Human Resources Office FAQs

Yes. Information regarding training opportunities will be forthcoming.

UWS employees who are health practitioners, social workers, law enforcement officers, child care providers, and counselors must report if the employee has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect to the child will occur. A UWS employee who is a mandatory reporter under Wis. Stat. § 48.981(2)(a) must comply with the requirements of the state mandatory reporter law and is not subject to the requirements of Executive Order #54

An employee making a report in compliance with Executive Order #54 may not be discharged from employment, disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment. In addition, anyone may report child abuse or neglect and state law provides that any person or institution participating in good faith in the making of a report shall have immunity from civil or criminal liability.

Executive Order #54 does not contain any penalties for failing to report child abuse or neglect. However, failure to report that results in a child being subjected to additional harm could be the basis for a civil negligence action and it is a criminal misdemeanor to fail to report a crime or render assistance where a crime is being committed and the victim is exposed to bodily harm. Additionally, if an individual is a mandatory reporter under existing state law, failure to report may result in up to $1,000 in fines and/or imprisonment of not more than 6 months.

Currently, the Wisconsin mandatory reporter law requires certain persons such as health practitioners, social workers, law enforcement officers, child care providers, counselors, school teachers and administrators, and, more recently, all school employees, to report child abuse and neglect. Universities of Wisconsin employees are generally not mandatory reporters of child abuse and neglect under state law. Executive Order #54, however, makes all Universities of Wisconsin employees mandatory reporters of child abuse and neglect.

A person with knowledge of child abuse or neglect must report to the county department of social services or the county department of human services, or to the county sheriff or city, village, town, public university or college police department. In a county having a population of 500,000 or more, a person may also report to the county department of social services, the county department of human services, or a licensed child welfare agency under contract with the county department of social services or the county department of human services. Reports of alleged child abuse or neglect should be made to the county where the child or the child’s family resides. To contact the appropriate county department of social/human services, you may go to the Wisconsin Department of Children and Families.

Executive Order #54 states that child abuse or neglect must be reported immediately in person or by telephone. However, a Wisconsin court determined that a preliminary investigation to verify the allegations before reporting may be appropriate. Such preliminary investigation must be prompt.

Wisconsin law defines “neglect” as “failure, refusal or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.”

Wisconsin law defines “abuse” of a child to include any of the following:

(1) Physical injury inflicted on a child by other than accidental means. “Physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm.

(2) Sexual intercourse or sexual contact with a child under §§ 940.225, 948.02, 948.025, or 948.085.

(3) Sexual exploitation of a child.

(4) Permitting, allowing or encouraging a child to violate the statute prohibiting prostitution.

(5) Causing a child to view or listen to sexual activity.

(6) Exposing genitals or pubic area to a child or exposing a child’s genitals or pubic area.

(7) Manufacturing methamphetamine with a child present, or in a child’s home (including the premises of a child’s home or in a motor vehicle locates on the premises of a child’s home), or under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child.

(8) Emotional damage for which the child’s parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.

For purposes of child abuse and neglect, a “child” is a person who is less than 18 years of age.

Executive Order #54 states that all employees of the Universities of Wisconsin including professors, administrators, coaches, and others must report child abuse and neglect. Therefore, all full-time and part-time employees, including faculty, academic staff, classified staff, and student employees must report child abuse and neglect. The existing mandatory reporter law requires health practitioners, social workers, law enforcement officers, child care providers, and counselors, among others, to report child abuse and neglect.

Regent Policy #20-10, Resolution 9276, adopted 12/08/06

Any questions related to the policy, including interpretations and resource locations should be directed to the UW-Superior Human Resources Office, Main 201, PO Box 2000, Superior, WI 54880, 715.394.8220.

All vacancy announcements must contain the following statement: “Employment will require a criminal background check”

The following language will be added for full ads: “Employment will require a criminal background check A pending criminal charge or conviction will not necessarily disqualify an application. In compliance with the Wisconsin Fair Employment Act, UW-Superior does not discriminate on the basis of arrest or conviction record.

Human Resources will be responsible for documenting the basis for the decision to appoint or to refuse to appoint a candidate based on the CBC review. Records gathered as a result of a CBC will be kept by Human Resources in separate, sealed files segmented by the applicant/employee’s name. The files will be maintained separately from the applicant/employee’s general personnel record. The records will be securely maintained for a period of seven (7) years after the position has been filled, and may be accessed only on a need-to-know basis or as required by applicable law. The records will be destroyed in the eighth year after the hiring decision as been made.

