Home > III. Human Resources

Chapter 9 – Hiring and Appointments

(Amended 6/1/03; 3/04; 3/05; 4/05; 12/1/05; 1/06; 1/08; 3/08; 10/11: 3/12; 8/12; 1/14/13; 5/14; 7/15; 8/15; 2/16; 11/16; 7/1/17; 9/17; 6/19; 6/17/22; 7/26/22; 8/1/23; 3/1/24; 4/11/25)

Effective August 1, 2023, March 1, 2024, and April 11, 2025, this policy has been revised. For individual changes, see the redlined versions of III-9.3,  III-9.6, and III-9.8.

9.1 Appointments, General

(Amended 9/93; 6/24/94; 9/97; 5/00; 3/02; 5/03; 3/04; 1/06; 7/26/22)

It is the responsibility of the hiring administrative officer or a designee to make certain that prior to any commitment of appointment, the new appointee has a clear understanding of the terms of employment and working conditions.

Notices of new appointments, changes in status or terminations reaching by the close of business on the 20th of the month are processed for payment or adjustment during that month.

Departments are expected to make recommendations of new appointments and changes in status as soon as it is possible for them to do so regardless of the deadline, and in no case later than the effective date thereof. The processing of such recommendations before they are reported to Human Resources may take considerable time and should be originated well in advance of the deadline to assure prompt payment.

  1. Policy. Appointments shall be made with due consideration of the affirmative action guidelines for the university as expressed in the President's policy statements; Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 (IC 216) as amended in regard to discrimination in employment; other applicable federal and state law; and other relevant Board of Regents, State of Iowa, and University of Iowa policies and procedures.
  2. Employment eligibility. All newly appointed university employees must have their identity and their eligibility to work in the United States verified. The United States Citizenship and Immigration Services (USCIS), formerly known as Immigration and Naturalization Service (INS), Form I-9 is used to verify the employee's identify and eligibility to work.

    The I-9 form must be completed by the third day of employment. Failure to complete the I-9 form in a timely manner or at all may subject the hiring department to penalties and fines from the federal government for failing to provide proof of work authorization. If a person is appointed who is not eligible to work, their employment must be terminated immediately upon learning they are not authorized to work. It is the hiring department's responsibility to ensure that a completed I-9 form is submitted to the Payroll Office.
  3. Teaching, research, administrative, and professional staff. The appointments of vice presidents, provosts, Treasurer, Secretary, and direct reports to the President are recommended by the President and approved by the Board of Regents. Initial appointments of deans, assistant and associate deans and vice presidents, and directors of major administrative units  are reported to the Board of Regents upon the recommendation of the appropriate administrative officer. Initial appointments or promotions to positions of tenure are recommended by the appropriate administrative officer, approved by the President and are reported to the Board of Regents. Recommendations for appointment of other personnel are made by the appropriate administrative officer and approved by the President.

Recommendation of appointment or change in status forms are available in the HRIS HR Transaction System. These forms, carrying the proper signatures, are forwarded through regular administrative channels for university approvals. Approval by the Executive Vice President and Provost in the case of faculty, and by the Chief Human Resources Officer for all other staff members, constitutes approval of the personal qualifications of the prospective appointee, but does not constitute approval of the fiscal arrangements. When Presidential approval is required for a position as outlined above, the President’s approval must be obtained prior to the effective date of the appointment or the change.

Payroll checks are issued by the Payroll Office on the basis of the finally approved departmental recommendations without further notifications from departmental executive officers.

(See also III-8 Conflict of Interest in Employment.) 

9.2 Credential Check at Point of Hire

(6/1/03; 9/03; 1/08; 5/14; 7/20/23)

Effective July 20, 2023, this policy has been revised. For individual changes, see the redlined version.

