford University has had a commitment to enhancing the diversity of its faculty. This commitment is based, first and foremost, on the belief that a more diverse faculty enhances the breadth, depth and quality

2

We will make use of incentive funds and incremental faculty billets to encourage the appointment

of candidates who would diversify our faculty, such as

of our research and teaching by increasing the variety of

women and minorities in fields where they continue to be

experiences, perspectives and scholarly interests among

underrepresented. Our goals are two-fold. First, we want

the faculty. A diverse faculty also provides a variety of role

to encourage the normal process of diversification, which

models and mentors for our increasingly diverse student

should occur as a byproduct of outreach during searches.

population, which helps us to attract, retain and graduate

Second, we hope to accelerate this process by encouraging

such populations more successfully.

departments and schools to take advantage of opportunities to appoint additional equally qualified candidates from

In 2001, we developed a set of principles to emphasize

underrepresented groups who are identified during searches

Stanford’s continuing interest in and commitment to in-

but who (for reasons such as their area of specialization)

creasing the diversity of our faculty and to providing access

may not be the first choice of the search committee. This

to equal opportunities to all faculty independent of gender,

second mechanism is especially important in fields where

race or ethnicity. Six years later, we feel it is important to

the small pool of available candidates means that opportu-

reiterate and broaden our commitment to those principles.

nistic approaches are important.

This recognition acknowledges the ongoing evolution of our aspirations and objectives in an area that is critical to the continued excellence of the University. In that spirit, we assert once again our commitment to the following

3

The University has established a Panel on Gender Equity and Quality of Life to follow up on the

work of the Provost’s Advisory Committee on the Sta-

steps, some of which reaffirm existing University policies,

tus of Women Faculty and a Diversity Cabinet of senior

and others that extend those policies:

administrators and faculty to explore ways in which we can

1

foster and enhance gender, racial and ethnic diversity and Faculty searches are obligated to make extra efforts to

equal opportunity for our faculty as well as other segments

seek out qualified women and minority candidates

of the campus community. The Office of the Vice Provost

and to evaluate such candidates. It is the obligation of the

for Faculty Development and Diversity is explicitly charged

search committee to demonstrate that a search has made a

with overseeing the University’s continuing efforts to fur-

determined effort to locate and consider women and mi-

ther diversify the faculty.

4

We will continue to monitor and report on the representation of women and minorities on the faculty,

as well as their tenure and promotion rates, on a yearly

9

Attracting and retaining the best faculty members in an increasingly diverse society requires us to have

a university that is supportive of faculty diversity, both

basis to the Faculty Senate. We hope that sharing the data

in the composition of the faculty and in their scholar-

will continue to keep this issue on the agenda of school

ship. Stanford University seeks and promotes an academic

deans, department chairs, faculty search committees and

environment for each faculty member that is collegial,

the faculty as a whole.

intellectually stimulating and respectful of his or her

5

contributions and accomplishments. Such an environment We will support and mentor all junior faculty, and

should enable the highest quality scholarship and teaching

we will continue to use a review process for tenure

and provide every faculty member a voice in department

and promotion that is based on a candidate’s contributions to research and teaching and that is appropriate for the candidate’s area of scholarly interest. Furthermore, we will be alert to systematic barriers that may appear to limit advancement and retention of women and minorities. Seri-

decision-making.

10

Realizing that graduate students are the primary pool for the next generation of faculty, the

University will redouble its efforts to attract and support

ous efforts will be made to mitigate any such limitations

women and minority graduate students. Small pool sizes

that might exist.

and pipeline issues hamper the best intentions of all insti-

6

tutions of higher education to diversify faculty, and StanWe will continue to evaluate faculty salaries, with

ford must be a leader in efforts to address these challenges.

special emphasis on women and minority faculty

The University will enhance its efforts through outreach

salaries, through an objective methodology (the so-called

and new funding mechanisms to increase the diversity of

quintile analysis). Any inequities in salaries – whether for

our graduate student pool and support these students once

women or men, minorities or non-minorities – will be

they enroll at Stanford. As an institution, we will encourage

sought out and corrected.

women and minority students to pursue academic careers.

7

We will also monitor the distribution of University

Finally, we acknowledge that no single policy is likely to

resources that support individual faculty research

be sufficient to achieve our goals. Instead, a concerted

programs, including both research funds and space, to

implementation of a variety of approaches is necessary to

ensure that the distribution of the University’s resources

achieve an overall University culture that fosters effective

is not based on improper factors (such as gender, race or

diversity and that can serve as a national model for other

ethnicity). Any such inequities discovered will be corrected.

universities. While we view this statement and these poli-

8

cies as an important first step, careful attention to practices We seek to increase the representation of women

and viewpoints throughout the faculty will be needed to

and minority faculty in leadership positions in

make significant progress. We call upon all our colleagues

departments, schools and the University administration. In

to engage actively in this important effort.

addition, in the process of appointing faculty to leadership positions – such as department chair, associate dean or dean – we will consider the efforts and effectiveness of the candidates in promoting and enhancing faculty diversity and equal opportunity. Such criteria will also form a part of the yearly review of all faculty leaders.

Recruiting an excellent and diverse faculty faculty. It welcomes nominations of and applications

Overview

from women and members of minority groups, as well

A faculty of outstanding scholars/teachers who are diverse

as from others who would bring additional dimensions

in their gender, culture, race/ethnicity, background, work

to the university’s research, teaching and clinical mis-

and life experiences, and interests, best fulfills Stanford’s missions of teaching, learning and scholarship. Stanford University’s commitment to enhancing the diversity of its faculty recognizes that research and teaching are enriched by a variety of perspectives, and that students must be prepared to achieve success in a world that is increasingly global and diverse. Stanford particularly encourages the vigorous recruitment and retention of women and minorities, as well as others whose backgrounds and experiences would provide additional dimensions to enhance the university’s programs. The following faculty recruitment

sions.”

B. The diversity outreach plan

Before the search commences, the department or search committee should develop a search plan that includes specific outreach efforts for obtaining a diverse applicant pool. Deans may request this diversity outreach plan as part of the search authorization request or before allowing the search to proceed. Suggestions for diversity outreach approaches are described below under Search Processes.

practices are offered as guidelines to assist schools and departments in achieving an excellent and diverse faculty.

C. The search committee

1

1. Efforts should be made to appoint a search committee that includes individuals from diverse backgrounds and Before the search begins

members who have demonstrated a commitment to

For a search to be successful in attracting highly qualified

diversity. Include experienced department citizens and

and diverse applicants, attention to diversity – broadly

young stars, as well as faculty related to the search area.

defined – must start at the beginning of the search process

2. If the small number of women and minority faculty in

with the development of the position description and the

the department or school precludes their membership

selection of the search committee.

on the search committee, consideration should be given to including faculty from other departments on the

A. The position announcement

1. Prior to initiating the search, the position description should be carefully written by the department chair, faculty group, or search committee and be reviewed by the dean’s office. Consideration should be given to defining the position broadly to expand the number of candidates from diverse backgrounds who may apply.

2. Include in the position announcement and in all advertisements for the position the following statement: “Stanford University is an equal opportunity employer and is committed to increasing the diversity of its

search committee. Add outside experts if the field is new for your department, if your department is small, or if the search is in an interdisciplinary field.

3. One member of the committee should be asked to serve as the diversity officer. Faculty serving in this position will assist the search committee with diversity aspects of the search, including outreach efforts and monitoring the diversity of the candidate pool.

4. Avoid appointing the faculty member with the most at stake as chair of the committee.

5. The department chair may want to be an ex officio member of the search committee.

Faculty members at Commencement: from far left to right, William Mobley, professor of neurology; David Spiegel, professor of psychiatry and behavioral sciences; Charlotte Jacobs, professor of oncology; John Rickford, professor of linguistics; Elisabeth Pate-Cornell, professor and chair of management science and engineering

2

The search process

Identifying appropriate candidates who would add diversity often requires more than standard announcement and recruitment practices. Search committees should engage in outreach efforts that will attract applications from women,

4. Consult with Stanford faculty colleagues (particularly women and minorities) for advice on effective outreach strategies and on potential candidates.

5. Contact colleagues elsewhere for suggestions of promising minority, women and other candidates.

minorities, and others who would add diversity. The search

6. Contact the departmentâ&#x20AC;&#x2122;s former women and minority

committee should give careful attention to these candidates

students and post docs as potential candidates or for

in the evaluation and selection processes.

