3.11 – Employee Background Checks
A. Purpose
To provide guidance and standards for the employment background check process, ensuring the safety and well-being of the college community.
B. Policy
As a condition of employment, new and former employees are required to successfully complete a background check. The college also reserves the right to conduct background checks on current employees.
C. Procedures
Background checks shall be conducted by a third party. Based on the requirements of the position, the college may check the applicant or employee’s driving history, criminal records, and credit history.
Consent
Prior to conducting a background check, an applicant or employee must complete a disclosure and consent form. If the applicant declines to provide consent for the background check, they can no longer be considered for employment. If a current employee declines to provide consent for a background check, they may be subject to disciplinary action up to and including termination.
Adverse Findings
Negative information on a background check that is relevant and job-related is grounds for non-selection of the candidate but does not automatically disqualify an applicant from employment or a current employee from continued employment. The Office of Human Resources will consider relevant factors including, but not limited to, the seriousness of the negative information, the passage of time since the incident occurred, how the negative information affects the applicant or current employee’s ability to do the job, and the safety and wellbeing of the college community. The Office of Human Resources may consult with the hiring supervisor, other college officials or legal counsel, as necessary.
Dispute Process
If information identified in a background check report is used to disqualify an applicant or current employee, the Office of Human Resources will send the individual a pre-adverse action notice and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA).” A final employment decision shall not be made until seven calendar (7) days after the pre-adverse action notice has been sent out, giving the individual enough time to protest the results or claim they are in error. Once a final employment decision is made, the Office of Human Resources will send the individual an adverse action notice as required by the FCRA.
If the individual challenges the information contained in the background check with the screening agency, the college is not required to wait for the results of that challenge and may move ahead to fill the position. The college’s Anti-Discrimination Statement applies to all aspects of the background check process.
Personnel Records
The results of the background check are kept in official personnel files in accordance with the applicable records retention schedule established by the state of Missouri.
If the individual is not hired, the results of the background check shall be maintained by the Office of Human Resources in accordance with the applicable records retention schedule established by the state of Missouri.
All information related to background checks is treated as confidential and protected as such.
D. Definitions
College community is defined as 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 chief human resources officer.
F. Related Policies
3.01 – Anti-Harassment and Anti-Discrimination
3.44 – Notification of Arrest and Conviction
G. Implementation
Policy approved and adopted by the Board of Trustees on 1/13/2020. Revised on 04/10/2023.
Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the Chancellor’s Cabinet on 12/12/2019. Revised on 03/21/2023.
Set for review in fiscal year 2025-2026.