UNR Faculty Senate Meeting April 19, 2012 UAM Revision # 2530 2,530 – Background Check Policy for Academic and Administrative Faculty RATIONALE FOR CHANGE: A university-wide policy was needed for performing background checks for academic and administrative faculty. Background Check Policy for Academic and Administrative Faculty 2,530 Revised: April 2012 Application of Policy This policy applies to all Academic and Administrative Faculty units. NRS 293B.010 authorizes agencies of the State of Nevada, including the Nevada System of Higher Education to obtain information on the background and personal history of persons with whom it intends to enter into a relationship of employment. Purpose The University is committed to providing a safe and secure environment for students, faculty, staff and all other constituents. The University performs due diligence by requiring a background check for all new hire faculty positions. This policy outlines the details of pre-employment post offer background verification for academic and administrative faculty. Definitions 1. "Credit history check" means checking the credit history of the selected applicant or employee. (Federal laws prohibit discrimination against an applicant or employee as a result of bankruptcy.) 2. "Criminal history check" means verifying that the selected applicant or employee does not have any undisclosed criminal history in every jurisdiction where the applicant or employee currently or has formerly resided. 3. "Educational verification" means ensuring the selected applicant or employee possesses all educational credentials beyond high school listed on the application, resume or cover letter or otherwise cited by the candidate that qualify the individual for the position sought. 4. "Employee" is defined as any person employed by the University of Nevada, Reno whether full- or part-time. 5. "License verification" means ensuring the selected applicant or employee possesses all the licenses listed on the application, resume or cover letter or otherwise cited by the candidate that qualify the individual for the position sought and verification of any license required for the position, including verification of the disposition of such licenses. This includes any motor vehicle driver licenses required for the associated position. 6. "Limited criminal history check" means verifying that the selected applicant or employee does not have any undisclosed criminal history in the jurisdiction where the applicant or employee currently resides, or where the applicant or employee last resided, if the applicant or employee only recently moved to a location near the University. 7. "Sex and violent offender registry check" means verifying the selected applicant or employee does not have undisclosed convictions of certain sex and violent crimes in every jurisdiction where the applicant or employee currently or has formerly resided. 8. “Adverse information” means facts which are discovered as part of the background check which are unfavorable to the candidate. Policy Provisions New Faculty Employees Background checks must be completed on new faculty members as a condition of employment. Faculty Human Resources will coordinate the background check with a third party vendor. Depending on the nature of the position, the department may request background information on any of the following information. 1. 2. 3. 4. 5. Educational verification. License verification (Hiring Department will verify) Criminal history check Sex and violent offender registry Credit check for certain positions (Hiring Authority to determine) Foreign nationals who have been offered employment into appointed faculty positions will be subject to the following provisions: 1. The verification of education the candidate has cited that qualifies the individual for the position. 2. A criminal history check covering time in the United States if the period of time that the individual has worked in the United States exceeds one year. 3. A criminal history check in the individual’s prior countries of residence only if the individual’s visa and/or authorization to work in the United States was issued before implementation of the Patriot Act on October 24, 2001. The University will not require that a criminal history check be conducted in the individual’s prior countries of residence if the visa or authorization to work was issued or renewed under the provisions of the Patriot Act. Use of Background Check Information The third party vendor that conducts the background check will provide the results of the check to the Faculty Human Resources Office. If the background check reveals adverse information, the Assistant Vice President, Human Resources or designee will conduct the initial review of any adverse information. If the adverse information is job related, the Assistant Vice President, Human Resources will consult with the hiring authority. The final decision for disqualification/termination from consideration for a position lies with the Appointing Authority. Process and Procedures 1. A notice on the university’s job board will inform all applicants that they are subject to a background check which may include: criminal history, credit history, sex and violent offender registry, education verification, licensure and employment history. 2. An offer letter of employment must include the following statement: "This offer is contingent on the completion of appropriate background verification of criminal history, credit history, sex and violent offender registry, education verification, licensure and employment history. 