801 Personnel Transactions
Approved by President
Effective Date: June 5, 2017
Responsible Division: Business and Finance
Responsible Office: Human Resource Services
Responsible Officer: Assistant Vice President, Human Resource Services
This policy supplements provisions of Policy 800 General Personnel as it relates to personnel transactions, procedures for campus appointments, and budgetary and position considerations. Any exceptions to this policy are subject to approval by the Middle Tennessee State University (MTSU or University) President.
II. Personnel Transactions
A. All personnel transactions shall follow MTSU policies, affirmative action plans, and fair employment practices.
1. Appointments requiring the MTSU Board of Trustees (Board) approval will be reviewed in light of these expectations.
2. All appointments, regardless of salary, including promotions and transfers, must be reviewed and certified by the Affirmative Action Officer prior to action.
3. Other appointments not requiring approval of the Board will be reviewed periodically by the Affirmative Action Officer to ensure compliance.
B. Appointments Requiring Approval by the Board:
No offer of employment can be made for positions requiring the Board’s approval until the appointment form has been signed by the Chair or designee. The following positions must be approved by the Board:
1. All Vice Presidents (academic, business, student affairs, etc.) or other executives reporting directly to the President, including all interim appointments.
2. Chairs of Excellence, including interim appointments.
3. Any other positions which may be designated by the Board.
C. Appointments Not Requiring Approval by the Board:
1. All appointments not listed in Section II.B. may be approved by the President or designee.
2. Hiring procedures outlined in the following sections will be followed with the records being maintained as described in Section V. of this policy.
3. The President shall be responsible for assuring compliance with the policy.
4. The Affirmative Action Officer shall be responsible for monitoring the recruiting and employment process to assure compliance with the policy and the Affirmative Action program and objectives.
5. All promotions and transfers not requiring approval of the Board must be approved by the President or designee, reviewed, and certified by the Affirmative Action Officer in compliance with Policy 800 General Personnel.
D. Minimum Requirements for Appointments
1. The following actions or procedures are mandatory::
a. Establish an Affirmative Action Plan which sets goals for all categories of employment.
b. Develop appropriate recruitment and selection procedures to ensure fairness in employment.
c. Determine in a discussion with the Affirmative Action Officer whether affirmative action goals for the area or department (job group in which the vacant position occurs) has been met.
(1) Even if the overall University goal in an employment category (i.e., executive/administrative/managerial; faculty; professional non-faculty; secretarial/clerical/technical and paraprofessionals; skilled crafts; service/maintenance) has been met, there may be a goal for the area or department (job group) in which the vacant position is located which has not been met.
(a) For example, the overall faculty goal of 4.5% black representation has been met, but the vacancy is in the job group of Arts and Sciences. Availability data in Arts and Sciences supports the Affirmative Action Plan's goal of 7.0% black representation, which is higher than the overall University goal. In this case, the efforts to recruit for the Arts and Sciences position will be directed toward qualified black candidates since the availability data shows the applicant pool should contain some qualified black candidates.
(b) A second example relates to the availability of women in the particular job group vacancy: the total faculty goal for women is 40%, but a higher number of women are available in the particular job group category.
(2) In both examples cited above, affirmative action recruitment must occur. In summary, MTSU has an obligation to use the availability figures applicable to the particular vacancy to recruit qualified minorities.
2. A standard recruitment plan has been established for all EEO categories and is managed through the applicant tracking system.
a. Exceptions to this standard recruitment plan, depending on the nature of the position and the availability data, should be approved by the Affirmative Action Officer.
b. The plan includes, but is not limited to:
(1) The proposed job description.
(2) Method of directing the hire, i.e., individual supervisor or search committee;
(3) Composition of the search committee and responsibilities of the members, i.e., direct contacts, references, interviews, etc.;
(4) Other advertising sources plan, which should provide the following:
(a) Advertisement of the position online, on bulletin boards, in appropriate publications, and/or in newspapers and/or professional discipline specific journals;
(b) Requests for nominations from professional organizations, discipline related groups, and organizations devoted to leadership training for the position;
(c) Diverse membership on all search, selection, or advisory committees, when practical; and,
(d) Direct contacts to assure that underrepresented groups are aware of the vacancy and are encouraged to apply.
3. The applicant pool must generally reflect the availability data for the defined vacancy in that discipline or field as determined by the appropriate job group in the University Affirmative Action Plan. Direct contacts will be required to assure the diversity of protected groups in the applicant pool.
4. The Affirmative Action Officer must review all applicant pools and approve their composition prior to the scheduling of interviews.
5. After a candidate has been identified as a possible hire for positions defined in Section II.B., the selected candidate will be presented to the Board for approval.
6. IMPORTANT: If an institution has met its affirmative action goals, equal employment opportunity is required. Race or sex cannot be used as a plus factor in hiring. However, affirmative action efforts are appropriate in the recruitment process to assure a representative pool. Discrimination on the basis of race, sex, sexual orientation or gender identity, religion, color, ethnic or national origin, age, disability status, or status as a covered veteran is a violation of law.
7. MTSU believes that it is important to check references to limit employer liability, verify information, and reduce cost of rehiring and retraining. Checks will produce authenticity of information as it relates to such areas as work history, credential problems, and criminal backgrounds.
8. Human Resource Services conducts background checks using a third party vendor on classified and administrative staff prior to an offer of employment being extended. Academic Affairs conducts background checks on faculty positions. HRS also conducts background checks on employees working in student housing as required by T.C.A. § 49-7-149.
III. Budgetary Considerations
Pursuant to Policy 800 General Personnel, any new administrative positions or major changes in administrative organization must be approved by the Board.
A. If the proposed position or organizational change is submitted to the Board as part of the operating budget, it should be identified, justified, and documented but separate approval is not required.
B. If the proposed position or organizational change does not coincide with the budget cycle, it should be recommended by the President in the form of a letter to the Board which includes a full description, justification, fiscal implications, and other pertinent information.
IV. Transaction Forms, Employment Agreements, Contracts, and Letters of Agreement
A. Approved provisions for personal, professional, consultant, and dual service agreements are addressed in Policy 814 Outside Employment, Extra Compensation, and Dual Services Agreements.
1. The EEO tagline must be included on all forms.
2. The language concerning the Drug-Free Workplace Act must be included on all initial employment contracts.
3. In order to comply with T.C.A. § 49-7-133, the following sentence must be included on all contracts: It is a Class A misdemeanor to misrepresent academic credentials.
B. Department heads are advised to exercise extreme caution in connection with employment letters to personnel and any cover letters which are used to transmit personnel transaction forms, to ensure against inconsistent statements or commitments, or offers being made without proper authorization. Moreover, all personnel transactions shall comply with the principles and provisions of Policy 25 Equal Employment Opportunity, Affirmative Action, and Nondiscrimination.
V. Transaction Records and Reports
A. Records shall be developed and maintained in order to document all personnel transactions, including transactions which do not require the approval of the Board.
B. All transaction records for an employee must be maintained as provided in Policy 129 Records Retention and Disposal of Records.
References: Drug Free Workplace Act; T.C.A. §§ 49-7-133; 49-7-149; Policies 25 Equal Employment Opportunity, Affirmative Action, and Nondiscrimination; 129 Records Retention and Disposal of Records; 800 General Personnel; 814 Outside Employment, Extra Compensation, and Dual Services Agreements.