Bill would fire faculty felons


By Bob Purvis
Arizona Daily Wildcat
Thursday, January 15, 2004

PHOENIX - A state legislator from Gilbert has proposed legislation to mandate that university faculty members convicted of certain felony crimes be fired without benefits, as well as tighten the criminal screening process for incoming employees.

The bills' sponsor, Republican Rep. Andy Biggs, said people should "worry" about the Arizona Board of Regents current employment policies, which don't ban violent felons from holding university jobs and leave screening to the discretion of the university.

"I think it's important that we be aware of these things. If we have someone who poses a threat to the university, that needs to be addressed," Biggs said.

The bill that relates to terminating the employment of felons orders the immediate firing of faculty convicted of felony counts of sexual offense, kidnapping, murder, assault, burglary, sexually exploiting a child or stalking.

Human resources officials say the cost of running background checks on the approximately 3,000 faculty and administrators that would be affected by the bill could cost $150,000 to $225,000.

"It would be a very difficult law for us to implement," said Cathy Nicholson, director of institutional relations for the human resources department. "It would be hugely costly."

The bill also would allow university presidents to fire faculty for any other felony offense, which Nicholson said would be vehemently opposed by the university community because it would allow employees to be fired for offenses that don't directly affect their job performance. It could also be used to eliminate outspoken faculty.

Biggs' other bill orders mandatory background checks on all university employees.

The university is in the midst of preparing a uniform criminal screening policy that is set to go before the Faculty Senate as soon as March, Nicholson said.

Until now the extensiveness of background checks was left to the discretion of individual departments, and many don't require criminal screenings, Nicholson said.

"It's been kind of frustrating for human resources for quite a long time," said Nicholson. "We are not big on codifying good judgment, but this is an area where it's irresponsible not to do something."

While Nicholson said she sees the need for stricter screening, she feels that the proposed changes would be difficult to implement.

"I suspect the motives are good here. I'm just not sure it would be efficient or effective," Nicholson said.

Biggs said he was motivated to create the legislation after learning that an ASU professor convicted of aggravated assault in 2001 had been rehired by the university.

"The main thrust of this legislation is to ensure that those on the front line dealing with students aren't posing a danger," Biggs said.

The bill is likely to raise concern over civil liberties issues among UA's faculty, said Wanda Howell, vice chair of the faculty and presiding officer of the Faculty Senate.

"A lot of it depends on the way these screenings are conducted and the extent to which basic civil liberties are being violated," Howell said.

Howell said her biggest concern is that university presidents would be able to personally fire faculty members for felonies that may not indicate that they pose any threat to students or their co-workers.

"I don't have problems with offenses in the bill, but I do have a problem with the minor offenses and especially with one person being in charge," Howell said.