Affirmative Action and Workplace Compliance

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P1010031

OFFICE OF AFFIRMATIVE ACTION AND WORKPLACE COMPLIANCE

Hours:
Monday – Friday 8:30a.m. – 4:30p.m

Office: Birch Mansion, Room 215

Kersaint Saint Fleur
Program Assistant
E-mail: ksaintfl@ramapo.edu
Office: M-215
Phone: (201) 684-7540

The Office of Affirmative Action and Workplace Compliance investigates discrimination complaints, sexual harassment, workplace harassment, and violations of the American with Disabilities Act (ADA); helps to ensure awareness of the College’s position on diversity, equal employment opportunity, affirmative action and discrimination by coordinating diversity awareness and sexual harassment workshops to staff and faculty; monitors the recruitment and search process for faculty and professional staff positions.

INQUIRES May be directed to the FOLLOWING:

Title IX/Sex Discrimination

Kat McGee J.D., Title IX Coordinator 
E-mail: kmcgee@ramapo.edu
Office: C-214
Phone: (201) 684-7136

Equal Employment Opportunity

Aaron Sanders, M.A., M.P.A., Lead EEO Investigator
E-mail: asanders3@ramapo.edu
Office: Birch Mansion, Room 208
Phone: (201) 684-7540

Americans with Disabilities Act

Jill Brown, M.A., ADA Compliance Officer
E-mail: jcbrown@ramapo.edu
Office: D-114
Phone: (201) 684-7502

 

Title IX Coordinator

Who is the College’s Title IX Coordinator?

Kat McGee
Assistant Director of the Center for Student Involvement and Coordinator of the Women’s Center
Office: C-214
(201) 684-7136
kmcgee@ramapo.edu

What is Title IX?  Title IX is a portion of the Educational Amendments of 1972 (and its implementing regulation at 34 C.F.R. Part 106).  Title IX is a federal law which provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.  Ramapo College of New Jersey does not deny or restrict a student or employee from participating in a program on the basis of sex or gender.

Title IX applies to students, staff, faculty, visitors (including children) and business vendors at the College, and to sex discrimination or sexual violence which occurs on campus, at College-sponsored events and programs held off-campus; or that may adversely affect the educational environment for members of the College.  Sexual violence includes sexual assault, dating violence, domestic violence, and stalking.

“Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. (2011, Department of Education, Dear Colleague Letter, page 3).”

What does the Title IX Coordinator do? The Coordinator ensures the College’s compliance with Title IX, oversees grievance procedures, investigates complaints, and issues a disposition (and makes sure that investigatory outcomes are released to all parties).  The Coordinator helps to ensure that the students, staff, administrators, and faculty are trained and educated about Title IX (sexual harassment/sexual violence).  The Coordinator is a neutral-party fact finder and ensures a fair process for all parties.  The Coordinator reports to the President.  By March 1st, of each calendar year, the Coordinator prepares an annual report (sans information that identifies individuals) to the President and the Board of Trustees concerning reported incidents of sexual harassment.

Does Title IX only apply to women?  No, Title IX protects both men and women, regardless of sexual orientation or gender identification.

Examples of sex-based discrimination (applies to those who have experienced or have witnessed discrimination/harassment):

  1. Sexual harassment (including stalking and cyber-harassment);
  2. Sexual violence (such as rape, sexual assault, sexual battery, domestic violence, dating violence and sexual coercion) including occurring in connection with any academic, athletic, extracurricular, co-curricular, or any other college program (irrespective of the program’s location);
  3. Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature;
  4. Decisions made by a member of the faculty or staff (such as grading) that are based on the student’s sex or gender;
  5. Failure to provide equal opportunity for participation in athletics, sports, and recreation.

What role does the College have in addressing sexual harassment and sexual violence?  The College must respond promptly and effectively to all allegations.  If the College knows, or reasonably should know about sexual harassment or sexual violence, the College is required to take prompt action in order to stop the actions and prevent a recurrence.   Simply stated, if the College is aware of an allegation, the College must take immediate actions – even if the individual reporting the matter has requested that the College not take any action.

