II-1.00(H)

UMB Policy on Waivers of Formal Search Requirements for Faculty Appointments

Faculty   |   Approved May 8, 2017

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Responsible VP/AVP

Roger Ward, EdD, JD, MSL, MPA

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Applies to Faculty

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Policy Statement

I.  Policy Statement 

The University of Maryland, Baltimore (UMB) is committed to a culture that is enriched by diversity, in the broadest sense.  As an Equal Opportunity/Affirmative Action employer and educational institution, UMB does not discriminate on the basis of race, color, religion, age, ancestry, national origin, gender, sexual orientation, physical or mental disability, gender identity or expression, marital status or veteran's status in recruitment, hiring, compensation, training or promotion of employees and applicants for employment at all job levels. 

UMB relies upon faculty search procedures to identify a broad range of well-qualified candidates for faculty openings.  Search requirements are waived only under specified, limited circumstances or special circumstances consistent with the intention of this policy. 

This policy does not address or override immigration, visa, or employment-related requirements that are applicable to individuals who are foreign nationals.

II. Policy 

1. Consistent with the USM Policy on Appointment, Rank and Tenure of Faculty (II-1.00), UMB search procedures reflect the commitment of UMB and the University System of Maryland to equal opportunity and affirmative action.
2. In accordance with the UMB Policy on Appointment, Rank and Tenure of Faculty (II - 1.00(A)), the appointment of a new faculty member at .5 FTE or greater, in any professorial rank (assistant professor, associate professor, or full professor), on the non-tenure track, tenure track or with tenure, must follow a search to identify the new faculty appointee.
3. There are limited circumstances under which a School may request a waiver of the requirement to conduct a faculty search as part of a recruitment.
4. A faculty search waiver requires the advance written approval of the UMB Director of Equal Employment Opportunity (EEO)/Affirmative Action (AA) and the Senior Vice President and Chief Academic and Research Officer.
   
   The Director of EEO/AA is responsible for implementing, coordinating and monitoring the University’s Affirmative Action Plan, including efforts to strengthen UMB diversity   efforts to attract and retain faculty from underrepresented groups.
5. A faculty search waiver may be approved subject to a limited term of appointment, after which time the faculty appointment will terminate and no reappointment may be made unless the faculty member is selected or promoted through a faculty search.  Limited-term appointment search waivers also may be considered in emergency situations where critical positions, usually related to clinical care, need to be filled.

The approval of a search waiver and the duration of the term for limited-term appointments is determined by the Chief Academic and Research Officer and the Director of EEO/AA. If the position is to remain filled beyond the duration of the waiver, a search must be conducted. Only waivers designated as time-limited expire.  If a waiver is not time-limited, it does not expire.

A Visiting title can be used in lieu of a limited-term appointment. Per the University System of Maryland APT policy, visiting faculty appointments usually are one academic year or less.  Schools must have a method for tracking limited-term and visiting appointments.

Visiting Faculty are appointed under two circumstances:

1. The faculty member has been appointed as visiting faculty while awaiting the paperwork for a permanent appointment. In these cases, a search has been conducted, and another search is not required for a promotion to the tenure track.
2. The visiting faculty member’s appointment is temporary or time-limited, and there has been no search. In this case, the UMB Policy on the Appointment, Rank, and Tenure of Faculty applies, and a search must be conducted before a faculty member can be appointed to the faculty at .5 FTE or greater, in a professorial rank (assistant professor, associate professor, or full professor), tenure track or non-tenure track.

III. Circumstances That May Support Waivers of a Faculty Search 

1. Specialist:  The candidate for a faculty position with professional requirements that are highly specialized. The pool of potential candidates is comprised of a limited number of qualified individuals in the applicable professional community. For example, a physician-scientist with credentials and experience in a high-demand area of specialization.
2. Distinguished Academic:  An individual of great eminence, such as a member of a National Academy, a Nobel Laureate or a scholar of equivalent standing.
3. Accompanying spouse or partner: The accompanying spouse or partner of a highly qualified faculty candidate whose successful recruitment by UMB requires a faculty appointment of the candidate’s accompanying spouse or partner.
4. Research team member:  A faculty co-worker of a highly qualified candidate whose successful recruitment by UMB requires the appointment of the co-worker as part of the candidate’s established research team.
5. Critical Patient Care Need:  A critical clinical care vacancy that occurs unexpectedly, such as in death, sudden illness or resignation of a faculty provider. 
6. Clinical Faculty Adoption: Candidate is a clinician who requires a faculty appointment to maintain their position by virtue of change in an affiliate clinical site and UMB. 

 

IV. Faculty Appointments and Promotions to the Tenure Track and the Awarding of Tenure 

A competitive national search for Assistant Professor level or above, must be completed prior to an appointment to the rank of Assistant Professor or above.  This applies to the non-tenure track, tenure track or with tenure, and the search is sufficient for future promotion in rank, to the tenure track or the awarding of tenure. 

If a search was done for an Assistant Professor and the best candidate’s credentials and experience are better suited to the rank of Instructor or Research Associate, another search does not have to be done to promote the faculty member to a professorial rank or the tenure track or for the awarding of tenure. 

Candidates allowed a faculty appointment through a waiver in III. 1-4 are exempted from the search requirement for initial appointment and for future promotions in rank, on the tenure track or the awarding of tenure. 

Candidates allowed a faculty appointment through a waiver per III.5 may be promoted to the tenure track or awarded tenure without a search if the Dean of the School in which the faculty member is appointed and the Chief Academic and Research Office are in agreement. 

Candidates allowed a faculty appointment through a waiver per III.6 may not be promoted to the tenure track or awarded tenure without a search. 

The School’s policy for appointment peer review must be followed. 

All current faculty at the rank of Assistant Professor or above, where a search occurred or waiver was granted for appointment to the faculty prior to the implementation of this policy, regardless of rank, may be promoted through the ranks, to the tenure track or with tenure, without additional search requirements. All current faculty at the Research Associate or Instructor ranks, where a search occurred or waiver was granted for appointment to the faculty prior to the implementation of this policy may be promoted through the ranks on the non-tenure track only without additional search requirements; promotion to the tenure track or the awarding of tenure would require a full national search. 

 

VI. Roles and Responsibilities

1. The Vice President in charge of this policy is the Senior Vice President and Chief Academic and Research Officer.
2. Requests to waive a formal search are reviewed by the Senior Vice President and Chief Academic and Research Officer and the Director of EEO/AA, and their decision is final.

 

VII. Key Related Policies and/or Procedures 

1.00(A) UMB Policy on Appointment, Rank, and Tenure of Faculty