4-OP-C-7-B Employment & Recruitment | Policies and Procedures

Responsible Executive: Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: January 1, 2014

Last Revision Date: October 1, 2015

OVERVIEW

The provisions set forth in this policy are applicable to Administrative and Professional (A&P) and University Support Personnel System (USPS) positions, in all University departments.
Florida State University is committed to providing equal opportunity and nondiscrimination toward applicants and employees as it pertains to race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status.
This commitment applies in all areas employing students and all university personnel. It is also relevant to those aspects of the University concerned with the choice of contractors, suppliers of goods and services and to the use of University facilities.
University departments will welcome and encourage applications from a diverse population.
The Office of Equal Opportunity and Compliance (EOC) recommends the utilization of a search committee when recruiting for A&P vacancies pay band five (5) and above and USPS positions pay band four (4) and above. Please reference the Search and Screening Guide for additional information on ensuring a fair and compliant search.
University departments will consider applicants on the basis of previous success records and potential, as well as academic achievement, provide flexibility in evaluating experience requirements, establish search committees when required and follow the appropriate guidelines when filling a vacancy.

4-OP-C-7-B1 GENERAL EMPLOYMENT

Responsible Executive: Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: January 1, 2014

Last Revision Date: Readopted, 1 -1-14, Amended,10-1-2015; Non substantive edit 12-31 22

INTRODUCTION
- This procedure provides guidance for complying with the University's policy with regard to equal opportunity, nepotism, child labor and the hiring of non-citizens.
POLICY

OVERVIEW
1. The determination of the chosen individual for employment and promotion purposes is to be based on such factors as the individual's education, training, physical ability to perform the job, skills and proven work experience. FSU supports the principles of free speech and civil discourse. Discrimination toward applicants and employees as it pertains to race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status, is expressly forbidden.
2. Child Labor
  1. The University must comply with the provisions of Florida Child Labor Law in the appointment and employment of persons under the age of eighteen (18) years. Department's Responsibility: The hiring department is responsible for ensuring that minors employed conform to the hours of employment specified and they are not employed in occupations contrary to law. They are also responsible for assuring that verification of age has been obtained for those hired under the age of eighteen (18). To research further information regarding federal child labor law/regulations, reference Human Resources' "helpful links" page.
3. Employment of Non-Citizens
  1. Before being considered for employment, a non-citizen must possess the proper documentation from granting authority, which permits gainful employment in the United States as determined by the United States Immigration and Naturalization Service (Reference 3B-5 Non-Citizen Employment).

LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
1. BOG Regulation 1.001(5)(a)
  FSU Regulation FSU-4.001
  Section 1004.097, Florida Statutes

4-OP-C-7-B2 ADVERTISING A VACANCY

SPECIFIC AUTHORITY
- BOG Regulation 1.001(5)(a)
- FSU Regulation FSU-4.001
OBJECTIVE
- The provisions set forth in this policy are applicable to all Executive Services (AEX), Administrative and Professional (A&P) and University Support Personnel System (USPS) positions. Florida State University has specific policies and a required listing period relating to the Announcement of Vacancies and the information provided is set forth to assist departments and units seeking to fill a position vacancy.
OVERVIEW
- All position vacancies in the categories of AEX, A&P and USPS shall be listed in the FSU Job Vacancy Listing for a minimum of seven (7) calendar days unless specifically exempted, listed as "open until filled," or identified as a position which does not represent a bona fide vacancy and no announcement is required.
- The authority to advertise and fill vacant AEX, A&P and USPS vacancies has been delegated to the vice presidents and the deans for positions that report to them, either directly or indirectly through a subordinate.
- Advertisement and recruitment shall be conducted for AEX, A&P and USPS positions that have been classified and established through Human Resources.
- The following circumstances do not represent a bona fide vacancy and no announcement is required:
  1. The reassignment or demotion of an employee in an AEX, A&P or USPS position to a different position.
  2. The reclassification of a filled AEX, A&P or USPS position where no actual vacancy exists.
  3. Change of funding to/from a contract, grant, auxiliary or local fund from/to a general revenue funded position with no change in duties, responsibilities or classification if the incumbent was hired according to the university vacancy announcement procedures.
- The following types of positions are exempt from the University Position Vacancy Listing requirements under the conditions set forth below:
  1. Positions funded from newly established or newly expanded contract or grant funds where the proposed incumbents are specifically identified by name in the contract or grant. Documentation of the qualifications of the proposed incumbent shall be reviewed for appropriate position eligibility determination.
  2. Positions funded from contracts or grants, which become available because of the termination and re-establishment of a contract or grant which have the same duties and responsibilities under the re-established contract or grant.
  3. Positions to be filled by persons who have been laid off and who have recall rights under the rules or bargaining agreement.
  4. Positions of 0.5 FTE or less.
  5. A&P positions to be filled as visiting or acting appointments that do not extend beyond one (1) year.
  6. USPS positions to be filled as a temporary or emergency appointment for one (1) year or less. When the position is to be filled with a regular appointment, it must be advertised unless the university president or designee approves a waiver.
  7. Positions to be filled by an employee who completed in good standing a university educational leave program.
  8. Positions to be filled in settlement of litigation, grievance or arbitration.
PROCEDURES
- When it is determined that a position vacancy exists that is to be filled with a regular appointment and it requires advertising, the department should take the following action:
- NOTE: To advertise a vacant position, the Position Description (PD) must be less than three (3) years old and reflect current job duties.
  1. The hiring department should review the current official Position Description (PD) to determine the knowledge, skills, and abilities that should be advertised.
  2. The hiring department should identify a person or persons to establish the selection criteria, create the eRecruit job opening, and review the applications.
  3. Create and submit the eRecruit job opening in OMNI. The job opening is approved by the departmental authorizer and then routed to the assigned Employment & Recruitment Services Recruiter for review and posting on the FSU Job Vacancy Listing. Reference OMNI HR Job Aid When advertising a position designated as Time-Limited, the hiring department must identify an expected ending date for the funding.

4-OP-C-7-B3 APPLICATION FOR EMPLOYMENT

OBJECTIVE
- The provisions of this section are applicable to all individuals applying for Administrative and Professional (A&P) and University Support Personnel System (USPS) position vacancies.
OVERVIEW
- The FSU on-line job application may be accepted on a periodic or continuous basis based on university needs.
- Applications are accepted for positions which are currently advertised with a closing date or listed as open until filled. Only applications received electronically by midnight E.T. on the advertised deadline shall be included for consideration.
- Positions listed as "open until filled" may close at any time and applicant referral is discontinued when the hiring department notifies Employment and Recruitment Services that the advertising period is closed.
- Applications shall not be accepted or rejected because of the applicant's race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status except when it constitutes a bona fide occupational qualification necessary to perform the tasks associated with the position.
- Application consideration may be discontinued when it is determined there is a question concerning the qualifications, falsification of information, or a felony or first degree misdemeanor conviction related to the type of position sought.
- Eligibility for a position vacancy will be determined from the information contained on the application document. All applicable, relevant and verifiable work experience performed by the applicant on a paid or unpaid basis shall be used in determining eligibility.
PROCEDURES
- Individuals interested in submitting an application for a current vacancy should follow the instructions set forth below:
  1. Review the minimum qualifications and requirements for each position before applying.
  2. Applicants for A&P, USPS and OPS vacancies must complete the on-line Florida State University Application for Employment and submit the application for each position vacancy.
  3. The on-line application must be completed in its entirety; incomplete applications will not be processed. The application and all attachments are official records of the University and cannot be returned.
  4. Applicants for A&P vacancies are encouraged to include a resume with the completed on-line application.
  5. Current University employees must complete the on-line application via OMNI Self Service.
  6. Applicants needing reasonable accommodations for the application or selection process should notify the Office of Equal Opportunity and Compliance (EOC) forty-eight (48) hours in advance to allow adequate preparations.

