University Policy 36
Fraudulent Disclosure and Willful Nondisclosure of Information Relating to Applications for State Employment

Formerly Executive Memorandum 88-87
Initially approved April 1, 1988
Revised July 9, 2001
Administering Office: Human Resources

North Carolina law (NCGS 126-30) prohibits the fraudulent disclosure and willful nondisclosure of information relating to applications for state employment. The law provides that willfully providing false or misleading information or failing to disclose 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 law further requires the University to verify the status of credentials and the accuracy of statements contained in the application of each new employee within 90 days from the date of the employee's employment. The law applies to both SPA and EPA applicants and employees.

A. VERIFICATION

1. Based upon an examination of the position description, the employing unit must verify credentials and other information significantly related to job qualifications. "Credentials" may include, at the discretion of the employing unit, degrees awarded, professional licenses, professional registrations, and professional certifications. "Other information" may include, at the discretion of the employing unit, prior work or study experience.

2. 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 the person or entity responding to the request, with copies of any documents procured incident to the verification process.

3. All verifications should be completed within 90 calendar days from the date of initial employment.

B. SANCTIONS

In accordance with the law, rules and regulations established by the State Personnel Commission, and regulations adopted by the Board of Governors, the following sanctions shall be imposed 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.

1. 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.

2. Upon discovery of the falsification or nondisclosure after employment:

a. 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.

b. 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 shall be 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 and requirements applicable to disciplinary actions against SPA employees, faculty members, administrators, and other EPA employees as required by the laws and regulations of the State of North Carolina, by the policies, rules and regulations of the University, by Section 603 of the University Code, and by Board of Governors' policies applicable to employees exempt from the State Personnel Act.

 

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