Who is required to report sex discrimination or sexual violence to the Title IX Coordinator? As clarified by the Montana Resolution Agreement between the Office of Civil Rights and the Department of Justice (May, 2013), responsible employees (except for health-care professionals and any other individuals who are statutorily prohibited from reporting) are required to report incidents of sex-based harassment or sexual violence that they are aware of that they are aware of, regardless of whether the victim or informant has requested confidentiality.  It is mandatory that every College employee inform the Title IX Coordinator within 24 hours of witnessing or receiving information about an incident where Title IX may apply.

So, I filed a complaint, now what?  The Title IX Coordinator will launch a fair, prompt, and impartial investigation.  The investigation will determine whether a violation of Title IX or another College nondiscrimination policy did (or did not) take place.

If I am the victim of sexual harassment or sexual violence, can my identity be kept confidential while my complaint is investigated?  Yes.  The College is obliged to investigate every complaint.  If a witness asks that his or her name or other identifiable information not be revealed to the Accused, the College will evaluate that request in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all students, and will endeavor to maintain confidentiality in that context.  However, where the Complainant insists upon confidentiality, the College may be unable to take disciplinary action against the Accused based upon the investigation.  Any accused student or employee has legal rights during a College disciplinary procedure, including the right to know the identity of the witnesses and the right to be present at the hearing.  A victim of sexual violence, who testifies at a College disciplinary hearing, may be afforded protection during testimony, such as testifying via conference via call or Skype from a separate location.  Whether or not the College institutes disciplinary action, Title IX requires that the College take reasonable steps to protect the Complainant from the Accused, and take effective action to limit the effects of the alleged sex discrimination or sexual violence and prevent its recurrence in the educational environment.

If I am a victim of sex discrimination under Title IX, can the College require my participation in an informal dispute resolution meeting (such as a mediation) with the Accused?  No.  Federal guidance under Title IX prohibits the College from asking or requiring any victim of sexual assault to participate in any informal dispute resolution or mediation with the Accused.  A student who complains of sexual harassment or sex discrimination (but not alleging sexual assault) may voluntarily agree to participate in mediation with the Accused, but only if the mediation meeting is conducted by a trained counselor, mediator or other representative of the College.

Are victims of sexual assault and domestic violence afforded special protection and support services when filing complaints with the College?  Yes.  In addition to Title IX, federal and state laws and College policies provide special rights, protections and support to campus victims of sexual assault and/or domestic violence.

Sexual Assault Victim’s Bill of Rights (located in the Student Handbook):
http://www.ramapo.edu/student-conduct/

Center for Health and Counseling Services:
http://www.ramapo.edu/chcs/

Women’s Center:
http://www.ramapo.edu/womenscenter/

Notice of Non-Discrimination

NOTICE OF NON-DISCRIMINATION

The College is committed to maintaining an environment free from harassment and discrimination for everyone and does not discriminate on the basis of race , sex, national origin, religion, sexual orientation, gender identity or expression, or any other protected status.  The New Jersey Law Against Discrimination (LAD) and federal civil rights laws prohibit discrimination/harassment by or against students based  upon the following protected categories: race, creed, religion, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), familial status, marital/civil union status, affectional or sexual orientation, gender identity or expression, domestic partnership status, atypical hereditary cellular or blood trait, genetic information, disability, (including perceived disability, physical, mental and/or intellectual disabilities), or liability for service in the Armed Forces of the United States.  Further, the College does not discriminate on the basis of sex in any educational, employment, or extracurricular activity.  Sexual misconduct is a form of sexual harassment which is a form of discrimination and is prohibited by Title IX of the Education Amendments of 1972.  Domestic violence, dating violence, and stalking are also prohibited conduct as defined by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013.

Title IX is a federal law which provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.  Ramapo College of New Jersey does not deny or restrict a student or employee from participating in a program on the basis of sex or gender.  Title IX applies to students, staff, faculty, visitors (including children) and business vendors at the College, and to sex discrimination or sexual violence which occurs on campus, at College-sponsored events and programs held off-campus; or that may adversely affect the educational environment for members of the college.  Sexual violence includes sexual assault, dating violence, domestic violence, and stalking.  The College’s Title IX Coordinator is Kat McGee, C Wing, Room 214, (201) 684-7136.

