1.2001 – Background Check

Policy No. 1.2001

Subject: Background Check

Issued By: Department of Human Resources

Approved: 11/21/2011

Effective: 11/21/2011

Revised: NEW

POLICY: Background checks, which may include checks of employment records, educational verification, license/certification verification, social security records, workers’ compensation claims, criminal records, civil records, credit reports, motor vehicle records, and sex and violent offender registries, will be required as a condition of employment.

The university president or designee determines the appropriate entity to conduct background checks. Background checks will be conducted by an outside vendor. Background checks must comply with all applicable state and federal law. As determined appropriate, background checks may be conducted for applicants and employees hired, promoted, reclassified, retained or reassigned to selected sensitive positions. Background

check requirements may also apply to volunteers and consultants as designated by the president. ·

The University reserves the right to conduct background checks of current employees at any time that is deemed necessary by the President.

PROCEDURES:

It is the responsibility of the Human Resources Department to:

  • develop and maintain general written procedures inclusive of the Fair Credit Reporting Act (FCRA) regarding background checks that comply with governing laws, including provisions to obtain the applicant’s or employee’s authorization when required.
    • develop a process for the employee to challenge the accuracy of a background check report and to ensure that information regarding the process is provided to the employee at the time the authorization form is provided.
    • ensure all recruitment information, announcements and position descriptions state that a position requires a background check where that applies.
    • initiate background checks by using an outside vendor prior to the hire and transfer, reclassification, promotion or reassignment of individuals into sensitive positions, if determined appropriate.
    • notify the individual under consideration that the offer of any personnel action is conditional on successful completion of a background check and that falsification of information provided may be cause for corrective action or rejection.
    • maintain the confidentiality of background check information.

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USE OF BACKGROUND CHECK INFORMATION:

The entity that conducts the background check will provide the results of the check to the Human Resources Department. The Human Resources Director with the assistance of the appropriate vice president will determine whether the individual is suited for employment in the position for which he/she applied. If the background check reveals a conviction, the individual may be disqualified from holding the position. In making such a decision, the university may consider the nature of the crime, the job for which the applicant is being considered, when the crime and the conviction occurred, the applicant’s conduct, performance and/or rehabilitation efforts since and applicable laws. Certain types of convictions may preclude hiring or promoting individuals into sensitive positions. For example, individuals with convictions for theft, embezzlement, identity theft or fraud will not be hired into positions with fiduciary responsibilities. Individuals with convictions for child molestation and/or other sex offenses will be precluded from employment that involves contact with children, students, outreach programs or access to university residences. This list is not all inclusive, but illustrative. Other information revealed in background checks, apart from criminal convictions, also may affect university employment decisions such as credit records, appropriate licensures or driving records for example.

GOVERNING LAWS:

Background checks are subject to statutes including the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq. The university will also comply with all anti­ discrimination laws and, in particular, will not use, or seek, any information regarding an applicant or employee’ s arrest record.

DEPARTMENT OF MOTOR VEHICLE (OMV) CHECKS:

The University shall perform verification of a valid motor vehicle license, generally a valid driver’s license, for each employee who drives as a part of his/her university duties. The license must be appropriate to the vehicle operated (e.g., a bus driver has a special license). In certain cases, including but not limited to employees whose primary responsibility is driving or employees who routinely transport groups of students, faculty or staff, a more thorough Department of Motor Vehicle check may be conducted, as determined appropriate by the university.

FUNDING:

Costs incurred for background checks for new employees, rehired employees, current employees and employees who transfer into selected staff, administrative or faculty positions will usually be paid by the department for which the employee is hired.

SANCTIONS

Those who violate the terms of this policy, including violations of confidentiality, are subject to disciplinary action, including tem1ination. Failure to disclose a felony conviction(s) at the time of application for a position is deemed falsification of the application and may result in termination. Employees who are currently employed have an obligation to notify the Human Resources Department within five business days of being convicted of a felony.

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BACKGROUND CHECK FORM

Print Name: Last First Middle In. Maiden Name
Other Names or Aliases:
Social Security Number Date of Birth Sex Race
Position Title Applying for: Date of Offer: Department:
Type of position: □ Faculty □ Exempt professional/non faculty □ Non-exempt Hourly   □ Student
BACKGROUND CHECK
The following questions must be answered truthfully. A “yes” answer to any of the following questions does not automatically keep you from being hired. However, your omission or falsification of any criminal history is a cause for dismissal from employment or consideration for employment.   Have you ever pled guilty to a criminal offense (misdemeanor or felony)?       □ Yes      □ No Have you ever been convicted of a criminal offense?                      □ Yes      □ No Have you ever pied no contest or had adjudication withheld on any criminal offense?       □ Yes      □ No Do you have any criminal charges pending against you (excluding minor traffic violations)?       □ Yes                                                                                                                                                          □ No 1f you answered yes to any of the above questions, please provide dates, places, details and dispositions of any convictions, pleas, sentences or pending issues (attach separate sheet, if necessary):   If driving is a requirement of the position for which you are applying, please list traffic violations over the last seven years (attach separate sheet, if necessary):
Have you been a defendant in a civil action for an intentional tort, to include but not limited to assault, battery, false impriso nment, or the intentional infliction of emotional distress?          □ Yes          □ No If yes, explain the nature of the tort and the disposition of the action (attach separate sheet, if necessary):
CITIES/STATE(S) RESIDED IN WITHIN THE LAST THREE YEARS
Current Address: Home Phone Number:
Previous City/State/Zip Previous City/State/Zip
Previous City/State/Zip Previous City/State/Zip
If the job duties of the position REQUIRE driving a University vehicle or the employee’s personal vehicle, please indicate driver’s license number and state where issued.
Driver’s License Number: State: