Guidance for Search Committees Updated April 12, 2017 CU Human Resources Guidance for Search Committees Updated April 12, 2017

Concord University – Learning and Development Learning Objectives Familiarize participants with the role and responsibilities of CU Search Committee members Equip participants with guidance and tips for avoiding and migrating risk in the search and selection process Provide participants with resources for accessing additional information Policy # 47, Affirmative Action / Equal Employment Opportunity 2.1 It is the policy of CU to utilize all available resources to strive for diversity in our workforce. Efforts to achieve this will include the following: 2.1.1 Recruit, hire, train, promote, retain, tenure, and compensate persons in all administrative, classified, faculty, non-classified, and student job titles without regard to age, ethnicity, disability status, national origin, race, religion, gender, sexual or gender orientation, marital status, or veteran status unless prohibited by law; 2.1.2 Advertise in diverse publications, including publications that target minority groups, as a part of the recruiting and hiring process; 2.1.3 Base decisions of employment to further the principles of affirmative action and equal employment opportunity; 2.1.4 Ensure that promotion, reappointment and tenure decisions are in accordance with the principles of affirmative action and equal employment opportunity by imposing only valid requirements for promotional, reappointment and tenure opportunities; and 2.1.5 Ensure that all personnel actions including compensation, benefits, demotion, termination, reduction in workforce including lay-off or furlough, recall rights, employee training and development, education/tuition assistance, social and recreational programs will be administered without regard to age, ethnicity, disability status, national origin, race, religion, gender, sexual or gender orientation, marital status, or veteran status unless prohibited by law. Concord University – Learning and Development 7/23/2014

Concord University – Learning and Development Learning Agenda Lesson 1: The Search Committee’s Role in the selection process Lesson 2: Search Committee Member Responsibilities Lesson 3: Mitigating legal issues in selection and hiring Concord University – Learning and Development 7/31/2014

Concord University – Learning and Development Search Committee Role Screen applicants via PeopleAdmin to identify potential candidates Meet with hiring manager to review candidates Select three to five qualified candidates for interview Develop list of job related questions for use with each candidate Conduct interviews and document results Only interview applicants who meet the minimum qualifications of the position Debrief after interviews to rank candidates and identify finalist Review verified credentials of finalist and recommend for hire Concord University – Learning and Development 7/23/2014

Search Committee Membership Typically three (3) to five (5) members Hiring Manager – Usually chairs the committee Human Resources representative (ad hoc) Faculty representative(s) – nominated by Faculty President Classified staff representative – nominated by Classified President Student representative – nominated by SGA President Concord University – Learning and Development 7/23/2014

Search Committee Responsibilities Ensure selection process is free of illegal discrimination – intent is immaterial Protect the integrity of the selection process Maintain confidentiality – limit discussions re: candidate selection to those with the need to know Impartial – may recuse self if current or former relationship with candidate(s) would present an appearance of conflict of interest Example: Friendship or family considerations Do not grant “courtesy” interviews – bad practice May conduct phone interviews to narrow the pool of candidates brought to campus Provide hiring manager with recommendations and strengths and weaknesses of candidates Concord University – Learning and Development 7/23/2014

Legal Issues in Selection and Hiring Managing Risk Focus on avoiding discrimination in interviewing, selection, and hiring Consider Equal Employment Opportunity and Affirmative Action Goal: Identify and select the best qualified candidate to perform the essential functions and make a meaningful contribution to success Frame interview questions to avoid discriminatory questions by focusing on performance related topics – outcomes and behaviors Select based on objective criteria, not subjective judgments Age Discrimination in Employment Act Americans with Disabilities Act Civil Rights Act, Title VII Equal Pay Act Pregnancy Discrimination Act Veterans Disabled Concord University – Learning and Development 7/23/2014

Discrimination in Employment Base employment decisions on qualifications and abilities Right to jury trial and possible compensatory and punitive damages Hiring manager determines the essential functions or tasks for the position and sets performance expectations Consistently apply same standards to all candidates Consider rights of members of protected classes and provide equal opportunity Refer considerations for accommodation to Human Resources Age Discrimination in Employment Act, Americans with Disabilities Act, Civil Rights Act Title VII, Equal Pay Act, Executive Order 11246, Genetic Information Nondiscrimination Act, Immigration Reform and Control Act, Older Workers Benefits Protection Act, Pregnancy Discrimination Act, Rehabilitation Act of 1973, Uniformed Services Employment and Reemployment Act, Vietnam Era Veterans Readjustment Act of 1974 Concord University – Learning and Development 7/23/2014

Pre-employment Inquiries Avoid Discrimination During Interviews Ask only job related questions and the same questions of every applicant interviewed! Must not exclude or limit, whether directly or indirectly, any individual on the basis of membership or perceived membership in a protected class Assessments or testing should be validated before using. Interview questions, must be relevant to performance of the work Become familiar with the Guidelines on Pre-employment Inquiries, which identifies many unlawful interview topics. Link: Concord University – Learning and Development 7/23/2014

Concord University – Learning and Development Tips on Selection Select and recommend the candidate who: Has the most relevant academic and experiential qualifications i.e., best qualified Has excellent interpersonal skills (listening, speaking, and writing) Best demonstrates the values of Concord University and commitment to its mission. Is a good “fit” i.e., can get along and work with others in the work unit Concord University – Learning and Development 7/23/2014

Concord University – Learning and Development Wrap Up / Close The Search Committee plays a vital role in the selection process Search Committee has a responsibility to maintain the integrity of the search and selection process Committee members have responsibilities and legal obligations to keep the selection process free of discrimination Guidance and counsel are available to committee members to help mitigate risks and improve outcomes Concord University – Learning and Development 7/31/2014

Resources to Learn More HEPC Title 133, Series 9, Academic Freedom, Professional Responsibility, Promotion, and Tenure, Section 12 Dismissal 12.1.2 Conduct which directly and substantially impairs the individual’s fulfillment of institutional responsibilities, including but not limited to verified instances of sexual harassment, or of racial, gender-related, or other discriminatory practices CU Board Policy Policy # 29 , Social Justice Policy #. 37 Nondiscrimination, Sexual Misconduct, and Other Forms of Harassment Policy # 47, Affirmative Action / Equal Employment Opportunity Concord University – Learning and Development 7/23/2014