  1. Focus of check.
    1. Merit staff (temporary or regular):
      1. All hires in classifications that require a specific certification or license.
      2. Specific hires where the hiring selection was influenced by the representation of a higher education degree, certification, or license.
    2. Professional and scientific staff (temporary or regular): All hires.
    3. Faculty (temporary or regular): All hires.
    4. Postdoctoral scholars: All hires.
  2. Scope of check. In all cases, departments check the degrees, certifications, or licenses1 that either are relevant to a hiring selection or that influences the setting of a salary. In most cases, departments need only check the highest-level credential represented on the candidate's resume or application. However, in some cases because of the position requirements, it is necessary to check the highest-level credential and/or the most directly relevant or any required credential related to a hiring decision.
  3. Notice and timing of check.
    1. Candidates are informed that an offer of  employment with The University of Iowa is contingent on a successful check of their credentials. This allows candidates to provide clarifying information, e.g., a degree obtained under a different last name. Departments secure a signed release from each candidate prior to a check being conducted. This permits the department to check credentials through a variety of methods including the National Student Clearinghouse's electronic database. The release form can be downloaded at https://hr.uiowa.edu/sites/hr.uiowa.edu/files/2019-07/Disclosure%20of%20Credential%20Verification.pdf.
    2. If the offer letter is given to the candidate of choice prior to completion of the credential check, the offer letter reiterates that a credential check is being conducted and that University of Iowa employment is contingent on a successful outcome.
    3. Credential checks are conducted immediately upon selection of the candidate(s) of choice and submitted for verification no later than 15 days following the candidate's first day of employment.
  4. Acceptable methodologies. Departments may use the following methodologies to carry out a credential check.
    1. For verification of license or certification:
      1. Verification through contacting the granting institution, or
      2. Verification through visual inspection of original certification or license.
    2. For verification of academic degree:
      1. Verification through the National Student Clearinghouse's electronic database, Degree Verify.2 Verification via this method must be attempted before contacting the granting institution.
      2. If for any reason a candidate's degree cannot be verified through the National Student Clearinghouse’s electronic database for any reason, including that the granting institution is not included in the database, the hiring department may contact the granting institution directly. For faculty hires, if the contact is made by telephone, a dated, signed memo of the contact should be prepared by the person making the inquiry (countersigned by the DEO if they did not make the inquiry), stating the name of the office and the name and title of the person who provided the verification.
      3. If the National Student Clearinghouse cannot verify and a granting institution is not willing to release the information, then visual inspection of the original diploma or certified copy of a transcript may be used
    3. Additional verification methods for faculty hires:
      1. A letter from the granting institution's graduate college, professional college, registrar, or other institutional office certifying that the candidate has received the degree or completed all of the requirements for the degree.
      2. A letter of reference on the granting institution's letterhead from the applicant's major adviser or department chair which includes language that clearly indicates that the candidate has received the degree or completed all of the requirements for the degree.

        Note: Verification of professional credentials for faculty health care providers by one University of Iowa unit need not be redone by another (e.g., if M.D. degrees have been verified by the UIHC, a college may use their verification)

        Colleges may set more stringent requirements, for example, disallowing verification by phone or requiring that a letter of reference from the major adviser is acceptable only if it states that the degree has been granted.
    4. Additional verification methods for postdoctoral scholars: An official transcript or letter from the granting institution’s graduate college, registrar, or other institutional office certifying that the candidate has completed all requirements for awarding the terminal degree.
  5. Documentation and record keeping.
    1. Departments list credentials on the Human Resources transaction (appointment or transfer) and identify whether a credential check has been completed. If the check is complete, the list also indicates which credentials were verified as relevant to the hiring selection or the setting of salary.
    2. Human Resources Information Systems (HRIS) departmental reports indicate incomplete credential checks. Colleges, divisions, units, and departments are responsible for reviewing credential checks reports on a biweekly basis.
    3. All supporting documentation is be kept at the departmental level in the interview file, and in the event the candidate is hired, in the personnel file.
  6. Falsification of credentials.
    1. Departments who believe a candidate has misrepresented a credential discuss the discrepancy with the candidate to provide a reasonable opportunity for the individual to provide clarifying information.
    2. If upon further review, it is the hiring department's judgment that a material misrepresentation has occurred, such that the candidate should no longer be considered for employment, or if already employed should be terminated, the department informs their Human Resources senior leadership representative (or dean, in the case of faculty) immediately. This person consults with University Human Resources (or the Office of the Executive Vice President and Provost in the case of faculty) and/or General Counsel before taking negative action.
    3. The disqualified candidate/employee is informed in writing of such action.
    4. If a disqualified candidate/employee seeks future employment at The University of Iowa, University Human Resources (or the Office of the Executive Vice President and Provost in the case of faculty) may inform the new hiring department. It is the responsibility of the hiring department to take into consideration this information in evaluating the candidate/employee.
  7. Credentials acquired post-hire or corrections to existing information.
    1. If employees request a change in the HRIS credentials listing at any time post-hire, they notify the department, which then must verify the change per the methodologies identified above.
    2. When changing faculty credential information, a copy of the verification document should also be provided to the Associate Provost for Faculty, 111 Jessup Hall.

