Candidate Disclosure of Past Misconduct
August 3, 2021
DEANSDEPARTMENT CHAIRS
Re: Candidate Disclosure of Past Misconduct
Dear Colleagues:
In recent years institutions of higher education have begun to confront the problem of "passing the harasser," which refers to an institution not informing a recruiting institution that a faculty member being recruited away has been disciplined for sexual harassment or other misconduct.
As a safeguard against UC Santa Cruz unknowingly hiring a senate faculty member with a record of discipline for misconduct at their current or prior institution, I am implementing a new procedure for all senate faculty recruitments that is effective immediately.
All job postings for senate faculty positions will now contain this language:
The chosen candidate will be expected to sign a statement representing that they are not the subject of any ongoing investigation or disciplinary proceeding at their current academic institution or place of employment, nor have they in the past 10 (ten) years been formally disciplined at any academic institution/place of employment. In the event the candidate cannot make this representation, they will be expected to disclose in writing to the hiring Dean the circumstances surrounding any formal discipline that they have received, as well as any current or ongoing investigation or disciplinary process of which they are the subject. (Note that discipline includes a negotiated settlement agreement to resolve a matter related to substantiated misconduct.)
All senate faculty job offers will be explicitly contingent on the candidate certifying that they have not been formally disciplined and are not currently the subject of a disciplinary proceeding, or, alternatively, that they have disclosed any formal discipline or ongoing disciplinary proceeding in writing to the hiring Dean.
Any disclosures a candidate makes to their hiring Dean will be considered by the Dean in consultation with me, prior to the offer being finalized. If we determine that the candidate’s prior misconduct or ongoing disciplinary proceeding suggest that the candidate may pose a significant risk to the UC Santa Cruz community, the offer will be withdrawn. If the facts of the disclosure and/or its remoteness in time suggest that the candidate poses no significant risk to the UC Santa Cruz community, the offer will be finalized.
I am grateful to the committees of the Academic Senate that reviewed this procedure in draft form and provided valuable feedback.
Best regards,
Lori Kletzer
Campus Provost and Executive Vice Chancellor
CC:
Divisional Academic HR Coordinators
Department Managers
Academic Personnel Office