This policy applies to protect all students from discrimination/harassment by others at the College, including students, faculty, staff members, vendors, and contractors. This statement applies to both physical and verbal conduct that occurs at the College, (including electronic communications sent or received on campus) and that occurs at any location, which can be reasonably regarded as an extension of the College. (i.e., any field location, on-line course, any off-site college-related social function, or event, or any facility where College-sponsored activities are being conducted or discussed).

This policy will not be applied to abridge a student’s exercise of free speech or expression which is protected by the Constitution of the State of New Jersey and the First Amendment to the U.S. Constitution.

Reporting an Incident of Discrimination

To file a complaint about an incident of discrimination, you may contact :

  • the Public Safety Department, C Wing, Room 102, (201) 684-6666
  • Mahwah Police Department, 221 Franklin Turnpike, (201) 529-1000
  • Aaron Sanders, Lead Investigator for the Office of Affirmative Action and Workplace Compliance in the Office of the President, (201)984-7540
  • Jill Brown, Americans with Disabilities Act Compliance Officer, D Wing, Room 114, (201) 684-7502.

Reporting an Incident of Sexual Assault

Ramapo College encourages reporting for incidents of sexual assault. Students are strongly urged to report sexual assaults to College authorities and to the police in order to protect themselves and others. Students who have been sexually assaulted may report the offense to the Public Safety Department (including anonymous reporting), to the Title IX Coordinator, or to the Mahwah Police Department.

Faculty, staff, and administrators who learn of incidents of sexual assault MUST report it to the Ramapo College Title IX Coordinator (unless the employee is a designated confidential resource, such as a licensed counselor in the Counseling Center or a recognized clergy person acting in the role of a pastoral counselor.)

Survivors who have been assaulted will receive assistance in considering a number of legal and disciplinary system options which are available to them.

Survivors may choose to:

  1. File criminal charges in the outside courts
  2. File civil charges in the outside courts
  3. Either independent of, or in conjunction with filing through the courts, file an incident report with the Public Safety Department. The incident report will launch an investigation which will be heard through the Office of Student Conduct (if the accused is a Ramapo College student) or through the Office of Affirmative Action and Workplace Compliance (if the accused is a College employee)
  4. Decide not to file charges. Sexual assault survivors are not required to report this crime. Survivors have the right to be free from any suggestion that survivors must report the crime to be assured any other rights to access to resources.

All of these options require that certain due process regulations be followed and that both parties maintain the right to present evidence or witnesses. In both outside court cases and internal student conduct proceedings, the accuser and the accused will be informed of the outcome.


Anonymous Reporting

The Public Safety Department Complaint Form is available for anonymous reports. Submissions are read and responded to during business hours, Monday through Friday, 8:00 a.m. – 4:30 p.m. Any submissions sent after business hours or during weekends or holidays will be read and responded to on the next business day.
If there is an imminent danger to a student, or to the community, do not use the Public Safety Department Complaint Form. Instead, contact the Public Safety Department at (201) 684-6666.


Reporting to the Public Safety Department

Office Location: C-102
Phone: (201) 684-6666
The Public Safety Department is available 24 hours a day, 7 days a week, 365 days a year. By contacting the Public Safety Department, a survivor is not obligated to file an incident report. At the survivors’ request, only an anonymous crime report will be completed for statistical purposes.
The survivor will be asked to make decisions regarding legal and student conduct options only after discussing their options with a confidential counselor and learning what is entailed in filing a report. Even if the survivor does not want to make a formal incident report or file charges, he or she still has the right to other victims’ services. More information about reporting a crime or violation of campus policies is available here: http://www.ramapo.edu/publicsafety/how-to-report/

Officers in the Public Safety Department are trained to gather information about the complaint. Officers must provide notice of the complaint to the Title IX Coordinator within 24 hours or as soon as practicable.