Footnotes

1. Includes driver's license when required for completion of duties. Verification can be completed through Risk Management.

2. The National Student Clearinghouse is a non-profit corporation, established in 1993, with an original mission to assist schools in their obligations to report student enrollment status. It has expanded its mission to degree verification. Verification can be completed at their website 24 hours per day/7 days per week. Typically, the response is immediate. However, if a degree pre-dates a participating school's electronic records, the response will typically take up to 24 hours.

9.3 Criminal Background Check at Point of Hire

(12/1/05; 3/08; 1/14/13; 11/13; 7/15; 8/15; 9/17; 8/1/23; 4/11/25)

Effective April 11, 2025, this policy has been revised. For individual changes, see the redlined version. 

  1. Purpose of policy. To protect the University, its faculty, staff, and students, and members of the public who have dealings with the University from physical, emotional, and/or financial harm while also protecting the privacy of individuals who apply to University positions. The University may refuse to hire any individual with a criminal conviction that relates to the position for which that person has applied such that hiring the person is determined to pose an unacceptable risk. Furthermore, the policy is designed to comply with federal and state regulations regarding certain types of positions.
  2. Criminal background checks (CBCs) are obtained for all regular merit, professional and scientific, and faculty positions at the time applicants are selected for hire per paragraph e(2) below. Applicants for temporary merit, professional and scientific, fixed-term faculty, and student staff (including graduate teaching and research assistant) positions that have been designated security sensitive by the appropriate dean or vice president also are checked at the time of hire. Background check processes for some positions (such as those within Campus Safety) are governed by law or regulation. This policy is not intended to supplant any such external background check requirements.Departments conducting such externally required background checks should coordinate with the senior human resources (HR) leader to ensure that due process is afforded, similar to the procedures outlined in this policy.
  3. Criteria and process for determining whether a temporary, fixed-term, or student staff position is security sensitive. There are two steps in determining whether a temporary, fixed-term, or student staff position should be designated as security sensitive, thereby requiring a CBC:
    1. At the time of a temporary staff, fixed-term faculty, or student staff vacancy, positions shall be evaluated by the hiring department in consultation with the senior human resources (HR) leader or associate dean in each college or division, and a written recommendation shall be made to the appropriate dean or vice president providing specific justification for the determination that the duties and responsibilities are such that the position should be designated security sensitive. The dean or vice president shall determine whether or not the position is security sensitive and, if so, then the position shall be so indicated on the requisition. For fixed-term faculty positions, such determination shall be made in consultation with the Office of the Executive Vice President and Provost or their designee. For temporary staff positions, such determination shall be made in consultation with the Chief Human Resources Officer or their designee.
    2. At a minimum, the factors listed below should be considered for their relevance to the position; other factors also may be relevant.
    3. If a factor is considered relevant to a particular position, then a determination must be made regarding whether the access, contact, or responsibility is of such a level that the University or persons in the University community would be at sufficient risk that a mandatory CBC on selected applicants for the position is warranted.
    4. Factors to be considered:
      1. access to secured or sensitive areas including, but not limited to, those containing cash or financial receipts;
      2. access to select agents (biological agents or toxins) and/or controlled substances;
      3. patient and/or child and/or dependent adult population contact, not including University students who are under the age of 18 (see also Youth Programs Policy Manual and Sports Camps and Clinics Manual);
      4. contact with university students, especially in the residence halls including dining facilities in residence halls;
      5. cash/check handling and/or processing responsibilities;
      6. financial management and/or payroll processing responsibilities;
      7. security responsibilities;
      8. performance of duties related to critical infrastructure services or significant health or safety responsibilities;
      9. access to information technology: "root" or "administrator" access level to enterprise systems; "administrator" access level to institutional databases; unsupervised physical access to critical infrastructure services or systems such as telephone switch equipment, networking routers and switches, and data centers; access to restricted or critical data (as defined in the Institutional Data Policy);
      10. supervisory duties related to any one or more of the above.
  4. Scope of check. The senior HR leader in each college or division shall use the designated University vendor to verify social security number, conduct a CBC to include all counties, states, and countries1 of residence for the past seven years, and search the sex offender registry regardless of conviction date. As appropriate in individual instances, an alternate vendor designated by the vice president or dean or, in the case of faculty, the associate provost for faculty, may conduct the check. Background checks for access to select agents will be conducted by the Department of Justice. When the CBC indicates potential risk to campus safety, the university’s Threat Assessment Team may be engaged to gather supplemental background information to inform the evaluation of institutional risk and other appropriate campus offices may be consulted as needed.
  5. Designation, notice, and timing of check.
    1. Applicants subject to the CBC requirement shall be informed either in the postings/advertisements for the position or when the applicant formally applies for the position that employment at The University of Iowa is contingent on a self-disclosure of conviction history and a successful CBC.
    2. When a department has selected (an) applicant(s) to whom to make an offer, the department will extend a written offer of employment contingent upon successful completion of a criminal background check. Upon acceptance of the offer, the hiring department shall direct the applicant(s) to complete a notification and authorization for release of information electronically, including the applicant’s self-disclosure of any criminal convictions for the past seven years. Refusal to complete and sign the release may constitute grounds for withdrawal of the offer or termination of employment. 
    3. Following the applicant’s acceptance of the contingent offer of employment and execution of the release, the senior HR leader shall conduct (a) CBC(s) through the designated University vendor by submitting a request to the vendor for a standard CBC as soon as practicable but in any event no later than 15 calendar days following the applicant's first day of employment. 
    4. The CBC report will include the past seven years of the applicant’s criminal conviction history and is sent to the senior HR leader.
  6. Documentation and record keeping.
    1. Departments shall identify on the human resources transaction (appointment or transfer) whether the CBC is required and, if so, whether it has been completed.
    2. Human Resources departmental reports will indicate incomplete CBCs. Senior HR leaders are responsible for reviewing these CBC reports regularly and acting appropriately on incomplete checks to ensure submission of the CBC request within 15 calendar days following the applicant's first day of employment.
    3. The release, self-disclosure form, CBC report, and other materials related to a CBC, including communications from the applicant about the report, shall be known as the “CBC records.” CBC records shall be retained by the University only for those applicants who are hired and those who are not hired based on information acquired during the CBC process.
    4. University Human Resources, UI Health Care HR, and senior HR leaders shall maintain CBC records regarding applicants for staff positions for five years in a confidential and secure location. The Office of the Executive Vice President and Provost shall maintain CBC records regarding applicants for faculty positions in the same manner and for the same period.
    5. All CBC records are confidential, and individuals other than the applicant/employee requesting access must provide a compelling justification. The General Counsel, Executive Vice President and Provost, Chief Human Resources Officer, or designee(s) shall determine whether a request for access to CBC records shall be granted.
    6. Every three years, University Human Resources, the Office of the Executive Vice President and Provost, and the Office of Civil Rights Compliance will conduct an audit on positions checked and scope of checks to ensure reasonable consistency among colleges and divisions. In addition, these units will consult at least every three years with the Office of the General Counsel to assess potential disparate impact on members of protected classifications.
  7. Existence of a criminal record.
    1. Subject to the circumstance described below, when the background check reflects a criminal conviction or other information that indicates potential risk to campus safety, the senior HR leader shall  consult with:
      1. For staff positions outside of UI Health Care, University HR and the Office of the General Counsel; 
      2. For UI Health Care staff positions, UI Health Care HR and  the Office of the General Counsel; 
      3. For faculty positions, the Office of the Executive Vice President and Provost and the Office of the General Counsel; and also may consult the associate dean for faculty for the college.