A. Outreach efforts â&#x20AC;&#x201C; looking in the right places.

1. The diversity officer or the chair of the search commit-

suggestions of other potential candidates.

7. Approach women or minority candidates even if you think they are unavailable, perhaps due to family constraints or a partnerâ&#x20AC;&#x2122;s employment. Assumptions should

tee is encouraged to contact the Faculty Development

be verified through direct inquiry, and these potential

and Diversity Office (725-2376) or the Office of the

candidates should be informed that Stanford offers

Senior Associate Dean for Diversity and Leadership at

programs designed to aid in recruiting such faculty

the School of Medicine (723-2329) for information and

members.

resources to assist with developing a diverse and strong applicant pool.

2. Advertise in specialty journals, organizations and websites such as those targeted to women and minorities.

3. Consult relevant publication lists and databases (such as minority graduate and postdoctoral fellowship holders) to identify potential candidates.

B. Analyzing the applicant pool

National availability pool data in the appropriate field should be reviewed and compared against the applicant pool for the faculty position to determine if additional outreach and advertising efforts may be needed. This information may be provided by the Faculty Development and

Diversity Office (725-2376) or the Office of Diversity and

should also review the short list before approving the

Leadership in the School of Medicine (723-2329). While

selection of those who will interview to ensure that

the diversity of the applicant pool may be difficult to assess

qualified candidates who would bring diversity have

during a search, all search committees should review their

been appropriately considered.

availability and applicant pools and consider additional efforts to encourage applications from diverse candidates.

C. Reading applications and selecting the short list

1. The search committee should discuss selection criteria before reviewing applications. It may be appropriate for the department chair to participate in this discussion.

2. All applications should be read by more than one person to help ensure that the same criteria are applied consistently to all applicants and to minimize the possibility that qualified candidates might be overlooked.

3. Candidates’ applications must be objectively reviewed

D. Interviewing candidates

1. The department chair (or dean) should arrange for an experienced staff person to be responsible for scheduling the visit and all arrangements so that interviewees have a positive experience.

2. All search committee members and as many as practicable of the other faculty who will vote on the appointment should read the candidates’ applications, attend their job talks, and meet with the candidates.

3. All interviewers should be familiar with legal guidelines regarding what questions should be avoided during an interview. See the section on basic interview guidelines

and evaluated based on the candidate’s record. Search

under federal law in this brochure. Consult with the

committee members and others who evaluate a

Office of the General Counsel (723-8122) if there are

candidate’s file should be sensitive to unconscious bias and other influences that are not related to the applicants’ qualifications, but that may, as recent research has

questions.

4. Make sure the candidate spends time with undergraduate and graduate students.

shown, affect how applications and curricula vitae are read.

4. If there are women, minorities or others who would add diversity in the applicant pool who have not been invited to interview, the search committee should review their applications again to ensure they were given full and thoughtful consideration based on the criteria for the position and the applicants’ academic qualifications.

5. To increase the diversity of the interview (“short”) list, consider inviting one or two additional candidates to interview who would add diversity. Consult with the dean’s office about obtaining resources to cover the expenses of inviting these additional interviewees.

6. The search committee diversity officer and the department chair should monitor diversity-related efforts throughout the process, including reviewing the short list before it is finalized. The dean or associate dean

E. Selection of the candidate by the search committee and the department faculty

1. Each applicant should be evaluated based on the criteria established when the faculty position was created.

2. If the department has a candidate evaluation form, be sure it is completed by everyone who interviewed the candidate.

3. If a candidate who would bring diversity to the department, (such as a woman or minority candidate) is identified, who is qualified for the position and would be a good addition to the department, but who may not have been the top candidate, the department chair should explore with the dean the possibility of recruiting this individual, as well as the top candidate, perhaps with the assistance of the Faculty Incentive Fund.

3

3. Questions or concerns raised by a recruit should be reR e c r u i t i n g t h e c a n d i d at e

A. Provide a welcoming, supportive and collegial atmosphere for the faculty recruit.

1. Once the top candidate has been offered the position by the department chair, congratulatory phone calls or messages from other faculty can communicate the enthusiasm of the department and help the candidate feel welcome.

2. If the recruit is from a demographic group or scholarly field that is not well represented in the department or related to other disciplines, meetings should be scheduled during the recruiting visit with faculty outside the department to introduce the prospective faculty member to a broader community of scholars who share background or interests.

3. The department or school should be mindful of possible concerns that underrepresented minority and female

sponded to as quickly as possible. The Faculty Development and Diversity Office is a resource for assistance in responding to recruitsâ&#x20AC;&#x2122; questions.

C. Negotiations with the recruit

1. Ask the candidate early to fully spell out his or her needs â&#x20AC;&#x201C; salary, lab and technical support, start-up funds, housing, spouse/partner career assistance, etc.

2. Negotiations should be carried out in a timely and respectful manner. The department chair or dean should be in frequent communication with the recruit.

3. Request assistance with the recruitment effort from faculty and academic leaders outside the department as necessary.

4

After the search

recruits might have about working at Stanford. Such

A. Communication with candidates

concerns may include family leave, child care and school

1. Finalists not selected should be informed soon after the

options, spouse/partner employment, a sense of isolation, possible excessive work burdens, whether the local communities have desired social/cultural activities.

4. Treat the spouse, partner or significant other well. He or she should be invited on the recruiting visit and given

recruit has accepted the offer.

2. If possible, the department should solicit feedback from finalists about the search process, through either a phone call from the department chair or search committee chair or an evaluation form.

information about resources and offices that may be of

3. Candidates who reject offers to come to Stanford should

interest (such as the WorkLife Office or the dual career

be contacted by the department chair to identify the

services of the Faculty Development and Diversity

reasons for their decision, including feedback about the

Office).

search and recruitment process.

B. Information and resources

B. Documentation of the search process

1. Inform the recruit of University resources: Office

1. The search committee chair should provide a detailed

of Faculty Development and Diversity (723-2376,

description of the search process, including diversity

http://facultydevelopment.stanford.edu); WorkLife

outreach efforts, for the Search and Evaluation Process

Office (723-2660, http://worklife.stanford.edu); Faculty

section of the appointment form.

Housing Office (725-6893, http://fsh.stanford.edu);

2. The search committee chair or the search staff person

Center on Teaching and Learning (723-1326, http://ctl.

should complete the Faculty Applicant Pool Informa-

stanford.edu/).

tion section of the appointment form.

2. Recruits should be informed that the Faculty Develop-

3. Names of minority and women candidates who were

ment and Diversity Office is a source of information

identified by the search committee as promising scholars

and referral concerning employment opportunities for

but who may have needed additional time to develop

spouse/partner, work/life balance issues, child care, and

their research should be noted, kept on file, and notified

information regarding the local community.

of future faculty searches.

5

Basic interview guidelines under Federal law

TOPIC

Q U E S T I O N S T O AV O I D

PERMISSIBLE QUESTIONS

Age

Age, birth date, date of graduation

None

Citizenship

Whether candidate is a U. S. citizen

Whether person is eligible to work

Place of birth

in U. S.

Any question about a candidateâ&#x20AC;&#x2122;s

Questions about how candidate

health, medical condition or illness,

would perform the job and whether

or one that is for the purpose of elicit-

candidate could perform teaching, re-

ing information about a disability

search and other related job functions

Disabilities

with or without accommodation Marital and family status

Questions about marital status, child

May inform candidate that informa-

care, children or pregnancy

tion regarding university family policies and services is available and then refer candidate to appropriate campus resources (Office of Faculty Development & Diversity, WorkLife Office, Faculty Affairs Office)

Race

Any question about individualâ&#x20AC;&#x2122;s race,

None

national origin, ethnicity, or (unless relevant) languages spoken Religion

Questions about religious affiliation

None

For more information, contact the Office of the General Counsel at (650) 723-9611.