Reporting to the Title IX Coordinator
Kat McGee
Office: C-214
Phone: (201) 684-7136
E-Mail: kmcgee@ramapo.edu

 

Reporting to the Mahwah Police Department
The Mahwah Police Department can be reached by calling (201) 529-1000 or by calling 911. If the assault took place within the past 5 days the responding officer will activate the Bergen County Sexual Assault Response Team (SART).
SART is a free, coordinated community response to assist a survivor in the aftermath of a recent sexual assault. It has been designed to offer a compassionate, victim-centered approach while collecting evidence that can be vital to the investigation and prosecution of the crime. SART is available 24 hours a day, 7 days a week

There are three members of the SART team available to a survivor. A survivor has the option to speak with all three SART members, any combination of SART members, or speak with none of the SART members. SART members include:

  • Forensic Nurse Examiner (FNE): A FNE is specially trained in forensic evidence collection. The FNE conducts a head to toe exam and collects evidence to assist in the prosecution of the crime. Medications to prevent Sexually Transmitted Infections and pregnancy resulting from the sexual assault are also offered to the survivor. The FNE does not treat injury; anyone needing medical attention will be seen by the attending physician in the local Emergency Department.
  • Law Enforcement: A local police officer and/or detective from the Bergen County Prosecutor’s Office’s Special Victims Unit is available at the request of the survivor to conduct an investigation. In most cases of sexual assault, the choice to prosecute is left up to the survivor.
  • Confidential Sexual Violence Advocate (CSVA): Trained healingSPACE (a sexual violence resource center located Bergen County’s YWCA) advocates are available to assist the survivor throughout the SART process. Advocates keep information confidential and are there to empower the survivor by providing emotional support, information, and referrals. Follow-up with a trained advocate is also available in the days following the SART process.


Confidentiality

All complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved.  To the extent practical and appropriate, confidentiality shall be maintained throughout the investigatory process.  During the course of an investigation, it may be necessary to discuss the claims with the person against whom the complaint was filed and other persons who may have relevant knowledge or those who have a legitimate need to know about the matter.  All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Appropriate administrative authorities may be contacted in the interim if immediate or temporary actions must be taken to ensure the safety or well-being of any party to the complaint or to ensure the integrity of the investigation.

 

Prohibition Against Retaliation

Retaliation against any person who either alleges that s/he was the victim of discrimination/harassment/sexual harassment, provides information in the course of an investigation into claims of discrimination/harassment/sexual harassment in the academic environment, or opposes a discriminatory practice is prohibited by the policy.  Any student bringing a complaint, providing information for an investigation, or testifying in any proceeding under the policy will not be subjected to adverse academic or employment consequences based upon such involvement nor be the subject of retaliation.  Students who engage in retaliatory acts will be referred to the Office of Student Conduct where charges will be levied against the student through the College’s disciplinary process.

 

If a student believes that they have been retaliated against for bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy, they are encouraged to report their concerns to the Public Safety Department.

 

Hiring Procedures for Unclassified Staff

See Board of Trustees Search Policy 215

Hiring the best candidate from a diverse pool of qualified candidates that includes members of underrepresented groups is the goal of institutional searches. The search, which must be fully documented, should fairly screen and evaluate, the applicants , and should result in selection of the best candidate for the job. These procedures are intended to assist in conducting an effective and legally defensible search. Please consult with the Department of Human Resources or the Department or Affirmative Action and Workplace Compliance if there are any questions, concerns or difficulties at any stage

Authorization to search for a new position must come from the Vice President/Dean via the Staffing Requisition Form available on the web. The Unit Head/Dean, in conjunction with the Division Head, should develop a budget if it is anticipated expenses will be incurred during a national or international search. The budget should include potential costs for meals, transportation and lodging if necessary. Prior approval for interview expenses during a national or international search is required from the Provost’s Office for faculty searches, and from the Office of Budget and Fiscal Planning for unclassified staff searches. Please refer to the candidate Interview Expenses procedure. Please also refer to the procedure for Hiring of Foreign Nationals.