4-OP-C-7-B4 INTERVIEW AND SELECTION

SPECIFIC AUTHORITY
- Bargaining Agreements for American Federation of State, County, and Municipal Employees (AFSCME), Florida Police Benevolent Association (FPBA), and Florida Nurses Association (FNA)
OBJECTIVE
- This procedure will assist departments in completing the recruitment process by developing selection criteria, selecting appropriate applicants for an interview, interview questions, and verifying education/training and work experience.
OVERVIEW
- Selection criteria is developed that will provide the basis for selecting the most qualified candidates to interview. The criteria should be established from the information contained on the position description including the duties, knowledge, skills and abilities (KSA's), and the information listed on the FSU Job Vacancy Listing, and must be job-related
- Pre-planned interview questions are developed which are tied to specific job requirements. Job-related questions are formulated to help the interviewee give behavioral examples. Open-ended questions are recommended. Where appropriate, work sample exercises may be used to determine the applicant's proficiency with a specific skill or ability. All applicants should be given the work sample exercise and should be asked the same interview questions.
- Departments must interview at least two internal applicants who are eligible under Article 9, Section 9.2 B, of the Collective Bargaining Agreement with the American Federation of State, County, and Municipal Employees (AFSCME) for the Operational Services, Administrative and Clerical, and Other Professional Bargaining Unit employees who have met the advertised requirements for the position, provided at least two have applied. The internal applicant must be covered under the same AFSCME bargaining unit of the position in which he/she is applying in order to be eligible to be covered by the language noted above.
- Departments should refer to the language of the Collective Bargaining Agreement when filling positions covered by the designated contract (FPBA, FNA and AFSCME). Reference Employee and Labor Relations.
- KSA analysis worksheets should be developed to document how applicants who are interviewed responded to the interview questions. The rating for the worksheets should be established in the order of importance of the job requirement.
  1. INTERVIEW CHECKLIST
    1. Preparation:
      1. Prior to scheduling interviews, applicants must be screened and routed by your recruiter in Employment and Recruitment services.
      2. Read and carefully review job applications. Be aware of gaps in employment history, inconsistencies, insufficient responses, or reasons for leaving last jobs. Consider how the application was completed, grammar, spelling, and if the applicant answered all the questions completely.
    2. Environment:
      1. Establish rapport by making applicant feel at ease. Maintain a good climate. The location should be a private area, there should not be interruptions and sufficient time should be allowed to conduct an effective interview. Nature of Questioning: Questions should be objective, friendly, non-argumentative, open-ended questions, job related and lawful. Conclusion: Do not make promises you can't keep, give an approximate time for the selection schedule and when an applicant may expect to hear from the interviewer. Close on a pleasant note.
  2. SELECTION
    1. Conduct reference checks (check with at least three (3) employers) to confirm information provided by the applicant and obtain an evaluation of the applicant's past job performance as it is related to the KSA's identified for the advertised position, including OPS. Reference information can be obtained in person, over the telephone or in writing.
    2. NOTE: Hiring managers should review personnel files and leave/attendance records for current or previous Florida State University employees. These records are available in Human Resources. Human Resources may, at any time, request a department to provide copies of references checks for review prior to making a job offer, or anytime thereafter.
    3. Document all information gained during the selection process. The applicant who rates highest in responses to the interview questions, and performance of work sample exercises, most closely meets the established selection criteria, and receives satisfactory reference checks should be the recommended candidate.
    4. When the final selection has been made, the Checklist for Verification of Education and Experience should be completed. The on-line version is used for all hires, and the paper version is used when the hiring process is completed off-line/on paper. The documentation used to verify this information should be included with the department application file. Applicants hired for positions requiring a college degree will be required to furnish proof of education in the form of transcripts from the granting institution, official correspondence from the institution or a copy of the degree or diploma, prior to appointment date. Proof of any required licensure or certification must be provided to the hiring department. If documentation is delayed beyond the appointment date, the candidate will be appointed as temporary or provisional status.
    5. After the selection is completed, applicants should be sent letters explaining the status of their application/interview and thanking them for their interest in our organization.
    6. Documentation on or obtained as a result of the recruitment/selection process should be maintained in the department for a minimum of four (4) years from the date the position advertisement is closed. The information obtained as a result of the Verification of Education and Experience, which may include but is not limited to copies of college degree, transcripts, and reference check forms, must be maintained by the University hiring department. A copy of any required degree, diploma, licensure, certification, test results, background check or other documentation must be submitted to Human Resources along with appointment papers.

4-OP-C-7-B5 NON-CITIZEN EMPLOYMENT

Each department head is responsible for compliance with the Immigration Laws when hiring Non-Resident Aliens ((NRA). If the NRA cannot provide the required documents, the department cannot hire the individual.
The NRA must comply with the laws of the United States, the State of Florida, and policies and procedures of the University.
Upon a change in visa status, the NRA employee must provide copies of the change to Human Resources through their department.
SPECIFIC AUTHORITY
- Florida Statutes Chapter 448.09
- Federal Immigration Laws
- BOG Regulation 1.001(5)(a)
- FSU Regulation FSU-4.001
OBJECTIVE
- This procedure is to provide guidance for complying with the Federal Immigration Laws and Florida Statutes when hiring non-citizen employees. Non-citizen employees are comprised of Permanent Residents and Non-Resident Aliens.
OVERVIEW
- Non-Immigrant: Non-Immigrants are foreign nationals who intend to remain in the United States depending on the particular non-immigrant classification, a temporary period or otherwise less than permanent period of time. There are more than 40 non-immigrant U.S. visa categories; each is used for a different but very specific purposes. Some classifications authorize temporary employment in the U.S.
- The following are the most common non-immigrant visa classifications used by non-immigrant employees at Florida State University. These classifications permit employment (with certain restrictions) of non-immigrants. Many visa types do not permit them to work while in the United States.
  - F-1 Student status:
    - Granted to a non-immigrant, solely to pursue a full course of study towards a degree. F-1 students may be permitted on-campus employment that does not displace a U.S. Citizen or Permanent Resident. Employment is limited to 20 hours per week while school is in session. Employment may exceed 20 hours per week during the annual summer semester (provided the student is not enrolled full time) or winter breaks.
    - F-1 students may also work on campus when granted authorization through Optional Practical Training, Curricular Practical Training, or Economic Hardship. Evidence of authorized Optional Practical Training, or Economic Hardship is an Employment Authorization Document issued by the Department of Homeland Security. It is valid for a specific period of time. Curricular Practical Training is authorized by a school's Designated School Official and is noted on page three of the students I-20 Certificate of Eligibility for Non-immigrant (F-1) Status.
  - H-1B Temporary work:
    - H-1B employees may work for the petitioning employer under the terms and conditions of the petition that was submitted to the Department of Homeland Security. Departments wishing to employ a non-immigrant in H-1B status must work with the Center for Global Engagement to submit a petition on behalf of the worker. Workers currently in H-1B status with another employer cannot begin employment at FSU until the Department of Homeland Security has received a petition submitted by FSU on behalf of the worker. Changes in the employing department or in the terms and conditions of the employment must be discussed with the Center for Global Engagement. They may require submission of an amended petition. Appointments cannot be extended beyond the approved H-1B visa status expiration date. H-1 employees may be funded through OPS funds or may occupy a salaried line on a temporary basis.
  - J-1 Exchange Visitor:
    - J-1 Exchange Visitor are sponsored by an organization which has been approved by the U.S. Secretary of State for Exchange Visitor sponsorships. Florida State University is such an organization. Employment of such visitors IS permitted, subject to the financial need that has arisen since issuance of the visa. Employment of non-student visitors is permitted provided that certain criteria are met.
  - J-1 Exchange Visitors (with DS-2019 forms issued by Florida State University):
    - J-1 Exchange Visitors holding a DS-2019 form issued by Florida State University may be employed under certain conditions, depending on the category under which the form is issued.
  - J-1 Exchange Visitor Research Scholars:
    - FSU may employ research scholars for work in the field of study indicated on the DS-2019 form. While employment should involve research, research scholars are also permitted to teach. Researchers in J-1 status may not hold tenure or be employed in a tenure-earning position.
  - J-1 Exchange Visitor Professors:
    - FSU may employ J-1 Exchange Visitors in the professor category in a teaching or research capacity in the academic field noted on the DS-2019 form. Faculty in J-1 status may not hold tenure or be employed in a tenure-earning position.
  - J-1 Exchange Visitor Short-term Scholars or Specialists:
    - Exchange visitors in these categories may engage in employment for FSU that is relevant to the academic field listed on the DS-2019 form.
  - J-1 Exchange Visitor Students:
    - J-1 Exchange Visitor students with DS-2019 forms issued by Florida State University may be employed on campus if they have requested and obtained written authorization from the Center for Global Engagement. Employment is generally restricted to no more than 20 hours per week, except during the annual summer vacation or semester breaks. J-1 Exchange Visitor students may also obtain authorization to work through Academic Training, authorized in advance by the sponsor's Responsible or Alternate Responsible Officer. J-1 students working through Academic Training will have a letter from their program sponsor that outlines the specific employment, its full or part-time nature, and the dates for which it is authorized.
  - J-1 Exchange Visitors (with DS-2019 forms issued by an organization other than Florida State University):
    - J-1 Exchange Visitors who have a sponsor other than Florida State University must have written authorization from their program sponsor before they can be authorized for employment at Florida State University, except in the following situation: Exchange Visitors in the Research Scholar, Professor, or Trainee categories who are sponsored by another organization, but whose DS-2019 form shows FSU as the site of activity, are specifically authorized for work with the DS-2019 alone. The category appears in Box 4 of the DS-2019 form. Any FSU income should appear in Box 5 of the DS-2019 form.
  - J-2 Exchange Visitor dependents:
    - J-2 dependents may engage in unrestricted employment if they have requested and obtained an Employment Authorization Document (EAD) from the Department of Homeland Security. Employment is valid only for the period of time listed on the EAD.
  - TN (Treaty NAFTA):
    - Canadian or Mexican nationals admitted in TN status with documentation from Florida State University may be employed by FSU in the occupation through which they were granted TN status.
  - Others:
    - For information about other nonimmigrant classifications that permit employment by Florida State University, please contact the Center for Global Engagement and/or Employee Data Management for assistance.
- NOTE: For other types of Visa statuses, contact Employee Data Management for assistance. For additional information on Non-U.S. Citizens visit Non-U.S. Citizens Information.

