108.000 - Waiver of Recruitment for Ladder-Rank Faculty: Spousal/Domestic Partner Hire

UCSC:APO:CAPM rev 11/08

A waiver of open recruitment for a ladder-rank faculty position may be requested in cases involving either the recruitment or the retention of a faculty member whose spouse or domestic partner is a qualified candidate and where there is not sufficient time for a planned recruitment. A qualified candidate is one who holds a written competitive offer for a ladder-rank appointment from either a UC campus or from a UC-comparable institution, or who is already employed in a ladder-rank position at another UC campus or a UC-comparable institution.

A. DEFINITIONS

Domestic Partner:
A domestic partner means the individual designated as an appointee's domestic partner under one of the following methods: (i) registration of the partnership with the State of California; (ii) establishment of a same-sex legal union, other than marriage, formed in another jurisdiction that is substantially equivalent to a State of California-registered domestic partnership; or (iii) filing of a Declaration of Domestic Partnership form with the University. If an individual has not been designated as an appointee's domestic partner by any of the foregoing methods, the following criteria are applicable in defining domestic partner: each individual is the other's sole domestic partner in a long-term, committed relationship with the intention to remain so indefinitely; neither individual is legally married, a partner in another domestic partnership, or related by blood to a degree of closeness that would prohibit legal marriage in the State of California; each individual is 18 years of age or older and capable of consenting to the relationship; the individuals share a common residence; and the individuals are financially interdependent.

Hiring Department:
The proposed home department of a spouse/domestic partner. The hiring department is responsible for requesting a waiver of open recruitment for a spouse/domestic partner hire.

Primary Department:
The department that has a recruitment or retention situation involving a ladder-rank faculty or potential faculty member who has a qualified spouse/domestic partner requiring a ladder-rank position.

B. AUTHORITY

The authority to approve a waiver of recruitment for a spouse/domestic partner ladder-rank hire rests with the Chancellor.

C. ELIGIBILITY

All campus academic departments are eligible to initiate requests for waivers of recruitment for spouse/domestic partner hires. A department may serve as both the primary department and the hiring department.

D. PROCEDURES

Timing
Initiation of the request for a waiver of recruitment ideally should commence as soon as the issue of either the recruitment or the retention of a faculty member in the primary department arises and will be in the form of a proposal. In recruitment situations, the proposal for a waiver should be submitted by the hiring department once the primary department has received its Recruitment Final Ranking Documentation (Part C) signed by the dean. In retention situations, the hiring department should submit the proposal for a waiver once the primary department has identified the need for a spouse/domestic partner hire as a significant issue in a retention matter. Consultation between department chair(s) and dean(s) should occur as early in the process as possible.

Required Documentation for the Proposal

The hiring department shall include as part of the proposal:

  • 1. A written request for a waiver of recruitment, which shall include:
    • a. The title and effective date of the proposed appointment;
    • b. A brief description of the spouse/domestic partner's area of expertise;
    • c. Justification for the request of a waiver of recruitment, which shall include:
      • (i) A description of the recruitment or retention situation which gives rise to the need for a waiver (in cases of retention, the proposal shall include the written offer of employment to the faculty member, which shall have been provided by the primary department);
      • (ii) The reason sufficient time does not exist to conduct a planned open recruitment;
      • (iii) Evidence that the spouse/domestic partner is a qualified candidate (including copies of written competitive offers and evaluation of the UC-comparable institute);
    • d. The benefits to the hiring department, division, and UCSC of the spouse/domestic partner hire, including a discussion of the impact of the proposed spouse/domestic partner appointment on the long-term curricular and diversity plans of the department and division.
  • 2. A current curriculum vitae for the proposed spouse/domestic partner;
  • 3. In the case of recruitments, the Recruitment Final Ranking Documentation (Part C), obtained by the hiring department from the primary department, for the open search in which the potential primary faculty member has applied.

Submission of the Proposal for Review

  • 1. The hiring department shall forward the proposal to the dean of the hiring division.
  • 2. The dean of the hiring division shall add to the proposal:
    • a. A letter of support for the proposed waiver of recruitment and;
    • b. An off-cycle request for authorization of a ladder-rank position. The request should include an outline of the expected financial contribution of the hiring and/or primary division(s) and department(s). It is expected that the provision will be underwritten with a vacant or forward funded permanent faculty position within the hiring department and will count against future recruitments. The department/division will make usual contributions to salary and startup expenses.

The division will then forward the completed proposal to the Academic Personnel Office.

Review of the Proposal
The proposal will then be considered by the Campus Provost who will solicit the advice of the Committee on Affirmative Action and Diversity and the Committee on Planning and Budget before referring the request to the Chancellor for decision.

Approval of the Waiver
The hiring division will be informed of the Chancellor's determination, with copies to the hiring department, primary division and primary department.

If the Chancellor approves the waiver, the appointment file will undergo the usual review and approval process, including review by the Committee on Academic Personnel. ( APM 200 , CAPM 404.220 )

The offer of a ladder-rank faculty appointment to a spouse/domestic partner under a waiver of recruitment is contingent on the acceptance of a ladder-rank faculty appointment by the primary potential faculty member. This contingency will be included in all offers of appointment to the spouse/domestic partner.