General Procedures
  1. Human Resources staff will assist the Unit Head/Dean/Hiring Manager with recruitment beginning with completing the Staffing Requisition Form (PDF), developing a job description and ad copy, and posting the job to ramapojobs.com/hr and other media sources. Please see “Specific Hiring Procedures and Responsibilities” section, item #1 below on the role of Hiring Managers.
  2. The Director of Affirmative Action and Workplace Compliance will work with the Unit Head/Dean/Hiring Manager to develop a recruitment strategy to broaden and diversify the pool of candidates as soon as the search is authorized. Please see “Specific Hiring Procedures and Responsibilities” section, item #1 below on the role of Hiring Managers.
  3. The Hiring Manager selects a Search Committee that is comprised of a diverse representation of units interacting with the position. Where possible and relevant, a student should be selected to serve on the Committee. Students must be juniors or seniors and are non-voting members of the search committee.
  4. The Hiring Manager must also select an employee within the unit to chair the search committee. The Chair must understand the demands of the position as well as the tasks associated with it . In searches for senior administrative positions, the hiring manager may chair the Search committee ex-officio, with approval of the President.
  5. In the case of recruitment of college officers and senior administrators, a search firm may be used.
  6. The Search Committee Chair will serve as Affirmative Action Representative. The Director of Affirmative Action and Workplace Compliance will train the Chair on search guidelines and procedures relative to the College’s affirmative action goals and policies (see Discrimination, Harassment, Hostile Work Environment Policy.)
  7. The Director of Affirmative Action and Workplace Compliance will advise the Search Committee Chair of his/her responsibilities, which are as follows: a) monitor the entire process, b) complete the Affirmative Action Search Committee Report, c) have all finalists sign the completed employment application prior to leaving campus, d) ensure this information is included in the hiring packet to the appropriate Vice President/Dean/Unit Head when the selection has been made.
  8. HR will assist the Search Committee in determining how the applicant pool should be evaluated, develop screening techniques and design questions for the interview process. Should the committee use telephone interviews, two sets of questions should be developed, one for the telephone interviews, and another set for the in-person interview.
  9. Internal candidates are expected to submit or grant access to all official Ramapo College personnel documents (i.e. student evaluations, observation reports, reappointment letters) that have accumulated during the candidate’s employment at Ramapo College. External candidates will be asked for similar information.
  10. After the qualified candidates have been interviewed, references of the potential finalists are checked by the Search Committee. Finalists should be told references are being checked, and current employment situations should not be compromised. References should be checked before bringing candidates to campus. No anonymous information may be considered during the reference checking process; materials found in the “public domain” are acceptable.
  11. Before candidates are brought to campus (but after the telephone interview), the Search Chair forwards to the Director of Affirmative Action and Workplace Compliance the application packets of the potential campus invitees.
  12. The Director of Affirmative Action and Workplace Compliance reviews the pool.
  13. The Director of Affirmative Action and Workplace Compliance returns the approved pool of candidates to the Search Committee prior to the campus interview.
  14. All final candidates approved by AA should be brought to campus for a personal interview with the search committee.
  15. The Search Committee Chair forwards to the Hiring Manager a letter of recommendation along with the following information: 1) description of the interview process, 2) names of the final candidates for the position and their resumes, (see item 15), 3) references and other significant related materials, 4) job description, and 5) signed employment application.
  16. The Search Committee is required to send three names, unranked, to the Hiring Manager, listing strengths and weakness of each candidate. Fewer or more than three candidates will be considered with approval of the Hiring Manager and the Director of Affirmative Action and Workplace Compliance.
  17. After the Hiring Manager completes the final interviews, he/she consults with HR regarding salary, benefits and starting date.
  18. The Hiring Manager makes a recommendation for hire to the next level supervisor up to the cognizant vice president/provost.
  19. Completed hire packets for Professional Staff and Managerial appointments in the Division of Academic and Student Affairs, as well as those for Faculty appointments, are submitted to the Office of Employee Relations, prior to being forwarded to the Provost.
  20. A recommendation for hire will be made to the President by the cognizant vice president/provost.
  21. The search chair or a designee must send letters of rejection to candidates not interviewed, and to candidates interviewed by the Committee but not recommended for further consideration. The hiring manager sends letters to finalists interviewed by him/her and not selected. Letters should go out at the completion of the search process (candidate hired).
  22. The complete hiring package must be submitted to the Director of Affirmative Action and Workplace Compliance for approval of the process and results. A complete hiring package contains the following:
    • Letters of recommendation from the Hiring Manager, Unit Head, Dean and/or Vice President
    • Letter of recommendation from Search Committee Chair
    • Job description
    • Candidate’s resume
    • Copy of the advertisement (internal and external)
    • Copy of the approved Staffing Requisition Form
    • Signed employment application
    • AA Search Committee Report Form
    • Any other pertinent information about unusual circumstances.
    • The Affirmative Action Office submits the complete package to the Department of Human Resources along with a concurrence or rejection letter.
    • The Affirmative Action Office conducts degree verification.
    • Arrangements for translation of documents or evaluation of foreign credentials are made through the Office of Affirmative Action and Workplace Compliance.
    • HR prepares the appointment letter and forwards it to the President for review, approval, signature and mailing.
    • Deans may discuss final terms with the top candidate in concert with the Provost’s office; Hiring Managers of unclassified staff may discuss final terms with the top candidate in concert with the Department of Human Resources. However, only the President may make a formal offer of employment.
  23. All search records must be retained for five(5) years by the Search Committee Chair. If the finalist is a foreign national, all search materials must be transferred to the Roukema Center for International Education and retained for six and one-half (6-1/2) years for federal auditing purposes.
Specific Procedures and Responsibilities

