It’s not clear exactly how to make sure a university is
alerted to a job candidate’s past violations, said Daniel Swinton, a lawyer and
managing partner at the National Center
for Higher Education Risk Management in Berwyn, Pennsylvania, which
advises universities on issues including Title IX.
Often a university doesn’t know when an employee is applying
to work elsewhere, so they wouldn’t know to disclose the information, he told ScienceInsider.
Also, universities are often loath to release details of a person’s personnel
record. State employment laws frequently restrict disclosure of such
information, and universities are gun shy of potential lawsuits, Swinton said. Universities
already have the option of noting disciplinary actions on student transcripts,
he noted, but many don’t.
One possible option is to require the hiring institution to
ask recent employers and references about any disciplinary action or Title IX violations,
Swinton said. But he predicted any federal efforts to open up personnel files
would face legal challenges by groups representing employees. And if violations
were disclosed, he predicts that the disclosure would almost certainly not
include a complete investigator’s report.
“A few sentences is what I think most institutions would be
willing to do,” Swinton said. “And that’s not being chicken. That’s just the
world we live in.”
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