Jorge Ruiz de Velasco and Susanna Loeb, who direct the Institute for Research on Education Policy and are professors of education

Advancing and retaining an excellent and diverse faculty Stanford works hard to retain faculty members who bring

respects the contributions of each faculty member. Achiev-

excellence and add diversity (broadly defined) to the

ing the goals of recruitment, retention, and advancement

university. The following retention practices are offered as

requires the involvement and leadership of university

guidelines to assist Stanford schools and departments in

officers, school deans, department chairs, and faculty.

supporting and retaining their faculty. Stanford Univer-

While policies on retention are difficult to formalize, the

sity recognizes that the commitment to increasing faculty

following practices are offered as guidelines to assist schools

diversity does not end upon the appointment of a new fac-

and departments in advancing and retaining a diverse and

ulty member. Advancing and retaining our current faculty,

excellent faculty:

including those who add diversity to our campus, is just as important to enhancing the quality and diversity of our faculty as is recruiting them. It should also be recognized that success â&#x20AC;&#x201C; or the lack of it â&#x20AC;&#x201C; in retaining and promoting outstanding and diverse faculty affects the universityâ&#x20AC;&#x2122;s attractiveness to faculty it wishes to recruit.

Among the factors that contribute to the advancement and retention of faculty is a climate within the department, school, and university as a whole that is collegial, values and supports the professional development of faculty, and

A . R e t e n t i o n s t r at e g i e s

1. The university should continue its current practice of examining data on faculty transactions (i.e., appointments, promotions, and resignations) by gender and race/ethnicity, and, together with the relevant school and department, should continue to make good faith efforts to evaluate and address any apparent race/ethnicity- or gender-associated disparities.

2. The university should continue to periodically assess faculty quality of life through surveys and/or focus groups,

examining results by gender and race/ethnicity and by

nual or bi-annual meetings with their department chair

school, division, and department.

or the dean or his/her designate.

3. Department chairs and deans should be vigilant in iden-

10. The university and schools should periodically provide

tifying potential retention risks, i.e., circumstances and

to faculty information and guidance about benefits and

issues that may lead to the departure of valued faculty,

policies (e.g., policies for new faculty parents, housing

including those who contribute to faculty diversity.

assistance programs, research support, and teaching

4. It should be recognized that faculty from underrepre-

buy-out-opportunities), especially those that either may

sented groups, including minorities and women, may

not always be clear in their application in particular

face special hurdles. They may be overburdened by well-

circumstances or that may be subject to deans’ or chairs’

intentioned invitations to serve on committees and to

discretion.

participate in events and by students’ requests that they

11. Deans and department chairs should be knowledge-

serve as advisors or mentors. At the same time, they

able about the university’s policies concerning leaves,

may feel that they are treated differently, perhaps in-

accommodations for faculty with parenting responsibili-

cluding being left out of informal department activities.

ties, childcare, and maternity or disability-related needs

Department chairs and faculty should be welcoming,

– and the administrative offices and resources with

supportive, and sensitive to the different experiences of

special expertise in those areas to whom faculty can be

faculty from underrepresented groups.

referred.

5. Departments, schools, and the university should provide appropriate support and recognition of individual faculty members. Outstanding performance should be recognized through salary and other forms of compensation, and also, as appropriate, through opportunities for leadership or for initiatives of special interest to the faculty member and the institution.

6. Schools should reward faculty appropriately for their productivity and contributions regardless of their mobility or their interest in pursuing outside offers.

Schools should strive for professors to feel appropriately valued, and to dispel perceptions that outside offers are the only way to gain rewards.

7. Schools should conduct periodic salary reviews so that that faculty compensation levels are merit-based and not associated with attributes such as gender or race/ ethnicity. If disparities or potential inequities are identified, individual cases should be investigated to ensure that salary levels are based on appropriate factors and legitimate, documented academic considerations. If a problem area is identified, appropriate resolution/action should be taken.

8. Similarly, non-salary forms of compensation and support should be monitored periodically for appropriateness and equity.

9. Senior as well as junior faculty should have opportunities to voice concerns and receive feedback through an-

10

B . J u n i o r fa c u lt y c o u n s e l i n g a n d m e n t o r i n g

(For a more detailed discussion of this topic, please read the following section, “Guidelines for junior faculty counseling and mentoring.”)

1. Department chairs or deans or their delegates should confer annually with each junior faculty member to provide counseling, i.e., feedback on his/her performance relative to the standards for reappointment or promotion.

2. During the counseling session with junior faculty, the comparative and predictive aspects of the tenure or promotion decision should be stressed.

3. Schools and departments are expected to have policies and practices for providing mentoring to all junior faculty.

4. It is recommended that junior faculty be assigned mentors who are senior faculty members other than their department chairs. In situations in which the initial mentor assignment is not successful, department chairs or deans should work with the junior faculty member to identify a suitable mentor.

5. Mentors should provide guidance on an ongoing basis and should meet at least annually with their junior faculty mentees.

6. Junior faculty should also be encouraged to seek informal mentors from inside or outside their departments who may share interests and provide additional perspectives.

Junior faculty counseling and mentoring Providing support, guidance, advice and feedback to junior

criteria for reappointment and promotion, as set forth in

faculty is a high priority for Stanford University. There

Appendix B to the Faculty Handbook (available online at

is variation across the university in how this support and

http://facultyhandbook.stanford.edu) and as supplemented

guidance is provided, and the university does not mandate

by the school’s handbook. The comparative and predic-

a particular methodology. However, it is expected that

tive aspects of the tenure/promotion decision should be

counseling and mentoring will occur on a regular basis.

stressed, as should be the fact that tenure/promotion judg-

These guidelines outline the general expectations for the

ments generally cannot be made until the referee letters are

kinds of support, advice and feedback junior faculty should

received as part of the evaluation process. For this reason,

receive. Faculty members with questions in this area should

counseling the junior faculty member that he or she is “on

consult their department chair or dean.

track” to gaining tenure or promotion is inappropriate.

Co u n s e l i n g

Schools vary in viewpoint and practice as to whether there

Counseling, which is the first aspect of guiding junior faculty, entails providing feedback on performance relative to the standards for reappointment and promotion. Department chairs, deans or their delegates for schools without departments, should confer annually with each junior faculty member in their department or school to review his or her performance in light of the criteria for reappoint-

should be a written record of these annual discussions. The university leaves this matter to each school’s discretion.

However, the university does require a written record – the counseling letter – at the time of reappointment, and at the time of promotion to some (but not all) ranks.

The counseling letter provides an opportunity to give

ment or promotion.

candid feedback to a junior faculty member on his or her

Appropriate areas to discuss may include: scholarship qual-

results of this reappointment or promotion review. The

ity and productivity to date; general expectations of the discipline with respect to quantity; form or scholarly venue of publications; expectations, if applicable, about other indicators of recognition such as grant funding; suggestions for the scholarship that may be helpful; teaching quality, quantity, and type to date (including acknowledgment of special efforts in teaching); quality of performance in other academic activities (such as creative works or clinical practice), if applicable; general expectations as to levels of service appropriate for junior faculty (and acknowledgment of special service efforts); and any professional, behavioral

academic performance and progress to date based on the counseling letter provides a vehicle for this feedback, which should be constructive, realistic, and specifically tailored to the candidate and to the standards and criteria he or she will face in a future review or promotion.

The counseling letter is submitted with the recommendation papers. It is expected that the counseling letter submitted with the file will be in draft form. Only after completion of the review process should the counseling letter be finalized and then given to the faculty member.

After receiving the counseling letter, the faculty member

or institutional citizenship issues.

is encouraged to meet with his or her department chair to

These counseling sessions should include direct reference

Department chairs are in turn encouraged to offer such a

to – and discussion of – the university’s and the school’s

discuss in more detail the feedback contained in the letter. meeting, if one is not requested.

11

Finally, although the purpose of the counseling letter is to

teaching and grading strategies and practices, graduate

offer practical guidance to the junior faculty member in

student advising, expectations regarding publications in the

regard to his or her future efforts (such as by pointing out

specific field, expectations for and sources of grant funding,

areas for potential attention or improvement), the candi-

and management of research budgets and personnel.

date should understand that the strategic advice offered is not a prescription for achieving tenure or promotion, but

T h e J u n i o r F a c u lt y M e m b e r ’ s

rather the letter writer’s best judgment based on the results

Responsibility

of this review. As noted more generally below, the ultimate responsibility for career trajectory and success rests with each faculty member himself or herself.