A. The Hiring Manager shall

  1. Complete the Staffing Requisition Form, obtain appropriate signatures, and submit the form with the job description and add copy to the Department of Human Resources (ad copy must be consistent with job description).
  2. Select and charge the Search Chair and Committee
  3. Review the job description with the Committee
  4. Develop and submit the job posting to HR utilizing the ramapojobs.com/hr system
  5. Clarify requirements for the position as well as preferred attributes
  6. Send letters to finalists not selected (see Sample Letter 1 (DOC) and Sample Letter 2 (DOC)) at the completion of the search process (candidate hired).
  7. Interview finalists
  8. Make a recommendation for hire at the completion of the search to the next level supervisor (and submit to ER, as appropriate see item 19)
  9. Discuss final terms with the finalist in conjunction with the Provost’s office for faculty and the Department of Human Resources for unclassified staff.

B. The Search Committee Chair shall

  1. Receive training regarding affirmative action objectives from the Office of Affirmative Action and Workplace Compliance, and training on the on-line application process from the Department of Human Resources.
  2. Act as the committee’s facilitator, official spokesperson, and liaison to the hiring authority; articulate expectations for committee conduct; and mediate conflict
  3. For national searches, obtain necessary approvals for interview expenses prior to bringing candidates to campus; work with candidates to minimize reimbursable costs (see Interview Expenses)
  4. Communicate with potential leads, potential and actual applicants, constituents, and others who may inquire about a search process, Affirmative Action and HR
  5. Protect the confidentiality of applicants and the integrity of the search process. Written documents may be subject to public records requests; therefore, judicious use of written and e-mail communication is recommended
  6. Coordinate the checking of references of finalists with the Director of Affirmative Action and Workplace Compliance (see Reference Check Procedures (DOC)). The candidate’s current employment situation should not be compromised, and the candidate should be told references are being checked. Concerns about information obtained during the reference-checking process should be referred to AA & WC or HR.
  7. Ensure compliance with state and federal laws and College policy, including the role of Conveners
  8. Provide pertinent information to the candidates being interviewed, including job description, relevant information about the College, portion of Employment Eligibility Verification (PDF) statement so the candidate understands the type of documentation that will be required at time of hire. Please see the procedures for hiring Foreign Nationals.
  9. Certify via a form that the finalist candidates have been selected through a search process that has been designed and implemented to promote the College’s principles of diversity, equal opportunity and affirmative action. (see Affirmative Action Search Committee Report (PDF))
  10. Send letters of rejection to the finalists interviewed on campus and not recommended for further consideration after completion of the search process (i.e. the selected finalist has accepted the position).
  11. Retain all search records for five (5) years. If the finalist is a foreign national, all search materials must be transferred to the Roukema Center for International Education and retained for six and one-half (6-1/2) years for federal auditing purposes.

