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From page 14... ...
As more and more academic and research institutions implement anti-passing-the-harasser policies, their individual choices for the scope of the policy and implementation mechanics can inform other institutions considering such polices. The goal of this section is to highlight key decision points and considerations regarding policy scope and implementation to assist individual institutions that want to craft policies for preventing passing the harasser.
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From page 15... ...
. Similarly, the Association of American Universities established Principles on Preventing Sexual Harassment in Academia in 2021, which can guide not only member institutions but also all IHEs in creating their own anti-passingthe-harasser policies (AAU, 2021)
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From page 16... ...
issues. By using existing policy frameworks in this way, institutions can more easily promote buy-in and initiation of the effort to create and implement the policy.
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From page 17... ...
principles encourage institutions to educate the American Universities, can Universities campus community on preventing sexual harassment, to ensure operate under guiding sexual harassers are not passed from one institution to the principles to prevent next, and to provide victims with the resources to report abuse "pass(ing) the harasser." without retaliation and to hold perpetrators accountable" (DOW)
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From page 18... ...
It is useful to consider what forms of misconduct are of interest to hiring institutions, not only because of the potential efficiency found in asking about all forms of misconduct at once, but also because sexual harassment can be combined with gender and racial harassment in an intersectional manner than makes it challenging to classify as one form of harassment alone (NASEM, 2018)
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From page 19... ...
Another option is for the hiring institution to utilize other processes already in place for requesting information from candidates' previous institutions, to promote efficiency and minimize response burdens. For example, UC Davis offers "a coordinated process for conducting reference checks that also encompasses any form (or combination)
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From page 20... ...
Adding misconduct-related questions to reference checks already directed by academic or senior staff search committees to appropriate faculty and staff at former institutions would be more efficient. However, individuals who typically receive standard academic or administrative reference check requests, such as deans, department chairs, or senior staff, may not have knowledge of or access to key misconduct-related information, due to privacy laws and policies, thereby leaving such information uncovered.
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From page 21... ...
If requests cover substantiated findings, but California, Davis substantiated academic misconduct found following a formal only findings of misconduct ask applicants to self-attest investigation," and asking candidates to "attest that they have and not allegations, that they are not currently not been disciplined in the last 5 years and are not currently open investigations, or being investigated. the subject of an investigation." investigations that could not be completed due to Ask for information more University of The UW System's policy covers "violations, open subject departure, then broadly, but adverse Wisconsin investigations, and instances in which candidates left their important information may be information would not System previous position(s)
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From page 22... ...
Consolidate information University of UC Davis offers "a coordinated process for conducting The hiring process already requests for all forms of California, Davis reference checks that also encompasses any form (or involves many steps, and misconduct. combination)
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From page 23... ...
. These two-hour workshops review research driven best practices to recruit for diversity and excellence across every stage in the search process." Build peer faculty training University of "We found that the Faculty Equity Advisor Program could (through advisors and a California, fill the gaps between Department Chairs who were conflict train-the-trainer model)
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From page 24... ...
be made of them and prior employers. Applicants also will be notified that final candidates are required to authorize current and former employers to disclose Findings of Sexual Misconduct or Sexual Harassment as part of the hiring process." The Ohio State Ohio State requires all candidates for tenured faculty University positions to complete an authorization form at the beginning of the application process that gives permission to contact current and past employers and to gather information on any misconduct; the hiring process cannot move forward without this authorization, but they will not reach out to employers unless the candidate is a finalist for the position.
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From page 25... ...
[in] the faculty and staff employment application in PageUp, the university's applicant portal and administration system." Include the information University of The UC Davis policy focuses on the reference check stage request in the existing California, Davis of the hiring process, introducing a "coordinated process for reference check process.
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From page 26... ...
Applicants also will be notified that final candidates are required to authorize current and former employers to disclose Findings of Sexual Misconduct or Sexual Harassment as part of the hiring process." The Ohio State Ohio State requires all candidates for tenured faculty University positions to complete an authorization form at the beginning of the application process that gives permission to contact current and past employers and to gather information on any misconduct; the hiring process cannot move forward without this authorization, but they will not reach out to employers unless the candidate is a finalist for the position. Ohio State also adds language to all offer letters that require applicants to agree that they have disclosed all information about "all employment-related misconduct findings and pending disciplinary proceedings." 26
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From page 27... ...
Many institutions share concerns that if they have to wait for the results of the disclosure request, an applicant may accept an offer from a competitor. As discussed, this risk can be mitigated by minimizing the amount of information requested, requiring self-disclosures, or by issuing tentative offers that are dependent on but can be offered prior to the results of a reference check.
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From page 28... ...
These concerns can be mitigated by limiting requests for information to only substantiated findings, asking applicants to self-attest regarding their history of misconduct findings and investigation processes (or lack thereof) , and/or asking applicants to sign releases allowing prior institutions to respond appropriately to disclosure requests as part of the application process.
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From page 29... ...
Purdue Purdue requires that "all offers of employment to new hires to University the University will be made contingent upon the results of a Misconduct Screening." Hiring decisions. IHEs do Policies that require University of "In the event a Finding has been made against a candidate, not want to feel restricted in information-gathering efforts Illinois System the candidate shall be permitted an opportunity to provide their ability to make hiring do not have to stipulate any an explanation for consideration prior to a final decision.
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From page 30... ...
To ensure that all UW campuses avoid automatic disqualification of candidates upon disclosure of sexual misconduct information, the UW policy requires that all disclosures be weighed as part of the evidence-based hiring process. This hiring process takes into account the relevance of the violation(s)
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From page 31... ...
may to ensure equitable decision- to evaluate the effectiveness of the policy and is reviewing face harsher penalties for making. other evaluation approaches for similar policies (e.g., the adverse information compared Washington State policy to prevent passing the harasser and with peers who do not belong reduce sexual harassment)
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