Daniel Swinton, senior executive vice president of The
NCHERM Group, a law and consulting firm that advises schools and colleges on
risk management, said that if Roth lied on his application and the background
check missed his convictions, it would most likely be cause for Roth’s
immediate dismissal.
But if Y.U. hired Roth knowing about his convictions,
Swinton said, that also poses a problem for Y.U.
Swinton, who specializes in sexual violence training,
prevention and investigation, said: “Unless there’s some sort of extenuating
circumstances, it’s surprising to me an institution would hire someone like
this to be around its younger students — any of its students really — with a
background like this.”
Swinton added: “Given what [Y.U.] is currently experiencing
with these abuse allegations, you would think they would be more attuned to the
issues.”
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Daniel Swinton, senior executive vice president of The
NCHERM Group, a law and consulting firm that advises schools and colleges on
risk management, said that the majority of colleges submit new hires to a
criminal background check.
The minority of colleges who do not background check staff
are usually smaller institutions that are reticent to spend the time or money
on such a check, he said. But Swinton added that not running a criminal
background check is “not best practice and not advised in this day and age.”
He said that to ask about a criminal record on an
application form but to not follow up with an independent background check is
“asking for trouble, really.”
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