Fraudulent Disclosure and Willful Nondisclosure of Information Relating to Applications
for State Employment
Formerly Executive Memorandum 88-87
Initially approved: April 1, 1988
Revised: July 9, 2001
Technical Changes: March 13, 2017
Revised: January 30, 2024
Policy Topic: Personnel
Administering Office: Human Resources
Applicable to employees both subject to the State Human Resources Act and those exempt
from the State Human Resources Act, this policy tracks State law and Board of Governors
rules that require applicants for employment to be honest in representing their credentials
and other qualifications when they apply for University employment. The applicant
must sign a promise to that effect included as part of the employment application.
Western Carolina University must keep certain records showing verification of credentials
and other job qualifications. If fraud or misrepresentation is discovered, the applicant
must be removed from consideration. An employee who falsifies such information and
thereby receives employment is subject to dismissal.
The Associate Vice Chancellor for Human Resources & Payroll is responsible for the
employment of individuals subject to the State Human Resources Act through compliance
with state regulations established and published by the Office of State Human Resources.
The Associate Vice Chancellor for Human Resources & Payroll is responsible for the
employment of individuals exempt from the State Human Resources Act through compliance
with the Board of Governors regulations implementing state law as set forth in Regulation
300.2.3{R} Regulations Governing Fraudulent Job Applications
A. VERIFICATION
- Based upon an examination of the position description, Human Resources must verify
credentials regarding degrees awarded related to job qualifications including official
transcripts where applicable. Additional credentials may include, ,, professional
licenses, professional registrations, and professional certifications verified by
the employing unit.
- Official transcripts and a written record of the verification(s) by Human Resources
shall be made and maintained in the employee's personnel file. This record shall include
the date of verification, the method of verification, the name of the official requesting
the verification, and the name of the person or entity responding to the request,
with copies of any documents procured incident to the verification process. Professional
licenses or other required certifications are maintained by the employing unit.
- All verifications should be completed within 90 calendar days from the date of initial
employment.
B. SANCTIONS
In accordance with the law, rules and regulations established by the State Human Resources
Commission, and regulations adopted by the Board of Governors, the following sanctions
shall be imposed for the willful falsification of credentials or other information
significantly related to job qualifications or responsibilities or the willful nondisclosure
of information significantly related to job qualifications or responsibilities.
- Upon discovery of any such falsification or nondisclosure prior to employment, the
applicant shall be disqualified from any further consideration for the position in
question.
- Upon discovery of the falsification or nondisclosure after employment:
- If the employee was determined to be qualified and was selected for a position based
on false representation about credentials or other requirements for the position,
the employee shall be dismissed.
- For all other willful falsifications or willful nondisclosures, the discipline imposed
shall be based upon the circumstances of each case. Sanctions may include dismissal,
demotion, reduction in pay, and written reprimand. In determining the level of the
sanction to be imposed, the following criteria shall be relevant: sensitivity of the
employee's position; effect of the false information on the hiring decision; advantage
gained by the employee over other applicants; effect of the false information on the
starting salary; and the advantage gained by the employee in subsequent promotion
and salary increases. The employee's performance in the position, whether satisfactory
or unsatisfactory, should not be considered in determining the level of sanction.
- Penalties will be imposed by the University only in accordance with procedural safeguards
and requirements applicable to disciplinary actions against SHRA employees, faculty
members, administrators, and other EHRA employees as required by the laws and regulations
of the State of North Carolina, by the policies, rules and regulations of the University,
by Section 603 of the University Code, and by Board of Governors' policies applicable
to employees exempt from the State Human Resources Act.