3.58 – Employee Background Checks

  1. Purpose

    To provide guidance and standards for the background check process.

  2. Policy

    The policy of this college shall be that as a condition of employment, a new employee will be required to successfully complete a background check. Former employees who return to work at the college within a two-year period since the date last employed by the college may not be required to submit to a background check.

    The college will use information obtained through a background check to determine the individual’s ability to perform the functions of the job, and for the safety and well-being of others in the college community and visitors to campus. The college’s Anti-Discrimination Statement applies to the background check process.

    Negative information on a background check will not automatically result in adverse action. In such situations, an individualized assessment of all relevant factors, including the job responsibilities of the position, will be taken for advisement by the Office of Human Resources to determine whether the negative information disqualifies the individual from employment. Negative information on a background check that is relevant and job-related is grounds for non-selection of the candidate.

  3. Procedures
    1. Prior to conducting a background check, the individual must complete a disclosure and consent form. If the individual declines to provide consent for the background check, he or she can no longer be considered for employment.
    2. Backgrounds checks shall be conducted by an outside third party. The college will determine, based on the job description, if a driving record check and/or credit check is necessary.
    3. The results of the background report shall be reviewed by the Office of Human Resources. If any negative information is found in the report, the Office of Human Resources will review the report and make a determination as to whether the offer of employment will be considered or withdrawn. The Office of Human Resources may consult with the hiring supervisor, other college officials or legal counsel, as necessary. Negative information in the report(s) does not automatically disqualify the individual from 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 prospective employee’s ability to do his or her job, and safety concerns. However, certain offenses, such as sexual assault, crimes of violence, and convictions for drug abuse or distribution, are more likely to disqualify a candidate.
    4. If information identified in a background check report is the reason for disqualifying a candidate, 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 (7) calendar days after the Pre-Adverse Action Notice has been sent out, giving the individual enough time to dispute the results. Once the final employment decision is made, the Office of Human Resources will send the individual an Adverse Action Notice as required by the FCRA.
      1. If the individual challenges the information contained in the background check with the screening agency, the college is not required to hold open the position.
    5. If the individual is hired, the results of the background check shall be kept in the employee’s official personnel file.
    6. If the individual is not hired, the results of the background check shall be maintained by the Office of Human Resources for at least one (1) year from the date of the decision not to hire.
    7. All information related to background checks will be treated as confidential and shared on a strict need-to-know basis.
  4. Responsibilities
  5. Definitions
  6. Authority

    This policy is maintained under the authority of the Associate Vice Chancellor for Human Resources and Workforce Development.

  7. Related Policies

    3.04 Hiring Employees

  8. Implementation

    Approved 10/15/18