Sexual misconduct disclosure policy
Table of Contents
Final candidate disclosure process
Sexual misconduct verification process
Sexual misconduct disclosure process: staff
Sexual misconduct disclosure process: covered student employees
Last updated: February 15, 2024
This policy applies to final applicants for staff employment and final candidates for graduate student employment who are in positions of authority over other students.
The University of Washington is committed to ensuring a safe and nondiscriminatory environment for all members of the UW community. As a part of that commitment, and in compliance with Washington state law, final candidates for UW staff and covered student employment are subject to the sexual misconduct declaration and verification process.
Washington state law and University (UW) policy prohibits the UW from hiring candidates for staff and covered student employment who do not complete and sign a sexual misconduct declaration prior to their start of employment and requires the UW to conduct a sexual misconduct verification on the final candidate’s current and past postsecondary educational institution employers prior to offer of employment.
“Sexual misconduct,” includes, but is not limited to, unwelcome sexual contact, unwelcome sexual advances, requests for sexual favors, other unwelcome verbal, nonverbal, electronic, or physical conduct of a sexual nature, sexual harassment, and any misconduct of a sexual nature that is in violation of the postsecondary educational institution’s policies or has been determined to constitute sex discrimination pursuant to state or federal law.
Final candidate disclosure process
Prior to official offer of employment for staff or covered student employment, the UW is required to ask final candidates who are not current UW employees to sign a statement disclosing whether they:
- Are the subject of any substantiated findings of sexual misconduct in any current or former employment.
- Are currently being investigated for sexual misconduct at any current employer.
- Have left a position during an investigation into a violation of any sexual misconduct policy at the applicant’s current or past employers.
- Are the subject of any substantiated findings of sexual misconduct by any relevant association with which they have or have had a professional relationship.
Final candidates are required to provide an explanation for any positive response.
The sexual misconduct declaration authorizes the final candidate’s current and past employers and relevant associations to disclose to the UW any sexual misconduct committed by the candidate and make available to the UW copies of all documents in the previous employer’s personnel, investigative, or other files relating to sexual misconduct, including sexual harassment, by the candidate. The declaration releases the candidate’s current and past employers and relevant associations, and employees acting on behalf of that employer or association, from any liability for providing the information in the sexual misconduct declaration.
Failure to provide complete and accurate information will result in disqualification from employment and withdrawal of any offer of employment.
Sexual misconduct verification process
For Washington State postsecondary education employers
Prior to official offer of employment for staff or covered student employment, the UW is required to request in writing that the final candidate’s current or former Washington state postsecondary educational institution employers disclose whether the candidate:
- Is the subject of any substantiated findings of sexual misconduct
- Is currently being investigated for sexual misconduct
- Has left a position during an investigation into a violation of any sexual misconduct policy
The request must include a copy of the candidate’s declaration and statement.
The UW may request all documents and information in the candidate’s current or former personnel, investigative, or other files relating to any sexual misconduct, including sexual harassment. Final candidates may be asked to execute additional forms required by their current or former employer(s) to release such information to the UW.
Definition of postsecondary educational institution employer
A postsecondary educational institution employer includes any Washington state:
- State university (University of Washington and Washington State University)
- Regional university (Western Washington University, Central Washington University, Eastern Washington University)
- State college (The Evergreen State College)
- Community and technical college
- Degree-granting institution that offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree beyond the secondary level. Degrees include, but are not limited to associate, bachelor, master, doctor, or fellow.
- Private vocational school that offers postsecondary education in any form for the purpose of instructing, training or preparing persons for any vocation or profession.
- School that offers curriculum of instruction in the practice of cosmetology, hair design, barbering, esthetics, master esthetics, manicuring, or instructor-trainee to students and participates in the state financial aid program.
When disclosing information under this section, the sending postsecondary institution is required to keep personal identifying information of the complainant and any witnesses confidential, unless the complainant or witnesses agree to disclosure of their identifying information. Personal identifying information that reveals the identity of the complainant and any witnesses is exempt from public disclosure.
For relevant associations
If a candidate has disclosed a substantiated finding of sexual misconduct at a relevant association, the UW shall request from the identified association(s) all documents in the candidate’s investigative, or other files relating to sexual misconduct.
When requesting information from relevant associations under this policy, the UW will require that any identifiable information about the complainant or witnesses is kept confidential, unless the complainant or witness agree to disclosure of their identifying information.
