C-220.1 Criminal Charge and Conviction Records Checks

The Human Resources Department is responsible for reviewing the criminal charges and conviction records of final candidates for employment. Pre-employment criminal background checks are completed on all adults recommended for full- and part-time employment with the College. No individual shall be permitted to begin working until the check is completed.

The following process will be followed for criminal charge and conviction records checks:

• All applicants will be advised that the final candidate for, or individual offered, a position must complete a criminal charge and conviction records check as a condition of employment. All final candidates will be provided with necessary disclosures and will provide authorization to complete the criminal charge and conviction records check.

• The College will contract with an agency that provides the information necessary to complete the records check for everyone recommended for employment.

• The Human Resources Department will review state, county, and federal criminal history information as applicable.

Convictions or pending criminal charges will not be an absolute bar to employment. Pending criminal charges and convictions will affect an individual's employment as follows:

PENDING CRIMINAL CHARGE

An individual will not be employed because of a pending criminal charge only if there is a substantial relationship between the circumstances of the pending criminal charge and the circumstances of the job.

CONVICTION

An individual will not be employed because of a conviction only if they have been convicted of a felony, misdemeanor, or other offense whose circumstances substantially relate to the circumstances of the job.

If employment is denied based on the findings of the criminal charge and conviction records check, the College will work with the agency conducting the records check to follow the adverse action process defined by the Fair Credit Reporting Act.

Employees must notify the College promptly of any criminal charges or convictions of felonies, misdemeanors, or noncriminal offenses (other than non-moving violations or moving violations that don’t result in a driver’s license revocation) that occur during their employment with the College. Failure to notify the College may be cause for discipline up to and including termination. The College will determine if there is a need to assign an Employee to administrative leave pending the outcome of an investigation. Per State law, criminal charges or convictions will not be used or considered unless they are substantially related to the circumstances of the job. Unexcused absences from work caused by an arrest or conviction may be a reason for termination. Anyone who leaves employment and returns to employment within 12 months shall, upon return, inform the College of any criminal charges or convictions occurring during the period they were not employed with the College. When an Employee has not worked for more than 12 months, a criminal charge and conviction records check will be completed before the individual returns to employment.

Reasonable measures will be taken to ensure the security and confidentiality of information gathered as part of the criminal charge and conviction records check process. Except as authorized by the individual in writing or as required by law, information collected under this procedure will be disclosed only to college Employees with a business need to know the information.

The Human Resources Department will administer and enforce this procedure. The College will pay for criminal charges and conviction records checks it requests.

Caregiver background checks will also be performed on all applicable Employees (e.g., Health Sciences, Public Safety, and Early Childhood Education).