University Guidelines for Writing Letters of Recommendation
Under federal legislation, persons may not demand to see any letter written
about them that may have affected their chances of obtaining a position for
which they have applied. As a result, a sharp increase has occurred in the
number of suits against individuals who have written unfavorable letters of
recommendation for others.
This is a matter of concern to the University, its faculty, professionals,
and all employees. Under the Indemnification Clause of the Trustee Bylaws,
the University obligates itself to provide legal defense for persons who
are sued for actions taken in the course of their duties as University
employees. Letters of recommendation could prove to be very troublesome
and costly. Therefore the following guidelines for their composition are
established and shall be followed in order to avoid lawsuits, or in the
event of litigation, to ensure protection for University employees.
Failure to follow these guidelines will relieve the University of its
obligation to provide legal defense for a faculty member or any other
employee.
It is recognized that personnel evaluation can function properly only if
honest and frank judgments are made about colleagues or students.
Nevertheless, all letters should be written from the point of view that the
person about whom the letter is being written will eventually see that
letter. Only judgments that can clearly be supported by demonstrable
evidence should be put in any correspondence about that person. Comments
that have no relation or relevance to the position about which one is asked
to judge the person's qualifications should not be made; one should avoid
gratuitous comments about the individual's personal appearance, home life,
professional or personal ambition, traits of character, or manner of dress.
Remarks that could be interpreted as sexist, such as those concerning
marital status, number of children or plans for a family, support of
feminist causes, and so forth, should not be included.
- When a Student or Present or Former Employee Asks to Have a Letter of
Recommendation Written
- If a positive recommendation cannot be written, the individual should
be so informed. One should never agree to write a letter of
recommendation and then write a letter of condemnation.
- If a letter of recommendation, but with some reservations, can be
written, the person requesting the letter should be informed and his
or her agreement to proceed should be obtained. Whenever possible,
the individual should be invited to read the written letter and
decide whether or not it should be mailed. Documentation of the
individual's decision to have the letter sent should be obtained in
writing.
- If the letter of recommendation must be kept confidential, then the
person whom it is about should be requested to waive the right of
inspection. Such waivers must be in writing and a copy kept on file;
an indication that the waiver has been received should also be
recorded in the letter of recommendation.
- It is possible and sometimes preferable to distinguish between a
letter of evaluation and a letter of recommendation. A faculty
member or other employee of the University may be unwilling to
recommend someone for a position but still be willing to write an
evaluation of that person. Agreement should be reached, in writing,
whether the alternative of a letter of evaluation is acceptable to
the person concerned before one is sent. All evaluations, of course,
should be based upon clearly documentable evidence (see further below
under #2).
- When You Are Asked to Comment on a Colleague or Student by a Person or
Agency Outside the University
- The best approach, if a positive letter cannot be written, is to
decline, unless the questions asked are specific and refer to job-
related activities. Hostile, unsupported, or abusive remarks about
students, colleagues, or former or current employees must be avoided.
Appraisals may be frank so long as the information proffered is
accurate, can be documented, and is not given in the spirit of
malice.
- Requests for confidential letters of recommendation by outside groups
or individuals may be met providing that the person concerned is
willing to sign a waiver regarding the right to inspection. If the
waiver is not signed, the writer should respond that a confidential
letter is not possible under the policies of the University.
March 24, 1995