C. The Search Committee shall

  1. Refer questions regarding salary , information on the employment application, or other administrative details to the Department of Human Resources; refer concerns regarding the search process to the Director of Affirmative Action and Workplace Compliance. (Either office may be contacted for guidance about any matter at any time.)
  2. Protect confidentiality of applicants and the decision-making process
  3. Participate fully and consistently
  4. Screen applicants and refer recommendations to the Hiring Manager
  5. Use latitude and flexibility in the selection process – this must be balanced with consistency and transparency – for guidance, consult with HR or AA & WC
  6. Determine a decision making process, e.g. will the committee vote, try to reach consensus, use negative voting, or provide majority and minority opinions, what evaluation instrument will be used, how many absences disqualify committee member from participating in the selection process, etc. The decision making plan must be submitted to the Director of Affirmative Action and Workplace Compliance for approval.
  7. Vote by secret ballot
  8. Provide fair, consistent and nondiscriminatory interviews to all finalist candidates
  9. Act promptly to ensure that top candidates are not lost to institutions that move quickly to hire top talent
  10. Carefully review the job description and understand the requirements of the position
  11. Review application (see template for Candidate Evaluations Sample Template 1 (XLS) & Sample Template 2 (XLS))
  • review applicant’s knowledge, skills and abilities
  • review applicant’s past positions and their relevance to the position
  • review past accomplishments/achievements
  • question unexplained gaps in employment history

D. Role of Conveners

1. If a convener is on the search committee for a tenure-track faculty line and the pool of applicants includes a person whom that convener has recommended for hire as an adjunct faculty or temporary faculty member, then that convener will recuse him/herself and absent him/herself from the room during the discussions of the candidate and voting on the names to be selected as finalists.

2. The convener in question will be empowered to read all the applications and to remain present (although not participating) during all interviews (phone or in-person) and attend demonstration classes, etc. given by the candidate(s) in order to possess the necessary background to provide thoughtful input to the Dean regarding finalists.

E. Interview Questions

HR may assist in developing the interview questions (see generic Sample Questions (DOC) and Faculty Sample Questions (DOC)) which should:

  1. Emanate from the job description with additional questions based on the applicant’s resume/vita
  2. Be job related
  3. Elicit more than a yes or no response and ask what, when, where, who, why, how
  4. Force the applicant to think
  5. Not be discriminatory such as questions regarding:
  • Race, color, or national origin
  • Age
  • Disability
  • Religious affiliation
  • Gender, marital status, number of children, family plans

6. Elicit information about eligibility to work in the U.S.

7. Elicit information about the need for accommodation to do the job

See also:

F. Conducting the Interview

  1. Conduct interview in a pleasant, uninterrupted environment
  2. Give applicant the committee’s undivided attention
  3. Put the applicant at ease before beginning questions
  4. Explain the process
  5. Explain that there will be time for questions after the formal interview
  6. Ask each applicant the same basic questions
  7. Use follow-up questions effectively: what, when, where, who, why, how
  8. Allow the applicant to do most of the talking, but without digressing
  9. Allow silence
  10. Control your body language
  11. Take note of the applicant’s responses
  12. Ask the applicant what questions he/she has for the committee members
  13. Explain the timeline for the search process and when they may expect to hear from the College
  14. Thank the applicant and direct them to their next destination

G. Possible Exceptions to Institutional Search Policy

Documentation for an internal search or non-competitive hire must explain the circumstances. The president, upon the recommendation by a provost/vice president, and in consultation with the director of affirmative action and workplace compliance, must approve an internal search or waiver of search procedures. The following describes circumstances that may justify an appointment without a search.