4-OP-C-7-B6 TELECOMMUTING

SPECIFIC AUTHORITY
- Florida Statutes Chapter 110.171
OBJECTIVE
- This policy is to establish procedures, eligibility requirements, criteria, and responsibilities for approving requests for telecommuting. This guideline is written in accordance with Florida Statutes.
OVERVIEW
- Telecommuting is the opportunity for an employee to perform his or her job at a location other than the office or usual place of work through the use of computers or other telecommunications. Telecommuting is intended to create flexible work arrangements that serve both the need of the employee and his or her work unit. Telecommuting is one of the many benefits the University offers. It is not an entitlement for any employee. All telecommuting arrangements must be in accordance with the policy outlined below.
PROCEDURE
- Before an employee may begin telecommuting, formal approval from the appropriate Vice President and Human Resources (HR) is required. Telecommuting without prior approval may result in disciplinary action.
- If the employee’s department has determined that the duties may be performed by telecommuting and if the supervisor and employee agree to a telecommuting arrangement, the employee should complete a Telecommuting Agreement Form and submit it, with the Supervisor’s approval, to the appropriate Vice President for approval. The approved agreement must then be sent to Human Resources for final approval by the Assistant Vice President and Chief Human Resources Officer and will be retained in the employee’s official personnel file.
GENERAL
1. Criteria for Consideration:
  1. The following characteristics should be considered when reviewing an employee’s request to telecommute. The employee should be:
    1. Self-motivated
    2. Have a proven history of dependability
    3. Independent worker who requires minimal supervision
    4. Well organized with good work habits and time management skills
  2. The department head will determine:
    1. If an individual employee is a good candidate for telecommuting
    2. Whether the nature of work is suitable for performance at a remote site
    3. Whether the proposed arrangement will be fair to all employees and in the best interest of the department
  3. Additional consideration should be given to the:
    1. Reason for the request
    2. Amount of hours requested
    3. History of leave usage of the employee and the leave balances
    4. Factors affecting the employee’s work schedule such as Family and Medical Leave Act (FMLA) or Parental Leave
    5. Reasonable accommodation requests under the Americans with Disabilities Act (ADA)
2. Compensation:
  1. Telecommuters will be compensated for work performed and paid leave taken as though duties were being performed at the office or usual work place.
  2. Overtime shall not be worked unless authorized in advance by the supervisor. Failure of the employee to obtain advance approval to work overtime may result in appropriate disciplinary action.
3. Eligibility Requirements:
  1. Requests will be considered on an individual basis to determine if the duties of the position can adequately be performed by telecommuting. A current position description (less than 3 years old from the date of the Telecommuting Agreement) must be on file in Human Resources.
  2. The employee must: have successfully completed probationary status; have a satisfactory evaluation, or if no evaluation has been completed, meet or exceed his/her required performance standards; not be on notice of contract non-renewal or cancellation; not be involved in any active disciplinary action; and not be on a performance improvement plan.
  3. Telecommuting should be voluntary.
  4. The arrangement must be in the best interest of the University and department, as well as the employee.
  5. The Department or Human Resources may terminate the agreement at any time with written notice.
  6. Tasks and objectives to be handled while telecommuting should be clearly outlined before approval is granted. The primary tasks for telecommuting should not be handling email correspondence and phone calls.
  7. An employee requesting telecommuting with medical reasons and/or parental leave will be required to contact the FMLA Administrator to determine eligibility for FMLA coverage. FMLA medical certification will be used to determine eligibility for telecommuting.
  8. If an employee is requesting to telecommute after release from receiving in-patient care in a hospital or other medical facility, medical clearance must be obtained prior to approval. No telecommuting may be approved for at least 48 hours after being released from the hospital or other medical facility.
  9. Employees who have given birth may not telecommute for a minimum of four (4) weeks after birth regardless of medical clearance. Medical clearance will be required for telecommuting beginning the fifth week following birth.
  10. If a child or dependent is present during scheduled work hours, arrangements must be made for the care of the child or dependent by someone other than the employee and the specifics of the arrangements may be requested by HR to be submitted with the Telecommuting Agreement.
  11. Telecommuting shall not be substituted for leave under any circumstance. The employee must follow regular Attendance and Leave protocol as outlined in the Attendance and Leave policies and procedures.
4. Equipment:
  1. The University will not provide maintenance on an employee’s personal equipment used in telecommuting or costs for personal utility or other expenses associated with telecommuting. The employee is liable for any damage or loss other than normal wear and tear to all University property assigned for telecommuting purposes.
5. All employees are responsible for complying with University guidelines, policies and procedures pertaining to outside employment and should not engage in any outside employment activities during time worked telecommuting. Failure to adhere to University guidelines, policies and procedures may result in termination of the Telecommuting Agreement and disciplinary action.
RESPONSIBILITY AND ACCOUNTABILITY
1. Employee Responsibilities:
  1. The employee should initiate the request by preparing the Telecommuting Agreement and any additional formal proposal that may be required by the department or Human Resources.
  2. The employee should be able to perform all essential functions and assigned duties as outlined by the Telecommuting Agreement, including contact with co-workers, customers or students as determined by the supervisor and department head.
  3. The employee must work with the supervisor and department head to determine working hours, how work will be assigned and performance measures. The employee must be available at the telecommuting work site during the working hours identified in the Telecommuting Agreement,
  4. The employee is responsible for ensuring University equipment is safe and that the off-site workplace is ergonomically sound, safe and secure. Environmental Health and Safety can provide the employee with a form that gives the guidelines for proper office workstation set-up.
  5. At all times during telecommuting, the employee must maintain the appropriate level of professional demeanor and represent the University with respect and dignity. The employee is not to conduct “face-to-face” University business at the telecommuting site with anyone external to the University. Conducting face-to-face University business with internal personnel requires approval by the appropriate authority and should be on a limited basis.
  6. The supervisor must approve any changes to the employee’s work schedule in advance. Telecommuting shall not be substituted for leave under any circumstance. Regular attendance and leave protocol must be followed as outlined in the attendance and leave policies and procedures as well as regular department protocol.
  7. The employee must agree not to provide personal care for a child or dependent adult during scheduled work hours. Should a child or dependent adult be at the work site, the employee is responsible for ensuring that another responsible individual remains present to provide primary care for the child or other dependent.
2. Manager Responsibilities:
  1. If the department head and an employee agree to a telecommuting arrangement, the Telecommuting Agreement Form should be completed and submitted to the appropriate Vice President and then to Human Resources for review and approval before the start of the telecommuting arrangement.
  2. Ensure that the employee is subject to the same rules regarding attendance, leave and performance reviews as other employees as applicable.
  3. The Telecommuting Arrangement should cover the days of the regular workweek. The supervisor should ensure that the employee adheres to the work hours approved in the Telecommuting Agreement. Telecommuting shall not be substituted for leave under any circumstance. Regular attendance and leave protocol must be followed as outlined in the attendance and leave policies and procedures as well as regular department protocol.
  4. If the employee is non-exempt, the supervisor must communicate to the employee that he or she is not allowed to work overtime without prior management approval. Additionally, the supervisor must provide appropriate supervision and guidance for non-exempt employees given the remote location of the work site.
  5. The manager should ensure communication to the telecommuting employee occurs outlining appropriate professionalism and conduct while completing tasks and objectives off-site.
  6. If the terms of the Telecommuting Agreement change, Human Resources must be notified immediately for review and approval and a new agreement may need to be submitted.

