V602.03 VCSU Criminal Records Check Policy
The Director of Human Resources shall ensure a criminal record check is completed according to the following guidelines:
- A criminal history records check or a Federal Bureau of Investigation (FBI)must be completed before a person (including students) may begin employment with VCSU for the following positions:
- Vice Presidents
- Resident hall and apartment manager or director and assistants
- Custodians and other employees with master keys or other means of unsupervised access to residence halls or secure buildings or facilities including locker rooms
- Child care employees and other employees who have unsupervised contact with children
- Employees responsible for or with access to controlled substances and other drugs, explosives or potentially dangerous chemicals and other substances
- Counselors and coaches
- Any position with responsibilities requiring unsupervised access to confidential information
- Any position for which a criminal history background check is determined to be necessary or appropriate
- A nationwide FBI fingerprint-based criminal history background check is required for police officers and security guards prior to employment at VCSU.
- A criminal history records check must, at a minimum, cover all states of residence for the previous 10 years and include a review of current sex offender registries.
- Additional background checks may also include employment verification and degree verification.
- An FBI fingerprint based report may be required at the discretion of the Vice President of Business Affairs, or Vice President of Academic Affairs, or Vice President of Student Affairs, and/or President as authorized in NDUS procedure 602.3.
- A conviction means the result of a trial or other legal proceeding ending in a judgment or determination that a person is guilty of a criminal violation, including a plea of nolo contendere or its equivalent. A record of a conviction does not automatically disqualify an applicant for a position. A criminal record shall be considered, along with other relevant information, to determine whether an applicant is qualified and fit for the position. Consideration shall be given to the nature, severity and frequency of the offense or offenses, when the offense or offenses happened and job duties and responsibilities, with particular attention to whether a criminal conviction has a direct bearing on the individual's ability to fulfill job duties and responsibilities.
- The Director of Human Resources; appropriate Vice President; and the Hiring Authority for the position will review the record information as deemed necessary; chaired by the Director of Human Resources and/or VCSU Safety and Security Assessment Team.
- An individual who knowingly fails to disclose criminal conviction information as required in an application or who makes a false statement in an application shall be disqualified.
- An employee who failed to disclose or made a false statement during the application process may be subject to termination upon verification of falsified information.
- The Director of Human Resources shall certify that a criminal records check has been completed as required by this policy and, if the check reveals any discrepancies or criminal convictions, the Human Resource Director shall consult Legal Counsel and make a recommendation regarding whether the background check information is cause for disqualifying the applicant.
- All information gained through a background check process will be placed in the search file and/or the personnel file of the employee or shredded according to current law.
Sponsored by: Human Resources Director
Approved: November 2009
Revised: December 2010