Mentoring

The core purpose of counseling and mentoring is to provide candid and helpful feedback and guidance to the individual. The goal is to provide a supportive atmosphere to assist the junior faculty in succeeding in his or her academic career. However, it should also be recognized and

The second aspect of the guidance to be offered to junior

communicated to the junior faculty member (and it is here

faculty is mentoring, that is, the ongoing advice and sup-

reiterated) that the ultimate responsibility for career trajec-

port regarding the junior faculty member’s scholarship,

tory and success lies with each faculty member himself or

teaching and (where applicable) clinical performance.

herself. Thus it is up to the junior faculty: to respond to in-

Schools are expected to have policies and practices for

vitations to meet with their mentors, department chairs, or

providing mentoring to junior faculty; these vary across the

deans; to request counseling and mentoring sessions if such

university. In general, it is recommended that junior faculty

sessions are not otherwise scheduled for them; to attend in-

be assigned mentors who are senior faculty members but

formation sessions offered to them; and to be familiar with

not department chairs. The mentor should be available to

the policies and procedures concerning reappointment,

provide guidance on an ongoing basis and should meet at

tenure and promotion, in particular those in the Faculty

least annually with the junior faculty member. In situations

Handbook (including the criteria in the forms found in

in which the initial mentor assignment is not successful,

Appendix B) and in school faculty handbooks. Similarly

department chairs or deans should work with the junior

the junior faculty member should understand that a faculty

faculty member to identify a suitable mentor.

mentor’s strategic advice (like the advice contained in the counseling letter written at the time of reappointment) is

Junior faculty should also be encouraged to seek informal

not a prescription for achieving tenure or promotion, but

mentors from inside or outside their department who may

rather a senior colleague’s best judgment, to be accepted or

share interests and provide additional perspectives.

rejected as the junior faculty member chooses. Accordingly, inadequate counseling and mentoring is generally not con-

I n f o r m at i o n S e s s i o n s

Central university offices such as the Vice Provost for Faculty Development and Diversity and the Center on Teaching and Learning provide some general orientation and information sessions for new and junior faculty. However, topics for which practices vary significantly among schools or departments should be discussed with junior faculty locally, by the school and/or department, through information sessions and/or mentoring. These topics might include

12

sidered sufficient grounds for appealing a negative tenure or promotion decision.

Stanford University hires the best and brightest junior faculty and is committed to providing opportunities, resources, and support, including counseling and mentoring, to help them develop into outstanding scholars, teachers, and clinicians. The policies and practices described in these guidelines are intended to assist each faculty member in launching a successful academic career.

Faculty members at Commencement: from left, Harry Elam, professor of drama; Rosemary Knight, professor of geophysics; Harvey Cohen, professor of pediatrics

University resources for faculty recruitment and retention Stanford University provides the following mechanisms to

F a c u lt y I n c e n t i v e F u n d

encourage efforts to recruit and retain candidates who bring

The Faculty Incentive Fund helps make it possible for de-

diversity (broadly defined) to the faculty.

partments and schools to make incremental appointments of qualified individuals who would bring diversity to the

Ta r g e t o f o p p o r t u n i t y

faculty; this can include minority scholars and (in disci-

The faculty appointment process at Stanford normally be-

plines in which they are underrepresented) women schol-

gins with a national (and often international) search for the

ars, as well as others who would bring additional dimen-

best available person who fulfills the needs of the open po-

sions to the university’s research and teaching programs. In

sition. Faculty search committees are required to engage in

some cases these individuals are not in the precise field in

a rigorous effort to identify qualified women and minority

which the department is searching but are in fields that are

candidates. Occasionally a department or school identifies

appropriate for Stanford.

without a search a truly exceptional individual who would greatly enrich its faculty, e.g., by bringing uniquely out-

The need for the fund stems from two aspects of Stanford’s

standing scholarship and/or diversity to the department.

faculty appointments situation. First, the rates of faculty

In such “target of opportunity” cases, a search waiver may

growth and turnover are very low; as a result, the univer-

be requested from the provost. Search waivers for junior

sity has very few openings, which must of necessity be

faculty are granted only in extraordinary circumstances and

defined relatively narrowly in order to fulfill the particu-

in situations with compelling needs.

lar academic needs of the departments and schools with

13

these openings. Second, the distribution of minority and

Gabilan Provost’s Discretionary Fund

women scholars does not map evenly onto the academic

In addition, thanks to an anonymous gift of endow-

disciplines. This means that, particularly with respect to minority scholars, there may be little overlap in any given year between the set of disciplines in which there are hiring opportunities and those in which there are qualified candidates who would increase faculty diversity. The Faculty Incentive Fund resources provided by the provost, together with support supplied by the school, become a tool that facilitates optimum use of the availabilities of scholars who would bring diversity. For more information, contact Faculty Affairs at facultyaffairs@stanford.edu or (650) 723-3622.

C e n t e r f o r c o m p a r at i v e s t u d i e s i n r a c e a n d e t h n i c i t y ’ s F a c u lt y D e v e l o p m e n t I n i t i at i v e

To contribute to Stanford’s ongoing commitment to promoting the comparative study of race and ethnicity and to promoting faculty diversity, the Center for Comparative Studies in Race and Ethnicity (CCSRE), in collaboration with the Provost, recently launched the Faculty Develop-

ment to the university in 2000 that has been named the Gabilan Provost’s Discretionary Fund, there are resources available for the recruitment and retention of faculty in the sciences and engineering, particularly women faculty.

Department chairs and deans work directly with the Provost’s Office to secure these funds. For more information, contact Vice Provost for Faculty Development and Diversity, Patricia Jones at (650) 725-8471. f a c u lt y w o m e n ’ s f o r u m

Following the recommendation of the Provost’s Advisory Committee on the Status of Women Faculty, the Faculty Women’s Forum (FWF) was founded in fall 2004 with support from the Provost’s Office. The FWF provides information and organizes events to promote the success of women faculty. The FWF also offers opportunities for women faculty across the university to discuss shared interests and concerns, including gender-related issues and research. See http://facultywomensforum.stanford.edu.

ment Initiative (FDI). Announced by the Provost in spring 2007, the FDI’s primary goal is to facilitate the appointment of a least ten outstanding new faculty across the University that will help expand the research and teaching mission of the CCSRE as it enters its second decade. Over the next five years the CCSRE’s Faculty Development Initiative will create a collaborative environment where schools and departments will participate in a multifaceted recruitment and appointment project to hire junior and senior faculty in subject areas focusing on issues of race and ethnicity.

The initiative is a collaborative arrangement between the CCSRE, the Office of the Provost (through the Special Assistant to the Provost for Faculty Diversity, Professor Al Camarillo), the Office of the Dean of H&S, and the Office of the Vice Provost for Faculty Development and Diversity.

The FDI wil employ multiple strategies for recruitment and appointment of faculty. An Advisory Group consisting of senior faculty will provide advice and consultation for the initiative. For more information contact Professor Albert Camarillo at (650) 72301966.

14

Albert Camarillo, professor of history

Stanford offices that offer assistance Deans’ Offices

The office assists in faculty recruitment and retention

Each of Stanford’s seven schools is administered by a dean,

to ensure that Stanford has a well-qualified and diverse

who is responsible, both academically and administratively, to the provost. The Office of the Dean within each school generally contains specialists in human resources, faculty affairs and many other university functions.

faculty. The office assists deans, chairs and faculty search committees with outreach efforts in developing talented and diverse applicant pools, and the office serves as a central information resource for all faculty recruits and newly hired faculty in their transition to the Stanford community.

F a c u lt y A f f a i r s

The provost’s Faculty Affairs group advises university leadership on decisions related to faculty and faculty policies and maintains and provides accurate information about faculty matters. Staff members manage appointments and promotions; salary setting, leaves and retirement; faculty personnel files; faculty appeals; policy development and communication; and policy management and exception requests. They also manage data related to faculty, including appointments, demographics, leaves, base salaries, billets, endowed professorships and administrative appointments.

The office works with school deans’ offices, the Advisory Board and the provost to ensure compliance with Board of Trustees and Academic Council policies and to facilitate communication on issues related to the professoriate and other teaching staff. Call (650) 723-3622 or write to facultyaffairs@stanford.edu.