4-OP-C-7-B7 TEMPORARY/OPS APPLICANTS

SPECIFIC AUTHORITY
- BOG Regulation 1.001(5)(a)
- FSU Regulation FSU-4.001
OBJECTIVE
- This procedure will assist University departments in their need for temporary employees and with the establishment of their own applicant pool. It will eliminate the need for redundant advertising for temporary staff by the University departments.
OVERVIEW
- Florida State University, on an ongoing basis, accepts applications from individuals seeking temporary employment. All OPS/Temporary job vacancies are advertised on the FSU job vacancy posting and require submission of an on-line job application. The applicant can apply to a specific OPS/Temporary job opening or they can submit their application to the OPS Express Pool opening. Applicants will receive an e-mail once they submit their application confirming the submission of their on-line job application. The applicant will be contacted by the hiring department if they are selected to interview for an OPS/Temporary job vacancy. Eligibility determination is not required for OPS appointments.
PROCEDURES
1. Departments must hire all OPS/Temporary employees through eRecruit, except for graduate assistants (teaching and research - M9182, M9184, W9185 and Z9185) reference 4-OP-C-7-H2. The department can elect to post an OPS job opening establishing their own applicant pool, using it to fill up to 999 openings or the hiring department can elect to use the OPS Express job opening to hire an applicant. The OPS Express is created by ERS each semester, and departments can instruct their applicants to apply to this job opening. By utilizing the OPS Express, the departments do not have to create/post a job opening.
2. If the department elects to post an OPS job opening, they can review the applicant pool and select qualified applicants to interview/hire.
3. All Department Reps have access to view applications submitted to the OPS Express. Department Reps may browse the list of applicants and review the applications.
4. Once the department has decided on an applicant to hire, the department can prepare and submit the job offer.
5. After submitting the job offer the department shall submit all backup paperwork to Employee Data Management in HR. Reference Job Aid.

4-OP-C-7-B8 EXAMINATIONS

SPECIFIC AUTHORITY
- BOG Regulation 1.001(5)(a)
- FSU Regulation 4.001
- Florida Police Benevolent Association Contract, Article 9
OBJECTIVE
- To assist university departments by defining the methods and responsibilities for administering tests and examinations needed to complete the selection of prospective employees.
OVERVIEW
- Employment applications for all prospective employees are screened by Employment and Recruitment Services to insure that all eligibility requirements are met to include tests and examinations.
- Applicants seeking referral for positions requiring a typing test are evaluated for typing skills based on the needs of the position as defined by the hiring department. Some staff support positions do not involve heavy typing but rather support the unit with incidental word processing, receptionist or non-typing duties.
- Current FSU Law Enforcement Staff shall be evaluated for promotion based on their successful completion of the appropriate Law Enforcement promotion exam. The notice to submit a request to take the exam is posted in November of each year. The "Request to Take Law Enforcement Promotion Exam" must be received by Human Resources no later than 5:00 p.m. the first business day after January 1 of each calendar year.
- When identified by position duties some positions will be advertised with a requirement of a pre-employment drug test and/or a police background check. The advertisement will contain a statement advising applicants that the position has these requirements.
PROCEDURES
- When the requirements for university positions exclude the need for a timed typing test, the departments may hire applicants possessing typing skills, but who have not passed an official typing test. Departments will justify this in a memo documenting how the applicant's skills meet the needs of the position.

4-OP-C-7-B9 EMPLOYMENT REFERENCES

SPECIFIC AUTHORITY
- Florida Statutes Chapter 768.095 and 760
OVERVIEW
- As a FSU supervisor or manager you may be contacted to provide a reference check on a current or former employee of FSU. If so, it is recommended that you provide such a prospective employer with (1) Job Title and Duties and Responsibilities, (2) Dates of Employment, and (3) Ending Salary. If a prospective employer requests evaluative information the best sources of such information are the performance evaluations and other job related information found in official personnel files in Human Resources. Please be aware that employee evaluative records created before July 1, 1995, are generally considered limited-access records by interpretation of the BOR counsel and as followed by the SUS institutions. You may refer a prospective employer requesting such information to the Records Section of Human Resources to schedule a file review of a current or former USPS or A&P employee of FSU.
- Section 768.095, Florida Statutes, provides limited liability to employers for providing requested reference information on current or former employees unless the information disclosed is knowingly false or violates any civil right of the former or current employee protected under Chapter 760, F.S.