        These offices shall consider the conviction(s) and other information contained within the CBC report to evaluate relevance to the specific job responsibilities of the position and whether hiring the person may constitute an unacceptable risk to the University. Specifically, the University will consider the nature, gravity, recency, and frequency of convictions and the nature of the job duties. University HR, the Office of the General Counsel, and the Office of the Executive Vice President and Provost may establish guidelines authorizing the senior HR leader to approve a hire without consulting the designated central administration offices in cases where a single, minor conviction is discovered. 
    2. If a preliminary judgment is made that the conviction(s) and other information contained within the CBC report have sufficient nexus to the position and that the hire may present an unacceptable risk such that further consideration is warranted, this information shall be shared with the applicant and  the applicant will be given a reasonable opportunity to provide clarifying information. Typically, the applicant  will be contacted by the senior HR leader for that purpose. When the CBC indicates potential risk to campus safety, the offices identified above may engage the university’s Threat Assessment Team to gather supplemental reliable information to inform the evaluation of institutional risk and may consult other appropriate campus offices as needed.
    3. After the applicant has provided clarifying information (or has not done so after having had a reasonable opportunity to do so), the senior HR leader shall present the the applicant's information to the central offices listed above for further evaluation of the nexus to the position and whether hiring the person may constitute an unacceptable risk such that denial of employment is warranted. University Human Resources or, in the case of faculty, the Office of the Executive Vice President and Provost shall make the final decision on this issue.
    4. If the final decision is that the conviction has significant nexus to the position and that the hire may present an unacceptable risk such that the applicant will no longer be considered for employment, or if already employed should be terminated, the senior HR leader shall provide written notification to the applicant/employee immediately. 

