A check of a candidate’s background is intended to serve as an important part of the selection process when hiring new employees and retaining employees hired after January 1, 2005. Background checks may also be required for current employees and student-workers whose jobs are defined as “security sensitive” (see definition below).

A background check is conducted to promote a safe work environment and to protect our university’s most important assets: the people we serve and the people with whom we serve. It assists hiring authorities in making prudent employment decisions based upon more comprehensive job-related information, and because the background check may be updated periodically, it also assists the university in maintaining a high-quality workforce.

Prior to employment, the candidate must complete a satisfactory background check. A satisfactory background check is defined as the absence of a criminal history record which bears a significant relationship to the applicant’s or employee’s suitability to perform the required duties and responsibilities of the position.

Employees Subject to Background Checks
Employees subject to pre-employment and concurrent with employment background checks include the following:

1) Regular (benefits-eligible) faculty and staff, adjunct faculty and tutors beginning employment January 1, 2005, or later;
2) All current and future employees in security-sensitive positions including part-time, temporary and student workers, and casual labor;
3) Regular (benefits-eligible) faculty and staff, adjunct faculty and tutors who are returning to employment after more than a twelve-month break in service; and
4) Employees who are changing status from non-regular to regular employment (non benefits-eligible to benefits-eligible).

Security-sensitive Positions
Vice presidents are responsible for determining which positions in their areas should be designated as security-sensitive based on the responsibilities of those positions. The criteria to be considered include, but are not limited to, whether the employee’s responsibilities provide for:

1) Key or card access to university-owned residential facilities; or
2) Direct responsibility for the oversight, care, safety and security of non-enrolled minors.

When hiring officials contact Human Resources about filling a security-sensitive position, they must identify the job as such so the job opening can be correctly announced. Under no circumstances, including casual or temporary labor needs, may a candidate for a security-sensitive position begin employment prior to the completion of the background check.

Recordkeeping
The Office of Human Resources will maintain a log of all background checks. The log will include the following: name, department, position title, hiring official, date of background check, and employment date. Copies of background check consent forms and background reports will be maintained in a separate and confidential file.

Job Postings/Recruitments
All recruitment information (job posting, flyers, external advertising) must state that employment is contingent upon obtaining and maintaining a satisfactory background check.

Job Applications
All applicants must complete and sign the appropriate St. Edward’s Application for Employment (faculty or staff), and the Background Check Consent Form. Falsification of information submitted on St. Edward’s University application materials may be grounds for disqualification or separation.

Final Interviews
During the final interview process, all candidates will be notified that any job offer and moving expenses, if applicable, are contingent upon successful completion of the background check.

Job Offers
Other than security-sensitive positions, if a background check cannot be completed prior to the start date, the background check must be initiated no later than three days after the employee’s start date. When such a position is offered, it shall be reiterated to the final candidate that the offer of employment is conditioned upon successful completion of the background check (e.g., “Successful completion of a background check is required for employment. If the results of the background check are not satisfactory, this offer of employment is rescinded.”)

Criminal Convictions
1) Only criminal convictions, guilty pleas, pleas of no contest and deferred adjudication will be considered in determining an applicant’s suitability for employment. Detention or arrest without conviction typically do not constitute valid grounds for employment decisions or play a part in the decision-making process.
2) In determining an applicant’s suitability for employment where the applicant has criminal convictions on his/her record, consideration will be given to the specific duties of the position, the number of offenses and circumstances of each, the length of time since the conviction(s) and the accuracy of the explanation on the application.
3) In instances where information is obtained that may result in a release from employment, or if there has been falsification of information submitted on university application materials that may be grounds for disqualification or separation, the Office of Human Resources will provide guidance and a recommendation to the hiring department.
4) If a completed background check regarding a current university employee reveals adverse information that bears a significant relationship to the employee’s suitability to perform the required duties and responsibilities of his/her current position, or if there has been falsification of information submitted on university application materials that may be grounds for disqualification or separation, the Office of Human Resources will provide guidance and a recommendation to the appropriate managers.
5) If a current employee is terminated or resigns as a result of information obtained from the initial background check, and there has been no falsification of information submitted on university application materials, the employee will receive his/her accrued, unused annual leave.
6) Human Resources will serve as the “office of record” for background check results.

Dispute Information
If a candidate or current employee disputes the accuracy of any information obtained in a background check (including criminal records) he/she should be referred to the agency that provided the information. Such dispute will not necessarily impact the hiring process. A candidate or current employee disputing the accuracy of information will have three (3) business days to conclusively demonstrate the inaccuracy of the information obtained in a background check, after which time an employment decision may be made.

Procedure
New Employees: To be considered for employment, all prospective employees must complete and submit two documents: the (staff or faculty) Application for Employment and the Background Check Consent Form. All job offers must be made “contingent upon successful completion of a background check.” After the contingent offer is made, the hiring official will notify HR and provide all of the required documents. After the background check is successfully completed, generally three to five working days, HR will notify the hiring official. The new employee may begin work at any time after that. On those rare occasions when the background check is not satisfactory, HR will provide guidance and a recommendation to the supervisor and appropriate vice president.

Current Employees: Current employees in security-sensitive positions must complete and submit the Background Check Consent Form and the appropriate (staff or faculty) Application for Employment, if one is not currently on file in Human Resources. Continued employment is contingent upon successful completion of a background check. After the background check is successfully completed, HR will notify the hiring official. On those rare occasions when the background check reveals information which bears a demonstrable negative relationship to the employee’s suitability to perform the required duties and responsibilities of his/her current position, the Office of Human Resources will provide guidance and a recommendation to the hiring department.

Subsequent Criminal Convictions
In the event that an employee subject to this policy receives a criminal conviction after successful completion of the initial background check, that employee may inform the Office of Human Resources in order to determine whether or not the conviction is relevant to his/her job under this policy. If the conviction is not relevant, no adverse action will be taken. If the conviction is relevant, employment may be terminated or the employee may resign. In either case, the employee will receive his/her accrued, unused annual leave. Employees who fail to notify Human Resources about a “subsequent criminal conviction” that proves to be relevant to their job, will be terminated for cause and will forfeit eligibility to receive payment for his/her accrued, unused annual leave.