OP-C-7-B10 SUBSTITUTION OF EQUIVALENT EDUCATION, TRAINING AND EXPERIENCE FOR REQUIRED COLLEGE DEGREE

SPECIFIC AUTHORITY
- BOG Regulation 1.001(5)(a)
- FSU Regulation FSU-4.001
OBJECTIVE
- Delegate to Deans, Directors, Department Heads, or their designee, the authority to waive the degree requirements for Administrative and Professional (A&P) and/or University Support Personnel System (USPS) positions as well as establish guidelines when a waiver is warranted. Degrees may be waived, with certain exceptions, when education and/or experience possessed by an applicant can be substituted for the required degree because it has been determined to be equivalent. This will expand the pool from which employees can be selected, increase the opportunity to attract key talent, and provide a greater measure of flexibility when filling positions. The policy replaced the Chancellor's Memorandum CM-94-06, Delegation of Authority to Approve Degree Waivers for Selected Administrative and Professional Classes, which was rescinded with Universities having the authority to develop their respective rules due to devolution.
OVERVIEW
- Florida State University Equivalent Education, Training and Experience Policy is consistent with the University's policy to hire the most qualified person for a position. The Equivalent Education, Training and Experience Policy will increase the quality of the workforce and will assist with recruiting of individuals in hard-to-fill positions. The policy is among several initiatives intended to achieve a qualified, high performing and diverse workforce.
  1. PROCEDURE
    1. University Deans, Directors, Department Heads and/or their designee may waive required degrees by approving an applicant's knowledge, skills, ability, education, training, and experience as equivalent to the knowledge, skills, abilities, education, training, and experience required for A&P and USPS positions if the equivalency is documented and based on the following criteria for assessing an applicant's education and work experience:
      1. The total quantity of the applicant's knowledge, skills, abilities, education, training and experience equals or exceeds the total quantity of the knowledge, skills, abilities, education, training and experience established for the position;
      2. The quality and type of the applicant's knowledge, skills, abilities, education, training and experience is equivalent to the quality and type of knowledge, skills, abilities, education, training and experience established for the position;
      3. The applicant's knowledge, skills, abilities, education, training and experience is related to the knowledge, skills, abilities education, training and experience necessary for the successful performance of the duties of the position;
      4. The acceptance of equivalent knowledge, skills, abilities, education, training and experience is announced as a consideration on the job vacancy announcement; and
      5. The position does not require licensure or certification, which requires a degree from an accredited institution.
    2. The Human Resources Offices of Classification, Compensation and Employment and Recruitment Services will provide guidance on applying the above criteria and will determine which positions mandate a degree, certification and/or licensure, when appropriate. A Question and Answer information sheet is also available for guidance.
    3. Every determination of equivalency shall be documented and maintained with the appropriate file as required by Florida public records law.
  2. EQUIVALENCY RATINGS
    1. Substituting equivalent education and/or experience for A&P and USPS positions may be prorated based on, but not limited to, the following:
      1. Evaluating Education
        
        An Associate of Arts or Associate of Science degree may or may not represent two years of experience depending on the nature of the program and position.
        
        A Bachelor's Degree in an appropriate area of specialization represents four years of experience.
        
        A Master's Degree represents a Bachelor's Degree and two years of experience in an appropriate area of specialization OR six years of experience in an appropriate area of specialization.
        
        A Doctorate Degree represents a Master's Degree, the completion of a doctoral program and the awarding of a doctorate from an accredited university or college. The amount of experience, if any, which may be substituted above the six years represented by a Master's Degree depends upon the degree program requirements and other factors to be considered on an individual basis.
        
        College education in a relevant field of study and at the appropriate level may substitute at the rate of 30 semester or 45 quarter hours for each year of the required work experience.
        
        Vocational/technical training may substitute at the rate of 720 classroom hours per year for each year of the required work experience depending on the nature of the program and position.
      2. Evaluating Work Experience
      - Designated university managers and/or hiring authorities shall approve an applicant's work experience in an appropriate area of specialization as an equivalent substitute for the required college education on a year for year basis.
        
        The amount of work experience used to substitute for the required college education shall be based on the level of specialization required by the minimum qualifications.
        
        The amount of work experience used to substitute for the required college education shall be based on the amount of time worked in appropriate area of specialization.
        
        Any relevant work experience paid or unpaid shall be considered as substitution for required college education.
        
        The job title, rank and pay band may be used in determining if job experience can substitute for the required college education.
  3. NON-DISCRIMINATION AND FAIR EMPLOYMENT
    1. This policy shall not be used to abridge the requirements of equal opportunity and fair employment afforded by other University policies and procedures.
  4. DEFINITIONS/TERMINOLOGY
    1. Ability--The capacity to perform an observable behavior or produce a product.
    2. Association--The common linkage or involvement in an activity or subject area.
    3. Class Specification--A document developed by Human Resources with each position's class code, title and which defines examples of work performed.
    4. Experience--Work in a specific field or program generally outlined in the minimum qualifications for a position and determined necessary to perform successfully.
    5. Equivalent--Education and/or experience that may be substituted for education and/or experience required in the minimum qualifications and position description of a particular job classification.
    6. Knowledge--The organized body of information, facts or principles that a person must possess for successful job performance.
    7. Minimum Qualifications--Experience, training, education, licensure, certification, or a combination thereof, that provides appropriate job-related evidence that a person can perform the essential functions needed to be successful in a job classification.
    8. Skill--The level of proficiency in certain tasks that a person must possess in order to be successful in a particular job classification.
    9. Substitution--Accepting the education and/or experience possessed by an applicant as equivalent to the education and/or experience required in the minimum qualifications and position descriptions of particular job classifications.
  5. DEGREE WAIVER BY SUBSTITUTION OF EQUIVALENT EDUCATION AND/OR EXPERIENCE QUESTIONS & ANSWERS
    1. Does this policy mean that minimum qualifications for job classifications will no longer exist?
      1. Minimum qualifications will still be maintained under the current classification system for each position. However, minimum qualifications will reflect supplemental language that suggests equivalent education and/or experience may be substituted for the required education and/or experience, as they are updated.
    2. How does this policy differ from what we are currently doing?
      1. Currently, all A&P positions require a degree. Where the need exists, a hiring authority may request to waive a degree requirement through a designated office in cases where the applicant has outstanding professional experience, has obtained subsequent education towards a degree, has had continued professional development or instances where compelling University needs are met.
      2. Under the new policy, where the need exists and when appropriate, a university manager or designated hiring authority may waive a degree by substituting equivalent education and/or experience for the education and/or experience required. This is consistent with the purpose and intent of the existing policy to improve employee retention of high performing internal candidates who may not possess a degree and allow greater flexibility in recruiting for hard-to-fill positions. In addition, the implementation of this new policy will help reduce the number of complaints from persons with exceptional experience, but lack a degree.
    3. What are the expectations for hiring officials as it relates to accountability when it comes to no longer requiring a degree?
      1. Hiring authorities are charged with hiring the best possible candidate for their specific position, keeping in mind the unique knowledge, skills and abilities required for the position. Hiring officials will continue to be responsible for their employment and recruitment actions during each phase of the process. Consistency in implementation and documentation of all actions taken is an ongoing expectation.
    4. How do I know the minimum qualifications for a position and whether it requires a degree?
      1. Human Resources Offices of Classification, Compensation and Employment and Recruitment Services will continue to assist with developing minimum qualifications and what is considered appropriate training and experience. Minimum qualifications are found as part of the classification specifications for each position. Minimum qualifications will reflect supplemental language that indicates equivalent education and/or experience that may be substituted for the required education and/or experience according to the class specification and guidance provided by Human Resources.
    5. If I advertise a position with a degree requirement, may I subsequently hire someone without a degree?
      1. Once a position is advertised, hiring officials must consider the requirements indicated in the advertisement. In a case where a degree is advertised as part of the minimum requirements, without some provision for an equivalent substitution, the hiring official must re-advertise the position with new minimum requirements before a candidate without a degree may be considered.
    6. What if the hiring official does not want to re-advertise a position?
      1. In this case, the hiring official is advised to consider a candidate that applied during the original advertisement or seek a waiver of re-advertisement through the Office of Equal Opportunity and Compliance (EOC).
    7. Must positions still be advertised when a degree is not required?
      1. All regular A&P and USPS positions are required to be advertised for at least seven calendar days, regardless of minimum qualifications. It is the responsibility of hiring officials to contact the Human Resources Office of Employment and Recruitment Services in order to arrange for position advertisement.
    8. Should the position description (PD) be updated to reflect changes in education and experience requirements?
      1. In addition to the assistance provided by Human Resources Office of Employment and Recruitment Services, the Office of Classification and Compensation will ensure that all PD's and class specifications are updated. Thus, there is no need to update each individual PD.
    9. If equivalent education or experience is allowed to substitute for the required education or experience as part of the minimum qualifications, must candidates still be screened and routed by Employment and Recruitment Services prior to being contacted for an interview?
      1. A candidate must be screened and routed by Employment and Recruitment Services prior to the hiring official contacting the individual for an interview to ensure that the candidate is eligible to be hired into the specific position. This practice ensures that there are no misunderstandings and mitigates possible liability with regard to claims of discrimination.
    10. Does the Office of Equal Opportunity and Compliance (EOC) have to approve equivalent substitutions for required education and/or experience?
      1. The hiring official no longer has to receive approval from the Office of Equal Opportunity and Compliance (EOC) to waive a degree or substitute equivalent education and/or experience for the required education and/or experience. Hiring officials using guidance provided by the Human Resources Classification, Compensation as well as Employment and Recruitment Services sections may waive degree requirements to make all equivalent substitutions.
    11. Can current USPS positions be reclassified to an A&P position with the policy to substitute equivalent education and/or experience for required education and/or experience?
      1. The proposed policy does not preclude the care given to ensure that positions meet appropriate standards in terms of classification. Therefore, any need or request to reclassify a position must be forwarded to the Human Resources Office of Classification and Compensation for consideration.
    12. As part of the employment process, is the hiring department still required to provide proof of a degree or education when used as part of the eligibility certification process?
      1. Proof of a degree or education will remain part of the employment process and, therefore, will still be required.
FORMS
1. No forms associated with this policy.