Footnote

1. CBCs will be requested from international jurisdictions, but the ability to obtain records varies.

9.4 Filling Open Merit Positions

(Amended 6/19)

Creation of Merit System staff positions is accomplished by submitting the appropriate requisition through the designated University hiring system for review and approval. 

9.5 Recruitment Among Big Ten Academic Alliance Institutions

(President 1/7/63; amended 2/98; 11/14; 11/16)

The presidents of the fourteen institutions which are members of the Big Ten Academic Alliance (Illinois, Indiana, Iowa, Maryland, Michigan, Michigan State, Minnesota, Nebraska, Northwestern, Ohio State, Penn State, Purdue, Rutgers, and Wisconsin) have fixed May 1 of each year as the date after which offers for faculty cannot be made by one BTAA institution to the faculty of another BTAA institution without the latter's consent.

The resolution reads as follows: "Inquiries about an individual's interest in and conversations concerning a new full-time, academic appointment are in order at any time of the year, but after May 1, an offer for an appointment at the assistant professor level or above, to take effect in the next academic year, will not be made unless the administrative head (usually the dean or his designated substitute) of the offering college, school, or institute, etc., has determined that the date at which the appointment is to take effect is agreeable to the administrative head of the college, school or institute, etc., which the individual will be leaving if he accepts the new appointment." 

9.6 Affirmative Action Employment Guidelines

(Provost 3/6/72; 9/93; 9/97; 9/02; 3/04; 5/04; 11/04; 2/16; 6/19; 6/17/22; 7/25/23)

Effective July 25, 2023, this policy has been revised. For individual changes, see the redlined version.

  1. Records of efforts made to locate qualified women and minority group members (e.g., individuals contacted, published notices, and copies of letters) are kept by office and departmental administrative personnel for review.
  2. Notices.
    1. Notices of available positions are published in local, regional, and national publications/websites where appropriate.
    2. Notices may not specify any preference, limitation, or specification based on sex unless sex is a bona fide occupational qualification for the available position.
    3. Equal Employment Opportunity (EEO) Tagline. To ensure compliance with federal regulations of the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), university departments shall include the following EEO tagline in all new external job announcements, advertisements, postings, and solicitations for nominations for all employment vacancies at the University of Iowa. The university’s jobs.uiowa.edu website, and any other job portal website utilized by the University of Iowa, shall also include the following EEO tagline: Questions regarding the appropriate usage of the EEO tagline may be directed to the Office of Civil Rights Compliance (OCRC), 202 Jessup Hall, 319-335-0705, ui-ocrc@uiowa.edu.
      1. "The University of Iowa is an equal opportunity/affirmative action employer. All qualified applicants are encouraged to apply and will receive consideration for employment free from discrimination on the basis of race, creed, color, religion, national origin, age, sex, pregnancy (including childbirth and related conditions), disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, or associational preferences."
    4. A professional and scientific or administrative position is requested from University Human Resources, after which it is advertised for a minimum of ten business days. Departments are notified of the earliest date on which the position may be filled. A Merit System position is requested from University Human Resources after which it is advertised for a minimum of ten calendar days.
    5. Creation of professional and scientific staff positions is accomplished by submitting the appropriate requisition through the designated university hiring system for review and approval. Faculty and professional and scientific positions that are 50 percent or more time and extend for one year or more require a search which must comply with the affirmative action procedures at the university. Please consult the Office of Civil Rights Compliance's Recruitment Manual for faculty and professional and scientific searches or contact the Office of Civil Rights Compliance for more information about search requirements and procedures.
  3. Application and appointment forms do not require different information for subgroups of applicants (e.g., men and women).
  4. Information requested during interviews is the same for all  candidates.
  5. Salaries are determined on the basis of merit only. Such factors as marital status, number of dependents, spouse's income or other sources of income are not considered in setting salaries.
  6. Employment of relatives. See III-8 Conflict of Interest in Employment (Nepotism).
  7. Affirmative Action and Tenure. See III-10.1 Tenure and Non-Tenure Appointments.
  8. Employment of individuals with disabilities.
    1. Applicable federal and state law prohibits discrimination against qualified individuals with disabilities in employment practices such as job application procedures, hiring, promotion, discharge, compensation, training, benefits, and other conditions of employment. See also II-7 Disability Protection Policy. For more information about accommodations and about when an essential job functions analysis is required, please contact University Faculty and Staff Disability Services.
    2. For information about job application and employment of individuals with disabilities, see https://hr.uiowa.edu/support/faculty-and-staff-disability-services.
    3. For information about complaints of discrimination, see https://ocrc.uiowa.edu/report.
  9. Temporary appointments.
    1. A temporary appointment is considered a short-term appointment to meet temporary needs of the university.
      1. P&S staff. Temporary appointments may be made for up to two fiscal years to a professional and scientific position that is 75 percent (1560 hours) or more time without the requirement of an affirmative action search. Temporary appointments of less than 75 percent (1560 hours) will not be subject to the two-year appointment limitation.

