2.08 – Student Background Checks
A. Purpose
To provide guidance and standards for the student background check process, which is required to provide a safe and productive environment for all members of the college community.
B. Policy
The college reserves the right to perform background checks on applicants and students as it deems appropriate. Also, as a condition of admittance, readmittance, and/or participation in some academic programs or courses, applicants may be required to successfully complete a background check. Acceptance in a college program is not a promise or guarantee that the results of a student’s background check will be acceptable to all licensing boards, clinical locations, or employers.
C. Procedures
Use of Information
The college’s Anti-Discrimination Statement applies to all aspects of the college’s background check policies and procedures. The information revealed through the background check process will be used for the purpose of evaluating the student’s suitability for admission to the college or specific OTC programs and/or continued enrollment.
Confidentiality
The results of a student’s background check will be shared only for legitimate educational purposes and in compliance with the Family Educational Rights and Privacy Act (FERPA). The results may be retained by the college or a third-party and will be retained and/or destroyed in accordance with Missouri law, federal law, and the college’s records retention procedures.
Process
The college uses qualified background check vendors to conduct its background checks. Based on academic program requirements, the college may check the applicant or student’s driving history, criminal records, and credit history. Students may be responsible for the costs of these checks, and the results will be provided directly to the college. Previously obtained background check results may not be sufficient to satisfy the requirements of this policy. Depending on the program, requirements in addition to this policy may apply.
Consent
If the applicant or student will be required to complete self-disclosure, FERPA release, and background check consent forms, these forms must be completed prior to a deadline set by the college. If the applicant or student declines to timely self-disclose, agree to the FERPA release, or consent to a background check, they can no longer be considered for the program or course.
Self-Disclosure Requirements
As part of the background check process, as noted above, students may be required to fill out a self-disclosure form listing any charges, arrests, or convictions that they have received, aside from minor traffic violations such as a parking ticket or speeding ticket.
Further, on an ongoing basis, students who are participating in programs or courses that require background checks must disclose to the department chair or program director any charge, arrest, or conviction they receive while enrolled in the program/course. Students must report this information within 72 hours of receiving the charge, arrest, or conviction.
An individual who fails to disclose a charge, arrest, and/or conviction in violation of this policy or fails to disclose accurate details of the incident to the department chair or program director will be subject to disciplinary action and referral to the dean of students for additional disciplinary sanctions up to and including dismissal from the college.
Adverse Findings
Negative information on a background check may be grounds for non-acceptance or dismissal but does not automatically disqualify a student. The college will consider relevant factors on a case-by-case basis, including but not limited to, the nature and seriousness of the negative information; the passage of time since the incident occurred; how the negative information affects the applicant or current student’s ability to participate in the program or course; and likelihood that the student will be able to be placed at a clinical agency or be eligible for licensure. Based upon its analysis, the college will decide whether a student may participate or continue participating in a specific program or remain enrolled in the college. If the background check process results in dismissal, the college will follow its refund policy.
Dispute Process
If the information identified in a background check report is used to disqualify a student or applicant from admission to a specific program or continued enrollment in the college, the college will communicate with the student about any adverse actions. If the Fair Credit Reporting Act applies, the student will be sent a pre-adverse action notice, a copy of their report, information on the credit reporting agency providing the report, and “A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA).” Students will have the opportunity to submit information to the college disputing the accuracy or completeness of the report before a final decision is made and communicated. Once a final decision is made, the academic division dean will send the individual notice of the college’s decision (or an FCRA adverse action notice seven days after the pre-adverse action notice, as applicable).
The student or applicant may appeal this decision through the procedures outlined in 5.16 Student Discipline and Appeals if they had not yet started a program requiring background checks.
Currently admitted students who withdraw or are dismissed from a program requiring background checks as a result of adverse findings may appeal the decision through the procedures outlined in 2.62 Academic and Course Grade Appeal. If the student or applicant challenges the information contained in the background check with the screening agency, the student may continue attending OTC classes, subject to approval by the college, until the challenge is evaluated. Clinical or practicum activities may be paused pursuant to agreements with host sites.
D. Definitions
College community is students, faculty and staff of the college, the Board of Trustees, visitors, contractors and consultants performing work or services on college-owned or leased properties and all other invitees of the college.
E. Authority
This policy and these procedures are maintained under the authority of the executive vice chancellor for academic affairs.
F. Related Policies
2.62 – Academic and Course Grade Appeal
3.01 – Anti-Harassment and Anti-Discrimination
5.15 – Standards of Student Conduct
5.16 – Student Discipline and Appeals
G. Implementation
Policy approved and adopted by the Board of Trustees on 10/09/2024.
Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the Chancellor’s Cabinet on 10/04/2024.
Set for review in fiscal year 2028-2029.