Will training opportunities be available for UWS employees?
Yes. Information regarding training opportunities will be forthcoming.
What if I am already a mandatory reporter under state law?
UWS employees who are health practitioners, social workers, law enforcement officers, child care providers, and counselors must report if the employee has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect to the child will occur. A UWS employee who is a mandatory reporter under Wis. Stat. § 48.981(2)(a) must comply with the requirements of the state mandatory reporter law and is not subject to the requirements of Executive Order #54
What protections are provided to UWS employees who make a report in good faith?
An employee making a report in compliance with Executive Order #54 may not be discharged from employment, disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment. In addition, anyone may report child abuse or neglect and state law provides that any person or institution participating in good faith in the making of a report shall have immunity from civil or criminal liability.
What penalties are there for failing to report?
Executive Order #54 does not contain any penalties for failing to report child abuse or neglect. However, failure to report that results in a child being subjected to additional harm could be the basis for a civil negligence action and it is a criminal misdemeanor to fail to report a crime or render assistance where a crime is being committed and the victim is exposed to bodily harm. Additionally, if an individual is a mandatory reporter under existing state law, failure to report may result in up to $1,000 in fines and/or imprisonment of not more than 6 months.
Why was Executive Order #54 created?
Currently, the Wisconsin mandatory reporter law requires certain persons such as health practitioners, social workers, law enforcement officers, child care providers, counselors, school teachers and administrators, and, more recently, all school employees, to report child abuse and neglect. University of Wisconsin System employees are generally not mandatory reporters of child abuse and neglect under state law. Executive Order #54, however, makes all University of Wisconsin System employees mandatory reporters of child abuse and neglect.
To whom must the report of child abuse or neglect be made?
A person with knowledge of child abuse or neglect must report to the county department of social services or the county department of human services, or to the county sheriff or city, village, town, public university or college police department. In a county having a population of 500,000 or more, a person may also report to the county department of social services, the county department of human services, or a licensed child welfare agency under contract with the county department of social services or the county department of human services. Reports of alleged child abuse or neglect should be made to the county where the child or the child’s family resides. To contact the appropriate county department of social/human services, you may go to the Wisconsin Department of Children and Families.
What is the time frame for a person to report child abuse or neglect?
Executive Order #54 states that child abuse or neglect must be reported immediately in person or by telephone. However, a Wisconsin court determined that a preliminary investigation to verify the allegations before reporting may be appropriate. Such preliminary investigation must be prompt.
How is “neglect” defined?
Wisconsin law defines “neglect” as “failure, refusal or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.”
How is “abuse” defined?
Wisconsin law defines “abuse” of a child to include any of the following:
(1) Physical injury inflicted on a child by other than accidental means. “Physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm.
(2) Sexual intercourse or sexual contact with a child under §§ 940.225, 948.02, 948.025, or 948.085.
(3) Sexual exploitation of a child.
(4) Permitting, allowing or encouraging a child to violate the statute prohibiting prostitution.
(5) Causing a child to view or listen to sexual activity.
(6) Exposing genitals or pubic area to a child or exposing a child’s genitals or pubic area.
(7) Manufacturing methamphetamine with a child present, or in a child’s home (including the premises of a child’s home or in a motor vehicle locates on the premises of a child’s home), or under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child.
(8) Emotional damage for which the child’s parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.
How is “child” defined?
For purposes of child abuse and neglect, a “child” is a person who is less than 18 years of age.
Who is required to report child abuse or neglect?
Executive Order #54 states that all employees of the University of Wisconsin System including professors, administrators, coaches, and others must report child abuse and neglect. Therefore, all full-time and part-time employees, including faculty, academic staff, classified staff, and student employees must report child abuse and neglect. The existing mandatory reporter law requires health practitioners, social workers, law enforcement officers, child care providers, and counselors, among others, to report child abuse and neglect.