F a c u lt y D e v e l o p m e n t a n d d i v e r s i t y O f f i c e

The Faculty Development & Diversity Office, led by Vice

For deans, chairs and search committees, the Faculty Development & Diversity Office can: • assist in coordinating candidate visits • publicize on-campus job talks • answer questions recruits may have • provide candidate recommendations from women and minority Ph.D. databases • access online links to minority professional organizations and publications For new and prospective faculty members, the Faculty Development & Diversity Office can: • provide information on the local communities • help in seeking spousal or partner employment opportunities • offer referrals to university resources relating to teaching and research • identify ethnic and cultural community centers on and off campus • give information on community services and resources,

Provost for Faculty Development & Diversity, Patricia

including local, public school system, dining and enter-

Jones, and Associate Vice Provost, Jacyn Lewis, supports

tainment

the faculty through a variety of programs and information resources. Included are orientation and informational events, resources for new and junior faculty, workshops for department chairs and deans, and initiatives supporting faculty diversity.

15

Ramon Saldivar, professor and chair of English and of comparative literature, and Paula Moya, associate professor of English

B e n e f i t SU

• Small-group evaluations

BenefitSU, which is part of Human Resources at Stanford, is

• Videotaping classes

staffed by professionals who can answer questions related to health benefits, retirement benefits and such offerings as the tuition grant program. Benefit representatives are available 8 a.m. to 5 p.m., Monday through Friday, to answer questions. BenefitSU also offers an extensive web site with selfservice information and forms at http://benefitsu.stanford.

• Classroom observation • Teaching at Stanford handbook • Departmental or small group workshops, lectures and reading groups • Library of books and videotapes • Teaching orientations

edu/. Send e-mail to benefitsu@stanford.edu.

• Speaking of Teaching newsletters

F a c u lt y Ho u s i n g

• Handouts on teaching

The Office of Faculty Staff Housing administers Stanford’s extensive housing assistance programs for eligible faculty and senior staff. The university offers the Housing Allowance Program, the Mortgage Assistance Program, the Deferred Interest Program and the Residential Ground Lease Program.

Call (650) 725-6893, e-mail FSHousing@stanford.edu or

• Assistance with teaching portfolios • Information on teaching and technology • Oral communication courses Visit the web site at http://ctl.stanford.edu.

Diversity and Access Office

visit the web site at http://fsh.stanford.edu.

The Diversity and Access Office advances the university’s af-

Center for Teaching and Learning

ates an environment in which differences are both welcomed

The Center for Teaching and Learning supports the communication of knowledge and the love of learning by faculty in the classroom. The center promotes excellence in teaching at all ranks and excellence in student learning inside and outside the classroom. Services for faculty members include:

16

firmative action goals and commitment to diversity and creand appreciated. The office ensures university compliance with federal, state and local regulations concerning diversity and disability.

Specifically, the office coordinates and monitors campus compliance with the requirements of the Americans with

Disabilities Act (ADA) and Section 504 of the Rehabilita-

domestic partners and children younger than 21 are also

tion Act. This includes providing guidance and evaluating

eligible. All contacts with the Help Center are confidential.

efforts to improve access to campus facilities and programs,

The center is staffed by licensed clinical social workers,

as well as advising staff, faculty and visitors regarding dis-

marriage and family therapists and psychologists. Call

ability accommodations.

(650) 723-4577 or visit the web at http://www.stanford. edu/dept/ocr/helpcenter/.

Contact the office at (650) 723-0755, (650) 723-1216 TTY or visit the web site at http://www.stanford.edu/dept/ocr/ diversityaccess/index.html.

Wo r k L i f e O f f i c e

D u a l c a r e e r a s s i s ta n c e

The Faculty Development and Diversity Office assists current and prospective faculty with dual career issues.

Contact the office at (650) 736-0384. In addition, Stanford

The WorkLife Office assists faculty, staff and students in

is a founding member of the Northern California Higher

reaching a balance among their work, study, personal and

Education Recruitment Consortium (NorCal HERC), a

family lives. Services include child-care resources and refer-

collaborative of more than 40 Northern California colleges

rals, parent education and consultation, elder care and care-

and universities that jointly list job openings on the Internet.

giving support and strategies for navigating work and life.

HERC is an effective tool in assisting the spouses and

Call (650) 723-2660 or visit http://worklife.stanford.edu.

partners of faculty and staff in securing employment in local institutions of higher education. Visit the searchable web site

Help Center

The Stanford Help Center provides professional, confi-

at http://www.norcalherc.org.

dential, brief counseling to faculty and staff at Stanford,

S e x u a l H a r a s s m e n t Po l i c y O f f i c e

including the hospitals and clinics and the Stanford Linear

The Sexual Harassment Policy Office, under the direction

Accelerator Center. People seek help for such issues as job

of Laraine Zappert, implements the universityâ&#x20AC;&#x2122;s Sexual

stress, relationship issues, parent-child concerns, care of

Harassment Policy, investigates allegations of violations

elderly parents, substance abuse and grief and loss. Spouses,

of the policy and assists schools and departments in understanding issues surrounding sexual harassment in the workplace.

Call the Sexual Harassment Policy Office at (650) 7231583 or visit the web site at http://harass.stanford.edu.

Ombuds offices

Both Stanford University and the Stanford Medical Center have ombuds offices, whose mission is to help protect the interests and rights of members of the Stanford community, assisting with redress of wrongs and resolution of disputes with impartiality and confidentiality. An ombuds works to resolve conflicts and concerns through a nonadversarial approach as an alternative to formal grievance procedures. Contact the university ombuds at (650) 7233682 or via e-mail at ombuds@stanford.edu or the Medical Andy Goldsworthyâ&#x20AC;&#x2122;s Stone River is among the works in the universityâ&#x20AC;&#x2122;s extensive collection of outdoor art.

Center ombuds at (650) 498-5744.

17

Legal considerations in recruitment and retention In our efforts to diversify the faculty, attention must be

Age Discrimination in Employment Act of 1967 (ADEA)

given to the federal and state laws governing employ-

prohibits age discrimination in employment in regards to

ment discrimination. Taken together, these laws in essence

individuals 40 years old or older.

prohibit discrimination in employment on the basis of any of the following characteristics: race, ethnicity, national

Sections 503 and 504 of the Rehabilitation Act of 1973 are

origin, color, ancestry, sex, age, religion, disability, medical

federal civil rights statutes that prohibit federally funded

condition, pregnancy, marital status, sexual orientation,

programs and activities from discriminating against quali-

gender identity and veteran status.

fied persons with disabilities.

The law in the areas of equal opportunity, non-discrimina-

Americans with Disabilities Act (ADA) of 1990 is a federal

tion and affirmative action is evolving and can be complex.

law that gives civil rights protections to individuals with

Below is a very brief summary of some of the laws that are

disabilities by prohibiting discrimination against individu-

operative in these areas. For more information, please

als with disabilities in the areas of employment, state and

contact the Office of the General Counsel on the third

local government services, public accommodations, trans-

floor of Building 170 in the Main Quad or call (650)

portation and telecommunications.

723-9611.

Uniformed Services Employment and Reemployment Rights Equal Pay Act of 1963 protects men and women who

Act (USERRA) of 1994 is intended to minimize the dis-

perform substantially equal work in the same establishment

advantages to an individual that occur when that person

from sex-based wage discrimination.

needs to be absent from his or her civilian employment to serve in the countryâ&#x20AC;&#x2122;s uniformed services.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under

California Fair Employment and Housing Act prohibits dis-

any program or activity from institutions receiving federal

crimination in employment on the basis of race, religion,

financial assistance.

color, national origin, ancestry, physical disability, mental disability, medical condition, age, marital status, sex or

Title VII of the Civil Rights Act of 1964 prohibits discrimi-

sexual orientation.

nation in employment on the basis of race, color, religion, sex or national origin.

Executive Order 11246 requires employers that receive federal contracts to take affirmative action in employment

Title IX of the Education Amendments of 1972 prohibits sex

and not to discriminate based on race, color, religion, sex or

discrimination under any program or activity from institu-

national origin.

tions receiving federal financial assistance.

