4.3.3 Background Checks

Policy Statement

Background checks are conducted for all regular faculty and staff prior to an initial job offer. In certain circumstances, the background check can be made after a conditional job offer, but conditional job offers should not be made without first consulting with the College’s general counsel or Human Resources. The level and type of background checks depend on the position. The standard items on all background checks include former employment and references, criminal history, addresses, name, and social security number verifications. Additional information, based on the position, may include education degree verification, licensure verification, motor vehicle record check, or personal credit history. Education degree verification is checked for all staff positions with a minimum qualification of a bachelor’s degree or higher. Licensure verification is required for staff positions requiring professional licensing or certification. Motor vehicle record checks are required for any individual (student, staff, or faculty) requesting authorization to drive a College vehicle. Personal credit history is required for executive officers, technology-related, finance-related, or cashier’s office positions. Current staff applying for or being considered for promotion to new positions may be required to undergo the appropriate background checks.

All background checks other than employment verification and employment references may be conducted by an outside provider and the applicant has a right to request a copy of his or her background check results from that provider. Background check results are considered the property of the College.

Procedure

1. Once the hiring manager identifies the finalist (or finalists if necessary) for a faculty or staff position, the hiring manager notifies Human Resources. This should be done before a job offer is made. If necessary, the hiring manager can discuss making a conditional job offer with Human Resources or general counsel prior to the background check.
2. Human Resources will contact the finalist to secure the necessary waivers and additional information to secure a background check. Human Resources will tell the finalist that he or she is “a” finalist and is being seriously considered for the position. Human Resources will not tell the finalist that he or she is “the” top candidate.
3. Human Resources will conduct the background check. Human Resources will notify the hiring manager when the background check is complete. The process can take between two and five working days.
4. If the background checks reveal questionable or negative results, the applicant will not necessarily be disqualified from the process. The background check information will be shared with the hiring manager or department chair. If Human Resources or the hiring manager believes the candidate should not be considered based on the information received, Human Resources will coordinate a discussion with the hiring manager, the appropriate executive officer, and general counsel. Additional information from the applicant may be sought if necessary to verify or elaborate on the questionable or negative results. The final hiring decision in these circumstances rests with the appropriate executive officer and should take into account all available information including the type of negative information, the severity, the frequency, and the recency of the infraction—all in relation to the type of position in question. In evaluating the severity of an infraction, the executive officer should consider, along with all the circumstances, whether the infraction involved destruction of property, violence, an act of dishonesty or false statement, or a breach of trust or confidence. The executive officer should also consider, along with the circumstances, whether the infraction was punishable by imprisonment for a year or more under the pertinent law. All acquired information will be kept confidential and only discussed with College personnel with a business-related need to know.
5. If an adverse action is taken as a result of the background checks, Human Resources will initiate the legally required notification processes and documentation to the applicant.

For the full policy on background checks see http://www.lclark. edu/dept/hrpolicy/ backgroundchecks. html.

Approved by the Executive Council October 25, 2006

Amended by the Executive Council September 26, 2007