THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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

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.