3. After signed acceptance of the conditional offer of employment, the department will notify Faculty Human Resources to initiate a criminal background check. The hiring department will determine if any additional components (credit history, education verification, licensure and employment history) of the background check will be performed. 4. If the criminal history check indicates adverse information, the vendor will inform Faculty Human Resources. If adverse information is not reported, go to # 10 below. 5. If circumstances warrant, the faculty member may be allowed to start working before the results are known. If the background check reveals adverse information, the standard review of this information to determine job applicability would occur. The faculty member could be terminated if the conviction was deemed job related. 6. Any decision to accept or reject an individual with a conviction is solely at the discretion of the University of Nevada, Reno. (All related information will be treated as confidential, and protected as such.) 7. All results of criminal and sex and violent offenders’ convictions or issues are considered confidential and will be maintained in confidential files within Faculty Human Resources. 8. The hiring department is responsible for any fees associated with any of the components of the background check process. Faculty Human Resources will help coordinate payment to the vendor. 9. Decisions regarding the withdrawal of an employment offer as a result of a background check may not be appealed by the applicant. If Adverse Information Is Reported 10. If the background check indicates adverse information regarding criminal background, credit history, licensure or employment verification, the vendor will inform Faculty Human Resources. Faculty Human Resources will provide a copy of the report to the applicant. (All related information will be treated as confidential, and protected as such.) 11. The Assistant Vice President, Human Resources or designee will evaluate the adverse information to determine if it is job related and has an impact on the position. 12. Certain types of convictions should automatically preclude hiring individuals into certain positions. For example, individuals with convictions for theft, embezzlement, identity theft or fraud should not be hired with fiduciary responsibilities. Individuals with workplace or domestic violence convictions, crimes of a sexual nature or other behaviors that would be inappropriate in an environment with children and young adults. This list is not inclusive, but illustrative. Other information revealed in background checks, apart from criminal convictions may affect campus employment decisions. 13. If the criminal history check reveals convictions which the individual disclosed on the Pre-Employment Certification, Faculty Human Resources will review the report with the hiring department and jointly, they will evaluate each conviction, including any additional information the individual provides, before the offer of employment is confirmed or withdrawn. The existence of a conviction does not automatically disqualify an individual from employment. Relevant considerations may include, but are not limited to, the nature and number of the convictions, the amount of time elapsed since conviction, and the relationship a conviction has to the duties and responsibilities of the position. 14. If convictions are revealed in the criminal history check which the applicant did not disclose on the Pre-Employment Certification, the offer of employment will be withdrawn and, if employed, the individual will be separated from employment, unless the individual shows that the report is in error. In the event that the results of the background check influences a decision to withdraw an employment offer or terminate employment, Faculty Human Resources will consult with the hiring authority for the unit. The final decision lies with the appointing authority. Either the hiring authority or the Assistant Vice President, Human Resources can request the decision be referred to the President for final consideration. UNR Faculty Senate Meeting April 19, 2012 UAM Revisions # 2660 2,660 – Faculty Workload Policy RATIONALE FOR CHANGE: A policy was created as a result of revisions to the Faculty Workload Policy in the Board of Regents Handbook which states that it “shall be the responsibility of the President of each NSHE institution to establish justifiable, equitable instructional workload standards through a process of shared governance with the faculty”. Faculty Workload Policy 2,660 Revised: April 2012 This policy provides guidelines for instructional faculty and for department chairs, deans, and others responsible for faculty workload. The Board of Regents’ policy (Title 4, Chapter 3, Section 3) regarding the teaching portion of workload is that university faculty are expected to teach six courses per academic year (three + three), with the teaching workload for faculty who are heavily involved in doctoral programs or research being reduced equivalent to the increase in doctoral-level instruction and/or research. “Workload” consists of teaching; scholarly research, creative activity, and/or professional development; and service. The scholarly research or creative activity assignment is a critical feature of the culture of a research university, and it is expected that all