Per RCW28B.112.080 – Sexual Misconduct – Offers of Employment – Requirements, required postsecondary educational institutions, prior to an offer of employment, to:
Obtain a signed statement from applicants:
Declaring whether the applicant is the subject of any substantiated findings of sexual misconduct in any current or former employment or is currently being investigated for, or has left a position during an investigation into, a violation of any sexual misconduct policy at the applicant’s current and past employers, and, if so, an explanation of the situation;
Authorizing the applicant’s current and past employers to disclose to WSU any sexual misconduct committed by the applicant and making available to the hiring institution copies of all documents in the previous employer’s personnel, investigative, or other files relating to sexual misconduct, including sexual harassment, by the applicant.
Request in writing, the applicant’s current and past postsecondary educational institution employer(s) and relevant associations disclose any sexual misconduct committed by the applicant to WSU.
Human Resource Services (HRS) administers the Sexual Misconduct Statement process (SMS) for WSU. To ensure WSU complies with Washington State Law, it is critical departments receive official confirmation from HRS that the SMS process is completed before making an offer of employment to the final applicant.
An “applicant” means a person applying for/being considered for employment as faculty, instructor, staff, advisor, counselor, and any position in which the applicant will likely have direct ongoing contact with students in a supervisory role or position of authority, which may include some non-paid Adjunct appointments. “Applicant” does not include enrolled students who are applying for temporary student hourly employment.
Sexual Misconduct Statement (SMS) Process
Recruitments Conducted in Workday: When an applicant applies to a faculty, administrative professional, or permanent civil service position in Workday, the applicant completes the Sexual Misconduct Statement (SMS) form as part of their online application. When an applicant’s Workday application status is updated to “Background Check” or “Request to Offer”, HRS initiates the postsecondary employment verification regarding sexual misconduct. Once the background check, if applicable, and SMS processes are completed with satisfactory results, HRS updates the applicant status in Workday.
If the background check or SMS process require additional analysis, the HR Consultant will contact the appointing authority.
Hire Conducted Outside of Workday: The applicant must complete the Sexual Misconduct Statement prior to the initiation of the Hire stage in Workday. Contact your HR Consultant to discuss the timing and process for completing the SMS process for recruitments outside of Workday.
Frequently Asked Questions
The SMS process must be completed, any time a person, including current WSU employees, is applying for/being considered for employment as faculty, instructor, staff, advisor, counselor, and any position in which the applicant will likely have direct ongoing contact with students in a supervisory role or position of authority, which may include some non-paid Adjunct appointments.
This does not include enrolled students who are applying for temporary student hourly employment.
WSU provides postsecondary education institutions and relevant associations three full business days to respond to the request for disclosure of any sexual misconduct. Depending on the timing of the request received by HRS and how quickly the postsecondary education institutions respond, the SMS process typically takes an average of up to five business days.
For hire processes conducted outside of Workday, the SMS process may take longer as the applicant will need to provide HRS with the signed SMS form before HRS can initiate the past postsecondary educational institution employer(s) and relevant associations disclose verification.
No. For applicable positions, to comply with RCW28B.112.080 law, hiring departments may not make any offer of employment, even a contingent offer, until HRS notifies the hiring department that the SMS is completed.
This is different from offering a position contingent on a successful background check.
Inform the applicant the search is moving forward, and the necessary administrative steps need to be completed before a verbal offer can made. Let the applicant know this process can take a few days and the supervisor/search committee chair will contact them as soon as possible.
If the search committee chair/supervisor has concerns regarding retaining the applicant while the SMS and/or background check is in progress, contact your HR Consultant to discuss available options.
Employees on fixed term/temporary appointments being renewed, without a break in service, donot need to compete the SMS upon renewal of their current appointment.
If an employee separates employment with WSU, the former employee must complete the sexual misconduct statement prior to an offer of employment for applicable positions.
If a current WSU employee is being considered for a new faculty, staff, or applicable non-permanent civil services position, an SMS process will need to be completed for the current employee before making an offer of employment.
The SMS process is not applicable when a current WSU employee is reclassified within their current appointment.
Non-permanent civil service appointments donot need to complete the sexual misconduct statement prior to an offer of employment, unless they will likely have direct ongoing contact with students in a supervisory role or position of authority.
If your department has a non-permanent civil service who meets this criterion, please contact HRS at hrs.smsverify@wsu.edu.