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Office of Equity and Access
HomePolicies & ProceduresException to Search

Exception to Search

I. Introduction

The State University of New York (SUNY), Stony Brook University (the University), and the Research Foundation for SUNY (the Research Foundation) are equal opportunity and affirmative action employers. The University prohibits discrimination on the basis of race, sex, sexual orientation, gender identity, religion, age, color, creed, national or ethnic origin, disability, marital status, genetic information, criminal conviction, domestic violence victim status, and/or military status. The University:

  • seeks to attract and retain employees that share in the University's Mission;
  • is committed to creating and maintaining an inclusive and diverse workforce, pursuant to SUNY and University policies, and in accordance with state and federal laws; &
  • values the professional development and advancement of our current faculty and staff.

Generally, vacant positions will be appropriately advertised and posted through one of our Talent Management Systems. Searches must be conducted for all Research Foundation and State unclassified positions at the University. However, there are limited permissible exceptions to conducting searches which are described in this procedure.

Temporary appointments should not be considered as a conduit or stepping-stone to regular full-time employment without a search. Future searches and appointments for positions temporarily filled under the terms in this procedure are expected to be carried out in good faith and will be closely reviewed.

This document describes the circumstances when a request for an exception to search may be made, including the duration permitted (described in Section III), and the documentation that must accompany such a request (described in Sections II and III). All requests shall be directed to the Office of Equity and Access (OEA) for consideration and response.

II. Documents that Must Accompany All Requests for an Exception to Search

  1. Memorandum of justification from the supervisor requesting the appointment, which includes:
    1. Explanation detailing why an exception to search is being requested;
    2. A statement that the appointment does not present a conflict of interest, as prescribed by SUNY Policy 6001 or the Research Foundation’s Nepotism Policy (whichever is applicable); &
  2. Approvals from all relevant supervisors must be included, up to and including Dean, Provost, Vice President, Senior Vice President, Senior Executive Group for Veterans Home, or Executive Staff for Hospital.
  3. Where the Exception to Search granted by OEA indicates an end date, termination paperwork reflecting the approved end date must be submitted at the time of the appointment. Position termination will be processed accordingly.  Where a position is anticipated to extend beyond the date identified by OEA, the position must be posted.
    1. It is recommended that posting begins at least 3 months prior to the temporary appointment end date to help ensure that the position can be posted and a full search completed by the exception to search end date.

III.    When an Exception to Search May be Requested

  1. Emergency
    1. An emergency is defined as an unforeseen situation necessitating the appointment of an employee in a critical position due to death, sudden or unexpected separation, or some other extraordinary situation.
    2. An emergency temporary hire, generally up to six months, may be permitted, if an open search is carried out before the end of the emergency employment period. An individual who has been appointed on an emergency basis will be eligible for continued employment in the position only if they are selected pursuant to the open search.
    3. The process to conduct a full search should begin at least three months prior to the end of the temporary appointment.
  2. Appointment Pursuant to a Grant, Contract, or Endowment
    1. Individual named in a grant or contract, appointed to a research position: An individual may be hired if specially named in a grant or contract, by name or position, and who is vital to the project with relevant approvals.
    2. Individual named in an endowment: A supervisor may hire an individual with funds from the revenue of an endowment fund specifically established for the employment of such an individual
      1. Positions filled pursuant to this subsection requires the following additional documentation:
        1. Award letter and selected pages from the applicable research grant, contract, appointment letter, or endowment naming the individual to be employed.
  3. Appointment of Opportunity: Exceptional Scholar, Artist, or Applied Practitioner
    1. An exception to search may be requested for a nationally or internationally renowned scholar, artist, or applied practitioner. A discipline may recognize many individuals within the field as exceptional. Nevertheless, the use of “appointment of opportunity” should be used sparingly.
      1. Positions filled pursuant to this subsection requires the following additional documentation:
        1. Memorandum describing the accomplishments and the national and/or international reputation of the individual to be hired.
  4. Visiting Scholar
    1. An exception to search may be requested for a visiting scholar who will be temporarily employed by the University under the following circumstances:
      1. Visiting scholar: a specific scholar may be named on a grant or in another funding source; &
      2. Visiting research collaborator: a scholar currently on leave from another institution or private agency.
    2. Positions filled pursuant to this subsection do not require the submission of additional documentation.
  5. Appoint due to students change of status
    1. A graduate or undergraduate student who has recently completed their degree at the university and can no longer hold a restricted student status may be temporarily appointed to a position for the purpose of  completing a specific project. Such an appointment may not exceed a 1-year appointment.  
      1. Positions filled pursuant to this subsection requires the following additional documentation:
        1. The request must state the student’s graduation date, or a letter of degree completion (if applicable), a description of the project, an explanation as to why the project cannot be completed by someone else. To include, the date of initiation of the project, and the best estimation of its completion date.
        2. If the student's degree has not been awarded or is not evident on peoplesoft (PS), a letter of degree of completion from the student's academic department MUST be attached to the requisition. Approval will be  contingent upon verification in PS or a letter of degree completion.
  6. Appointments Following an Internship, Apprenticeship, Fellowship, or Other Training Program
    1. Internship, apprenticeship, fellowship, or other training programs: Student interns or apprentices who have completed a formalized pre-approved internship, apprenticeship other training programs at Stony Brook University may be considered for further employment. The internship,apprenticeships or training program must be reviewed with Human Resources and candidate selections must be pursuant to a search.
      1. Positions filled pursuant to this subsection requires the following additional documentation:
        1. The request must explain the method of the selection of the candidate with details of the approved awards/program.

Definitions 

Affirmative Action Program: a mandated report by the Office of Federal Contract Compliance Programs (OFCCP) that is used as a management tool to ensure equal employment opportunity. It is a set of specific results-oriented procedures that the University commits to apply to every good faith effort in the provision of opportunities in recruitment, selection, appointment, promotion, and training-related employment areas.

External Search: the formal process of search, recruitment, and selection by the public posting of available positions.

Internal Search: the formal process of search, recruitment, and selection by the internal posting of available positions.

Equal Employment Opportunity: the concept of providing equal access to employment opportunities in compliance with federal and state laws. The University and the Research Foundation are equal opportunities and affirmative action employers. The University prohibits discrimination on the basis of race, sex, sexual orientation, gender identity, religion, age, color, creed, national or ethnic origin, disability, marital status, genetic information, criminal conviction, domestic violence victim status, and/or military status.

Responsibilities

      • Hiring Department
        1. Consider the request and make sure that it complies with exceptions mentioned in this document.
        2. Ensure that appointment to state-funded positions does not violate SUNY Policy 6001.
        3. Ensure that Research Foundation appointments do not violate the Research Foundation Code of Ethics and Nepotism Policy.
        4. Prepare appropriate documentation in support of exception requests.
      • Office of Equity and Access
        1. Monitor and assess EEO/AA compliance.
        2. Monitor and evaluate the utilization of exceptions to search requests.
        3. Review and approve exceptions to search requests.