The BIFI Executive Committee sent this message to faculty on August 20, 2025
Dear colleagues,
As a new academic year begins, we’d like to offer a timely reminder that guidance by OFEW on search procedures and evaluation of candidates for faculty positions is advisory, and Senate faculty on search committees generally can choose whether or not to accept suggestions by OFEW staff. This point was clarified by an August 2023 memo from Vice Provost Plaut and the 2022-23 Senate chair and vice chair, which we reproduce below. As the memo states, suggestions from OFEW are “recommendations rather than requirements,” except where “compliance with law and/or policy is at issue.”
In particular, there have been misconceptions in the recent past about procedures surrounding DEI criteria. For example, in recent years, some faculty members believed that their search plans would not be approved if they didn’t require candidates to submit DEI statements. But there was never a UC Berkeley policy requiring DEI statements (they were required at other UC campuses), and in fact, OFEW approved several searches last year that required no DEI statements.
Now that the Regents have forbidden standalone DEI statements (mandatory or optional) for faculty searches, we understand OFEW recommends reframing these criteria as a “preferred” qualification to be discussed in research, teaching and/or service statements. We respectfully disagree with this recommendation: expressing such a preference, in our highly competitive searches, could convey to candidates that they are effectively required to discuss inclusion and equity in a way that conforms to the language of DEI statements as they were implemented at UC Berkeley in recent years, as exemplified by UC Berkeley’s prior model rubric.
In any case, these decisions are within the purview of the faculty of the department running the search. If faculty prefer not to implement OFEW recommendations we encourage them to ask OFEW staff whether there is an issue of noncompliance with the law or written university policy. In the event of ambiguities, departments may wish to consult the Committee on Academic Freedom.
Sincerely,
Executive committee, Berkeley Initiative for Freedom of Inquiry
Memo from August 2023:
Dear Colleagues,
We write to remind you of the valuable support that the Office of Faculty Equity and Welfare (OFEW) can offer in the faculty searches that you may be conducting during the coming year and, in addition, to affirm the authority of the members of the Academic Senate, as delegated by the Regents, to make decisions about appointments to the faculty.
As you are likely aware, OFEW offers a wealth of resources to aid search committees in conducting effective and equitable searches. Most importantly, OFEW offers research-informed recommendations for search procedures designed to attract large, competitive, and diverse pools of applicants and to ensure fairness throughout the assessment and interview process. Among the tools and resources available on OFEW’s website are suggested guidelines for preparing search plans and reports and templates for communications with applicants. Staff are also available for consultation on any aspect of the search process and welcome engagement with search committee chairs and members.
As part of our commitment to diversity, equity, and inclusion, and our commitment and obligation to run fair and open recruitments, the campus has entrusted to OFEW the authority to review and approve searches at major points of articulation (e.g., search plan, applicant pool, shortlist, and search report). As part of this process, OFEW may offer recommendations for changes to search procedures or decisions. Search committee chairs and members should understand that these are generally recommendations rather than requirements. Except in situations where compliance with law and/or policy is at issue, Senate faculty, in conjunction with the Vice Provost for the Faculty, have the authority to set procedures for applicant review and to determine which candidate(s) to advance for further review, for campus interviews, and to recommend for appointment. In accordance with the campus’s strong commitment to conducting fair and open searches, search committees are reminded that senate searches should adhere to established campus practices for applicant review.
We encourage you to avail yourselves of the expertise of the OFEW staff and the copious resources they have compiled in conducting your searches this year, and to share this message with faculty in your units. As part of its offerings, OFEW provides Senate faculty search workshops for search committees, the next two of which will take place on September 11 and 15. We thank you for your commitment to furthering the excellence of the Berkeley faculty and wish you success in your search.
in partnership,
Mary Ann Smart, Chair, Berkeley Division of the Academic Senate
Maximilian Auffhammer, Vice Chair, Berkeley Division of the Academic Senate
Victoria Plaut, Vice Provost for the Faculty