        If during the term of the 75 percent (1560 hours) or greater temporary appointment the department anticipates the position extending beyond two fiscal years, then an affirmative action search must be completed as soon as possible and completed prior to the end of the second fiscal year. An affirmative action search also must be completed if a temporary appointment of less than 75 percent (1560 hours) is increased to 75 percent (1560 hours) or more time and exceeds the temporary hours limit for two consecutive fiscal years. Exceptions include appointments in classifications experiencing a labor shortage as determined by University Human Resources.

        Limited extensions of temporary appointments of 75 percent (1560 hours) or more time beyond two fiscal years are permitted in extenuating circumstances with the prior approval of the Chief Human Resources Officer or designee.
      2. Faculty. Temporary appointments may be made for one year or less to a faculty position that is 50 percent or more time without the requirement of an affirmative action search. Temporary appointments of less than 50 percent will not be subject to the one-year appointment limitation, except for visiting faculty appointments which have a three-year maximum.

        If during the term of the 50 percent or greater temporary appointment the department anticipates the position extending beyond one fiscal year, then an affirmative action search must be completed as soon as possible and completed prior to the end of the fiscal year. An affirmative action search also must be completed if a temporary appointment of less than 50 percent is increased to 50 percent or more time and exceeds the initial one-year appointment.

        Limited extensions of temporary appointments of 50 percent or more time beyond one year are permitted in extenuating circumstances with the prior approval of the Office of the Provost.
    2. Affirmative action searches are not required for regular faculty or professional and scientific positions that are less than 50 percent time (1040 hours), regardless of the length of appointment, or for temporary faculty or professional and scientific positions. However, these appointments do require a Temporary/Other Job Posting for at least 3 calendar days unless the position meets one of three exceptions:
      1. Executive/senior management position, which correlates with the FLSA’s white-collar exemption and includes professional and scientific positions at pay level 6 or higher, and faculty administrative positions (department executive officer, director, dean, assistant/associate dean, division head, assistant/associate provost, and institutional officers (i.e., positions with an FI job code).
      2. Internal hires, openings for which no consideration will be given to applicants from outside the university, including those that the university proposes to fill from regularly established recall lists. This exception no longer applies to a particular opening if the university decides to consider applicants from outside the university. Internal hires include current university employees; former university employees who left in good standing within the prior 24 months; student positions that require candidates to be a current university student (undergraduate/graduate research/teaching assistants, work-study positions); university retirees returning to the same department and/or in a similar role to that which they held within the prior 24 months; university employees or former employees participating in the university’s layoff program; university employees or former employees eligible for recall/transfer/promotion as part of a collective bargaining agreement.
      3. Positions lasting 3 days or less.
    3. The Office of Civil Rights Compliance establishes search procedures for affirmative action searches. Contact the Office of Civil Rights Compliance for more information about search procedures.
    4. Contact University Human Resources–Talent Acquisition for more information about temporary/other job postings for temporary positions.