4-OP-C-7-B11 CRIMINAL HISTORY BACKGROUND CHECKS

Responsible Executive: Finance and Administration

Approving Official: Vice President of Finance and Administration

Effective Date: September 12, 2017

Last Revision Date: 1-10-2017; 8-1-2015; 1-1-2014 readopted

INTRODUCTION
1. The Criminal History Background Check policy supports Florida State University’s efforts to promote a safe and secure environment for all students, employees, and visitors. All final candidates for employment with Florida State University for Faculty, AEX, A&P, USPS, and OPS positions, as well as some volunteers and University contractors, may be subject to criminal history background checks. Additionally, current AEX, A&P, USPS, and OPS employees and certain volunteers of the University may be subject to criminal history background checks when being considered for a new position/role, or when University management, in conjunction with the Office of Human Resources, Employee & Labor Relations section, has a justifiable reason pursuant to University procedures, policies, and practices. Current faculty members are not subject to criminal history background checks, unless required by law or when University management, in conjunction with the Office of Human Resources and the Office of Faculty Development and Advancement, has a justifiable reason pursuant to University procedures, policies, and practices. The need to conduct these background checks must be balanced with the need to protect the privacy of the applicant or employee.
POLICY
1. Types of Criminal History Background Checks
  1. Standard Criminal History Background Check (Standard Level Check): includes a seven-year county criminal history search, a Florida Department of Law Enforcement (FDLE) statewide search, a national criminal database search, a federal criminal search, and a National Sex Offender search.
  2. Level 2 Criminal History Background Check (Level 2 Check): includes all components of the Standard Check, plus an FDLE statewide and FBI nationwide fingerprint-based check, and notification of any warrants or domestic violence injunctions the individual may have.
  - An International Criminal History Background Check must be conducted if a candidate has resided in another country for six months or more within the past seven years.
2. Criminal History Background Check Requirements
  - This policy applies to advertised and unadvertised positions. All advertised University positions that require a criminal history background check must have the requirement stated in the posting. This applies to both internal (OMNI HR) and external postings. The requirement to undergo a criminal history background check must also be listed in the official Position Description for AEX, A&P, and USPS positions. All criminal history background checks are coordinated by the Office of Human Resources, Employment & Recruitment Services section.
    1. Pre-Employment Checks
      1. Employees/volunteers cannot begin employment/volunteer assignments without successful completion of the required criminal history background check, unless prior written approval has been received from the Chief Human Resources Officer.
        
        For salaried Faculty, AEX, A&P, and USPS positions:
        
        A Standard Level Check is required on all final candidates.
        
        A Level 2 Check is required for positions either when mandated under federal or state law or when designated by the University as positions of special trust or responsibility (reference Section 110.1127, Florida Statutes), with any of the following duties:
        
        Providing care, treatment, education, training, instruction, supervision, or recreation to minors or other vulnerable populations (reference HR Glossary of Terms, Vulnerable Populations).
        
        Exceptions:
        
        Students admitted to/enrolled in University courses at FSU are not considered “minors” for the sake of this policy.
        
        A Level 2 background check will not be required on a volunteer if assisting with a program, activity, or group where all of the following apply:
        
        They are volunteering on an intermittent basis for less than 10 hours per month, and
        
        They will not be considered responsible for any vulnerable population, and
        
        Others designated as responsible for any vulnerable population who have been properly screened are always present and in direct line of sight, and
        
        There is no possibility that the volunteer would be left alone with a vulnerable population under any circumstances.
        
        Even if a volunteer meets this exception, the Office of Human Resources will conduct a National Sex Offender Database Search on the individual before they begin volunteer service. If unfavorable results return, the volunteer will be disqualified from participation.
        
        Positions classified as Vice President level or above by job code/administrative code.
        
        Positions with the FSU Public Safety Department (see Section 943.13, Florida Statutes) and positions with the FSU Panama City Campus Police and Public Safety Department.
        
        Working with regulated materials regardless of quantity [e.g. Select Agents or Toxins (42 CFR 73.10), DHS Chemicals of Interest (6 CFR 27, App. A), DEA Controlled Substances (21 CFR 13101.90), NRC Radioactive Material (NRC EA-07-305) or those in facilities covered by a DOT Security Plan (49 CFR 172.800)], or for other positions/roles or contracted individuals that may have unescorted access to these materials.
        
        If required by granting agencies for grants and contracts.
        
        For OPS candidates (including OPS Faculty, Graduate Assistants, Postdoctoral Scholars, and Federal Work Study) and Volunteers:
        
        A Standard Level Check is required only if their duties involve any of the following:
        
        Performing fiscal duties to include budgeting, accounting, or having direct access to cash (except petty cash), checks, and/or credit/debit cards to include making and/or receiving payments.
        
        Possessing system access that provides the ability to process payments, print or distribute checks, process corrections, or generate, update, or approve financial transactions that will result in the disbursement of University funds.
        
        Control over University-wide operational processes through functional roles or system security access (e.g., restricted level access to institutional systems).
        
        Access to sensitive, secure, and/or confidential personal information on individuals, such as students, faculty, staff, or alumni (e.g., social security numbers, dates of birth, financial account numbers, etc.).
        
        Unrestricted access to department property inventory.
        
        Authorization for a grand master or building master key and/or equivalent level FSUCard for building access (Reference Policy 4-OP-B-2 on Issuance of Keys/Access Control for key level definitions.).
        
        A Level 2 Check is required if assigned any duties of special trust or responsibility as defined above in Section II.B.1.a.2.
        
        All Job Offers are contingent upon the successful completion of the University’s onboarding process and approval must be received from the Office of Human Resources for all appointments before the start of employment/volunteer service.
        
        If a pre-employment criminal history background check is required, favorable results and approval must be received from the Office of Human Resources before the start of employment/volunteer service.
        
        The following contingent language must be included in all Offer Letters: “Your job offer is contingent upon your successful completion of the University’s onboarding process before your start date, which may include a criminal history background check as well as compliance with State and University requirements.”
        
        Criminal History Background Checks shall not be conducted more than 120 days (four months) before an employee’s start date, unless pre-approved by the Office of Human Resources.
    2. Checks on Current Employees/Volunteers
      1. Current employees/volunteers may be subject to a criminal history background check due to internal movement, reclassification, additional appointments, additional duties, or other justifiable reasons. The requirements are as follows:
        
        Internal Movement: Internal movement refers to advertised and non-advertised actions including: promotions, laterals, demotions, reassignments, and transfers.
        
        AEX, A&P, and USPS employees, or other employees moving into such positions, require a Standard or Level 2 Check if the new duties meet the criteria above in Section II.B.1.b.1 or Section II.B.1.b.2.
        
        Salaried Faculty members, or other employees moving into such positions, require a Level 2 Check if the new duties meet the criteria above in Section II.B.1.a.2.
        
