3.58 – Employee Background Checks

A. Purpose

To provide guidance and standards for the employment background check process.

B. Policy

As a condition of employment, a new employee is required to successfully complete a background check. Former employees who return to work at the college within one year of their date of last employment are not required to submit to a background check. The college reserves the right to conduct background checks on current employees.

C. Procedures

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.

Background checks shall be conducted by an outside third party. Based on the job, the college may check the proposed employee’s driving history, finger prints, and credit history.

The purpose of the background check is to ensure the safety and well-being of others in the college community. 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 into consideration by the Office of Human Resources to determine whether the negative information precludes the individual from employment. Negative information on a background check that is relevant and job-related is grounds for non-selection of the candidate.

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 inherently more likely to disqualify a candidate. The Office of Human Resources may consult with the hiring supervisor, other college officials or legal counsel, as necessary.

If information identified in a background check report is used to disqualify 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 calendar (7) days after the Adverse Action Notice has been sent out, giving the individual enough time to protest the results or claim they are in error. 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.

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.

If the individual is hired, the results of the background check are kept in the employee’s official personnel file 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 College Director of Human Resources

F. Related Policies

3.22 – Notification of Arrest and Conviction

3.04 – Hiring Employees

G. Implementation

Policy approved and adopted by the Board of Trustees on 1/13/2020

Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the Chancellor’s Cabinet on 12/12/2019

Set for review in fiscal year 2022-2023