The Director of Human Resources shall ensure a criminal record check is completed according to the following guidelines:
- A criminal history records check must be completed before a person (including students) may begin employment with VCSU according to NDUS Procedures for SBHE policy 602.3 Job Applicant/Employee Criminal History Background Checks: http://www.ndus.nodak.edu/makers/procedures/NDUS/default.asp?PID=332&SID=58 and any position for which a criminal history background check is determined to be necessary or appropriate.
- 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 for Human Resources; appropriate Vice President; Hiring Authority for the position; and others as deemed necessary will review the record information; chaired by the Director for Human Resources.
- 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 for 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, may consult Legal Counsel and make a recommendation regarding whether the background check information is cause for disqualifying the applicant.
Sponsored by: Human Resources Director
Approved: November 2009
Revised: December 2010
Revised: March 2017