Review

THE AMERICANS WITH DISABILITIES ACT (ADA)
(Adapted from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice Civil Rights Division)

1. Who qualifies as a disabled individual under the ADA?
The ADA defines an individual with a disability as a person who:

  1. has a physical or mental impairment that substantially limits one or more major life activities;
  2. has a record of such an impairment; or
  3. is regarded as having such an impairment.

Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

2. What practices and activities are covered by the employment nondiscrimination requirements of the ADA?
The ADA prohibits discrimination in all employment practices including job application procedures, hiring, firing, promotion, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

3. Does an employer have to give preference to a qualified applicant with a disability over other applicants?
No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to disability.

4. What is a "reasonable accommodation"?
Reasonable accommodation is any modification or adjustment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

5. When is an accommodation unreasonable?
An employer is not required to implement any accommodation that would impose an undue hardship. An undue hardship is an action or accommodation that would require significant difficulty or expense in relation to the size of the employer. If it is found that a particular accommodation would impose an undue hardship, the employer must consider whether there are alternative accommodations that would not impose such hardship.

6. What about health and safety standards?
The ADA permits employers to establish qualification standards that exclude individuals who pose a direct threat — i.e., a significant risk of substantial harm — to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. The employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace.

The ADA recognizes the need to balance the interests of people with disabilities with the legitimate interests of employers in maintaining a safe workplace. That goal is realized by requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes.

7. What about performance standards?
In the performance of essential job functions, with or without reasonable accommodations, an employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities.

8. What impact does the ADA have on interviewing practices?
The ADA prohibits employers from asking a job applicant any questions that would cause the applicant to disclose a disability or medical condition. Interview questions must focus on the applicant's ability to perform the essential functions of the job. Interviewers may not ask an applicant if they have a disability or need an accommodation to perform the essential functions of the job. If the applicant volunteers that they need an accommodation to perform the essential functions of the job, an interviewer may ask about the type of accommodation needed by the applicant. The interviewer may not, however, ask any follow-up questions about the applicant's disability or medical condition.

See also II-1, II-7, and II-8.

9.7 Consideration of Misconduct in Prior Employment

(President 7/1/23)

Effective July 1, 2023, this is a new policy. 

  1. Scope. This policy applies to all candidates for employment as regular faculty, administrators with faculty appointments (associate provosts, associate vice presidents, associate deans, department executive officers, directors), and institutional officers (President, Executive Vice President and Provost, vice presidents, deans, University Librarian) at the University of Iowa.
  2. Definitions.
    1. “Regular faculty” refers to all faculty hired in the tenure, clinical, research, or instructional tracks.
    2. “Misconduct” means any violation of employer policies, including but not limited to sexual misconduct, sexual harassment, research misconduct, or other policy violation(s).
    3. “Employer investigations” include, but are not limited to:
      1. Any investigation by the department/unit responsible for making findings regarding allegations of misconduct in violation of employer policies, including but not limited to sexual harassment, sexual misconduct, and research misconduct;
      2. Any investigation pursuant to Title IX of the Education Amendments of 1972 (“Title IX”); and
      3. Any action taken by the department/unit responsible for determining sanctions for misconduct, including but not limited to sexual harassment, sexual misconduct, and research misconduct.
    4. A “finding” means a documented conclusion that an individual engaged in misconduct resulting from an employer investigation or adjudicative process not subsequently reversed through a formal review process, including but not limited to sexual misconduct, sexual harassment, and research misconduct.
  3. Policy.
    1. Notice of duty to disclose. The university will include a notice to potential applicants in all faculty position job postings that inquiries will be made of them and prior employers regarding:
      1. past findings of misconduct; and
      2. any pending research misconduct investigations.

        Applicants also will be notified that, as part of the hiring process, finalist candidates are required to provide written authorization for current and former employers to disclose any such information to the university.
    2. Candidate’s duty to self-disclose and authorize employer disclosure. All offers for regular faculty positions will be contingent on fulfillment of this, as well as other, mandatory university processes. On acceptance of a contingent offer of employment, the finalist candidate shall self-disclose all prior findings of any investigations and if they are the subject of a pending research misconduct investigation.

      The finalist candidate must also sign and submit a written authorization and release granting the university authorization to seek information from current and former employers over the last seven years. This includes any findings of misconduct, pending research misconduct investigations, and authorization for full disclosure of related information and relevant documentation.  The consequences for failing to disclose, or respond to any inquiry, or sign or submit any necessary authorization and release are set forth in paragraph _c(5)_below.
    3. Findings by other employers. Once the finalist candidate has accepted a contingent offer of employment, the Office of the Provost will begin the process of requesting misconduct disclosures from current and former employers.

