1Providing for college and university faculty and staff criminal
2history background investigations and self-disclosure
3requirements.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Short title.

7This act shall be known and may be cited as the College and
8University Criminal History Background Investigation Act.

9Section 2.  Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Branch campus."  A unit of an institution of higher 
14education which is distinguished by all of the following 
15characteristics:

16(1)  An academic degree-granting program or organized

1parts thereof offered on a continuing basis.

2(2)  Location separately identifiable from the main
3campus of the parent institution and providing the services
4normally associated with the campus.

5(3)  Legal authority for governance, administration and
6general operation derived from the charter or enabling
7legislation of the parent institution or of the State System
8of Higher Education.

9"Community colleges."  Institutions now or hereafter created 
10pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, 
11No.14), known as the Public School Code of 1949, or the act of 
12August 24, 1963 (P.L.1132, No.484), known as the Community 
13College Act of 1963.

14"Faculty member."  A full-time professor or instructor of any 
15rank at an institution of higher education.

16"Final candidate."  The individual to whom an institution of 
17higher education intends to make a bona fide offer of employment 
18as a faculty member or staff member.

19"Independent institution of higher education."  An 
20institution of higher education which is operated not for 
21profit, located in and incorporated or chartered by the 
22Commonwealth, entitled to confer degrees as set forth in 24 
23Pa.C.S. Ch. 65 (relating to private colleges, universities and 
24seminaries) and entitled to apply to itself the designation 
25"college" or "university" as provided for by standards and 
26qualifications prescribed by the State Board of Education 
27pursuant 24 Pa.C.S. Ch. 65.

28"Institution of higher education."  An independent 
29institution of higher education, a community college, a State-
30owned institution or a State-related institution.

1"Staff member."  A full-time employee of an institution of 
2higher education.

3"State-owned institution."  An institution which is part of 
4the State System of Higher Education pursuant to Article XX-A of 
5the act of March 10, 1949 (P.L.30, No.14), known as the Public 
6School Code of 1949.

7"State-related institution."  Any of the following: The 
8Pennsylvania State University, the University of Pittsburgh, 
9Temple University and Lincoln University and their branch 
10campuses.

11Section 3.  Scope.

12This act relates to institutions of higher education in this
13Commonwealth.

14Section 4.  Criminal history record information.

15An institution of higher education may conduct a criminal
16history background investigation prior to hiring an individual
17for a full-time faculty or staff position. Such investigation
18shall at a minimum include reasonable efforts to obtain
19information pertaining to felony convictions and convictions of
20other crimes involving sex offenses or misappropriation of
21funds.

22Section 5.  Use of records for employment of full-time faculty
23and staff.

24(a)  General rule.--Notwithstanding the provisions of 18 
25Pa.C.S. § 9125 (relating to use of records for employment), when 
26an administrator of an institution of higher education is in 
27receipt of information which is part of a final candidate's 
28criminal history record information file, the administrator may 
29use that information for the purpose of deciding whether to hire 
30the final candidate as a faculty member or staff member.

1(b)  Notice.--The administrator shall notify a final
2candidate in writing if the decision not to hire is based in
3whole or in part on criminal history record information.

4(c)  Policy.--An institution of higher education shall
5develop and implement a written policy regarding its use of
6criminal history record information in its hiring practices
7concerning faculty members and staff members, including the
8procedure for notifying a final candidate of the requirements of
9section 4. The policy shall be disseminated to all faculty
10members, staff members and final candidates for employment.

11Section 6.  Self-disclosure required.

12(a)  General rule.--An institution of higher education may
13require an individual offered employment as a full-time faculty
14member or staff member to self-disclose at a minimum the
15following criminal history information on a self-disclosure form
16as provided by the institution of higher education:

17(1)  Any Federal felony convictions and any Federal
18convictions of other crimes involving sex offenses or
19misappropriation of funds.

20(2)  Any felony convictions in this or any other state,
21territory or possession of the United States, the District of
22Columbia, the Commonwealth of Puerto Rico or a foreign
23nation.

24(3)  Any convictions involving sex offenses or
25misappropriation of funds in this or any other state,
26territory or possession of the United States, the District of
27Columbia, the Commonwealth of Puerto Rico or a foreign
28nation.

29(b)  Penalty.--An individual hired as a full-time faculty
30member or staff member who fails to provide required criminal

1history information or provides false information shall be
2subject to termination.

3Section 7.  Dissemination.

4An institution of higher education shall state whether it has
5established policies relating to the performance of criminal
6history background investigations on full-time faculty members
7and staff members in its informational materials and other
8literature provided or made available to prospective students.

9Section 8.  Applicability.

10This act shall apply to applications for employment submitted
11by individuals seeking to become a faculty member or staff
12member at an institution of higher education on or after the
13effective date of this section.

14Section 9.  Effective date.

15This act shall take effect in 180 days.