University Policy 6.6.1
Filling Vacancies (Excluding Bargaining Unit Staff)

Consistent with the New York State Human Rights Law, Cornell University will not
deny persons previously convicted of one or more criminal offenses of consideration for employment unless it is determined that either of the following circumstances exist:

1. There is a direct relationship between any of the previous criminal offenses and the employment sought.
2. Granting employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

For more information, refer to the human resources procedure Guidelines for Managing and Evaluating an Applicant with Criminal Convictions (sign in required) and contact your college/unit HR representative.

All offers of employment must have the prior approval of the unit head (dean, vice
president, or comparable) or their designee. If policy is not followed and all approvals are not obtained, the vice president and chief human resources officer or a designee may declare an offer of employment invalid and subject to reversal.

The university does not sponsor permanent residency (green card) for nonacademic staff members. Prior to extending a nonacademic offer of employment to a non-U.S. citizen, the Office of Human Resources and the Office of Global Learning, International Services must approve all requests to pursue an H1-B visa.

Offers of employment are conditional upon the completion of the Employment Eligibility Verification Form (Form I-9) and, if required, the following:

• Information verification efforts, including a background check.
• A medical examination and/or immunization.

A medical examination and/or immunization may be required only if it is relevant to the job duties and required for all employees in a given job. Units must obtain advance approval for such medical requirements from their college/unit HR representative or designee. If approved, all recruitment advertising for the position must clearly state this condition of employment. The medical examination and/or immunization must occur after a conditional offer of employment has been made and before the start date.

The hiring authority or a designee may request a waiver of a search, which may be considered for approval by the associate vice president for the Cornell Office of Civil Rights or a designee if the person identified is qualified to fill the vacancy and fulfills the criteria specified in one of the following categories:

1. Dual career waiver: The individual identified is searching for a position as a result of either a (1) proactive and targeted recruitment and hiring effort for which their spouse or partner has been hired or is under consideration, or (2) retention effort of their spouse or partner by Cornell.
2. Distinguished/unique opportunity hire waiver: An opportunity to appoint a distinguished and/or unique individual (for example, a leading or emerging authority in a field, or a person with rare or specialized qualifications relative to their career stage and whose qualifications are distinctly needed by the department or unit) when it is unlikely that a search will result in a more qualified candidate, and the delay caused by a search may result in the loss of the opportunity to recruit such individual.
3. Any position for which a waiver of posting request is denied must be posted and an open search must be conducted.

While the general expectation is that a search will be conducted, on occasion, and to advance institutional strategic priorities, a search may not be appropriate, particularly in situations noted below, where the individual is deemed qualified to fill the vacancy. The hiring authority, in collaboration with the college/unit HR representative, must undertake a careful analysis of the university priorities prior to determining that a search will not be conducted. In these cases, no posting, listing or waiver is required, and the reason for this decision must be well documented, indicating which of the below situations apply. The unit head (dean, vice president, or university librarian) or a designee retains final approval of all decisions.

1. Administrative movement: Internal movement resulting from a reorganization or restructuring, reassignment, or part of a documented succession planning or career development plan.
2. Restoration of funding: The person identified was previously employed in a term-limited, sponsored-program position, which was terminated early or not renewed due solely to the lack of funds. This applies only if the funding is restored within 12 months, and if the employee would return to the same unit, title, and duties held prior to the non-renewal.
3. ADA job change: The individual identified is an employee who has been through Cornell’s formal Americans with Disabilities Act (ADA) process and a job change accommodation request has been approved by the Cornell Office of Civil Rights.
4. Return to work: The employee is returning from a long-term disability leave, and has provided the appropriate work clearances to Medical Leaves Administration.
5. Layoff: The person identified is currently pending placement on layoff status or is on layoff status from the university.
6. Current or previous search: A search was conducted for a regular position with the same title, band, job description, and minimum requirements; an offer was extended within the last 180 days for academic and non-academic staff positions or one year for tenured and tenure-track faculty positions; the identified individual was a finalist from the original search pool.
7. Progressive promotion: An individual is being promoted within the same job family, and in accordance with the next promotional sequence.
8. Accompanying/supporting hire: An individual is moving to Cornell to continue working with the primary hire as agreed to at time of offer.
9. Term, regular positions of one year or less: Individuals may be appointed to regular, full-time equivalent positions of one year or less. If the position will continue, and that position normally requires a search, the same individual may not be reappointed to a continuing position without a full and open search.
10. Appointments to the following titles: Postdoctoral associate, postdoctoral fellow, visiting fellows, titles formally modified by “adjunct,” or “courtesy,” unpaid “visiting” appointments and individuals paid by other institutions or agencies.
11. Reclassification of postdocs to research associate or senior research associate after three years in the title at Cornell University.