        OPS employees (including OPS Faculty and Federal Work Study), or other employees moving into such positions, require a background check if the duties meet the criteria above in Section II.B.1.b.1 or Section II.B.1.b.2. Additionally, if an OPS employee (except for Graduate Assistants) is unfunded for 90 days or more, a new check is required if the duties meet the criteria above in Section II.B.1.b.1 or Section II.B.1.b.2.
        
        Graduate Assistants with new duties that meet the criteria above in Section II.B.1.a.2, require a Level 2 Check. Graduate Assistants who have undergone a background check are not required to complete another background check of the same level during their assistantship.
        
        Current Volunteers moving into a new volunteer role require a background check if the new duties meet the criteria above in Section II.B.1.b.1 or Section II.B.1.b.2.
        
        Additional Appointments or Duties: a background check is required for any employees receiving additional appointments or duties if the new responsibilities require a higher level check than previously conducted (reference Section II.B.1.a. and Section II.B.1.b.)
        
        Reclassification of Faculty, AEX, A&P, and USPS positions: A Level 2 Check will be required if the new duties meet the criteria above in Section II.B.1.a.2, if one has not previously been completed.
        
        Exceptions: If the employee/volunteer has had the same level of check within 1 year (12 months) of the anticipated start date, the Office of Human Resources will reference the background check on file for the new appointment/role.
        
        A criminal history background check may be conducted on a current employee for compliance purposes (e.g., required by law) or if the University management has reason to believe an employee falsified the employment application, or for other justifiable reasons. The Office of Human Resources, Employee & Labor Relations or Faculty Relations sections, shall be consulted:
        
        Before any criminal history background checks are performed on current employees who are not applying to an advertised position or being reclassified in their current position; and
        
        Will provide guidance to the department if a current employee’s criminal history background check reveals any previously undisclosed felony or first degree misdemeanor charges.
        
        All current employees (excluding Faculty) must inform their supervisor within two business days if arrested for any felonies or first degree misdemeanors (or the equivalent thereof in another state). The employee must also notify their supervisor of the final disposition of their case within two business days. In both circumstances, the supervisor must immediately consult with the Office of Human Resources, Employee & Labor Relations section, to determine if the offense is job related and for additional guidance.
    3. Checks on Returning Former Employees/Volunteers
      1. All former employees: A background check is required if terminated in OMNI HR for 31 days or more and the new duties meet the criteria above in Section II.B.1.a. or Section II.B.1.b.
      - Additionally, with the exception of Graduate Assistants, OPS who are unfunded for 90 days or more require a new background check before funding will be reinstated, if the duties meet the criteria above in Section II.B.1.b.1 or Section II.B.1.b.2.
      1. If terminated in OMNI HR for less than 31 days, the Office of Human Resources will reference the last background check on file if conducted within the last year (12 months). If no background check has been completed within the last year or a higher level check is required, a new check must be conducted.
      2. For Volunteer roles that require a background check (reference Section II.B.1.b.1 or Section II.B.1.b.2), a new check is required for any break in volunteer service of 90 days or more. Otherwise, the Office of Human Resources will reference the last background check on file.
    4. Summer Camps
      1. Summer Camp Candidates & Volunteers: each year all new and current candidates or volunteers being considered for a summer camp must have a Level 2 Summer Camp Background Check by The Florida Department of Children and Families (DCF) through the Care Provider Background Screening Clearinghouse. Refer to the Summer Camp Page of the Background Check Website for additional details and the required forms.
      2. Summer Camp Background Checks must be conducted within 60 days before the start of employment or volunteer service with the camp.
3. Criminal History Background Check Results
  1. If a criminal history background check reveals any criminal history, the Human Resources Criminal History Background Check Committee will review the report and make a recommendation to the department. If the candidate is applying for a faculty position, the Office of Faculty Development & Advancement and/or the Office of the Provost will review all adverse actions before they become final.
    1. The existence of criminal history does not automatically disqualify individuals from employment. Each case will be reviewed on its own merits with respect to the factors outlined below; however, any false answers, statements, or omissions made on the employment application may be grounds for rejection as a candidate for employment or immediate discharge, if employed.
    2. In accordance with Equal Employment Opportunity Commission (EEOC) guidelines, the Human Resources Criminal History Background Check Committee takes the following factors into consideration when reviewing criminal history records:
      1. The nature and gravity of the offense or conduct;
      2. The time that has passed since the offense, conduct and/or completion of the sentence; and
      3. The nature of the job held or sought.
    3. FSU complies with the Fair Credit Reporting Act when completing background checks.
  2. An unfavorable background check for one position does not prohibit an applicant from applying and being considered for other positions.
4. Other Considerations
  1. Generally, departments are not authorized to conduct background check investigations independently; however, certain departments are required to ensure completion of special background screening per Florida Statutes. This special level of screening must be done in consultation with the Office of Human Resources, but is not performed by the Office of Human Resources. The department is responsible for submitting documentation of special screenings to the Office of Human Resources for review and approval. This includes Background checks performed pursuant to the following Florida Statutes:
    1. Screening at the school district level per Section 1012.32, Florida Statutes.
    2. Screening for child care centers per Section 402.305, Florida Statutes.
    3. Screening for summer camps per Section 409.175, Florida Statutes.
    4. Screening for FSU Law Enforcement Officers per Section 943.13, Florida Statutes.
  2. In accordance with Section 435.06, Florida Statutes, any person who refuses to undergo a criminal history background check or refuses to submit fingerprints may be disqualified for employment or, if employed, may be dismissed.
  3. In accordance with Section 775.16, Florida Statutes, any prospective Faculty, AEX, A&P, USPS, and OPS candidates who have been convicted of a felony for the sale of or conspiracy to sell or traffic a controlled substance committed on or after October 1, 1990, as defined in Chapter 893, Florida Statutes, are disqualified for employment at Florida State University unless the provisions and conditions listed in Section 775.16, Florida Statutes, are met and evidence is reviewed and approved by the Office of Human Resources.
  - Required evidence is as follows:
    1. Evidence of completion of all sentences of imprisonment or supervisory sanctions imposed by the Court, by the Parole Commission or by the law; or
    2. Evidence of completion of or enrollment in a drug treatment and rehabilitation program which was specified by the Court, the Parole Commission, or the Department of Corrections and approved by the Department of Health and Rehabilitative Services, unless the program certifies that the person does not have a substance abuse problem; and
    3. Evidence of compliance with the requirement to submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections.
  1. Generally, the University does not conduct credit checks. If you have a specific job-related reason to conduct a credit check, prior written approval must be received from the Chief Human Resources Officer.
  2. If a department is audited and/or receives a request to share the results of a criminal history background check, please consult with the Office of Human Resources, Employment & Recruitment Services section, for guidance.
  3. Departments will be responsible for the cost of the background check. Please refer to the Criminal History Background Check Process document for additional details and instructions on requesting a criminal history background check.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
1. The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
  1. Florida Constitution Article IX, Section 7;
  2. Florida Statutes Chapter 435; Sections 110.1127; 402.305; 409.175; 943.13; 943.0542; 1001.706(6)(a); 1012.32;
  3. Florida Board of Governors Regulation 1.001(5)(a);
  4. Florida State Board of Trustees Regulation FSU-4.001; and
  5. Fair Credit Reporting Act 15 U.S.C. § 1681 et seq.
2. This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.

