May 16, 2007

Just a Google Search Away

When the University of Mary Washington fired its president last month, it was over what he said was a “highly unusual” incident that was “totally out of character.” William J. Frawley, after only 10 months on the job, had been charged with two separate counts of drunk driving on two consecutive days in April and will face court dates in July.

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What the university didn’t know — nor, apparently, did the search firm that helped select him — was that Frawley had been arrested some 19 years previously in Delaware. According to The Free Lance-Star of Fredericksburg, Va., Frawley was charged with concealing a deadly weapon after threatening people with a knife.

The charge was dropped — which would explain why the search firm, Korn/Ferry International, didn’t come across the incident in its background check. But it doesn’t explain why the firm didn’t find a report of the arrest in a routine Internet search, as a Free Lance-Star reporter did soon after Frawley’s drunk-driving charges in mid-April. The resulting article was published on Sunday.

The Google search turns up a link to the concluding chapter of a 2002 academic book about the controversial Pioneer Fund, titled The Funding of Scientific Racism. Frawley appears in two paragraphs of the book, in which the author implies that while the future president of Mary Washington was a linguistics professor at the University of Delaware, he was the victim of a smear campaign in the midst of a debate over Pioneer funding.

Frawley was involved in an academic brouhaha at Delaware pitting those, like himself, who found the Pioneer Fund’s agenda of financing studies on racial disparities to be questionable against the organization’s defenders, who argue that it supports research that is controversial and would otherwise be difficult to secure funding for. The debate was sparked after a faculty member at the university received a grant from the fund.

The Funding of Scientific Racism author also pointed out that a critic of Frawley’s views described the knife incident in another book, “suggesting the image of a dangerous lunatic.” However, the author continues to refute the critic since “the incident involved Frawley’s confrontation with a man who had been stalking his wife, and as soon as the police learned the facts, all charges were immediately dropped.” (According to a footnote, this was based on a 2000 interview with Frawley.) He was also described by a Pioneer lawyer quoted by the author as someone who had “gotten into fights at cocktail parties.” Frawley has not been commenting to the press.

The Free Lance-Star confirmed that the original news report of the incident referred to in the book was published in The News Journal of Wilmington, Del., and corroborated in court records.

Standard Procedure?

The question of whether the search firm should have unearthed the report isn’t just academic: per a standard clause in the university’s contract with Korn/Ferry, the firm must provide services for a new presidential search since the last one resulted in a candidate who was fired, with cause, not long after his term began. The university hasn’t decided yet whether it will use the firm again — the Board of Visitors will discuss the next search at a retreat in July — but a decision would almost certainly rest on whether it is determined that the firm overlooked key details in Frawley’s history that could have had an impact on his performance as president.

In Frawley’s case, the Delaware incident — had it been known during the search process — might or might not have been deemed relevant, depending on the circumstances surrounding the events and any subsequent investigation (as opposed to second-hand reports wielded by dueling academics in their respective books).

Korn/Ferry did not respond to repeated requests for comment, and even the university has been unable to get in touch with the company recently, according to Teresa Mannix, its director of news and public information. Representatives of other executive search firms specializing in higher education emphasized Korn/Ferry’s prestige, and Mannix said its worldwide reputation — as well as its success elsewhere in Virginia — was an important factor in selecting the company for the president search.

Consultants at other firms in the industry agreed that Internet searches and background checks were standard procedure. Ron Stead, a senior consultant at Academic Search, Inc., said that once the pool of finalists is down to a short list, the kinds of checks would typically include searches on Google and Lexis Nexis, a credit check, and interviews with “people ... of our choosing.”

“And also typically we ask them directly, is there anything in your background that could be an embarrassment to you or to your institution along the way?” Stead said.

But search firms don’t always work alone. Often, they will work concurrently with the search committees at the institutions that hired them as consultants. Mannix, who spoke on behalf J. William Poole, a member of the Board of Visitors at Mary Washington, said that in their case there was “no concurrent review” by the search committee. “We really relied on them to do the review process,” she said.

Even if Korn/Ferry did do the requisite Internet searches, there would have been no guarantee that the story would have shown up in the hits, depending on the keywords used. To make things more difficult, a deceased actor by the name of William Frawley (yes, Fred on the “I Love Lucy” show) would have produced pages of results. And even if the firm had found a relevant link on the Internet, there is always the question of whether the information is reliable.

“I guess if you get right down to the specifics in this instance, how consistent are Google searches?” asked Bryan Carlson, president of the Registry for College and University Presidents, which helps universities find interim leaders from among its own contracted administrators. Dennis M. Barden, the senior vice president and education practice leader at Witt/Kieffer, raised similar points.