18

Appendix

19

Diversity & Equal Opportunity at Stanford President’s message on equal opportunity

To be considered world class, an institution like Stanford

The University does not sacrifice job-related standards when

must (among other things) be broadly diverse in its makeup.

it engages in affirmative action. The best-qualified person for

In particular and as noted in Stanford’s recent publica-

a given position must always be hired; that is the essence of

tion Building on Excellence, it must reflect the multi-racial,

equal opportunity. Affirmative action simply asks us to cast

multi-ethnic society and pluralistic democracy that serve

our net more widely to broaden the competition, and to de-

as a foundation for the university. We believe that a diverse

velop innovative personnel management strategies for groups

campus community enriches the educational and scholarly

that have historically been underrepresented in certain roles

environment by bringing varied interests, experiences and

in our society.

perspectives to the teaching, learning and creative activities that constitute our core mission. We also recognize that our

The President and Provost have delegated certain key

prominence brings with it added responsibility, namely, that

responsibilities for the implementation of equal employment

we assume a leadership position here as we do in our other

opportunity and affirmative action programs and practices

pursuits.

to Rosa E. González, Director, Diversity & Access Office (650/723-0755). Effective action, however, requires the

To encourage such diversity, we prohibit discrimination and

personal involvement of all members of the Stanford com-

harassment and provide equal opportunity for all employees

munity. In particular, academic administrators, managers,

and applicants for employment regardless of race, color, reli-

and supervisors must individually invest time and effort to

gious creed, national origin, ancestry, sex (including gender,

accomplish our institutional objectives.

as defined under the California Fair Employment and Housing Act), sexual orientation, veteran status, marital status,

While it is true that we have made much progress, there

age, disability, medical condition, or any other trait or status

are still areas that require our attention. The distribution of

protected by applicable law. Furthermore, it is the Univer-

women and minorities among the ranks of the professoriate,

sity’s policy that there shall be no discrimination or retalia-

in senior administrative positions, and in a number of other

tion against employees who raise issues of discrimination or

areas is far from ideal. Continued dedication and attention

potential discrimination, who participate in the investigation

by the members of our community is called for, particularly

of such issues, or who request or take family leave pursuant

in the face of low representation of women and minorities in

to the California Family Rights Act (CFRA) or the federal

certain availability pools.

Family and Medical Leave Act of 1993 (FMLA).

Stanford University, therefore, reaffirms its commitment to As I have stated in the past, however, a simple policy of

diversity and affirmative action, as well as to equal opportu-

equal employment opportunity may not suffice to attract

nity. Our educational and scholarly purposes will be served

a diverse applicant pool to our campus. Some barriers are

best if the country’s demographic diversity finds a presence

built into our society, and require the more active responses

on campus, and we thereby reflect the full range and the full

characteristic of affirmative action for locating and recruit-

capacity of this society.

ing applicants. Hiring decisions that appear to have been reached neutrally may in fact be discriminatory if the appli-

Stanford will update and reaffirm this Statement annually.

cant process is not accessible to women and minority group members.

John Hennessy, President March 2007

Appendix

Equal Employment Opportunity and Affirmative Action Policy and Policy of Equitable Compensation Administrative Guide Memo 23

1

Equal Employment Opportunity a n d A f f i r m at i v e A c t i o n Po l i c y

A. Equal Employment Opportunity — It is the policy of Stanford University to provide equal employment opportunities for all applicants and employees in compliance with all applicable laws. This policy applies in all aspects of the employment relationship including (but not limited to) recruiting, selection, placement, supervision, working conditions, compensation, training, promotion, demotion, transfer, layoff, and termination. All University personnel policies, procedures, and practices must be administered consistent with the intent of this basic policy.

B. Non-discrimination — i. Stanford University does not discriminate on the basis of gender, race, age, color, disability, religion, sexual orientation, national or ethnic origin, veteran status, or

C. Affirmative Action — As a matter of institutional policy and consistent with its obligation as a federal government contractor, Stanford University is committed to principles of diversity and affirmative action, and will comply with all affirmative action requirements in accordance with law.

D. Non-retaliation — Stanford University policy prohibits retaliation against individuals who raise concerns of perceived discrimination or harassment or who participate in the investigation of any claim of discrimination or harassment. Retaliation is an adverse action taken against an individual because that individual has made a good faith complaint of discrimination or harassment or has participated in the investigation of a claim of discrimination or harassment. An adverse action is any action that materially affects that individual’s terms and conditions of employment.

any other characteristic protected by law, in connection with any aspect of employment at Stanford. ii. Harassment on the basis of any legally protected characteristic is a form of discrimination and is likewise prohibited by this University policy. Prohibited harassment occurs if a hostile environment has been created that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with a person’s work performance or participation in University activities. Prohibited harassment may take the form of (but is not limited to) offensive slurs, jokes, and other offensive oral, written, computer-generated, visual or physical conduct which is aimed at an individual or group because of their protected status.

The Stanford foothills

Appendix iiii

Failure to participate and/or cooperate in an investigation when requested is grounds for discipline.

Depending upon an individual’s category of employment (e.g., faculty, academic staff, regular staff, postdoctoral scholar, etc.) and the nature of the complaint, applicable grievance or other procedures may be used: http://hrweb.stanford.edu/elr/policies/list_grievance_ procedures.html. The University Ombuds (at 650/7233682) and School of Medicine Ombuds (at 650/4985744) are also available as confidential resources to discuss concerns. Anonymous concerns can be made to the Compliance Hotline.

F. External Reporting — Discrimination, harassment, and retaliation is prohibited by state and federal law.

E. Complaint procedure — Employees or applicants who believe they have been discriminated against, harassed, or retaliated against in violation of this policy may direct their complaint to their supervisor, to the Director of Employee & Labor Relations (at 650/723-1743), to the Director of the Office of Diversity and Access (at 650/725-0326), to the Associate Provost for Faculty Affairs (at 650/725-2545), to the School of Medicine Office of Employee Relations (at 650/725-8607), or to the SLAC Manager of Employee Relations and Training (at 650/926-2358). In regard to sexual harassment, employees are referred to Administrative Guide Memo 23.2 and the resources listed there. Reports of discrimination, harassment, or retaliation should be made in writing and as soon as possible: the earlier the report, the easier it is to investigate and take appropriate remedial action.

In addition to the internal resources described above, individuals may pursue complaints directly with the government agencies that deal with unlawful harassment, discrimination, and retaliation claims, e.g., the U.S. Equal Employment Opportunity Commission (EEOC), the State of California Department of Fair Employment and Housing (DFEH), and/or the U.S. Department of Education’s Office for Civil Rights (OCR). These agencies are listed in the Government section of the telephone book. A violation of this policy may exist even where the conduct in question does not violate the law.

2

Po l i c y o f E q u i ta b l e Co m p e n s at i o n

A. Compensation for Work Performed — It is the policy of Stanford University to pay salaries and wages that eq-

Making a false report or providing false information

uitably reflect the duties, responsibilities, value, amount,

may be grounds for discipline in the absence of a good

and quality of the work performed by an employee in

faith belief that the report/information is true.

comparison with other University employees, regardless of the sources of funds.

The University is committed to investigating and reme-

B. Compensation Practices — It is the intention of the

diating claims of discrimination, harassment and retali-

University to set salary scales that are competitive with

ation. All individuals covered by this policy are expected

those of other employers for similar work under similar

to fully participate and cooperate in the investigation of

working conditions insofar as it is within the financial

any claim of discrimination, harassment, or retaliation.

ability of the University to do so.

Appendix iii iii

Gender Equity in Academic Science and Engineering

Following a meeting at the Massachusetts Institute of Technology in January 2001, Stanford President John Hennessy and leaders of eight other research universities issued the following

3

A profession, and institutions, in which individuals with family responsibilities are not disadvantaged.

joint statement. In it, they agree to work toward gender equity

We recognize that this challenge will require significant

for women faculty in science and engineering.

review of, and potentially significant change in, the procedures within each university, and the scientific and

Institutions of higher education have an obligation, both

engineering establishment as a whole.

for themselves and for the nation, to fully develop and utilize all the creative talent available. We recognize that

We will reconvene to share the specific initiatives we have

barriers still exist to the full participation of women in sci-

undertaken to achieve these objectives.

ence and engineering. To address this issue, we have agreed to work within our institutions toward:

1

A faculty whose diversity reflects that of the students we educate. This goal will be pursued in part by moni-

toring data and sharing results annually.

2

Equity for, and full participation by, women faculty.

This goal will be pursued in part by periodic analysis

of data concerning compensation and the distribution of resources to faculty. Senior women faculty should be significantly involved in this analysis.