tenure-track and tenured faculty will maintain a program of research, scholarship or creative activity. All non-tenure-track faculty on continuing appointments, such as lecturers, are expected to maintain a program of professional development appropriate to the area in which they teach. The distribution of responsibilities in these areas for each faculty member is to be specified in an individual statement of professional responsibilities, or “role statement,” to be determined by the faculty member in consultation with the department chair (or equivalent). Role statements are prepared annually, at the beginning of the calendar year or term of employment. The distribution of responsibilities in an individual faculty member’s role statement may vary from one year to the next. If it becomes necessary to change the distribution of responsibilities significantly during the calendar year, the faculty member and chair should revise the role statement. The distribution specified in the annual role statement must be considered during the faculty member’s annual evaluation. The policy is designed to be flexible enough to enable faculty to do the varied tasks that are required throughout the University and to credit them appropriately for that work. In particular, it is designed to recognize and account for the many activities necessary to the work of the University that do not appear in tabulations of student credit hours, including service on graduate students’ committees at the master’s and doctoral levels, mentoring of graduate students, formal advising of undergraduate and graduate students, and formal assessment of instructional programs. It is also designed to recognize certain non-instructional aspects of workload, including varied expectations in scholarly research, creative activity, and/or professional development for different kinds of faculty positions. Department chairs (or equivalent) are responsible for determining individual faculty teaching loads and the “equivalent teaching load credit” of other activities associated with instruction to which a faculty member may be assigned. Deans are responsible for review and the maintenance of equity in teaching load and other assignments within the college. The Executive Vice President & Provost is responsible for equity in assignments within the University. The teaching load specified by the Regents may be adjusted when faculty have responsibilities that have been approved by their department chair (or equivalent) as having “equivalent teaching load credit.” Reassignments from the expected teaching load will be specified in faculty role statements. Role statements will also specify the appropriate assignment for faculty holding “A” rather than “B” contracts. A. The following guidelines explain when such teaching reassignments might occur. They are meant to be illustrative, not exhaustive. All such reassignments are specified in faculty role statements. 1. Faculty in departments with master’s degree programs who are actively involved in those programs may be reassigned to mentor graduate students and serve on their committees. Faculty who are actively involved in an interdisciplinary graduate program may be reassigned to mentor and serve on the committees of graduate students in that program. Pre-tenure faculty may be reassigned to begin mentoring graduate students. Determinations of the involvement of individual faculty members in master’s and doctoral programs must take into account the following: chairing of graduate committees, service on graduate committees in one’s own department or program, service as outside members of graduate committees in other programs, formal advising responsibilities, oversight for independent studies and internships, extensive graduate-level teaching, and the nature of graduate mentoring in the discipline. 2. Faculty with major administrative assignments, such as department chair or director of a large instructional program at the graduate or undergraduate level, may have a portion of their workload reallocated. 3. Faculty with substantial formal responsibility for undergraduate advising; independent studies, internships, or undergraduate research; or assessment or performance assessment may be reassigned to those responsibilities. 4. Faculty whose teaching assignments include one of the following may be reassigned: courses requiring extra contact hours, such as studio-based and lab-intensive courses very large classes with limited teaching assistant support multiple new preparations or formal responsibility for new curriculum development off-campus or non-traditional teaching responsibilities B. The following guidelines explain when other kinds of workload reassignments might occur. They are meant to be illustrative, not exhaustive, and to take into account the different kinds of instructional faculty positions at the university. Such reassignments may include an increase in the load of activities associated with instruction. All such reassignments will be specified in faculty role statements. 1. Faculty in continuing non-tenure-track positions that do not have a substantial expectation of scholarly research or creative activity may be reassigned. 2. Tenured faculty may request to be reassigned in lieu of a portion of the standard expectation of scholarly research or creative activity. 3. Faculty in full-time positions that are renewable contingent upon funding and have no expectation of scholarly research or creative activity may be reassigned.