New Jersey Assembly Bill A5838

New Jersey 2022-2023 Regular Session

• Introduced: 12/7/23
• Refer: 12/7/23

Caption

Requires institutions of higher education to review employment history of prospective employees who will have regular contact with students to ascertain allegations of child abuse or sexual misconduct.

Impact

The implementation of A5838 will necessitate that institutions of higher education create a robust framework for reviewing employment history. Applicants must provide detailed accounts of all employers from the past 20 years, particularly those connected to education or childcare, enhancing transparency in the hiring process. Furthermore, institutions will be responsible for actively reaching out to past employers to gather information regarding any concerning allegations. This proactive approach is seen as a significant step toward fostering safer educational environments and safeguarding student welfare.

Summary

Assembly Bill A5838 aims to enhance student safety within institutions of higher education by mandating that these institutions conduct thorough reviews of prospective employees' employment histories before they can be hired for positions involving regular contact with students. This includes procuring information about any past allegations of child abuse or sexual misconduct. The bill is designed to extend protections that K-12 students currently receive, reflecting a strong commitment to safeguarding college and graduate students from potentially predatory individuals within educational settings.

Contention

While supporters laud the bill for prioritizing student safety, there are concerns about the implications for applicant privacy and the potential for discriminatory practices that may arise during the hiring process. Critics argue that the bill may impose undue burdens on schools, especially smaller institutions that may not have the resources to effectively manage extensive background checks. There is also the risk of inadvertently discouraging qualified applicants who may fear that past allegations, even if unsubstantiated, could negatively impact their job prospects.

Enforcement

A5838 includes provisions that mandate institutions to not only gather this information but to also actively ensure compliance by prohibiting the suppression of any allegations or findings related to child abuse or sexual misconduct. Institutions will face consequences if they fail to adhere to these reporting requirements, thereby reinforcing the accountability of educational employers in maintaining a vigilant hiring process.