33.99.01 Employment Practices

July 14, 1997, Revised July 15, 1998, Revised December 6, 1999, Revised July 17, 2004




1.1 System components may promote qualified internal candidates to fill positions without posting a vacancy. Each System component should establish a written procedure for filling positions by promotion.


1.2 When qualified applicants are available in the System, the human resources officer or appropriate academic vice president (for faculty positions) may authorize limiting vacancy announcements to System-wide internal advertisement.


1.3 All other position vacancies must be publicized to be accessible to as many qualified individuals as is practicable. Vacancies in classified and nonclassified nonfaculty budgeted positions must be posted for at least five working days with the appropriate Human Resources department, unless the component procedures dictate an alternate posting location. Vacancies in faculty positions must be posted with the appropriate academic vice president or equivalent and, if required by component procedures, with the Human Resources department.


1.4 In accordance with State law (656.001, Texas Government Code), if persons from outside the System will be considered for an employment opening, the vacancy must be listed with the Texas Workforce Commission. In addition, to ensure a diverse applicant pool, System components may advertise openings in periodicals, post announcements on and off site, list openings with professional associations, enter announcements in appropriate databases and use other means to widely publicize the open position.


1.5 The System component Chief Executive Officer (CEO) or designee must approve any waiver of normal posting and recruiting procedures.




The System provides equal opportunity to all persons regardless of race, color, religion, sex, national origin, disability, age or veteran status. System components are encouraged to develop programs for building potential candidate pools to ensure applicants of varying backgrounds can be identified when openings occur. For example, potential candidates can be identified through personal and professional networking, through sharing of applications among System components and, when openings occur, through advertising in a variety of media aimed at a variety of audiences.




Each System component will maintain, for two years, employment applications and other relevant data on all job applicants who are not hired. Employment applications and relevant data on hired applicants should be kept throughout their employment and for five years after employment terminates. If the current Records Retention Schedule states a different retention period, it will govern.




Each System component should establish written procedures for faculty and staff searches that use committees. The procedures should specify circumstances in which a search committee will be formed, require that committee membership be appropriately diverse, provide guidelines for ensuring consistency in search procedures and establish parameters for the focus and scope of searches.




5.1 Employment decisions will be based on job-related factors such as education, experience, knowledge, skills, abilities, license/certification requirements, results of reference checks, and success in previous employment. Race, sex, religious affiliation, or other protected status or classification shall not be the basis for a hiring decision.


5.2 The hiring supervisor or other appropriate person should verify references, previous employment and other job-related credentials before an offer of employment is made.


5.3 System components may obtain criminal history information on an applicant to evaluate the individual for employment. Criminal history information should be obtained either on finalists for all positions or only on finalists for security-sensitive positions. This information may be obtained from the Texas Department of Public Safety (DPS) public database, through a more expansive DPS database accessible by law enforcement departments (for security sensitive positions only) or from other available sources. Components may establish procedures for retention of information obtained from the public database consistent with the System Records Retention Schedule. Component law enforcement departments obtaining criminal history information through the more expansive database must comply with the provisions of Tex. Gov't. Code Chapter 411, which address access, use and destruction of criminal history information.




All offers of employment to males ages 18 through 25, including temporary and student workers, must be contingent on proof of the applicant's compliance with federal selective service law. If the applicant is not currently registered, but is required to be, he may be given an opportunity to register before he is hired. Proof of compliance may not be required until a contingent offer of employment is made because confirmation may require that the System gather information that may not be used during the selection process.




In accordance with the component CEOs or designees established written procedures, a vacancy notice may not be posted and an offer of employment may not be made until the position and proposed salary have been approved.




Each System component will publish a component rule and/or procedures to be followed in the hiring process. It will include timely orientations and appropriate training as required by policy, law or regulation.




All employment practices must comply with applicable state and federal laws.




CONTACT OFFICE: The System Human Resources Office


HISTORY: Last issued: December 6, 1999


Component Rules for Section 33