Recruiting Guidelines

The The Wilbur O. and Ann Powers College of Business wants all of our students to be gainfully employed upon graduation. Faculty and staff are critical to assisting students and employers with job placements. While helping our students and employers, we must understand the legal and ethical implications that factor into our interactions with them. To ensure we provide students and employers with the highest quality recruiting experience, we acknowledge and abide by the six essential principles set forth by the National Association of Colleges and Employers (NACE). Please consider these principles when working with employers and students for employment-related endeavors.

All candidates should have equal access to open and free employment opportunities consistent with their personal objectives and the optimum use of their talents. Therefore:

1. Both colleges and employers should support informed and responsible decision-making by candidates.
2. All aspects of the recruiting process should be fair and equitable to candidates and employing organizations.
3. University employees involved in recruiting should provide generally comparable services to all employers, regardless of whether the employers contribute services, gifts, or financial support to the college, department or office and the level of such support.
4. As required by the Family Educational Rights and Privacy Act (FERPA), any disclosure of student information outside of the educational institution will be with the student's prior consent unless health and/or safety considerations necessitate the dissemination of such information. Sound judgment and fairness shall be exercised in maintaining the confidentiality of student information, regardless of the source, including written records, reports, and computer databases.
5. Any recruitment activities through student associations or academic departments should be conducted by accepted ethical, equal employment and legal practices.

FAQ

An employer contacted me seeking my "top" students and asked that I send the company/organization a list of these students. Can I refer my top students to them?
In compliance with the principles stated above, University employees should first refer the employer to the Office of Career and Global Engagement, which will assist the employer with posting the position on ClemsonJobLink (CJL), the University's online job board. Posting the job on CJL allows all students equal access to the opportunity. Once the position is posted on CJL, you can discuss the opportunity with students you believe qualified and encourage them to apply; however, you cannot provide names of "top" students to employers.

I was contacted by a recruiter and asked to announce an open position in my class. I want to help my students find the best jobs, and this employer greatly supports the University. Is making an announcement or forwarding the Email ok?
Yes, after the job has been posted on ClemsonJobLink! Legal and ethical issues are involved with sharing an opportunity with a select group of students. The University can avoid liability by posting the job on ClemsonJobLink for all to see.

I have a student in my class that would be an excellent fit for an employer with whom I work closely. Can I refer the student to the employer?
You should never refer a student to an employer without obtaining the student's permission via the Student Reference Request and FERPA Release Form. In addition, you should obtain the employer's permission. Once all permissions are obtained, contact information for the employer can be given to the student and the onus should be placed on the student to connect with the employer.

A student asked that I be a reference for them. They are a top-notch student, and I want to assist them by writing a letter of recommendation. What does this entail?
First, you should have the student complete the Student Reference Request and FERPA Release Form granting permission to provide written and/or oral communication as a reference. Once obtained, you can offer factual information as a reference for the student. View additional guidelines for reference letters.

What's the big deal about providing student names to employers?
While it is permissible for University employees to occasionally offer names of students to employers (with prior permission and when the opportunity is posted for all to see), when done regularly, it can be seen as acting as an employment agency which could be viewed as a violation of EEO regulations.

An employer called me and stated that I was listed as a reference for a student and asked if I could answer some questions for them. Can I provide details to the employer?
Yes, if the student has completed the Student Reference Request and FERPA Release Form permitting you to do so. If they have not, let the employer know that you cannot provide the information at that time but will have the student complete the necessary release so that you can speak with them about the student.

Faculty and staff members are often asked to be a reference for a student or write a letter of recommendation. Requests vary but typically are focused on evaluating a student's work in class or their performance at a job. Whatever the case, when providing a verbal or written recommendation, it is important to remember specific guidelines that will protect you and the student.

FERPA addresses the issue of Consent to Disclosure here, stating that "a faculty member should have a student sign a release before providing a job reference or a reference for the student for certain academic purposes, such as scholarships or awards."

The National Association of Colleges and Employers (NACE) created specific tips and guidelines for writing references and referrals, and CBBS agrees with the suggestions. This guide sheet highlights many of these tips, but a complete list and supplemental article can be found at naceweb.org.

By following these general guidelines for references/recommendations, faculty and staff members will be more likely to provide solid and ethically sound recommendations for their students. For additional assistance, please contact the Office of Career and Global Engagement in Chandler L. Burns Hall or call 864-656-2478.

Reference Suggestions:

1. If asked by an employer or other organization to provide a reference for a student, obtain a signed Student Reference Request and FERPA Release Form from the student. If you are unaware that the job applicant has named you as a reference, ask the prospective employer for verification that the person has given consent for the reference.
2. Relate references to the specific position for which the person applied and the work the applicant will perform.
3. Avoid giving personal opinions. If you make subjective statements or share opinions because they are requested, clearly identify them as opinions, not facts. If you provide an opinion, explain the incident or circumstances on which you base the opinion.
4. Don't guess or speculate. If someone asks you questions about personal characteristics you do not know, state that you do not know.
5. Be factual while not editorializing. Avoid vague statements.
6. Avoid lunch discussions or "off the record" telephone conversations with prospective employers regarding a person's performance. There is no such thing as "off the record."

Ethical Considerations:

1. Discuss the type of reference you will provide to the person who asks you to be a reference. If you cannot give a good reference, be honest with the individual.
2. Information given should be factual, based upon personal knowledge/observation of the person through direct contact with the person or obtained from the person's personnel or student record.
3. State a confidentiality notice in the reference letter to the employer, observing that the information given should be confidential and is provided at the request of the student. Statements such as these justify the communication and leave no doubt that the information was not given to hurt a person's reputation.
4. Do not include information that might indicate an individual's race, color, religion, national origin, age, disability, citizenship status, sex or marital status. Opinions on performance should not be based on stereotypes.