“The problem with searching online is you get what you get. What you find is dependent on how good you are at it,” he said. “Not everything that’s out there online is the truth. What it does is sensitize you to things you ought to be checking on in other venues.”

Barden said he could think of two instances in which his firm was accused of overlooking pertinent information about a candidate. In both, he said, the company was able to prove that the accusations were not accurate. “That doesn’t mean that we all don’t live in dread fear that something like that will happen,” he added. “That’s why we’re so neurotic; that’s why we check so much.”

And those checks are continually being enhanced with new methods and technologies. “We’re getting better and better and better at this all the time, which is why it’s news when something like this goes wrong,” Barden said.

But as search techniques become more sophisticated, privacy concerns become more pertinent. Search firms are often asked to investigate personal information that may or may not be relevant — but where a candidate’s privacy becomes invaded is an open question. “Search firms are really often caught betwixt and between probing or not probing a particular question or issue, and there are liabilities in both ways, potentially,” Carlson explained. “At some point, you do run the risk of exposing information about an individual, let’s say, where there could be a liability.” And what is relevant, as in Frawley’s case, is an open question.

For Barden, the potentially risky elements of a search will always have to be dealt with. But still, the most old-fashioned background-checking technique remains as useful as ever: “At the end of the day, there’s nothing like looking a person in the eye and asking if they’re telling you the truth.”

— Andy Guess

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Comments

Andy Guess seems unaware that you *cannot* ask a job applicant “Have you ever been arrested?”

You can ask “Have you ever been convicted?”

The reason for this is that a person who was arrested but not convicted is deemed *innocent*.

Of course, nothing stops you from googling someone to find out his/her background. But it would obviously be equally improper to take into account an arrest which did not result in a conviction (as in this case, where the charges were dropped) in the hiring process.

So everyone here has acted correctly and there is no story.

math prof, at 6:50 am EDT on May 16, 2007

go ahead, ask

Math, Where do you get that idea from? There is no prohibition against asking about arrests, parking tickets, or asking whether they have ever been considered “weird.”

Sure, it isn’t fair, but many employers do not want to hire the kind of people that get arrested.

Larry, at 7:35 am EDT on May 16, 2007

Google Searches

First of all, the sheer stupidity of assuming that a “simple Google search” would be able to help you pinpoint accurate information on someone with such a common name.

Secondly, the even more absurd assumption that everything that Google pulls up is “true” and thus might be used to disqualify a candidate. Tell that to the young women whose reputations were smeared on the Autooadmit list serv by anonymous posters.

Sounds like the author has an axe to grind. I, too, cannot fathom how this is supposed to be newsworthy.

Student, at 7:45 am EDT on May 16, 2007

to student

That is why my firm using Wikipedia to research our hires.

Larry, at 8:40 am EDT on May 16, 2007

Larry, I have been specifically told this by our HR people.

math prof, at 8:40 am EDT on May 16, 2007

This goes to show that colleges and universities will dip into the same old pool to find their presidential candidates. The higher education players have done a poor job of succession building and especially mentoring highly qualified and capable ethnic minorities.

Secondly, the comment made by the student appears to be the most logical one. We cannot jump to conclusions. If we did, almost no one from the good old pool will be deemed worthwhile to serve in a leadership role.

Underdog, Lesson to be learned, at 9:50 am EDT on May 16, 2007

Wikipedia Rocks

I’m glad to hear that, Larry. Wikipedia is *so* much more reliable than Facebook or MySpace. :)

Hotornot.com is also a good source of information if you want to approximate how successful a candidate will be in the classroon.

Student, at 9:50 am EDT on May 16, 2007

The larger question this case raises is how effective search firms are in their support of volunteer boards. There is good reason to question the “value” many search firms bring to their clients. The search industry’s quality of service to higher education is largely unexamined. The fees charged are usually way out of proportion to service provided. Firms are generally lacking in imagination related to ’sourcing” candidates. And, the big firms are generally already looking for their next client the minute they sign you up ! Boards of trustees are where the “buck stops” in presidential searches, and they need to do a much better job exercising leadership. Search firms should only be viewed as a useful aid to Boards. Like many other colleges/universities, mary Washington got what they paid for...it’s an all too common tale.

Trustee, at 10:20 am EDT on May 16, 2007

Math Prof said “The reason for this is that a person who was arrested but not convicted is deemed *innocent*.”

Dear Math Prof, stick to your math classroom! A person who is arrested will be guilty the rest of their life. This story is perfect evidence of that. There is nothing implied about guilt or innocence when charges are dropped, but your name is now in the system with the ominous statement that charges were dropped......

And Larry, I hope you are being facetious!

