(A)
Policy statement
and purpose
To enhance the safety and security of
BGSU students, faculty, staff, and others, and to safeguard university property
and resources BGSU enacts this policy governing pre-employment criminal
background investigations. Bowling Green state university shall require a
background investigation be done for newly hired or rehired employees as a
pre-condition of employment. For individuals who are proposed for rehire
following an interrupted period of employment, a background investigation will
be required if there is a break of twelve months or more from the end of the
most recent period of employment.
(B)
Policy
(1)
Background
investigations
A criminal background investigation
will be performed as part of the hiring process to verify that the selected
applicant or employee does not have a pending charge, arrest or criminal
record. The criminal background check includes a social security number trace,
a county, statewide and federal criminal records search including a search of
sex offender registries. Other inquiries pertinent to a particular position,
including but not limited to obtaining an applicant's credit history or driving
history, will be obtained as warranted. The determination of whether additional
inquiries may be required will be determined by the chief human resources
officer and the appropriate divisional leader.
(a)
Criminal
background investigations shall be required prior to employing all prospective
full and part time faculty, administrative, classified, intermittent, contract
employees, individuals on letters of appointment, and designated temporary and
student staff members and volunteers. This policy includes positions which
recruitments are conducted, along with individuals hired through approved
recruitment exceptions.
(b)
The costs associated with conducting the background
investigation shall be charged to the employing division.
(c)
Certain positions
may be subjected to additional background investigation.
These include:
(i)
Positions
reporting directly to the president or to a vice president with
responsibilities for planning, leading, controlling and evaluating the
activities of an office or department of the university.
(ii)
Positions with
access to, or control over cash, checks, credit card accounts, or financially
sensitive information.
(iii)
Positions with authority to commit the financial
resources of the university through purchases or contracts and persons charged
with insuring proper expenditures.
(iv)
Positions which
allow access to personally identifiable information about individuals or
organizations associated with the university or involve the creation or
maintenance of processes required to secure information maintained by the
university including network administrators, systems programmers, human
resources, student employment and university advancement
personnel.
(v)
Positions requiring the operation of university motor
vehicles or heavy equipment as part of assigned job duties.
(2)
Rules applicable to internal hires
Employees who transfer or who are
promoted are exempt from a background investigation unless the position falls
into one of the categories listed in one through five above or involves work
with minors. Suitability of an employee for the proposed transfer or promotion
will be assessed using the same guidelines as those used to evaluate initial
hires.
(3)
Procedures
(a)
Notification to applicants
All candidates subject to this policy
shall be notified, in writing, of the requirement to successfully pass
background investigations. Candidates shall be required to properly execute the
university's electronic authorization release form, the notice and the executed
consent shall be made part of the search file.
(b)
Initiating
background inquiry
The university shall utilize a
professional firm specializing in background searches and investigations. All
investigations and records are obtained and handled in a confidential manner
and in compliance with applicable federal and state laws, including the Fair
Credit Reporting Act (FCRA). The following procedures will be
used:
(i)
Most background investigations provide a seven year
history.
(ii)
Candidates will be notified in writing in cases where
the university is considering taking adverse action based in whole or in part
on the information contained in the investigation and shall be given an
opportunity to provide a written account of the pertinent
event(s).
(iii)
If the university takes adverse action, the candidate
will be provided an adverse action notice, including further information
pertaining to the candidate's rights under FCRA.
(4)
Investigation results and use
The background investigation results
will be provided to the chief human resource officer or designee. In the CHRO's
discretion the results may also be provided to the director of public safety,
or the director's designee. If the background investigations reveal criminal
activity the CHRO shall consult with the employing unit's contracting officer,
the director of public safety or designee, and the office of general counsel to
determine the appropriateness of extending an employment offer to the
candidate. The CHRO may consult with other senior university executives as
warranted, including the president. The hiring authority will be notified of
the final decision.
(a)
Apart from the persons designated in this section the
details of the investigation results will not be provided to any other persons,
including search committee members. Results of the background investigations
will remain confidential to the extent permitted by Ohio law and shall be
maintained by human resources. The investigation results will be shared with
authorized individuals only upon a determination that they need to know the
information in order to perform their official duties.
(b)
Failure to
provide authorization and permission to conduct a background investigation will
result in withdrawal of a conditional offer of employment.
(5)
Suitability for employment
In determining suitability for
employment where there is a record of criminal conviction, consideration shall
be given to such factors as the specific duties of the position, the number of
offenses and circumstances of each, date of conviction, whether the conviction
arose out of employment, the accuracy of the explanation of the nature and
circumstances of the conviction by the applicant, the applicant's explanation
of events, if any, and any evidence of rehabilitation.
(6)
Access to
background investigation results
Individuals who are not offered
employment as a result of a background investigation will be notified of their
rights to dispute inaccurate information in accordance with applicable
law.
(7)
Offer of employment
No candidate for a position shall be
employed until authorization is provided to the hiring department/unit and a
satisfactory background investigation has been completed. Any offer of
employment shall be considered conditional until a background investigation has
been completed and all other pre-employment requirements have been satisfied.
This requirement shall be stated in any offer letter. Even if, prior to
completion of a satisfactory criminal background check, employment is commenced
in derogation of this policy, the university reserves the right to determine
and confirm the employee's suitability for employment and to end any employment
already begun if the background check reveals disqualifying information. In
such instances, the employee shall not be eligible for any advance notice of
separation.
Date: January 1, 2014
Notes
Ohio Admin. Code
3341-5-21
Effective:
3/17/2015
Promulgated Under:
111.15
Statutory
Authority: 3345
Rule Amplifies:
3345
