Background Checks for Employee (Procedure 2.0300)

Purpose

Seminole State College employs well-qualified faculty and staff. Thorough background checks will be required of all current and potential SCC employees. The purpose of this procedure is to describe the types of background checks that may be administered and findings that may render an individual ineligible for employment.

Procedure

Definition:
Conviction: A conviction is defined as any finding of guilt by a court, whether as the result of trial or the entry of a plea of guilty or plea of nolo contendere.

Background Checks

1. The College will conduct various types of background checks which may include, but are not limited to:
   1. Criminal background
   2. Credit check
   3. Driver's license check
   4. Previous employment and references
2. The Office of Human Resources will determine what background checks shall be conducted for each position, based upon its review of job descriptions and the responsibilities of the position. These include, but are not limited to, positions that have access to money, master keys, security-sensitive areas and confidential information; positions that have the capability to create, delete, or alter records; and positions that are responsible for the care and instruction of children.
3. None of the provisions of this procedure shall be used as the basis for illegal discrimination or retaliation against any individuals or groups.
4. All job postings will include a statement indicating that candidates may be subject to background investigations.
5. All final candidates will be given, upon interview, a background investigation authorization to complete. Background investigations will normally be conducted on the intended offeree only. All offer letters must include a statement that the offer is contingent on the results of a background check. Refusal to sign the background investigation authorization shall eliminate the candidate from further consideration for employment.
6. The Office of Human Resources is responsible for ensuring compliance with the requirements of the Fair Credit Reporting Act. Should an adverse action be contemplated or taken because of the results of a background investigation on matters covered by the Fair Credit Reporting Act, the Office of Human Resources shall comply with the notice provisions of the Fair Credit Reporting Act.

Individuals Subject to Background Checks

1. Criminal Background Checks.
   Criminal background checks will be conducted and documented by the Office of Human Resources for all current employees who have never had a criminal background check, all new employees, and for rehired employees who have had a break in service of one year or more.
2. Credit Check
   A pre-employment credit check will be conducted on finalists for positions that are directly involved in the finances of the College. Such positions may include but are not limited to: President; Vice President for Administrative and Business Services; and Comptroller. Credit checks will be conducted and documented by the Director of Human Resources and results will be provided to the hiring manager.
3. Driver's License Check
   A driver's license check will be conducted on all employees who drive a College-owned vehicle during the course of their work at SCC. Driver's license checks will be conducted and documented by the Human Resources Department.
4. Previous Employment and References
   Previous employment and references will be verified for all new employees or employees who are rehired following a break in SCC service of 12 months or longer. Previous employment and reference checks will be conducted and documented by the hiring manager.

Criminal Background Check Findings and Employment Eligibility

1. The Office of Human Resources will coordinate the criminal history check process. Results of the criminal history background check shall be sent directly to the Director of Human Resources, or designee.
2. Upon receipt of criminal history results, the Director of Human Resources, or designee, shall review and evaluate all criminal history records. Results that indicate any conviction or deferred adjudication from the age of eighteen will be reviewed based on the nature of the offense as it relates to the employment involved and its implications for the general safety and security of the campus community.
3. The determination of eligibility for employment shall be made on a case-by-case basis. Where there is a record of criminal conviction or deferred adjudication, consideration shall be given to, but is not limited to, the following factors:
   
   
   1. the specific duties of the position
   2. the nature of the offense
   3. the number of offenses and circumstances of each
   4. how long ago the conviction occurred
   5. whether the offense arose out of an employment situation, and
   6. the accuracy of any explanation on the application.
4. After the review and evaluation of a candidate's criminal history by the Office of Human Resources, the Director of Human Resources will make an initial determination whether the candidate presents a questionable risk for hire, promotion, reclassification, transfer or continued employment. The Director of Human Resources will then consult with others as appropriate to ensure that the employment decision is fair and legal based on the information obtained.
5. If it is determined that the candidate does not possess the qualifications or characteristics necessary to perform the duties of the position most effectively, or would not be the best candidate to serve the institution in the position, an offer of employment, promotion, reclassification or transfer should not be made. The Director of Human Resources will inform any Screening Committee involved in the hiring process that the candidate is not eligible for employment.
6. In the event that a finalist's criminal history results in an adverse hiring decision, the Office of Human Resources will be responsible for notifying the candidate in accordance with the Fair Credit Reporting Act. Prior to taking adverse action, the Office of Human Resources will provide the candidate with a copy of the background check report, along with a summary of rights. After the adverse action is taken, the candidate will be given an adverse action notice.
7. False statements, including omissions, of material fact, will disqualify an applicant from further consideration from employment. An applicant who provides misleading, erroneous, or deceptive information on the application form, resume, credential documents, disclosure form, or in an interview will be eliminated from further consideration for employment or be subject to employment termination.