Greg, at 10:20 am EDT on May 16, 2007

If employers have the (unfair) right to discriminate against people who have been arrested and not convicted (maybe not even tried) — then a false or “non-guilty” arrest can severely damage the arrestee.

Who is responsible for this damage? “Sovereign immunity” gives the arresting agency a free ride. What about suing others for damages?

Of course, I’m thinking about the Duke lacrosse players who were arrested.

henry, at 10:20 am EDT on May 16, 2007

arrests are fair game

Folks, I am being serious. In most cases, asking about arrests are fair game. And, let me assure you all, that I am a card-carrying member of the ACLU. (Well, by “carrying” I mean, I keep it at home, next to my “cheese of the month” club card.)

There are many unfair things in this world that can make an interviewee look bad, arrests are but one of them. For example, if one were to ask an interviewee, “Have you ever been refused a job because your boss didn’t want to tell his clients that you went to a low-ranked school?” There would be nothing wrong with that. Likewise, there is nothing illegal about asking about grades, even though they are often arbitrary or unfair. Same deal with 1) being late with paying bills (even if the post office lost your check); or 2) getting into a car accident.

The law of sovereign immunity itself is quite complicated, but suffice to say, it doesn’t bar all claims. Moreover, most states have partially abrogated their immunity for some actions.

All in all, there are many things that are worse than an erroneous arrest.

Now, some states do have some laws on the subject that apply to private employers, but they are in the extreme minority, and there are numerous exceptions to such provisions.

Some employers simply don’t want to hire the type of people that live their lives in a way that leads to the attention of the police. They figure that even if innocent, they will attract unwanted attention.

Finally, to Math Prof: Do not trust HR people. If you really have a question on this, ask your legal counsel. If you are serious, you will get a copy of the relevant statute, regulation, or whatever policy statement they are relying upon, and what the repercussions for asking, “Have you ever been arrested” might be. HR-people, at best, just repeat what they are told.

Larry, at 11:05 am EDT on May 16, 2007

simple search?

While I certainly agree that people should inform themselves about potential candidates, I’d like to address the assumption that we’re dealing with a simple search here.

There is nothing simple about the search to which the author links. It is only simple when you already know the story. It’s not clear from this article that the story about the knife in Delaware was known and simply not researched. If it wasn’t known then what is the suggestion here? That one do a search on every possible weapon and every possible state for every possible candidate?

It would’ve been interesting to hear what searches the journalist did implement initially to find more information about this person. It may be that the information was a simple query away, but the one cited in the article doesn’t qualify.

SW, at 11:05 am EDT on May 16, 2007

The “simple Google search” highlighted in the article appears to be for the words “large knife passerby frawley delaware.” That doesn’t seem to be a simple or obvious search at all. Of course, now the search turns up this and other news stories about the search...

A minor correction for our Math professor: not being convicted does not make one “innocent.” It makes one “not guilty.” It’s a subtle but very important difference.

Kevin Guidry, at 11:10 am EDT on May 16, 2007

Wiki, Facebook,Hotornot, Google, etc.

I do hope that anyone who attempts to use these sources for investigative purposes does not rely on them for truth. It seems to me that if one uses any of these and finds evidence to arouse suspicion, that one would not rely on such evidence and would instead go to more reliable sources and ask questions!

I am amazed that anyone working in an academic environment would even consider Googling or Wikipedia as an end-all, be-all investigation!

Mona, at 11:10 am EDT on May 16, 2007

arrests and convictions on employment records

Larry and mathprof: whether you can ask about arrests or convictions, and for what type of crime, depends on the jurisdiction you are in, just like most other kinds of laws.

ML, at 11:20 am EDT on May 16, 2007

I Was Only Kidding!!!

Dear Mona,

I hope you realize I was only kidding when I suggested Hotornot.com and Wikipedia as viable job candidate screening methods!

Student, at 12:00 pm EDT on May 16, 2007

Google Search

A legitimate point was raised about the search terms used in the query linked within the article. No one would expect a search firm to use the word “knife” in a background check on Google without prior knowledge of an incident. Even so, the page mentioning Frawley’s arrest in Delaware still shows up in a more generalized search, on page 6 of the results:

http://www.google.com/search?q=wi...L_enUS220US220&start=50&sa=N

Keep in mind that shortly after his April drunk-driving charges, there would also have been less written about Frawley on the Web to sift through.

Andy Guess, reporter at Inside Higher Ed, at 12:05 pm EDT on May 16, 2007

Mona

Mona, Wikipedia is important. If someone doesn’t have an entry in Wikipedia, we assume that they lied about their name.

Larry, at 2:40 pm EDT on May 16, 2007

innocent, not guilty, not at all

Kevin Guidry,

It means neither “innocent” nor “not guilty” as no charge was brought upon which a pronouncement of guilt or innocence was made. There is nothing to be “not guilty” (or guilty) of, if the charges are dropped.