Any questions related to the policy, including interpretations and resource locations should be directed to the UW-Superior Human Resources Office, Main 201, PO Box 2000, Superior, WI 54880, 715.394.8220.
What changes must be made in vacancy notices and ads?
All vacancy announcements must contain the following statement: “Employment will require a criminal background check”
The following language will be added for full ads: “Employment will require a criminal background check A pending criminal charge or conviction will not necessarily disqualify an application. In compliance with the Wisconsin Fair Employment Act, UW-Superior does not discriminate on the basis of arrest or conviction record.
What happens to the information from the CBC?
Human Resources will be responsible for documenting the basis for the decision to appoint or to refuse to appoint a candidate based on the CBC review. Records gathered as a result of a CBC will be kept by Human Resources in separate, sealed files segmented by the applicant/employee’s name. The files will be maintained separately from the applicant/employee’s general personnel record. The records will be securely maintained for a period of seven (7) years after the position has been filled, and may be accessed only on a need-to-know basis or as required by applicable law. The records will be destroyed in the eighth year after the hiring decision as been made.
Who see or hears about the results of a check?
Information collected in connection with the background check will be treated confidentially to the extent permitted by the Wisconsin Public Records Act and other applicable laws. An individual(s) in Human Resources will be designated as responsible for all aspects of conducting criminal background checks and appropriate training shall be provided.
If a candidate is not selected based on the CBC results, what happens?
The results will be provided to the candidate by Human Resources and the candidate will be given a three working day time period to refute the information. Additional time extensions may be provided to the candidate at the discretion of Human Resources.
What rights do individuals have under this policy?
The vendor, Hire Right, must comply with the Wisconsin Fair employment Act, the federal Fair Credit Reporting Act (FCRA) and other applicable laws to ensure individuals are not discriminated against because of arrest or conviction records. For example, if criminal background information is found which could lead to adverse employment action, the individual must be notified of the findings, provided a copy of the report, provided a copy of the “Summary of Your Rights Under the FCRA” and provided the opportunity to respond.
Who makes the final decision?
The Chancellor, Provost, Vice Chancellor for Administration and Finance (or their respective designees) and Chair of the affected governance group, in consultation with Human Resources, UW System Legal and the Affirmative Action Officer, will make the final determination on whether to appoint or reject the candidate on the basis of a CBC.
If the CBC reveals a criminal conviction or pending charge, what steps will Human Resources take?
Wisconsin’s Fair Employment Act states that employers cannot discriminate against prospective or current employees based on past or pending arrests or convictions. There are exceptions to the requirement if a “pending criminal charge” or “conviction records” is determined to be “substantially” related to the “circumstance of the particular job”. To determine if there is a “substantial” relationship, the circumstance of an offense will be compared to the circumstances of a job. The more similar the circumstances are, the more likely a “substantial” relationship exists.
If the CBC uncovers a pending criminal charge or a criminal conviction, the Chancellor, Provost, Vice Chancellor of Administration and Finance, and the Chair of the affected governance group, as appropriate, will consult with Human Resources, UW System Legal Counsel, and the Affirmative Action Officer, to determine whether the criminal activity is substantially related to the functions of the position.
Is consent required from a prospective new hire to do a CBC?
Yes, the consent form is required by federal and state law. Individuals who decline to sign the consent form will no longer be considered a candidate for the vacancy. The candidate will submit the consent form directly to Human Resources where it will be maintained in confidence to the extent permitted by the Wisconsin Public Records Act and other applicable laws.
What does the CBC entail?
The standard package for criminal background checks conducted through Hire Right, Inc. includes:
Social Security Number Trace – Authenticates applicant’s information and generates a list of addresses the applicant has lived at for the last seven years; as part of the trace, the University may verify that the social security number is valid and appropriately assigned to the applicant.
Criminal Felony/Misdemeanor by county of residence – superior and municipal court records in any county in the US.
Sex Offender Registry – sex offender search by state.
