Sexual Harassment/Sexual Violence Reference Check Policy FAQ
https://hr.wisc.edu/toolkit/recruitment/ Updated 10/15/2020 / Page 1 of 5
When did the sexual harassment/sexual violence
(SH/SV) reference check requirement become effective?
January 1, 2019
What is the SH/SV reference check requirement?
Final candidate(s) and their reference(s) must be asked questions regarding SH/SV prior to
employment.
Final candidates must be asked the following:
• In any previous employment, have you ever been found to have engaged in any
sexual violence or sexual harassment?
• Are you currently under investigation for allegations of sexual violence or sexual
harassment against you?
• Have you ever left employment during an active investigation into allegations of
sexual violence or sexual harassment that were made against you?
References must be asked the following:
• Was the candidate ever found to have engaged in any sexual violence or sexual
harassment?
• (current employer) Is the candidate currently under investigation for allegations of
sexual violence or sexual harassment that were made against the candidate?
• (previous employer) Did the candidate leave employment during an active
investigation into allegations of sexual violence or sexual harassment that were made
against the candidate?
Why does UW-Madison have the SH/SV requirement
now?
Following a June 2018 UW-Board of Regents (BoR) Resolution, UW-System institutions were
required to update their policies to include the SH/SV reference check requirements. UW-
Madison’s Recruitment, Assessment and Selection (RAS) policy reflects the required SH/SV
reference check requirement and additional updates.
What employment categories are covered by this policy?
Faculty (FA), Academic Staff (AS), Limited (LI), University Staff ongoing (CP) and fixed-term
(CJ).
Are unpaid/zero-dollar appointments subject to the
SH/SV requirement?
Yes, as long as the appointment is in one of the covered employment categories (FAASLI, CP,
CJ).
https://hr.wisc.edu/toolkit/recruitment/ Updated 10/15/2020 / Page 2 of 5
Are current UW-Madison employees taking a new job on
campus subject to this requirement?
Final candidate(s) hired into a position in the employment categories covered by this policy
(FAASLI, CP, CJ) must be asked the mandatory SH/SV questions. If the final candidate is
currently in a position covered by this policy, their most recent Division HR must be contacted
as a mandatory reference. This is also true of UW-Madison employees who take a concurrent
job on campus.
Are Summer Service/Summer Session hires subject to
this requirement?
Current Faculty and Academic Staff who were active during the previous spring semester and
will be paid at the same pay rate, title and department do not need to complete the SH/SV
reference check.
New hires and current Faculty and Academic Staff who will be paid in a different position, title
or department must complete the SH/SV reference check, as long as they are hired into an
employment category covered by this policy (FAASLI, CP, CJ).
Who is responsible for ensuring final candidate(s) and
their reference(s) are asked the SH/SV questions?
Division HR is responsible for ensuring the SH/SV questions are asked.
When are final candidate(s) asked the required SH/SV
questions?
Final candidate(s) must be asked the required SH/SV questions prior to receiving a written
offer of employment.
How are final candidate(s) asked the required SH/SV
questions?
It is recommended that final candidate(s) are asked the SH/SV questions via the automated
process in JEMS PVL or JEMS Hire. Division HR may ask the required SH/SV questions an
alternate way (phone, email) as long as the responses are documented.
Who are mandatory references that must be asked the
SH/SV questions?
Mandatory references include:
• Current OR most recent employer AND
• All former UW-Madison, UW System institution and Wisconsin state agency
employer(s) from the past seven years.
Final candidate(s) will typically have ONE mandatory reference. The only time there should
be multiple references is if the final candidate has worked at multiple UW System Institutions
or Wisconsin State agencies within the past seven years.
https://hr.wisc.edu/toolkit/recruitment/ Updated 10/15/2020 / Page 3 of 5
Current Employment Status
Position Hired Into
Final candidate
SH/SV check
required?
Will there be multiple SH/SV
references?
FAASLI, CP, CJ, private
employer
FAASLI, CP, CJ
Yes
Only if final candidate has worked at
multiple UW System Institutions or
WI state agencies in the past seven
years in a position covered by this
policy
Self-employment
FAASLI, CP, CJ
Yes
Only if final candidate has worked at
multiple UW System Institutions or
WI state agencies in the past seven
years in a position covered by this
policy
FAASLI, CP, CJ, private
employer, TE, Student Hourly,
Post-degree Training, Self-
employment
TE, Student Hourly,
Graduate Assistant,
Post-degree
Training
No
NA
TE, Student Hourly, Graduate
Assistant, Post-degree Training
FAASLI, CP, CJ
Yes
Only if final candidate has worked at
multiple UW System Institutions or
WI state agencies in the past seven
years in a position covered by this
policy
If the final candidate is a current UW-Madison
employee, who do I contact on campus as a reference to
ask the SH/SV questions?
