Background Checks 2.0

1.0    Purpose

This policy establishes guidelines to ensure a safe work and academic environment.

2.0    Revision History

3.0    Persons Affected

3.1    Casper College employees employed on or after August 19, 2014. Employees who change jobs within the college to a security sensitive job or have a break in service are subject to this policy even if their initial employment with the college was prior to August 19, 2014. All Casper College employees are subject to an annual sex offender registry check.

3.2    Casper College job candidates

3.3    Casper College students

3.4    Casper College volunteers

3.5    Vendors

3.6    Organizations not affiliated with Casper College whose employees or volunteers provide overnight supervision of minors on college property are required to provide verification of background checks prior to the start of a program or event.

4.0    Policy

The policy of Casper College is to ensure the following.

4.1    The college promotes a safe work and academic environment.

4.2    The college will keep information discovered through the background check process confidential and use the information solely for the purpose of evaluating a candidate’s suitability for employment, change in job, or volunteering. The college will not use the information to discriminate against a candidate, employee, or volunteer on the basis of race, color, national origin, sex, disability, age, or any other characteristic protected under applicable federal, state, or local law.

4.3    The college abides by all federal, state, and local laws regarding background checks.

5.0    Definitions

5.1    Minor. Any person under the age of 18 years old.

5.2    Employees. All executive, administrative, professional, classified, faculty, adjunct faculty, part-time, temporary, seasonal, on-call, and student employees who receive compensation from funds controlled by Casper College for work performed on behalf of the college, regardless of the funding source, job duties, compensation paid, or percent of time worked.  

5.3    Volunteers. People who provide services to the college under the supervision of a full-time college employee and without expectation of compensation. Volunteer services are for the benefit of the college. Volunteers are not college employees. Volunteers must be 14 years or older.

5.4    Exempt Volunteer Service. Activities generally considered low-risk are exempt from completing a volunteer application and background check. Examples include committee members appointed by the college or a third-party accrediting agency to conduct a program assessment or accreditation review; third party agency representatives to conduct an inspection, investigation, observation, or evaluation, advisory committee members, commencement volunteers, entertainers, or public or guest speakers.

5.5    Vendor. A person or company that provides a good or service.

5.6    Supervisors. All positions, including executive, administrative, classified, faculty, and adjunct faculty that oversee employees and student employees.

5.7    Background Check. A process of searching public and criminal records to verify information and manage risk. A background check may include, but is not limited to, fingerprinting, social security number trace, address locator,  federal, state, county, and city databases searches for criminal history, child abuse and neglect or violent crime charges, sex offender registry, financial and credit checks, and any other pertinent information.

5.8    Electronic Background Check Form. A form used to solicit permission to conduct a background check. The candidate, employee, or volunteer completes and signs the form. In the case of a minor, the minor’s parent or guardian must also electronically sign the form.

5.9    Student. A person currently enrolled in the college.

5.10    Security Sensitive Jobs. Jobs that carry the potential to expose the college to substantial liability or present a risk of loss or harm to the college or college community members. These jobs include, but are not limited to, jobs involving significant financial responsibilities, cash handling, the care of or daily close contact of minors, or jobs that have access to residence halls, master keys, personal data, or federally classified data.

6.0    Responsibilities

6.1    Human Resources (HR) and hiring supervisors are responsible for maintaining compliance to this policy.

6.2    Faculty are responsible for requesting background checks for students who need them as part of the student’s program.

7.0    Procedures

7.1    Job Candidates

7.1.1    Supervisors notify HR of the candidate they would like to hire. HR will initiate an electronic background check and oversee the process. Employment offers are contingent upon a satisfactory background check. Refusal to submit the Electronic Background Check form constitutes a rejection of the employment offer.

7.2    Employees

7.2.1    HR will initiate electronic background checks and oversee the process for all employees hired on or after August 19, 2014 and for any employee, no matter when they were initially hired, who changes jobs within the college to a security sensitive job or who has a break in service.

7.2.2    HR will initiate and oversee the process of conducting annual sex offender registry checks on all employees.

7.3    Students

7.3.1    Some academic programs require students to complete a background check as part of their program or on-campus practicum, training, or internship. Faculty will initiate a background check and oversee the process in these circumstances. Students pay for the cost of a background check when it is a requirement of the program, practicum, training, or internship.

7.3.2    Some academic programs have external partnerships that provide clinical practicums, training, or internships. External partners may require students to obtain and submit a background check to their human resource office for review and assessment. Students will initiate and pay for the cost of a background check required by external partners.

7.4    Volunteers

7.4.1    HR will initiate an electronic background check and oversee the process for all volunteers, unless the volunteer is providing exempt volunteer service.

7.5    Results and Notification

7.5.1    Candidates, Employees, and Volunteers
HR will discuss the results of the background check with the candidate, employee, or volunteer if the background check revealed a criminal record. Afterwards, HR will conduct a risk assessment taking into account the following factors.
•    The nature of the finding and its relationship to the job
•    The job or role for which the candidate, employee, or volunteer is being considered
•    The time elapsed since the findings
•    The candidate, employee, or volunteer’s employment history
•    Whether hiring, transferring, or placing the person would pose an unreasonable risk to the college, employees, or students
•    The number of findings, if more than one
•    Other relevant information

Based on the assessment results the following actions may occur.
•    Candidates may be disqualified for a job
•    Current employees who are selected for a security sensitive job at the college may be disqualified for that job
•    Potential volunteers may be excluded from volunteering

7.5.2    Students
Faculty or the external partner site where the student will be placed will notify students of the results and conduct a risk assessment taking into account the following factors.
•    The nature of the finding
•    The program for which the student is being considered
•    The underlying event(s) that occurred
•    The time elapsed since the findings
•    Other relevant information

Based on the results and program requirements, students may have their participation in a program restricted or modified or may not be able to progress in their program.

7.5.3    Vendors
Any vendor who will have employees on campus for more than 5 days in a calendar year must submit verification to HR that those employees have successfully completed a background check. If a vendor does not background check their employees, the vendor’s employees must submit paperwork with HR disclosing any past criminal offenses. Upon review of the paperwork, HR may exclude any vendor employee the college deems inappropriate to be on campus for the specific employment situation.

7.6    HR will retain authority to access background check results. Results of all such checks will be kept strictly confidential and will not be disclosed to any person except to the extent necessary to administer and enforce this policy or as required by law or appropriate legal process. They will maintain the records in a confidential file in HR, separate from the employee’s personnel files.

Program areas may retain copies of student background check results when accreditation or program needs dictate such access.