Who conducts the CBC?
The CBC will be conducted through the Human Resources Department. UW-Superior has contracted with an outside vendor, Hire Right, to perform the checks. A key component of this role involves keeping information confidential except on a need-to-know basis or as required by the Public Records Act.
Who assumes the cost and what are expected costs?
The hiring department is responsible for costs associated with a CBC which will be paid through a central fund. Generally, a CBC will average $50.00, while a student CBC will average $15.00. International searches are higher and differ according to the country.
How much will the CBC requirement delay the recruitment process?
Generally, Human Resources will receive results in two days.
Can a new hire begin work prior to the final approval of a CBC?
No, individuals may not begin employment until they have successfully completed a CBC. A CBC will be conducted on candidates recommended for hire, either prior to the extension of an offer or as part of an offer of employment that is made contingent on a successful criminal background check.
Does UW-Superior conduct other CBC checks?
Other checks may already be conducted on campus due to job duties covered by the Wisconsin Caregiver Law, Fiduciary Responsibility Law, or a similar law requiring a CBC or that UW-Superior considers a position of trust. For example, Police Officers are required to undergo checks which are conducted under the direction of the Director of Campus Security. The Human Resources Department does not process the checks indicated above unless requested to do so in the hiring process.
How will CBCs be conducted on foreign nationals?
The following provisions apply to CBC for foreign nationals:
1. If the individual has lived in the United States for less than six months, a CBC will be conducted in the individual’s prior country(ies) of residence if the country(ies) of residence provides criminal background information.
2. If the individual has lived in the US for more than six months, a CBC will be conducted both in the individual’s prior country(ies) of resident and in the United States.
3. Human Resources will make every effort to ensure international searches are conducted as timely as possible.
4. Media searches are not considered a criminal background search.
What positions are covered by the CBC policy?
The policy applies to all unclassified, classified, student, temporary, ad hoc and LTE appointments. All new employees who have not previously been employed by the University or another UW system institution or in the case of Classified Service, employed by the State of Wisconsin; or previously employed individuals who have had a break in service of 12 months or more will require a CBC. Current employees of the UW System or state agencies transferring to UW-Superior will not be subject to a CBC unless a check would otherwise be required by law (e.g., fiduciary responsibility law or caregiver law) or policy. In addition, a CBC would be required for certain changes in employment status. An LTE appointment changing to a classified staff position is considered a new hire as well as a student employee changing to an unclassified position.
What does the CBC policy require?
The policy requires that UW-Superior conduct a CBC on each new hire for a University position.
What is the effective date of the University of Wisconsin-Superior Criminal Background Check (CBC) Policy?
December 1, 2007
Who Pays the Medical Bills?
UW System is required to pay your medical expenses and mileage. If you paid any of your medical expenses, send itemized receipts to the UW-Superior Human Resources Office, for reimbursement, or if you receive any bills for payment.
UW System may challenge a health care provider’s fee as unreasonable or treatment as unnecessary. If so, it may refuse to pay the charge in question and must notify the provider of the dispute. Once a provider receives notice of a dispute about fees or treatment, the provider may not ask you to pay the bill. If you receive a bill for treatment when such a dispute exists, please contact the UW-Superior Human Resources Office.
May I Choose My Own Doctor?
You may choose any physician, chiropractor, psychologist, podiatrist or dentist licensed in the state. You may choose any doctor for your care. If you later select a second doctor, you must notify the UW-Superior Human Resources Office .
Key Steps in Worker’s Compensation
If you are hurt at work or become ill because of what you think is work-related exposure:
Immediately report your accident or ailment to your supervisor. Continue to keep your employer informed about any changes in your injury.
Seek first aid and medical attention.
Remember that delays can affect not only your health, but also possible compensation benefits.
UW-Superior will then report to UW System, who will report it to the Worker’s Compensation Division. You do not have to file a claim yourself if you reported the injury.
