Updated May 10, 2021

Overview

Washington state law prohibits the UW from hiring or appointing candidates to academic personnel positions who do not complete and sign a sexual misconduct declaration prior to official offer of employment or appointment.

Sexual Misconduct Declaration

Per the law, applicants must complete a declaration disclosing if they:

  • Are the subject of any substantiated findings of sexual misconduct in any current or past postsecondary employment
  • Are currently being investigated for sexual misconduct at any current or past postsecondary employer
  • Have left a position during an investigation into a violation of any sexual misconduct policy at any current or past postsecondary employers

This declaration authorizes the final candidate’s current and past postsecondary employers to disclose to the UW any sexual misconduct committed by the candidate and to make copies of all documents available. Additionally, the form releases the final candidate’s current and past postsecondary employers, and employees acting on behalf of that employer, from any liability.

For any affirmative responses, final candidates are required to provide an explanation of the situation.

Accessing Declaration Responses From Interfolio

Unit administrators and committee managers can access the applicant responses in Interfolio by pulling a Sexual Misconduct Declaration form report. Information on how to pull these reports can be found in Interfolio’s Help content.

Hiring units may choose to disqualify applicants who responded affirmatively on the declaration form from continuing further in the recruitment process. Hiring units should not ask applicants for details about any affirmative responses.

Impact to the Hiring Process

Candidates Recruited through Interfolio
The declaration form has been added to Interfolio under Required Documents for all searches going forward. All Interfolio applicants will submit the form as part of the application process. Units should pull the form report from Interfolio when the position is closed to new applications or when a group of applications is to be reviewed.

All Final Candidates
A fillable PDF version of the declaration form must be completed by all final candidates who are not current UW employees. These declarations may be signed electronically and are required when both the Workday action initiation and the hire date are on or after October 1, 2020.

Units should contact an Academic HR Business Partner when a final candidate’s completed declaration form indicates affirmative findings or investigations. Academic HR will communicate with hiring units to determine next steps.

Failure of the candidate to provide complete and accurate information will result in disqualification from employment and withdrawal of any offer of employment.

Use the chart below to help identify where in the recruitment process a candidate will be asked to complete a declaration.

Candidate type and recruitment method Interfolio form required? PDF form required?*
External candidate
Recruited via Interfolio
Yes Yes
External candidate
Recruited outside of Interfolio
No Yes
Internal candidate
Recruited via Interfolio
Yes No
Internal candidate
Recruited outside of Interfolio
No No

*Must be provided to and completed by the preferred candidate prior to extending an offer.

For new hires, the hiring unit must include the candidate’s signed declaration form with other required hiring packet documents uploaded to Workday. More information about hiring packet requirements can be found in the Academic Titles and Ranks section of the OAP website.

For applicants not selected due to their declaration responses, a new disposition code has been added to Interfolio: Not selected- misconduct declaration.

Offer Letter Content

For candidates that are not current UW personnel, units must also include the language below in their offer letters to ensure candidates understand that the offer of employment is conditional and dependent on completing the declaration.

This offer is contingent upon acceptable outcomes regarding criminal background (if applicable) and sexual misconduct.

State law requires that the University of Washington obtain the Disclosure of Sexual Misconduct declaration signed by the candidate. The declaration will require you to disclose any substantiated findings of sexual misconduct, to authorize current and past employers to disclose to the UW any sexual misconduct currently being investigated and/or committed by you, and to release current and past employers from any liability. If the results of the disclosure are unacceptable, you will not be offered a position at the UW.

Reference Checks: Contacting Employers

Beginning July 1, 2021 the UW will conduct checks of current and former employers to disclose to the UW information, if any, regarding sexual misconduct committed by the final candidate. This page will be updated with additional relevant information in 2021.

Sexual Misconduct Definitions

For more information about how the University defines sexual misconduct, visit the OAP Safety in the Workplace page.

Questions

If you have any questions, please contact your AHR Specialist or acadpers@uw.edu.