Patricia Burchat, professor and chair of physics

Appendix ii v

Joint Statement by the Nine Presidents on Gender Equity in Higher Education

December 6, 2005 In 2001, we came together as a group to state publicly that

acknowledge that there are still significant steps to be taken

â&#x20AC;&#x153;[i]nstitutions of higher education have an obligation, both

toward making academic careers compatible with family

for themselves and for the nation, to develop and utilize

caregiving responsibilities.

fully all the creative talent available.â&#x20AC;? That statement, which we reaffirm today, recognizes that barriers still exist

Our goal as research universities is to create conditions in

to the full participation of women, not only in science and

which all faculty are capable of the highest level of academ-

engineering, but also in academic fields throughout higher

ic achievement. Continuing to develop academic personnel

education.

policies, institutional resources, and a culture that supports family commitments is therefore essential for maximizing

In the summer of 2005, representatives from our nine

the productivity of our faculty.

universities convened to share best practices and specific initiatives addressing faculty with family responsibilities.

The future excellence of our institutions depends on our

While considerable progress has been made since 2001, we

ability to provide equitable and productive career paths for all faculty.

David Baltimore, California Institute of Technology Lawrence H. Summers, Harvard University Susan Hockfield, Massachusetts Institute of Technology Shirley M. Tilghman, Princeton University John Hennessy, Stanford University Robert Birgeneau, University of California, Berkeley Mary Sue Coleman, University of Michigan Amy Gutmann, University of Pennsylvania Richard C. Levin, Yale University

Patricia Jones, professor of biology and vice provost for Faculty Development and Diversity, and student, Michael Hughes

Appendix

Look to Future of Women in Science and Engineering

This opinion piece by John Hennessy, Susan Hockfield

As the representation of women increases in every other

and Shirley Tilghman appeared in the Boston Globe

profession in this country, if their representation in science

on Feb. 12, 2005.

and engineering does not change, these fields will look increasingly anachronistic, less attractive and will be less

Harvard President Lawrence Summers’ recent comments

strong. The nation cannot afford to lose ground in these

about possible causes of the underrepresentation of women

areas, which not only fuel the economy but also play a key

in science and engineering have generated extensive debate

role in solving critical societal problems in human health

and discussion – much of which has had the untoward

and the environment.

effect of shifting the focus of the debate to history rather than to the future.

Much has already been learned from research in the classroom and from recent experience on our campuses about

The question we must ask as a society is not “Can women

how we can encourage top performance from our students.

excel in math, science and engineering?” – Marie Curie

For example, recent research shows that different teaching

exploded that myth a century ago – but “How can we

methods can lead to comparable performance for males

encourage more women with exceptional abilities to pursue

and females in high school mathematics. One of the most

careers in these fields?” Extensive research on the abilities

important and effective actions we can take is to ensure

and representation of males and females in science and

that women have teachers who believe in them and strong,

mathematics has identified the need to address important

positive mentors, male and female, at every stage of their

cultural and societal factors. Speculation that “innate dif-

educational journey – both to affirm and to develop their

ferences” may be a significant cause of underrepresentation

talents. Low expectations of women can be as destruc-

by women in science and engineering may rejuvenate old

tive as overt discrimination and may help to explain the

myths and reinforce negative stereotypes and biases.

disproportionate rate of attrition that occurs among female students as they proceed through the academic pipeline.

Why is this so important? Our nation faces increasing competition from abroad in technological innovation, the

Colleges and universities must develop a culture, as well

most powerful driver of our economy, while the academic

as specific policies, that enable women with children to

performance of our school-age students in math and science

strike a sustainable balance between workplace and home.

lags behind many countries. Against this backdrop, it is

Of course, achieving such a balance is a challenge in many

imperative that we tap the talent and perspectives of both

highly demanding careers. As a society we must develop

the male and female halves of our population. Until women

methods for assessing productivity and potential that take

can feel as much at home in math, science and engineering

into account the long-term potential of an individual and

as men, our nation will be considerably less than the sum of

encourage greater harmony between the cycle of work and

its parts. If we do not draw on the entire talent pool that is

the cycle of life – so that both women and men may better

capable of making a contribution to science, the enterprise

excel in the careers of their choice.

will inevitably be underperforming its potential.

Appendix vv i

Alexandria Boehm, assistant professor of civil and environmental engineering

Although we have a very long way to travel in terms of re-

These figures demonstrate the expanding presence of

cruiting, retaining and promoting women faculty in scien-

women in disciplines that have not, historically, been

tific and engineering fields, we can also point to significant

friendly to them. It is a matter of vital concern, not only

progress. According to the National Science Foundation,

to the academy but also to society at large, that the future

almost no doctoral degrees in engineering were awarded to

holds even greater opportunities for them.

women in 1966 (0.3 percent), in contrast to 16.9 percent in 2001. And in the biological and agricultural sciences,

John Hennessy is a computer scientist and president of

the number of doctorates earned by women rose from 12

Stanford University; Susan Hockfield is a neuroscientist

percent to 43.5 percent between 1966 and 2001. Our three

and president of the Massachusetts Institute of Technology;

campuses, and many others, are home to growing numbers

and Shirley Tilghman is a molecular geneticist and

of women who have demonstrated not only extraordinary

president of Princeton University.

innate ability but the kinds of creativity, determination, perceptiveness and hard work that are prerequisites for success in science and engineering, as in many other fields.

Appendix vii vii

Report of the Provost’s Advisory Committee on the Status of Women Faculty

Executive Summary, May 27, 2004. The full report with

revealed a wide range of gender-related initiatives and

appendices can be accessed at http://www.stanford.edu/dept/

significant recent progress in increasing women’s represen-

provost/womenfacultyreport/.

tation in faculty and leadership positions. The committee has also collected the first comprehensive university data in

Background of the Report

Over the past quarter century, Stanford University has made substantial progress in increasing the representation of women in faculty and leadership positions and in improving the climate for women on campus. However, ensuring gender equity in the academic workplace remains a challenge for higher education in general and Stanford in particular. To assess the university’s progress on these issues, in 2001 Stanford’s Provost, John Etchemendy, appointed a Provost’s Advisory Committee on the Status of Women Faculty (PACSWF). His charge to the committee was to

three areas. A Subcommittee on Recruitment and Retention obtained information from each school concerning formal and informal practices related to search committees and retention efforts. A Subcommittee on Compensation, Resources and Recognition compiled detailed quantitative data on non-salary forms of compensation and support such as research accounts and laboratory space. A Subcommittee on Quality of Life designed a questionnaire for all faculty concerning issues such as professional satisfaction, workload, academic climate, discrimination, harassment and work/family concerns.

consider how Stanford University can enhance its ongoing efforts to increase the representation of women in the professoriate and to address the professional well-being and success of women faculty.

The creation of this committee was part of a series of initiatives under the leadership of President John Hennessy and Provost John Etchemendy to promote diversity and to address the factors that have historically disadvantaged female faculty. Appointment of this committee followed a conference, in January 2001, of the presidents of nine leading research universities, including Stanford, to address gender equity for female faculty in science and engineering.

The university presidents who attended the joint conference pledged to evaluate their own university’s progress on this issue and to share their findings.

Over the past three years, Stanford’s committee has

Caroline M. Hoxby, professor of economics

conducted an extensive review of university policies and practices concerning women faculty. That review has

Appendix vv ii i i

In order to facilitate sharing of information regarding

rental allowances exhibit no gender disparities in most of the

gender equity initiatives at other colleges and universities, a

schools. On the other hand, disparities of varying magni-

web site database was created by the Robert Crown Law Li-

tude appear in a number of categories in several schools,

brary. That site, http://universitywomen.stanford.edu, now

although there is no distinctive pattern by category or by

includes links to policies, reports and resources relating to

school. Some, but not all, of the gender differences appear

women faculty throughout the nation, as well as links to

to be statistically significant. For example, in a small number

other materials and web sites. This review of other universi-

of schools or divisions, men on average receive higher initial

tiesâ&#x20AC;&#x2122; practices and initiatives helped to inform PACSWFâ&#x20AC;&#x2122;s

offer salaries than women and larger start-up funds, although

own recommendation, set forth below.

this may reflect the different seniority levels at which male and female faculty are hired. In a number of instances where

M a jo r F i n d i n g s

no statistical significance appeared, the apparent disparity

Recruitment and Retention

seems attributable to the presence of a few male high-outli-

University policy requires all faculty searches to engage in affirmative action to increase the diversity of applicant pools. However, practices concerning the composition and procedures of search committees vary widely across the schools. Some, but not all, schools reported efforts to ensure diversity in committee membership and to reopen searches that had not produced a sufficiently diverse candidate pool. Practices regarding retention also varied, particularly concerning how the school responded to outside offers.

