515.1 Purpose

To outline policies for employing personnel in the Office of the Commissioner of Higher Education.

515.2 Approval

Board of Higher Education approval: September 30, 2010. Revised: January 12, 2011; June 8, 2016; September 13, 2017.

515.3 Definitions

3.1 Salaried Personnel: Persons employed part-time or full-time in positions expected to last for an indefinite period, and other specific groups of persons designated by the Commissioner as holding salaried positions.

3.2 Probationary Personnel: Employees who have not completed the required probationary period as defined in Policy 511.

3.3 Temporary Personnel: Persons employed in part-time or full-time positions which do not meet the criteria identified above. This category includes “time-limited” positions which are based upon temporary resources such as grants, one-time funds, etc. and are available for a pre-determined time.

3.4 Hourly Positions: Persons employed in non-salaried positions who work a predetermined number of hours per week. Compensation of hourly employees is based on an hourly rate and not an annual salary.

515.4 Policy

4.1 Equal Employment Opportunity: The Office of the Commissioner is fully committed to policies of equal opportunity and nondiscrimination. Accordingly, the Office pursues a vigorous program of affirmative action in all its classifications of employment in order to prevent any form of discrimination, harassment, or prejudicial treatment on the basis of race, color, religion, national origin, sex, childbirth, pregnancy, pregnancy-related condition, age, disability, or status as a disabled veteran, or otherwise as provided by law.

4.2 Administrative Responsibilities: It is the responsibility of all administrative officers of the Office of the Commissioner to make decisions on staff employment matters in accordance with the policies of the Office of the Commissioner as approved by the Board of Higher Education.

4.3 Salaried Personnel: Vacancies in salaried personnel positions must be posted for a minimum of seven calendar days. This time begins the day the position is posted on the USHE website. The posting time is designed to give equal opportunity to all candidates.

4.3.1 A list of all qualified applicants will be prepared by the Commissioner or designee and presented to the USHE officer responsible for hiring.

4.3.2 Reference checks will be made by the USHE officer responsible for hiring, or his or her designee.

4.3.3 Non-selected applicants will be notified by the Commissioner or USHE officer responsible for hiring, unless the Commissioner directs otherwise.

4.4 Advertising of Positions: The Office of the Commissioner will advertise job information by posting a listing on the USHE website, in various locations at the office, the community, electronic media, and other appropriate locations. Additional advertising may be done at the discretion of the Commissioner.

4.5 Exceptions to Posting of Job Opportunities: The following are exceptions to the requirement to post job opportunities:

4.5.1 Intra-office Transfer/Promotion: Candidates for the filling of vacancies may be limited to current salaried employees of the Office of the Commissioner if notice of the vacancy has been posted internally in a reasonably visible and timely manner. If a suitable, qualified replacement is found within the office, the position need not be advertised or posted outside the office.

4.5.2 Hourly to Salaried: Posting is not required when a position is changed from hourly to salaried within the office if:

(a) The position for which the hourly employee was originally hired was listed and filled through approved procedures; and

(b) The new salaried position is logically relevant to that of the original assignment.

4.5.3 Waiver: In exceptional situations, the Commissioner may, by written memorandum, waive the posting requirement.

4.6 Promotions and Transfers: It is the policy of the Office of the Commissioner to promote from within whenever feasible, and for this purpose preference will be given qualified Office of the Commissioner employees when filling vacancies.

4.7 Recruitment Actions: All recruiting actions must be in conformity with applicable Office of the Commissioner policies, including equal employment opportunity policy.

4.8 Background Checks: Selected applicants will receive a full criminal background check prior to final approval for employment.