Background check
Definition
According to the HRBoK Guide,
- Background check. Process of confirming a job candidate's personal and public information. Gathering data to determine the accuracy of a candidate's experience and records during employment screening (for example, verifying personal data, checking credentials, determining any criminal activity).
Criminal Background Check
The Hiring Authority is responsible for conducting a criminal background check on the preferred internal or external candidate through an independent professional investigation firm before an offer of employment is extended. Backgrounds checks using outside firms shall only be conducted after proper notice to and consent from the candidate. Background checks are to be conducted in a manner that complies with the Fair Credit Reporting Act and similar laws and regulations.
Additional criminal background checks may be performed throughout employment. The Hiring Supervisor is responsible for identifying any additional screening or testing that pertains to the particular position for which the candidate is applying. Pursuant to state and federal laws and/or organizational safety practices, additional testing is required for positions associated with the handling of chemicals, pharmaceuticals, animals, or working with children.
Unless otherwise provided by law, having a criminal conviction does not necessarily preclude employment. The nature of the offense and its relevance to the applicant’s suitability for the particular position, in particular, whether the individual’s employment by the university poses an unacceptable risk, is considered on a case-by-case basis. The university evaluates the candidate’s suitability for the position and makes the final employment determination, carefully considering the potential impact of the conviction on the safety and security of the campus community and the security of university assets.
Factors considered in determining suitability may include, but are not be limited to the following:
The relevance of the crime(s) to the responsibilities of the position sought The length of time since the conviction The age of the candidate at the time of the offense The seriousness and specific circumstances of the offense The number of offenses Whether the candidate has pending charges Evidence of the candidate’s rehabilitation efforts The truthfulness and accuracy of information on the application and other material provided in support of the application.
Situations of concern will be reviewed by the university’s Office of General Counsel. To the extent required by the Fair Credit Reporting Act (FCRA), candidates will be informed, in writing, of adverse information discovered in the Background Check and given an opportunity to respond. Upon conclusion of the review, written notice will be sent to the candidate regarding the decision of eligibility for the position.
If an employee is convicted of a crime while employed, the employee must discuss this with the Hiring Supervisor and Employee Relations. Continued employment is dependent on the nature of the conviction as it relates to the employee’s responsibilities.