Information collected in connection with the background check will be treated confidentially to the extent permitted by the Wisconsin Public Records Act and other applicable laws. An individual(s) in Human Resources will be designated as responsible for all aspects of conducting criminal background checks and appropriate training shall be provided.

The results will be provided to the candidate by Human Resources and the candidate will be given a three working day time period to refute the information. Additional time extensions may be provided to the candidate at the discretion of Human Resources.

The vendor, Hire Right, must comply with the Wisconsin Fair employment Act, the federal Fair Credit Reporting Act (FCRA) and other applicable laws to ensure individuals are not discriminated against because of arrest or conviction records. For example, if criminal background information is found which could lead to adverse employment action, the individual must be notified of the findings, provided a copy of the report, provided a copy of the “Summary of Your Rights Under the FCRA” and provided the opportunity to respond.

The Chancellor, Provost, Vice Chancellor for Administration and Finance (or their respective designees) and Chair of the affected governance group, in consultation with Human Resources, UW System Legal and the Affirmative Action Officer, will make the final determination on whether to appoint or reject the candidate on the basis of a CBC.

Wisconsin’s Fair Employment Act states that employers cannot discriminate against prospective or current employees based on past or pending arrests or convictions. There are exceptions to the requirement if a “pending criminal charge” or “conviction records” is determined to be “substantially” related to the “circumstance of the particular job”. To determine if there is a “substantial” relationship, the circumstance of an offense will be compared to the circumstances of a job. The more similar the circumstances are, the more likely a “substantial” relationship exists.

If the CBC uncovers a pending criminal charge or a criminal conviction, the Chancellor, Provost, Vice Chancellor of Administration and Finance, and the Chair of the affected governance group, as appropriate, will consult with Human Resources, UW System Legal Counsel, and the Affirmative Action Officer, to determine whether the criminal activity is substantially related to the functions of the position.

Yes, the consent form is required by federal and state law. Individuals who decline to sign the consent form will no longer be considered a candidate for the vacancy. The candidate will submit the consent form directly to Human Resources where it will be maintained in confidence to the extent permitted by the Wisconsin Public Records Act and other applicable laws.

The standard package for criminal background checks conducted through Hire Right, Inc. includes:

•  Social Security Number Trace – Authenticates applicant’s information and generates a list of addresses the applicant has lived at for the last seven years; as part of the trace, the University may verify that the social security number is valid and appropriately assigned to the applicant.
• Criminal Felony/Misdemeanor by county of residence – superior and municipal court records in any county in the US.
• Sex Offender Registry – sex offender search by state.

The CBC will be conducted through the Human Resources Department. UW-Superior has contracted with an outside vendor, Hire Right, to perform the checks. A key component of this role involves keeping information confidential except on a need-to-know basis or as required by the Public Records Act.

The hiring department is responsible for costs associated with a CBC which will be paid through a central fund. Generally, a CBC will average $50.00, while a student CBC will average $15.00. International searches are higher and differ according to the country.

Generally, Human Resources will receive results in two days.

No, individuals may not begin employment until they have successfully completed a CBC. A CBC will be conducted on candidates recommended for hire, either prior to the extension of an offer or as part of an offer of employment that is made contingent on a successful criminal background check.

Other checks may already be conducted on campus due to job duties covered by the Wisconsin Caregiver Law, Fiduciary Responsibility Law, or a similar law requiring a CBC or that UW-Superior considers a position of trust. For example, Police Officers are required to undergo checks which are conducted under the direction of the Director of Campus Security. The Human Resources Department does not process the checks indicated above unless requested to do so in the hiring process.

The following provisions apply to CBC for foreign nationals:

1. If the individual has lived in the United States for less than six months, a CBC will be conducted in the individual’s prior country(ies) of residence if the country(ies) of residence provides criminal background information.

2. If the individual has lived in the US for more than six months, a CBC will be conducted both in the individual’s prior country(ies) of resident and in the United States.

3. Human Resources will make every effort to ensure international searches are conducted as timely as possible.

4. Media searches are not considered a criminal background search.

The policy applies to all unclassified, classified, student, temporary, ad hoc and LTE appointments. All new employees who have not previously been employed by the University or another UW institution or in the case of Classified Service, employed by the State of Wisconsin; or previously employed individuals who have had a break in service of 12 months or more will require a CBC. Current employees of the UW system or state agencies transferring to UW-Superior will not be subject to a CBC unless a check would otherwise be required by law (e.g., fiduciary responsibility law or caregiver law) or policy. In addition, a CBC would be required for certain changes in employment status. An LTE appointment changing to a classified staff position is considered a new hire as well as a student employee changing to an unclassified position.

The policy requires that UW-Superior conduct a CBC on each new hire for a University position.

December 1, 2007