Your medical costs will be paid. If you miss more than three days of work and are found eligible, you will receive compensation for lost wages. Worker’s Compensation also provides benefits to dependents of workers who die after work-related accidents.
If your injury or illness is compensable:
You will get a check from the State of Wisconsin on your normal payroll date.
There is a three-day waiting period. However, if you are off work more than seven days, you will receive compensation for the first three days after the injury date, excluding Sunday. Any additional compensation for a permanent disability, such as an amputated limb, will be determined later, after you return to work or the healing period ends.
It is important that you make every effort to return to work, within medical restrictions, as soon as possible after an injury. UW-Superior and your doctor must agree to your returning to some form of work; it is important that you talk to them about returning. If you cannot return at all because of your accident, other options may be available.
In an emergency, UW-Superior may arrange for your treatment until you are able to choose your own doctor. UW System has the right to have you examined occasionally by a doctor of its choice. Your compensation may be delayed if you do not agree to have these examinations.
You have the right to every type of treatment which is reasonable and necessary to cure you, as ordered by your doctor. This includes hospitalization, therapy, tests and prosthetic devices. Medicine is paid for, as is any reasonable travel expense necessary to receive treatment.
How long is my claim open?
You must report the injury to your employer within two years to qualify for worker’s compensation. If the injury is reported or a payment is made within two years, the claim is usually held open by law for 12 years from the date of the injury or the date of last payment to you, whichever is later. This can be important if your condition changes during this time. In the case of an occupational disease, such as an occupational hearing loss, carpal tunnel, etc., there is no time limit for filing a claim. It is important to save your records of the last payment for 12 years.
When is increased or decreased compensation paid?
If an employer has not followed a state or federal safety order and an injury results, the employer must pay 15 percent increased compensation, up to a maximum of $15,000. This is in addition to any other compensation. Payment is due even if the employee’s carelessness caused the injury.
If you believe that you should be paid increased compensation because your employer did not observe a safety order, you may apply for a hearing and must prove that your employer was at fault.
If a worker fails to follow published and enforced safety rules, compensation may be decreased by 15 percent, but not by more than $15,000.
Double or treble compensation may be due for injuries to minors who do not have valid work permits. It is the UW Superior’s responsibility to make sure that minors have valid working permits.
What if I can’t return to my job?
Some workers may not be able to return to the same type of work they did before injury or illness. Keep in contact with your employer and your doctor to see if you can return to work early on a restricted basis, perhaps in a modified job if necessary. This could help ease you back into working again.
If your doctor or employer indicates that you cannot return to your former job, you may contact the insurer to request assistance from either public or private vocational rehabilitation services. One resource is the State Division of Vocational Rehabilitation (DVR), which has offices throughout the state (see your local telephone directory under State of Wisconsin, Department of Workforce Development). General questions about your claim should be addressed to the UW Superior Office of Human Resources, or UW System,, or the Worker’s Compensation Division. For further information, call the WC Division at 266-1340 “> (608)-266-1340 “>(608)-266-1340 .
If you do not have a job at the end of your healing period (temporary total or partial disability), you may apply for Unemployment Insurance benefits by calling 1-800-822-5246.
What if my employer won’t rehire me?
The law does not guarantee a job after an injury, and the employer is not required to hold one open or create one. However, up to one year’s back pay may be due if an employer “unreasonably refuses” to rehire an injured worker. Employees who believe they have been so refused may request a hearing.
What is a Compromise?
Your employer or the insurance company may ask you to sign a written agreement to settle your case. This is called a compromise.
If there is valid dispute over the amount of disability or whether an injury is work-related, you and UW System may decide to settle your claim. All compromises must be approved by the Division to make sure they are reasonable. Before signing a compromise it is important that you understand what future benefits you may be giving up. After you agree to a compromise, it is legally very difficult to change it. Normally, you will not receive additional compensation beyond the amount of the compromise.