      If the finalist candidate reports that there has never been a finding against them, the Office of the Provost shall contact relevant current and former employers for verification and document their good-faith efforts.

      If the finalist candidate reports a finding against them or a pending Investigation, the Office of the Provost shall contact the relevant current and/or former employer(s) to obtain a copy of any written findings and reports. A finding or a pending investigation may result in removal of the finalist candidate from consideration or withdrawal of a contingent offer of employment.

      If the contacted employer declines to provide the requested information or documentation, or does not otherwise fully respond, the Office of the Provost will request that the finalist candidate obtain and provide the relevant documentation. If the finalist candidate is unable to do so despite documented, good-faith efforts, the Office of the Provost may exercise due diligence to determine if there are concerns. The results of such an inquiry may result in removal of the finalist candidate from consideration or withdrawal of a contingent offer of employment.
    4. Consideration of findings. Prior to a final employment decision based in part or in full on prior findings or a pending research misconduct investigation, the finalist candidate shall be permitted an opportunity to provide an explanation for consideration by the Office of the Provost. The candidate’s information will be evaluated in consultation with the relevant collegiate dean or other appropriate institutional official.  The Office of the Provost will determine whether it is in the best interest of the university to withdraw the finalist candidate from consideration or withdraw an offer of employment. Relevant factors to be considered include but are not limited to:
      1. The nature and severity of the conduct at issue;
      2. When and under what circumstances the conduct occurred;
      3. Whether the conduct involved an abuse of power or authority, such as involvement of subordinate employees or students;
      4. The nature of the position for which the candidate is being considered;
      5. The candidate’s subsequent conduct and work history; and
      6. Evidence of rehabilitation.
    5. Failure to respond or disclose, or dishonesty. A finalist candidate’s failure to respond to an inquiry, or dishonesty in a response about findings or a pending research misconduct investigation, or the failure to consent to the release of relevant information and documentation, or the failure to provide requested written documentation, shall be grounds for removal of a candidate from further consideration or withdrawal of any contingent offer of employment already extended. Such university action will not be subject to faculty grievance procedures, because the candidate will be deemed to never have received employment status. At any time during employment, the discovery of an individual’s failure to disclose or dishonesty related to this policy may constitute grounds for dismissal.
    6. Confidentiality and retention. All records obtained through this process will be maintained in accordance with the confidentiality, record retention, and other applicable policies and procedures established by the university and in accordance with applicable state and federal law.
    7. External inquiries made to the university. All external, authorized requests seeking records or information regarding:
      1. Violations covered by the university’s  Policy on Sexual Harassment and Sexual Misconduct (II-4) shall be directed to the Office of Civil Rights Compliance.
      2. Misconduct covered by other university policies shall be directed to the Office of the Executive Vice President and Provost for faculty candidates, and to University Human Resources for staff candidates.
      3. Research misconduct, including pending research investigations, shall be directed to the Vice President for Research.

        Each of the foregoing offices, in consultation with the Office of General Counsel, shall evaluate requests for information or documentation consistent with applicable laws and the authorizations provided. The university reserves the right to require submission of its own authorization documents prior to disclosing information to external parties. Depending on the nature of the request, consultation with multiple offices may be necessary to provide an accurate response.

9.8 Employment Guidelines for Leadership Positions

(4/05; 3/12; 8/12; 7/1/17; 3/1/24)

Effective March 1, 2024, this policy has been revised. For individual changes, see the redlined version. 

The guidelines below are followed in the filling of all positions for executive/administrative/managerial staff at pay level 6 or higher in the professional and scientific classification system and for faculty appointments with significant administrative responsibilities:

The position announcement must include a required job qualification indicating that candidates and/or applicants be able to demonstrate job-related experience with fostering a welcoming and respectful work environment and/or otherwise demonstrate their ability to foster a welcoming and respectful work/academic environment for people from all types of backgrounds.

Examples of language that may be used in advertisements to satisfy this requirement are listed in the Office of Civil Rights Compliance's Faculty/Staff Recruitment Manual.

For further information, contact the Office of Civil Rights Compliance, 202 Jessup Hall or ui-ocrc@uiowa.edu.

(See also III-9.6 Affirmative Action Employment Guidelines.)