“Association” means a scholarly or professional organization or learned society that sponsors activities or events for the benefit of individuals affiliated with postsecondary educational institutions, with a code of conduct forbidding sexual misconduct at such activities or events and established investigative procedures for allegations that the code of conduct has been violated.
Sexual misconduct disclosure process: staff
UWHR recruiters will request that all final external candidates to staff positions complete the sexual misconduct declaration prior to official offer of employment via UWHIRES and, if applicable, initiate the sexual misconduct verification process for all Washington postsecondary educational institution employers. The hire will not be finalized until the final candidate completes the declaration and the UW sends the sexual misconduct verification to any listed Washington postsecondary educational institution employer(s). Employers will be asked to respond within 7 calendar days; if no response is received or no sexual misconduct is disclosed after 7 calendar days, the hiring process will move forward. UWHR does not intend for the sexual misconduct declaration process to cause undue delay in the hiring process, however, departments should account for the time needed to complete these required steps.
Current or former UW employees
The sexual misconduct declaration only needs to be completed again if a termination and rehire have been transacted. However, when the final candidate for a position is a current or former UW employee, departments must obtain a reference from the candidate’s current (or most recent) UW manager and contact UWHR to request a review of the candidate’s official personnel record. For more information, review the Reference Checking hiring webpage.
Sexual misconduct disclosure process: covered student employees
The sexual misconduct disclosure and verification process applies to graduate students who will are in a position of authority over other students, this includes:
- Academic student employees in paid positions covered by the ASE-UAW collective bargaining agreement
- All prospective graduate student employees hired to do student assistant work. Any graduate student hired to do student assistant (non-ASE) work must be placed in a graduate student employee job profile Student Assistant – Grad, job code 10889 or Student Assistant UWT – Grad, job code 10981 in Tacoma.
The sexual misconduct disclosure process excludes positions funded by scholarship/fellowship stipends. For more information about student job profiles, visit the Compensation webpage.
Offers of employment to prospective student employees
Before making an official offer of employment, departments hiring covered student employees are required to request that the prospective student employee complete the sexual misconduct declaration This requirement applies to offers of employment-based funding made as part of admissions to graduate programs as well as offers of employment not tied to admissions.
Covered student employee applicants complete the sexual misconduct declaration through the Sexual Misconduct Declaration Tool (“Tool”), which initiates the Washington state postsecondary educational institution employer sexual misconduct verification process, if applicable.
Process for options for employment-based funding
- Complete sexual misconduct declaration (SMD) prior to offer. This option allows a department to make an offer of employment-based funding that has no contingencies because the SMD process is complete. This option additionally, allows a department to send one letter that has both an offer of admission and an offer of employment-based funding.
- Hiring departments identify applicants most likely to be admitted and offered employment-based funding.
- Hiring departments initiate and complete the SMD process for identified applicants.
- Departments send one letter of admission and of employment-based funding to final candidate.
- Complete the sexual misconduct declaration after offer. This process allows departments to send early admission offers. However, departments will have incomplete information about applicants and may need to revoke an offer.
- Hiring departments finish the admissions process.
- Send a separate offer of admissions with no information specific to the recipient regarding employment-based funding.
- Initiate the sexual misconduct declaration process.
- Send a separate and contingent offer of employment-based funding prior to the completion of the SMD process.
Process options for employment not tied to admissions
- Complete the SMD process prior to offer. This process allows the department to make an offer of employment that has no contingencies because the sexual misconduct declaration process is complete prior to an offer of employment.
- Finish the admissions process.
- Send a separate offer of admissions with no information specific to the recipient regarding employment-based funding.
- Initiate the sexual misconduct declaration process.
- Send a separate and contingent offer of employment-based funding prior to the completion of the SMD process.
- Complete the SMD process after offer. This option shortens the overall process, but a department will have incomplete information before making a contingent offer of employment.
- Finish the recruitment process.
- Initiate the sexual misconduct declaration process.
- Send a separate and contingent offer of employment prior to completion of the SMD process.
Department notification of outcomes
Upon completion of the declaration and employer verification, if applicable,, the Tool will notify the hiring department whether the prospective student employee is eligible for employment. For any result that requires review, UWHR will contact the Graduate School and hiring departments. Departments should not proceed with extending an official offer of employment prior to receiving confirmation that the SMD process is complete.