The State Supreme Court has decided to accept an appeal by the State System of Higher Education of a lower court ruling that limits background checks of faculty members, a policy which the faculty union says should be subject to the collective bargaining process.
Commonwealth Court in April ruled that the State System overstepped its authority when it unilaterally mandated criminal background checks and reports of arrests for serious crimes for all faculty members. The state Labor Relations Board sided with the State System, but the court reversed that ruling, saying the checks should only apply to faculty who are likely to encounter minor children who are not enrolled as freshman students or are prospective students on a campus tour. That would include dual enrollment students and those taking part in summer camp programs.
The State System imposed the policy as a reaction to the Jerry Sandusky child abuse case at Penn State. After the state enacted a law in 2014 making higher education a part of the Child Protective Services Law, it enacted an amended law in 2015 limiting the background checks to faculty with direct contact with minors.
The union contends that the amended law makes ninety percent of its membership exempt from the checks. The State System claims it has the power to impose the policy based on its management prerogative.