JD, at 9:20 pm EDT on May 16, 2007

Kevin writes, ‘A minor correction for our Math professor: not being convicted does not make one “innocent.” It makes one “not guilty.” It’s a subtle but very important difference.’

Yes this is important — but I think that Kevin is missing another point. A person who is arrested, but not tried, (typically because the charges were dropped) deserves the term “innocent.”

The Duke lacrosse players were never tried. The charges were dropped, and, very unusually, the Attorney General announced that they were “innocent"!

Henry, at 9:40 pm EDT on May 16, 2007

Mary Washington Presidential Search and Search Firms

Stranger than Science: while reading the article and various comments (including the article item that the search firm Korn Ferry could not be reached for comment) I was interrupted by a pop-up adverisement for,ahem, Korn and Ferry! Now that’s chutzpah! Can’t answer reporter calls, but can shamelessly advertise.

Relying on (and paying for) search firms is a big mistake for colleges. Korn and Ferry, I think, was the search firm that botched checking the record of Presidential choice John Schumacher at U of Tennessee. I think it is part of a symbolic arms race — a vacant position evidently gains in prestige if its search requires a search firm. Notice this is seldom used for finding professors, but is for athletic directors, vice presidents, provosts, and presidents.

Prof John Thelin, professor at University of Kentucky, at 9:40 am EDT on May 17, 2007

Limits on Application Questions

In hiring faculty, our search committee (large state university) is told that we cannot ask about criminal records, citizenship, marital status, or any information other than the specific criteria listed in the position announcement.

The university’s legal office is concerned that unsuccessful applicants might sue on the basis that they were denied employment because of irrelevant criteria.

Don’t Ask, Don’t Tell, at 12:00 pm EDT on May 17, 2007

Wikipedia is Important?!

As a librarian, I can see why my job of showing students the importance of *credible* sources is so hard. If students are hearing people in higher ed seriously saying that user-generated content like Wikipedia is an important and valuable source, no wonder they don’t know a scholarly source from a hole in the ground. How can we teach them critical thinking skills if we don’t have them ourselves?

Tracy, at 12:20 pm EDT on May 17, 2007

Getting the joke

Several readers don’t understand that the allusion to Wikipedia was a joke, as were the even more comments about consulting MySpace, Hotornot, and Facebook. The authors explained their running gag. But even our librarian did not seem to read the humorous posts before complaining about dangers of Wikipedia (shame: incomplete research!).

That said, I think Wikipedia can be a useful source of information (although not for personnel applications!). Some authors are scholars, while others are amateurs expert on a narrow topic. There is a collegial review and editing process of sorts. The articles usually are linked to scholarly sources. The best subjects for Wikipedia are those which are too new or too proletarian for traditional scholarship, such as popular entertainment and technology. I’ve found excellent articles on computer innovations and biographies of new cultural and political figures.

Wise Guy, at 1:10 pm EDT on May 17, 2007

Tracy is correct. As a librarian I have worked with tenured academics who didn’t know what a citation index was. If the individual in charge of this search were no more competent than outlined in the article, and some of the comments, it is no wonder that the university got what it got.

Ken Davenport, at 4:00 pm EDT on May 17, 2007

Where?

You’re right — I must be missing some source here. I’m only seeing where Larry says, “Folks I’m serious” in response to someone asking if he’s joking and “Wikipedia is important.” Can you point me to where Larry says he doesn’t mean what he says?

Tracy, at 6:45 am EDT on May 18, 2007

I Feel A Sextet of Haikus Coming On

For Tracy ...

My work is sooo hard / Our President’s work is hard / And that Larry? ... Weird!

For Wise Guy ...

Wikipedia? / That’s not critical thinking / My apologies.

For Larry ...

You think I’m joking / Don’t count on it you peons / Lawyers never joke.

For Student ...

You’re stupid! ... Absurd! / Got an axe to grind? ... Grind this!!! / Student @ MySpace.

For Frizbane Manley ...

Can’t be serious? / Everything’s a limerick, huh? / Work must be boring?

For Andy Guess ...

That’s the limit, huh? ../ I wrote the damned article ... / then I explain it.

[Disclaimer: The author of this post may have accessed Wikipedia within the past 24 hours]

Frizbane Manley, at 2:55 pm EDT on May 23, 2007

Is A Dean Really As Stupid As A Jar of Paste?

I murdered my wife while impaired.

“Not guilty!” the jury declared.

I shouted post haste,

“You’re as stupid as paste!”

“I’m innocent dolts ... you have erred!”

Frizbane Manley, at 9:10 pm EDT on May 23, 2007

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