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Fraudulent
Disclosure and Willful Nondisclosure of
Information Relating to Applications for State Employment
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.
Formerly Executive
Memorandum 88-87
Initially approved April 1, 1988
Revised July 9, 2001
Administering office: Human Resources
Posted
July 30, 2001
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