The UNC
Policy Manual
300.2.3[r]
Adopted
02/12/88
The
1987 Session of the North Carolina General Assembly enacted legislation
prohibiting the fraudulent disclosure and willful nondisclosure of information
relating to applications for State employment (N.C.G.S. § 126-30). The statute authorized the Board of Governors
to issue regulations to implement this law for all University employees exempt
from the State Personnel Act (Chapter 126 of the North Carolina General
Statutes). Pursuant to that mandate, the
following regulations are hereby adopted.
1. Each application form to be used for
EPA employment shall contain the following statement to be signed by the
applicant:
North
Carolina law requires notice to every applicant for State employment that
willfully providing false or misleading information or failing to disclosure
relevant information shall be grounds for rejection of an application or later
disciplinary action or criminal prosecution. Dismissal from employment shall be
mandatory in any case in which a false or misleading representation is made in
order to meet position qualifications.
The employer is required by law to verify an applicant's representations
about credentials and other qualifications relevant to employment. By executing this employment application, you
authorize the release to the University of North Carolina of any document or
information within the possession of a third party, such as an educational
institution or licensure board, that may serve to verify any representations
made by you in this employment application.
2. With respect to EPA employment, each
constituent institution shall establish procedures for verifying
representations made about credentials and other qualifications pertinent to
the position. These procedures shall include the following:
a. Based
upon an examination of the position description, the employer must verify
credentials and other information significantly related to job qualifications.
"Credentials" may include degrees awarded, professional licenses,
professional registrations and professional certifications. "Other information" may include
prior work or study experience.
b. A
written record of the verification(s) shall be made and maintained in the
employee's personnel file. This record
shall include the date of verification, the method of verification, the name of
the official requesting the verification and the name of person or entity responding
to the request, with copies of any documents procured incident to the
verification process.
c. All
verifications should be completed within 90 days from the date of initial
employment.
3. With each constituent institution
shall establish sanctions for the willful falsification of credentials or other
information significantly related to job qualifications or responsibilities or
the willful nondisclosure of information significantly related to job
qualifications or responsibilities.
These sanctions shall include the following:
a. Upon
discovery of any such falsification or nondisclosure prior to employment, the
applicant shall be disqualified from any further consideration for the position
in question.
b. Upon
discovery of the falsification or nondisclosure after employment:
1. If the employee was determined to be
qualified and was selected for a position based on false representation about
credentials or other requirements for the position, the employee shall be
dismissed.
2. For
all other willful falsifications or willful nondisclosures, the discipline
imposed shall be based upon the circumstances of each case. Sanctions may include dismissal, demotion,
reduction in pay and written reprimand.
In determining the level of the sanction to be imposed, the following
criteria maybe relevant: sensitivity of the employee's position; effect of the
false information on the hiring decision; advantage gained by the employee over
other applicants; effect of the false information on the starting salary; and
the advantage gained by the employee in subsequent promotion and salary
increases. The employee's performance in
the position, whether satisfactory or unsatisfactory, should not be considered
in determining the level of sanction.
3. Penalties
will be imposed by the university only in accordance with procedural safeguards
applicable to disciplinary actions against faculty members, administrators, and
other employees, as required by Section 603 of The Code, and by Board of Governors policies applicable to other
employees exempt from the State Personnel Act.