For the purpose of this policy, UW-Madison is considered one employer. For internal
movements within UW-Madison, it is best practice to contact the most recent Division HR.
Who do I contact as a reference if the final candidate
worked in multiple departments at another UW System
institution?
For the purpose of this policy, a UW System institution is considered one employer. For
example, employment with various departments at UW-Stout only requires one inquiry to
UW-Stout.
https://hr.wisc.edu/toolkit/recruitment/ Updated 10/15/2020 / Page 4 of 5
Should I ask the supervisor or human resources the
required SH/SV questions?
It is recommended that the SH/SV questions are asked of Human Resources.
What if a final candidate’s entire work history is all self-
employment? Who is considered a mandatory
reference?
In these situations of self-employment, there are no mandatory references to ask the
required SH/SV questions. Please make a note of the self-employment history in the
‘Comments’ tab of the automated process to document why no references were asked the
SH/SV questions.
When are reference(s) asked the required SH/SV
questions?
References should be asked the SH/SV questions prior to a written offer of employment.
However, the current employer can be asked the SH/SV questions after a written offer of
employment but prior to the start date.
What if reference(s) cannot be asked the SH/SV
questions prior to a written offer of employment?
If reference(s) are not asked the SH/SV questions prior to a written offer of employment, it is
important that the conditional language is included in the offer letter. The conditional
language is in the template letters on the Recruitment Toolkit and states:
“This offer of employment is conditional pending the results of a criminal background check
and the reference check process that includes questions regarding sexual violence and sexual
harassment. If the results are unacceptable, the offer will be withdrawn or, if you have
started employment, your employment will be terminated.”
How are reference(s) asked the required SH/SV
questions?
It is recommended that reference(s) are asked the SH/SV questions via the automated
process in JEMS PVL or JEMS Hire. Division HR may ask the required SH/SV questions an
alternate way (phone, email) as long as the responses are documented.
I don’t know who to contact at UW-Madison or another
UW System institution. Where can I find this
information?
This information can now be found a couple of places:
1) Contact information can be found via the SH/SV Contacts lookup via the automated
process in JEMS.
2) Contact list uploaded to BOX (HR Reps > P-File and SH/SV Reference Check
Information > SH/SV Contact List)
3) Contact UW-Madison’s Office of Human Resources at accesscenter@ohr.wisc.edu for
assistance. Please note, the Access Center will not respond to SH/SV questions or
contact other institutions on your behalf.
https://hr.wisc.edu/toolkit/recruitment/ Updated 10/15/2020 / Page 5 of 5
What if a reference does not respond to the SH/SV
request?
UW-Madison cannot force references to respond to the SH/SV inquiry, however, it is our
responsibility to ask the questions.
What if there is an affirmative response to any of the
questions by either the final candidate or their
references?
An affirmative response to any question is not an automatic disqualifier from consideration
for employment. Contact UW-Madison’s Office of Human Resources, Workforce Relations
team before proceeding with an offer of employment.
How will the privacy of a victim of sexual harassment be
protected when information about the harasser is
disclosed by a reference?
Victim or complainant information in matter of or having to do with sexual harassment
and/or sexual violence will not be disclosed.
Who is responsible for answering SH/SV questions as a
reference for a current or former UW-Madison
employee?
These questions should be directed to Division HR contacts.
What information should be shared when I’m contacted
to answer the SH/SV questions?
Affirmative responses are required when UW-Madison’s Office of Compliance has determined
there is a violation of the campus SH/SV policy and Title IX rule. Before disclosing any pending
or completed investigation information, please contact UW-Madison’s Office of Human
Resources, Workforce Relations team for guidance.
What if I’m contacted to provide a reference for a
current or former employee but am not asked about
SH/SV?
UW-Madison must notify the potential employer, even if they do not ask, of the appropriate
contact for any questions regarding employee misconduct (including any violation of sexual
harassment or sexual violence policies). The following template language is recommended:
“I am required by UW-Madison policy to let you know that if you have any questions related
to any employee misconduct, including any violation(s) of the campus sexual violence or
sexual harassment policy, you must direct those inquiries to (list Division/Department HR
contact information). Otherwise, UW-Madison’s Office of Human Resources can be contacted
by email at accessc[email protected] to provide Division HR contact information. Please be
advised, this required disclaimer does not mean that this candidate has been found to have
engaged in misconduct, rather, I cannot answer any such questions if you have them.”
I have questions about the SH/SV reference check policy
that are not addressed here, in the step-by-step help
document or automated process FAQs. Who can I
contact?
Please contact your Division HR Office. For questions that cannot be answered by your
Division HR, please contact Rachel Simonson at rachel.simonson@wisc.edu or
(608) 262-5331.