About

Policy 2116 – Research Security Screening

Last Review:  09/19/2023
Original Effective Date:  09/19/2023
Responsible Office: Academic Affairs
Reference:  See LA RS 17:1826.1 et seq. and as amended, titled the “Higher Education Foreign Security Act of 2022”

Policy:

In compliance with the Louisiana Higher Education Foreign Security Act of 2022, as amended by Act 106 of the 2023 Regular Session, (collectively “the Act”) the University properly screens all individuals who meet the criteria of the Act who are candidates for a research or research-related support position (“Screening-Contingent Candidate”) and takes necessary and reasonable steps to verify all attendance, employment, publications, and contributions listed in an employment application prior to any offer of a position to the Screening-Contingent Candidate. The University shall perform a risk-based determination considering the nature of the research, the background, as well as past and current affiliations of the Screening-Contingent Candidate, prior to making an offer for hire.

 Definitions:

Hiring Office – The Hiring Office is the Department or College considering a candidate for employment subject to this policy. 

Screening-Contingent Candidate – Every person being considered for employment in a research or research-related support position, or applying as a graduate student for a research or research-related support position, or for a position as a visiting researcher, to determine if any of the following apply to the candidate:

  1. The person is a citizen of a foreign country and not a permanent resident of the United States;
  2. The person is a citizen or permanent resident of the United States who has any affiliation with an institution or program with a foreign adversary;
  3. The person has at least one year of prior employment or training in a foreign adversary country, except for employment or training by an agency of the United States government.

Procedures:

  1. For any candidate for employment for a research or research-related support position, including employment as a graduate research assistant, or applying as for a visiting researcher position, the Hiring Office shall determine whether the candidate meets the definition of a Screening-Contingent Candidate.
  2. To make this determination, the Hiring Office shall:
    1. Have the candidate complete and return a Researcher Background Information Form;
    2. In the case of a foreign candidate, obtain from the candidate a copy of the candidate’s current passport and the most recently submitted Online Nonimmigrant Visa Application, DS-160;
    3. Obtain from the candidate a complete resume and curriculum vitae, including every institution of higher education attended and all previous employment since the candidate’s eighteenth birthday;
    4. Obtain from the candidate a list of all published material for which the candidate received credit as an author, a researcher, or otherwise or to which the candidate contributed significant research, writing, or editorial support;
    5. Obtain from the candidate a list of the candidate’s current and pending research funding, and its amount, from any source, including the candidate’s role on the project, and a brief description of the research; and
    6. Obtain from the candidate a full disclosure of non-university professional activities, including any affiliation with an institution or program in a foreign adversary country.
  3. The Hiring Office shall take reasonable and necessary steps to verify the attendance, employment, publications, and contributions listed in the application, which may include:
    1. Searching public databases for research publications and presentations;
    2. Searching public conflict of interest records to identify any research publication or presentation that may have been omitted from the application;
    3. Contacting employers from the previous ten years to verify employment; and
    4. Contacting all institutions of higher education attended to verify enrollment and educational progress.
  4. When a Screening-Contingent Candidate is identified, the Hiring Office, with assistance from the Chief Research Officer or his or her designee, shall make a preliminary risk-based determination prior to making an offer for hire, taking into consideration the nature of the research and the background and ongoing affiliations of the candidate as disclosed to the University and discovered through verification. If the Hiring Office and the Chief Research Officer or his/her designee are unable to clear the Screening-Contingent Candidate from security concerns after these steps, the University may request further investigation, including but not limited to a second background check performed by the Federal Bureau of Investigation, the Louisiana State Police, or any other qualified law enforcement agency.
  5. No offer for hire shall be made to a Screening-Contingent Candidate for a position covered by this Policy until this procedure has been completed.
  6. If an offer of employment is made and accepted, the information gathered for completing the risk-based assessment, including the Researcher Background Information Form, shall become part of the candidate’s personnel file and will remain with Human Resources. The Hiring Office is not to retain these records. If the offer of employment is declined, the information collected for screening shall be destroyed by the Hiring Office.

