Court: Some Pennsylvania Professors Must Have Background Checks

January 20, 2016

Faculty members at Pennsylvania’s 14 state universities teaching introductory, 100-level courses must complete criminal background and child abuse clearance checks, according to a state court. The decision reverses -- in part -- a suspension of such checks imposed in September, after the Association of Pennsylvania State College and Universities Faculties challenged the State System of Higher Education’s new policy requiring all faculty members to complete them. That policy resulted from a change in state law, which was later amended to apply to only educators teaching minors. But the university system sought to keep the broader background check policy applying to all faculty members it already had adopted. The faculty union was successful in part, Penn Live reported, in that the recent decision says faculty members teaching upper-level courses, in which legal minors are less likely to be enrolled, do not have to submit to such checks. The policy can’t be applied universally until an arbiter or the Pennsylvania Labor Relations Board (or both) decide whether the university system has the managerial right to impose the requirement, according to Penn Live. The faculty union responded by asking the Supreme Court of Pennsylvania to reconsider the lower court's decision. 

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