BACKGROUND
CHECKS UPPS
No. 04.04.17 (NEW)
Issue
No. 1
Effective
Date: 03/30/2007
Review:
June 1 E2Y
01. POLICY STATEMENTS
01.01 This UPPS
establishes the University’s policy and procedures for conducting and obtaining
background checks.
01.02 The University
will use information obtained in background checks only for evaluating
individuals wishing to enter into certain official relationships with the
University. The University will not use the information to discriminate on any
basis prohibited by law.
02. GENERAL
02.01 Any official relationship, including employment,
between the University and an individual or entity is contingent on
successfully passing any background check required for that relationship. This
policy also includes volunteers and contractors. The background check must be
successfully passed prior to the first day of employment or official
relationship being established.
02.02 Postings for employment and official relationships
with the University that require a background check will include a notification
of the background check requirement per the authority granted in the State of
Texas Education Code Section 51.215 and Government Code Section 411.1405.
02.03 The
University may conduct background checks itself or through a third party
approved by the President. The University and its third party agent will
conduct all checks in accordance with law and this policy. The department
requesting the check will pay for the check.
02.04 The
University will conduct criminal background checks for:
a.
applicants
selected to fill security sensitive positions;
b.
employees
selected to transfer or to be promoted to security sensitive positions; and
c.
employees whose
position is reclassified as a security sensitive position if a background check
was not completed at the time of hire.
02.05 The
University will conduct driving history checks for persons whose duties may
require that they operate a University vehicle as provided in UPPS No. 05.05.02.
Other background checks, specifically credit, credential, education, employer
reference, workers’ compensation, motor vehicle and global watchlist, may be
conducted and obtained if deemed appropriate and approved by the division vice
president.
02.06 All
information obtained through a background check is privileged and confidential
and will not be released or disclosed to any unauthorized person.
03. PROCEDURES FOR CRIMINAL BACKGROUND CHECKS
03.01 The
Director of Human Resources will conduct and obtain criminal history background
checks for all positions designated as security sensitive, except the University
Police Department as noted below.
The
Director of University Police establishes procedures on conducting criminal
history background checks on designated University Police Department (UPD)
positions.
The
hiring official will provide a background release form signed by the individual
on whom the check is being conducted to the Director of Human Resources as appropriate
before any criminal background check can be conducted. The release form is available
in Human Resources, or may be downloaded from the Human Resources website at www.humanresources.txstate.edu.
Failure to sign the release form renders the individual ineligible to be
selected for the security sensitive position under consideration.
Note:
The University will not select an individual for a security sensitive position
if the individual fails to provide a complete set of fingerprints if requested.
03.02 The
Director of Human Resources will conduct a criminal background check after
receiving the applicant log and background check authorization form. The
Director will screen the results against the eligibility criteria shown in Attachment
I and will notify the hiring official that the individual has either passed
or failed the background check.
The
Director will not provide the information obtained to anyone except as
authorized by the Vice President for Finance & Support Services (VPFSS).
However, upon request, the Director may provide the information to the person
on whom the check was conducted.
If
the background check meets the standard eligibility criteria, but does show
significant activity, the Director of Human Resources will notify the hiring
official. The hiring official may then view the background check to determine
the relevancy of the results as required in Section 05 of this UPPS.
Note: The unauthorized release of criminal history
information is a criminal offense and against University policy. Any
unauthorized release of criminal history information will subject the person
releasing the information to prosecution under the law and University
disciplinary sanctions.
03.03 The
Director of Human Resources will destroy criminal history information obtained
in a background check no later than 60 days after obtaining it. This
information is not a part of any person’s permanent personnel file.
04. PROCEDURES
FOR BACKGROUND CHECKS OTHER THAN CRIMINAL AND DRIVING HISTORY
04.01 Divisional
vice presidents may authorize other background checks, such as employment and
education verification, credit history, personal identification, and license
and certification verification. The Director of Human Resources will conduct
these checks through a third party.
The
form is available in Human Resources, or may be downloaded from the Human
Resources website at www.humanresources.txstate.edu. Failure to sign the authorization form
renders the individual ineligible to be selected for the position under
consideration.
04.02Once the applicant log, background check release
form, and an approval from the divisional vice president for an optional background
check are received by the Director of Human Resources, the background check is requested
from the third party vendor. Results are obtained by the Director of Human Resources,
and the hiring official for the position is notified.
The
information obtained in the optional background check is not provided to
anyone, except the hiring official, outside the Human Resources Office except
as is authorized by the VPFSS. The
hiring official is not given a copy of the background check but may review the
results in the Human Resources Office to determine the relevancy of the results
as required in Section 05 of this UPPS.
Additionally, as required by law, a copy of the background check may be
requested by the individual on whom the check was conducted if the check was
done by a third party vendor.
Note:
The unauthorized release of optional background check information is against
University policy. Any unauthorized
release of optional background check information will subject the person
releasing the information to University disciplinary sanctions.
04.03 Information obtained in an optional background check is
not made part of an individual’s permanent personnel file and is destroyed by the
Director of Human Resources no later than 60 days after being obtained.
05. PROCEDURES
FOR USE OF INFORMATION OBTAINED IN BACKGROUND CHECKS
05.01 Any action taken based on information obtained in a
background check should only be done after careful consideration of the following:
a. An
individual who fails to meet the standard eligibility criteria approved by the
President’s Cabinet is disqualified from holding the position. Information can only be used to disqualify an
individual for employment if it is directly relevant to the position in
question and is consistent with a business necessity. The severity of the
individual’s offense, its relatedness to the position, and the amount of time
that has passed since the offense are to be considered by the hiring officials.
Additionally, knowledge of an arrest in and of itself should not necessarily be
used to disqualify an individual from employment. Hiring officials must solicit the
individual’s side of the story before making a determination on whether to
disqualify the individual.
b.
If an individual
wants to dispute the findings in a background check, Human Resources will have
the third party vendor conduct a comprehensive re-verification check of the
information in dispute at no cost to the individual. The individual should
notify the Director of Human Resources to conduct the re-verification.
06. REVIEWERS
OF THIS UPPS
06.01 Reviewers of this UPPS include the following:
Position Date
Director, Human Resources June 1 E2Y
Director, Equity and Access June 1 E2Y
Chair, Staff Council June
1 E2Y
07. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents
Director
of Human Resources; senior reviewer of the UPPS
Vice
President for Finance and Support Services
President