 

Policy 2116 – Research Security Screening

Last Review:  09/19/2023
Original Effective Date:  09/19/2023
Responsible Office: Academic Affairs
Reference:  See LA RS 17:1826.1 et seq. and as amended, titled the “Higher Education Foreign Security Act of 2022”

Policy:

In compliance with the Louisiana Higher Education Foreign Security Act of 2022, as amended by Act 106 of the 2023 Regular Session, (collectively “the Act”) the University properly screens all individuals who meet the criteria of the Act who are candidates for a research or research-related support position (“Screening-Contingent Candidate”) and takes necessary and reasonable steps to verify all attendance, employment, publications, and contributions listed in an employment application prior to any offer of a position to the Screening-Contingent Candidate. The University shall perform a risk-based determination considering the nature of the research, the background, as well as past and current affiliations of the Screening-Contingent Candidate, prior to making an offer for hire.

 Definitions:

Hiring Office – The Hiring Office is the Department or College considering a candidate for employment subject to this policy. 

Screening-Contingent Candidate – Every person being considered for employment in a research or research-related support position, or applying as a graduate student for a research or research-related support position, or for a position as a visiting researcher, to determine if any of the following apply to the candidate:

  1. The person is a citizen of a foreign country and not a permanent resident of the United States;
  2. The person is a citizen or permanent resident of the United States who has any affiliation with an institution or program with a foreign adversary;
  3. The person has at least one year of prior employment or training in a foreign adversary country, except for employment or training by an agency of the United States government.

Procedures:

  1. For any candidate for employment for a research or research-related support position, including employment as a graduate research assistant, or applying as for a visiting researcher position, the Hiring Office shall determine whether the candidate meets the definition of a Screening-Contingent Candidate.
  2. To make this determination, the Hiring Office shall:
    1. Have the candidate complete and return a Researcher Background Information Form;
    2. In the case of a foreign candidate, obtain from the candidate a copy of the candidate’s current passport and the most recently submitted Online Nonimmigrant Visa Application, DS-160;
    3. Obtain from the candidate a complete resume and curriculum vitae, including every institution of higher education attended and all previous employment since the candidate’s eighteenth birthday;
    4. Obtain from the candidate a list of all published material for which the candidate received credit as an author, a researcher, or otherwise or to which the candidate contributed significant research, writing, or editorial support;
    5. Obtain from the candidate a list of the candidate’s current and pending research funding, and its amount, from any source, including the candidate’s role on the project, and a brief description of the research; and
    6. Obtain from the candidate a full disclosure of non-university professional activities, including any affiliation with an institution or program in a foreign adversary country.
  3. The Hiring Office shall take reasonable and necessary steps to verify the attendance, employment, publications, and contributions listed in the application, which may include:
    1. Searching public databases for research publications and presentations;
    2. Searching public conflict of interest records to identify any research publication or presentation that may have been omitted from the application;
    3. Contacting employers from the previous ten years to verify employment; and
    4. Contacting all institutions of higher education attended to verify enrollment and educational progress.
  4. When a Screening-Contingent Candidate is identified, the Hiring Office, with assistance from the Chief Research Officer or his or her designee, shall make a preliminary risk-based determination prior to making an offer for hire, taking into consideration the nature of the research and the background and ongoing affiliations of the candidate as disclosed to the University and discovered through verification. If the Hiring Office and the Chief Research Officer or his/her designee are unable to clear the Screening-Contingent Candidate from security concerns after these steps, the University may request further investigation, including but not limited to a second background check performed by the Federal Bureau of Investigation, the Louisiana State Police, or any other qualified law enforcement agency.
  5. No offer for hire shall be made to a Screening-Contingent Candidate for a position covered by this Policy until this procedure has been completed.
  6. If an offer of employment is made and accepted, the information gathered for completing the risk-based assessment, including the Researcher Background Information Form, shall become part of the candidate’s personnel file and will remain with Human Resources. The Hiring Office is not to retain these records. If the offer of employment is declined, the information collected for screening shall be destroyed by the Hiring Office.