  1. Emergency Hires — In an emergency situation, candidates may be appointed on a temporary basis for a twelve-month period or longer with presidential approval. The person selected to serve in the emergency capacity will be compensated at a commensurate salary for the period in which the position is held. During the employment period, a search for a permanent occupant of the position will be initiated if it has been determined that the position will become permanent. The position will be posted and institutional search procedures followed. The incumbent may apply.
  2. Acting Hires — For a variety of reasons, the president may choose to fill an unclassified position by a current employee who will serve in an acting capacity. The person selected to serve in the acting capacity will be compensated at a salary commensurate with the position for the period in which the position is held. Acting positions will not last more than twelve months without the initiation of a search for a permanent hire. Appointment beyond twelve months must have presidential approval. The position will be posted and institutional search procedures followed. The incumbent may apply; if not the successful applicant, the presumption is that the individual would return to his or her former position.
  3. In-Line Promotions – When a vacancy exists within an administrative unit, a current employee from within the unit may be promoted. An in-line promotion must be recommended by the dean and/or hiring manager to the appropriate provost/vice president, and authorized by the director of affirmative action and workplace compliance and the president. The vacated position may be filled through institutional search procedures.
  4. Temporary Part-Time Professional Staff and Adjunct Professors – Appointment is by the president, acting on the recommendation of the division hiring manager. Should the position become full-time and/or permanent, college search procedures will be followed. The incumbent may apply.
  5. Visiting Scholar/Exchange Scholar – An academic or professional person invited to the college from another institution to teach or conduct research over an extended period such as a semester, summer session, or academic year. Appointment is by the president, acting on the recommendation of the division hiring manager.
  6. Reorganization — For purposes of downsizing, succession planning, professional development, broadening diversity, and/or reorganization, the hiring manager may reclassify or transfer a current employee who requires minimal training and has the requisite qualifications. Appointment is by the president, acting on the recommendation of the division hiring manager.
  7. Organizational Needs/Failed Search — When the search process has failed to yield a qualified applicant and it is a vacancy that requires specific technical skills, expertise in a subject area of high demand/low availability, or is a mission-related priority position identified by the president, the search may be waived. Approval is by the president, acting on the recommendation of the division hiring manager.
  8. Grant or Contract Positions — Principal investigators may hire individuals for unclassified positions specifically named in grants or contracts without conducting a search. Justification must include copies of the pages from the grant or contract specifying the person(s) named in the grant or contract. Otherwise, all positions funded by research grants and contracts shall be filled according to college search procedures. Appointment is by the president, acting on the recommendation of the division hiring manager.
  9. Laureate — On occasion, the college may have the opportunity to hire a nationally or internationally renowned individual who expertise matches the mission and goals of the college or the school. While each academic school recognizes extraordinary accomplishments differently, it is expected that the “laureate” designation be used in rare circumstances. Appointment is by the president, acting on the recommendation of the division hiring manager.
  10. Returning Employees — Employees who have terminated their employment with the college may be appointed without a search if they return to the same hiring unit to fill their former position which has not been filled, with a break in service not to exceed twelve (12) months. Appointment is by the president, acting on the recommendation of the division hiring manager.

H. Failed Searches

In the event the search does not produce a viable candidate, the following needs to take place:

  1. Search chair recommends (to the dean/unit head) a failed/vacated search and give reasons why
  2. The dean/unit head recommends (to the provost) a failed/vacated search and give reasons why
  3. The provost declares (to the dean/unit head) a failed/vacated search and notifies the president (by cc)
  4. The dean/unit head notifies the search chair that the search has been declared failed/vacated
  5. New Staffing Requisition Form processed if appropriate (new search opened)

The College uses an automated applicant tracking system (ramapojobs.com) and all candidates must apply through this process.

Note: These procedures are subject to reasonable flexibility in extraordinary circumstances.

See also Power Point outline for use of the Applicant Tracking System (PPT) Ramapojobs.com