Compensation, Resources and Recognition

ers, or to the simple fact of small numbers of women â&#x20AC;&#x201C; especially as new senior hires in certain schools or fields.

But even where no statistical significance emerges, several major concerns remain. The first is that the overall pattern of difference is unidirectional. Where disparities occur, virtually all involve men receiving higher compensation or support than women. This pattern suggests that additional individualized analysis is necessary to determine whether there is a reason unrelated to gender, such as seniority, subfield or research needs. A related concern is that irrespective of the merits of particular cases, in circumstances where all of the most highly compensated faculty are male, that

Since the late 1990s, the university has systematically

general pattern may unintentionally reflect and perpetuate

reviewed base salary information to identify any apparent

gender stereotypes.

gender inequities and to take appropriate corrective action.

The committee therefore found it unnecessary to address this issue, and focused its attention on other forms of compensation and support. To that end, it obtained detailed information from each school concerning: offer salaries, start-up offers, research accounts, laboratory space and moving-rental allowances. The committee also analyzed the more limited data available concerning summer salaries, retention packages and special arrangements regarding teaching loads and housing subsidies.

Taken as a whole, the findings reflect a mixed and complicated picture. In a number of categories, the data reveal no significant disparities by gender. For example, initial offer salaries, start-up funds, laboratory space and moving and

iAppendix x ix

Quality of Life

After reviewing studies by several other universities, the subcommittee developed a survey for all faculty focusing on the following major areas: academic workload, perceptions of workplace climate and opportunities, work/family conflicts, spouse/partner opportunities and overall satisfaction. The response rate for this survey was 49% (839 completions out of 1,717 faculty) and respondents were sufficiently representative of the faculty population across categories such as gender, race, ethnicity, rank and school.

Three broad conclusions stand out from this analysis of gender and the quality of faculty life at Stanford. One

Zhenan Bao, associate professor of chemical engineering

involves the similarities between womenâ&#x20AC;&#x2122;s and menâ&#x20AC;&#x2122;s experience. For the faculty as a whole, there are no significant

The third key finding involves the significant differences

gender differences in measures of their overall satisfaction.

in general satisfaction and workplace experiences among

For both women and men, work climate and sense of

women faculty depending on their rank, ethnicity and

inclusion are two of the major factors affecting faculty as-

school or division within the university. Female faculty

sessment of their professional life. Male and female faculty

in the Social Sciences and Clinical Sciences expressed a

also agree on what they consider the most positive aspects

lower level of general satisfaction than male faculty in these

of the Stanford environment: the quality of students and

divisions. By contrast, women in Natural Sciences and En-

colleagues, and the Bay Area location. Women and men

gineering are as satisfied as their male colleagues, reflecting

similarly pointed to the same negative aspects of the Stan-

similar perceptions of their work climate, sense of inclu-

ford experience, primarily the financial stresses associated

sion, pay equity and workload reasonableness.

with living in the Bay Area.

In general, the picture for women at Stanford is a positive one, A second key finding is that female faculty generally had

and faculty satisfaction rates are similar to most of those avail-

more concerns about quality of life than their male colleagues.

able from other peer institutions. However, the survey also

Women generally rated their work climate less favorably than

identified areas requiring attention from the universityâ&#x20AC;&#x2122;s cen-

men, were less likely to feel included and valued, and were

tral administration and from its schools and departments that

more likely to report perceptions of gender discrimination.

serve as the basis of detailed committee recommendations.

Women also experienced greater workload pressure, especially related to advising and mentoring, and this experience was particularly pronounced among women of color. So too, female faculty were more likely than their male colleagues to report work/family stress, and were particularly concerned about the availability and affordability of quality child care.

I m p l i c at i o n s o f t h e F i n d i n g s

In recent years, Stanford has made impressive progress in increasing the representation and advancement of women faculty and in addressing issues of gender equity. Yet

Appendix

despite such progress, significant concerns remain. None

Recruitment Practices

are unique to Stanford, but they all suggest a need for

Search committee chairs, department chairs, deans and

ongoing attention and further initiatives. Taken together, the committee’s findings underscore several key issues: the low representation of women, particularly women of color, in certain fields and among the most highly rewarded full professors; the frequency of perceived disadvantages due to gender; the lack of inclusiveness and undervaluation of women’s contributions in certain disciplines and schools; and the difficulties of reconciling personal and professional needs, compounded by financial pressures and inadequate child care options.

R e c o m m e n d at i o n s

the Provost’s Office should all assume responsibility for ensuring a diverse search committee and candidate pool.

Special outreach efforts and targeted funds should be used to increase appointments of women in departments and divisions where they are underrepresented. More systematic information should be collected concerning the composition of candidate pools, the gender ratios of offers and acceptances, and the reasons for unsuccessful recruitment and retention efforts. Attention should be given to the adequacy of hiring packages in areas that pose special concerns for women, such as child care, spouse/partner employment, family leave and reduced schedules.

The findings of the committee lead to recommendations in key areas concerning recruitment and retention practices;

Retention Strategies

compensation, resources and recognition; and faculty

Although policies on retention are difficult to formalize,

quality of life.

schools should devise explicit strategies for providing adequate individual support and recognition, and for ensuring some measure of horizontal equity among faculty. The university also should take steps to dispel perceptions that outside offers are the only way to gain appropriate rewards.

Faculty should be appropriately rewarded for their productivity and contributions regardless of their mobility or their interest in pursuing outside offers. Yearly meetings between the chair or the dean and individual faculty members are advisable so that faculty members can voice concerns and receive appropriate feedback.

Compensation and Support

The provost and deans should monitor salary and nonsalary forms of compensation and support to ensure appropriateness and equity. The schools should, as part of their standard record keeping, establish databases for Patricia Gumport, professor of education and vice provost for Graduate Education

information on non-salary compensation and support. The Provost’s Office should assemble this information in centralized tables, graphs and summaries, and should evaluate it on a regular basis.

xAppendix i xi

The areas of potential gender disparity noted by the committee should be further analyzed in conjunction with the schools to determine whether appropriate individualized factors explain the apparent differences. This review should include not only differences that appear statistically significant, but also other disparities that may reflect the presence of high outliers. Base salary and other forms of support and compensation should be examined to ensure that Stanford is not unnecessarily or improperly reacting to external offers, and that overall compensation and support is awarded on the basis of need and merit.

Academic Climate, Work-Family Policies and Related Issues

The Provost’s Office, the deans and other appropriate administration officials and faculty committees should undertake further inquiry and initiatives regarding concerns raised by the Quality of Life survey results, including experiences of harassment and discrimination that do not result

From left, Ian Morris, professor of classics; Jennifer Trimble, associate professor of classics; and Stpehen Haber, professor of political science

in formal complaints. The Provost’s Office should provide administrative and financial support for a Faculty Women’s Forum that would offer opportunities for women across the

these policies should be monitored to ensure that options

university to discuss shared interests and concerns, includ-

available in principle are not discouraged in practice.

ing gender-related issues and research.

Accountability, Research and Analysis

The university should improve its child-care options. Additional information should be collected to identify strategies for dealing with access, affordability, quality, schedules and coverage for emergencies and school breaks. The Provost’s Office should establish and publicize a dependent-care fund to subsidize temporary child-care expenses for travel related to research, conferences and related professional development needs.

The university should also reassess the adequacy of its policies concerning family leave, reduced teaching and clinical load and tenure clock extension. The implementation of

The university should continue to have a faculty panel and senior-level administrative position that focus on gender equity concerns. Data should be collected on a regular basis regarding gender equity and quality of life. The university should also encourage and participate in collaborative research with other institutions to gain better understanding of gender equity challenges and responses. Efforts should be made to assess the relative effectiveness of particular gender equity strategies (e.g., reduced workloads and extended family leaves, formal mentoring programs, and diversity and harassment training).

Appendix xx i i

Building on Excellence is produced by the Office of the Provost, Stanford University.

For additional copies, call (650) 736-0384.

Published February 2008 Photography: by Linda A. Cicero, courtesy of the Stanford News Service, for all images except upper left archway and mandala images on front cover. The credit for the upper right image of the archway and mandala image in the center of the collage go to photographer Morly Baer, courtesy of Stanford University Archives.

xiii

xv

5

6