4-OP-C-7-B12 RECRUITING INCENTIVES

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: April 29, 2019

Last Revision Date: 01/23/23, non-substantive changes

INTRODUCTION
1. This policy provides guidance for determining eligibility and procedures for recruiting incentives, including sign-on bonuses, direct payment of moving expenses, temporary housing, and related incidentals to attract highly qualified individuals into positions deemed as critical to the mission and operation of the University. Guidelines for related incidentals can be found in the University’s Taxable Fringe Benefits.
2. Eligible employees include Faculty, Executive Service (AEX), Administrative and Professional (A&P) within pay bands 05 and above. Exceptions for critical and hard to fill positions will require preapproval from the Chief Human Resources Officer. OPS employees are not eligible for payment of recruiting incentives.
POLICY
1. SIGN-ON BONUS
  1. A sign-on bonus may be paid by the University if such payment is clearly in the best interest of the University and if it has been authorized in accordance with the provisions of this policy. To offer a new, highly qualified employee a pre-employment sign-on bonus, the following criteria must be met:
    1. The sign-on bonus has been determined to satisfy a University purpose by allowing the University to recruit a highly qualified person into a position deemed as critical to the mission and operation of the University.
    2. Before offering a prospective employee a sign-on bonus, the funding source must be identified and approvals must be received from the Chief Human Resources Officer (CHRO), the appropriate Vice-President, and where applicable, Sponsored Research Administration (Contract and Grants).
    3. The amount of a sign-on bonus may be up to 15% of the annual salary offered. The size of the incentive will be determined by the significance and the critical nature of the position. Any costs associated with relocation are included in this payment (e.g., movement of household goods and incidentals including house hunting, hotel, travel expenses, etc.).
    4. The sign-on bonus will be paid as a lump sum and must be paid out of the hiring department’s budget after the employee has reported for work.
    5. Employees receiving these bonuses must commit to work for the University for no less than the agreed upon contracted year in continuous pay status. If the employee voluntarily terminates employment with the department before 6 months, the employee must return the full amount of the sign-on bonus to the University before the termination date. Voluntary termination after 6 months and before 1 year of employment (one academic year for 9- and 10-month faculty) will require 50% to be returned to the University.
    6. The sign-on bonus must be documented in the offer letter. A sign-on bonus form must be included with the offer letter , which includes key objectives for the employee, requirements for satisfactory performance, dates of employment, and pay back terms if the agreement is not met. The sign-on bonus agreement form must be executed with each employee receiving a bonus. Individual agreements will be reviewed and approved by the Chief Human Resources Officer.
    - Note: In addition to the sign-on bonus, a department may also request a direct payment to a contracted vendor for moving the prospective or current employee’s household goods.
2. MOVING EXPENSES
  1. Moving expenses may be paid by the University if such payment is clearly in the best interest of the University, and if it has been authorized in accordance with the provisions of this policy. The approvals described below must be obtained before any obligation for payment of a moving expense will be processed.
  2. Payment of moving expenses includes direct payment to a contracted vendor for moving the prospective or current employee’s household goods. Incidental expenses associated with relocation (i.e., house hunting, hotel, travel expenses, etc.) are not covered by the University under this policy and will not be reimbursed.
    1. Justification to Pay Moving Expenses
      1. There are several situations where the payment of moving expenses are justified:
        
        Initial appointment where recruitment has been difficult.
        
        Regional or National recruitment is necessary.
        
        Transfers in lieu of layoffs resulting in relocation.
        
        Lateral or promotional transfers for fully justified broadening of careers.
        
        Intra-agency/Geographical transfers for the benefit of the University.
        
        Competitive market requires payment of moving expenses.
    2. Procedures
      1. Requests to pay employee moving expenses for a truck or tractor rental will be initiated by the department responsible for the budget that will be charged. Florida State University’s Procurement Department maintains a contract with several moving companies and should be consulted prior to the employee entering into an agreement with a company.
      2. Prior approval by the Chief Human Resources Officer is required. The request must be documented and approved on the Request for Approval to Pay Moving Expenses form.
      3. Department's Responsibility:
      4. The Department should refer employees to Procurement Services for available carriers on contract who offer discounts. The employee will obtain the required estimates or price quotes per Procurement’s policies and procedures.
      5. The Department initiates the request for direct payment to an approved vendor for movement of household goods using the Request for Approval to Pay Moving Expenses form.
      6. The Department will be responsible for the normal employer-required FICA taxes. The employee will be responsible for the applicable payroll taxes. The Department must advise employee that this is considered taxable income and the taxes will be deducted from the employee’s biweekly paycheck over three pay periods.
      7. The Department should route the Request for Approval to Pay Moving Expenses form through the appropriate approvals, including the Dean/Vice President and, if applicable, Sponsored Research/Foundation. When approved, the form should be forwarded to the Chief Human Resources Officer for review and final approval.
      8. Employees receiving payment of moving expenses must commit to work for the University for no less than the agreed upon contracted year in continuous pay status. If the employee voluntarily terminates employment with the department before 6 months, the employee must return the full amount of the moving expenses to the University before the termination date. Voluntary termination after 6 months and before 1 year of employment (one academic year for 9- and 10-month faculty) will require 50% to be returned to the University.
      9. Note: Upon final approval, the employee’s offer letter must reflect: 1) the amount of the moving expense, 2) tax implications to the employee, and 3) a repayment period that will be enforced if an employee terminates within the first year of employment.
      10. Human Resources’ Responsibility:
      11. The Chief Human Resources Officer will audit the request form for completeness and timeliness and will authorize approval by signing and dating the request form. Copies of the executed form and quote(s) will be forwarded to Procurement Services for vendor payment and to Payroll Services for processing employee’s tax liability. A copy will also be provided back to the department. The original copy will be placed in the employee’s personnel file.
3. TEMPORARY HOUSING
  1. Temporary Housing will not be applied to all positions assigned to a specific classification and will be evaluated on a case-by-case basis. Temporary Housing may be paid by the University if such payment is clearly in the best interest of the University, and if it has been authorized in accordance with the provisions of this policy.
  2. Temporary Housing may not be provided beyond one year from the date of employment. Temporary Housing may be provided as a monthly Temporary Housing Allowance or the Department may direct pay housing costs to vendor. All Temporary Housing transactions related to employment are taxable events to the employee and are subject to all federal taxes and other appropriate deductions.
  3. The approvals described below must be obtained before any obligation for payment for Temporary Housing will be processed.
    1. Procedures
    2. Departments may provide Temporary Housing to eligible employees. Prior approval by the Chief Human Resources Officer or designee is required. The request must be documented and approved on the Request for Approval to Pay Temporary Housing form.
      1. Department's Responsibility:
        
        Requests to pay Temporary Housing to an employee will be initiated by the Department using the Request for Approval to Pay Temporary Housing form. The Department must obtain reasonable estimates to support the requested amount. The Department is responsible for retaining this documentation. If the Department is providing direct payment to vendor, receipt of payment for costs should be sent to Payroll Services.
        
        NOTE:
        
        Temporary Housing provided to an employee on University premises is generally a taxable event. The value would be configured using the current market value. The Department should contact Payroll Services for more information.
        
        Temporary Housing (and other travel related costs) provided to a nonresident alien receiving a scholarship/fellowship payment by the University is generally a taxable event. The Department should contact Payroll Services for more information.
        
        The Department will be responsible for the normal employer-required FICA taxes. The employee will be responsible for the applicable payroll taxes. The Department must advise employee that this is considered taxable income and the taxes will be deducted from the employee’s biweekly paycheck(s).
        
        The Department should route the Request for Approval to Pay Temporary Housing form through the proper approvals, then submit to Human Resources for final approval.
        
        Employees receiving payment for temporary housing must commit to work for the University for no less than the agreed upon contracted year in continuous pay status. If the employee voluntarily terminates employment with the department before 6 months, the employee must return the full amount paid for temporary housing to the University before the termination date. Voluntary termination after 6 months and before 1 year of employment (one academic year for 9- and 10-month faculty) will require 50% to be returned to the University.
      2. Human Resources Responsibility:
        
        The Chief Human Resources Officer or designee will audit the request form for completeness and timeliness and will authorize approval by signing and dating the request form. One copy of the form will be forwarded to the initiating Department. One copy of the form will be forwarded to Payroll Services. The original copy will be placed in the employee’s personnel file.
      3. Employee's Responsibility:
        
        The employee will be responsible for the applicable payroll taxes associated with the Temporary Housing regardless if the payment is made directly to the employee or vendor. The University will withhold from the gross amount all taxes and other appropriate deductions that it would normally withhold from the employee’s earnings.