Bill Text: PA HB45 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for college and university faculty and staff criminal history background investigations and self-disclosure requirements.

Spectrum: Moderate Partisan Bill (Republican 32-7)

Status: (Introduced - Dead) 2011-06-06 - Laid on the table [HB45 Detail]

Download: Pennsylvania-2011-HB45-Introduced.html

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PRINTER'S NO. 20
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 45 Session of2011
INTRODUCED BY BAKER, REICHLEY, STERN, HESS, BARRAR, CAUSER, CONKLIN, DeLUCA, FLECK, GABLER, GEIST, GEORGE, GINGRICH, HARRIS, KAUFFMAN, MILLER, O'NEILL, PYLE, SONNEY, SWANGER, VULAKOVICH, WATSON, MILLARD, MICOZZIE, BOYD, K. SMITH, KNOWLES, KULA AND PICKETT, JANUARY 19, 2011
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 19, 2011
AN ACT
Providing for college and university faculty and staff criminal
history background investigations and self-disclosure
requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the College and
University Criminal History Background Investigation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Branch campus." A unit of an institution of higher
education which is distinguished by all of the following
characteristics:
(1) An academic degree-granting program or organized
parts thereof offered on a continuing basis.
(2) Location separately identifiable from the main
campus of the parent institution and providing the services
normally associated with the campus.
(3) Legal authority for governance, administration and
general operation derived from the charter or enabling
legislation of the parent institution or of the State System
of Higher Education.
"Community colleges." Institutions now or hereafter created
pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, or the act of
August 24, 1963 (P.L.1132, No.484), known as the Community
College Act of 1963.
"Faculty member." A full-time professor or instructor of any
rank at an institution of higher education.
"Final candidate." The individual to whom an institution of
higher education intends to make a bona fide offer of employment
as a faculty member or staff member.
"Independent institution of higher education." An
institution of higher education which is operated not for
profit, located in and incorporated or chartered by the
Commonwealth, entitled to confer degrees as set forth in 24
Pa.C.S. Ch. 65 (relating to private colleges, universities and
seminaries) and entitled to apply to itself the designation
"college" or "university" as provided for by standards and
qualifications prescribed by the State Board of Education
pursuant 24 Pa.C.S. Ch. 65.
"Institution of higher education." An independent
institution of higher education, a community college, a State-
owned institution or a State-related institution.
"Staff member." A full-time employee of an institution of
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higher education.
"State-owned institution." An institution which is part of
the State System of Higher Education pursuant to Article XX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
"State-related institution." Any of the following: The
Pennsylvania State University, the University of Pittsburgh,
Temple University and Lincoln University and their branch
campuses.
Section 3. Scope.
This act relates to institutions of higher education in this
Commonwealth.
Section 4. Criminal history record information.
An institution of higher education may conduct a criminal
history background investigation prior to hiring an individual
for a full-time faculty or staff position. Such investigation
shall at a minimum include reasonable efforts to obtain
information pertaining to felony convictions and convictions of
other crimes involving sex offenses or misappropriation of
funds.
Section 5. Use of records for employment of full-time faculty
and staff.
(a) General rule.--Notwithstanding the provisions of 18
Pa.C.S. § 9125 (relating to use of records for employment), when
an administrator of an institution of higher education is in
receipt of information which is part of a final candidate's
criminal history record information file, the administrator may
use that information for the purpose of deciding whether to hire
the final candidate as a faculty member or staff member.
(b) Notice.--The administrator shall notify a final
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candidate in writing if the decision not to hire is based in
whole or in part on criminal history record information.
(c) Policy.--An institution of higher education shall
develop and implement a written policy regarding its use of
criminal history record information in its hiring practices
concerning faculty members and staff members, including the
procedure for notifying a final candidate of the requirements of
section 4. The policy shall be disseminated to all faculty
members, staff members and final candidates for employment.
Section 6. Self-disclosure required.
(a) General rule.--An institution of higher education may
require an individual offered employment as a full-time faculty
member or staff member to self-disclose at a minimum the
following criminal history information on a self-disclosure form
as provided by the institution of higher education:
(1) Any Federal felony convictions and any Federal
convictions of other crimes involving sex offenses or
misappropriation of funds.
(2) Any felony convictions in this or any other state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign
nation.
(3) Any convictions involving sex offenses or
misappropriation of funds in this or any other state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign
nation.
(b) Penalty.--An individual hired as a full-time faculty
member or staff member who fails to provide required criminal
history information or provides false information shall be
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subject to termination.
Section 7. Dissemination.
An institution of higher education shall state whether it has
established policies relating to the performance of criminal
history background investigations on full-time faculty members
and staff members in its informational materials and other
literature provided or made available to prospective students.
Section 8. Applicability.
This act shall apply to applications for employment submitted
by individuals seeking to become a faculty member or staff
member at an institution of higher education on or after the
effective date of this section.
Section 9. Effective date.
This act shall take effect in 180 days.
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