Sample Reference Letter:

(This sample may be adapted.)

Dear [Name of Graduate School/Awards Committee/Employer]:

This reference letter is provided at the written request of [name of student], who has asked me to serve as a reference on [his/her] behalf. I understand that [name of student] is being considered by your organization for [academic program/award/job title]. Please be advised that the information contained in this letter is confidential and should be treated as such. The information should not be disclosed to [name of student, if student has waived access] or anyone in your organization who would not be involved in the hiring decision regarding this
individual. Additionally, the information should not be disclosed to anyone outside of your organization without the student's consent.

I have known [name of student] for the past [number of months, semesters, years] as [he/she] has taken the following courses which I teach: [list courses, give brief description of content of course]. As [his/her] professor, I have had an opportunity to observe the student's participation and interaction in class and to evaluate the student's knowledge of the subject matter. I would rate the student's overall performance in these subjects as [below average, average, above average]. This is evidenced by [his/her] grades - [state the grades].

[One or two specific examples of the student's performance may be appropriate.] As part of [his/her] grade in [name of course], the student was required to prepare a paper. The paper was designed to measure the student's ability to research, analyze the research results, and write. [Discuss how the paper submitted by the student indicated to you the student's skills in these areas.] Based upon this, I rate the student's skills [indicate rating].

[It may be appropriate to give specific examples about the student's area of expertise.]

Based upon the student's academic performance and my understanding of the [academic program/award/job title] for which the student is applying, I believe the student would perform [place overall evaluation here].

If you would like to discuss this further, please contact me.

Sincerely,

XXXXXXXX

Source: National Association of Colleges and Employers (NACE)

Did you know that many unpaid internships violate the law and that students in unpaid internships give up many of their rights without even knowing it?

What's the Big Deal?
You need the experience and in a still-sluggish economy, students often feel they NEED to take an unpaid internship to get a foot in the door. Within the past few years, several lawsuits have been filed by unpaid interns against employers - both for violating Department of Labor regulations and for discrimination. Students must do their research before accepting an unpaid internship and know their rights in the event
those rights are violated while interning.

Department Of Labor Guidelines
The U.S. Department of Labor has established strict guidelines for employers hosting interns in the for-profit sector.

When a for-profit employer hires an unpaid intern, all six of the following criteria must be met:

1. The internship, even though it includes the actual operation of the employer's facilities, is similar to training that would be given in an educational environment.
2. The internship experience is for the benefit of the intern.
3. The intern does not displace regular employees but works under the close supervision of existing staff.
4. The employer that provides the training derives no immediate advantage from the intern's activities, and its operations may occasionally be impeded.
5. The intern is not necessarily entitled to a job after the internship.
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Source: U.S. Department of Labor Fact Sheet #71

It is hard to imagine that an employer would not derive some sort of advantage from an intern's work, and that is the piece of the test that typically is not met. Therefore, most interns must be paid.

Worker's Compensation
When an employee is injured on the job, the company's Worker's Compensation plan will pay for related healthcare bills, loss of pay, etc. However, if an unpaid intern were to get hurt on the job, the company would not be required to pay any damages to the unpaid intern since they do not meet the official definition of an employee. Legally, to be considered "an employee," the person must receive compensation.

Discrimination and Harassment
In addition to not being covered under Worker's Compensation plans, unpaid interns are not covered under Title VII, which protects against discrimination and harassment. Let's say an intern's supervisor makes unwanted sexual advances toward her. Can she sue for sexual harassment? Not unless she is an employee - which, by definition, requires that she receive compensation. The same holds true for racial discrimination
and discrimination based on sexual orientation.

Moral Issue - Class Disparity
From a moral perspective, many people find unpaid internships to cause disparity among students from different socio-economic groups. Consider Student A, who is from a wealthy upper-class family and Student B, who is from a rural middle-income family. They both have a GPA over 3.0 and both are offered an internship with their dream company - the internship is unpaid. Student A can afford to take the unpaid internship
because Student A's parents can assist with any expenses over the summer and during the academic year. Student B has to turn down the internship because Student B has to work to save money for living expenses for the upcoming year. This situation leads to Student A gaining more experience and, in theory, obtaining a better job upon graduation.

Bottom Line
If you want to ensure you have rights at the internship workplace, be certain the internship is PAID. You are paying for the course with your tuition dollars. When a company offers credit as compensation, they expect you to pay to work for them.

What Should I Do?
Be certain to have some written agreement with your employer. The agreement will protect both YOU and the employer. The agreement should include, at a minimum, the following information:

• Start and end dates for the internship
• Pay rate
• Learning goals (remember, you should be involved in setting these learning goals too!)

Many organizations already have some internship agreements in place. If they do not, the Office of Student Enrichment can assist them in developing one. If they decline to have such a contract with an intern, do you really want to work there?

If you ever experience any actions from a co-worker or supervisor that you think is inappropriate or questionable, consult with the Office of Student Enrichment. This person is well-versed in the legalities of internships and can help you determine your next steps.

If at all possible, only accept a PAID internship. A paid internship ensures that you are protected against discrimination and harassment and have all the rights of any other employee at the organization.

Don't always assume that everything will be fine because you know the supervisor/have a family member who works there, etc.

(Important Note: the rules for internships in humanitarian, civic, charitable or religious non-profit entities are different. The 6-point test is only used to assess the legality of an unpaid internship at a for-profit entity.)

• FERPA Release Form
• Internship Resource Center
• Legal & Ethical Standards
• NACE Position Statement
• National Hiring Outlook
• Reference Letter Legal Issues
• Unpaid Interns