What if I get a Lawyer?
If you hire an attorney in a disputed case, you can be charged only up to 20 percent of the amount the attorney obtains for you. You will also have to pay for your attorney’s costs. The fees and costs will be deducted from your payments. Your county bar association may be able to recommend an attorney who is experienced in worker’s compensation.
What if my claim is disputed?
If there is a dispute over your claim between you and UW System, that cannot be settled by talking it over, you may request the Division to resolve it by holding a hearing before an Administrative Law Judge and issuing an order.
You may file an application for a hearing if your employer does not report your accident, or if you believe you can prove that you did not receive all your benefits. You must have medical proof of your claim. This proof is the written opinion of a physician, chiropractor, psychologist, podiatrist, dentist or surgeon. Send the medical report with the application.
You should contact UW Superior/UW System before applying for a hearing to find out exactly what is disputed.
You may request the forms to apply for a hearing by contacting any of the Division offices, or you may obtain these forms from the Division of Workforce Development (DWD) website. You will also receive additional written information explaining the hearing process.
What compensation is paid for Permanent Disability?
After you have healed as much as possible from your injury, your doctor will determine if you have any permanent disability.
For a permanent disability, you will receive additional compensation of up to $262 weekly. Benefits are paid monthly, not in one lump sum.
A specific number of weeks of compensation is paid for the loss of a finger, hand, arm, leg, foot, eye, etc. This compensation is paid in addition to the compensation paid during the healing period. Different amounts of compensation are due for the loss of different parts of the body.
If there is no amputation, but there is pain or loss of motion or strength in a limb, then fewer weeks of compensation are paid. For example, 10 percent disability at the shoulder would equal 10 percent of 500 weeks of compensation, or 50 weeks.
Some other kinds of permanent injuries are compensated in a different manner that involves a determination of future wage loss.
When will I get my first check?
In most cases, the first payment will be made on your next normal payroll date.
If your payments later stop, or if you have any other problem, contact the UW Superior Office of Human Resources to find out the reason. If you need more help, contact the Division. You may cash compensation checks and sign receipts without any fear of losing any of your legal rights.
How is Compensation Paid?
During the time you are healing from your injury, you will get two-thirds of your weekly wage up to $805 a week.
Payment is made on the basis of a six-day workweek, Monday through Saturday, regardless of the number of days a week you actually work. This means that your daily payment is one-sixth of your weekly payment. For example, if you are eligible for just three days of compensation, you will receive three-sixths of your weekly rate.
There is a waiting period before benefits can be paid. The waiting period is the first three days, excluding Sunday, after the accident. You do not receive compensation for these three days if you are disabled only during the first three days. If you are disabled for any time beyond the seventh day, you will receive compensation for the first three days. Worker’s compensation is never paid for the day of injury.
The Division of Workforce Development reviews all benefit payments to make sure they are accurate. If you doubt that you are receiving the correct amount of compensation, please contact the Division.
Who is covered by the workers’ compensation law?
All employees of UW-Superior are covered by workers’ compensation law. This includes Student employees, Limited Term Employees, Permanent and Project Classified Employees, Academic Staff and Faculty.
What injuries are covered by the Workers’ Compensation law?
The law covers both mental and physical injury from either accidents or occupational diseases.
If you are required to travel, you are covered at all times while traveling, including the time you are eating or sleeping, unless you deviate from regular work duties for a private or personal reason.
Generally, workers’ compensation must be paid even if the injury was your fault. (See section relating to increased or decreased compensation.)
All compensation and medical payments are based on medical reports from your doctor. If your doctor does not make prompt and regular reports to the insurance company or your employer (if self-insured), your payments may be delayed. Explain this to your doctor.
If UW System, who is self insured, refuses to make payments, they must notify you within 14 days after it receives notice of the injury that it is investigating your claim. They must explain the reason(s) for refusing payment and inform you within 7 days of its decision of your appeal rights.