Criminal Background and Credit Checks Regulation 604

Regulation 604 Approved: February 17, 2011
Criminal Background and Credit Checks Regulation
Regulation 604
Source of Authority: UNC Code § 403
Revision Authority: Board of Trustees
History: First Issued: February 17, 2011
Related Regulation: Criminal Conviction Reporting Regulation 605
Responsible Offices: Human Resources Department
General Counsel
Effective Date: February 17, 2011

I. Purpose

The UNCSA is committed to providing a safe and secure learning and work environment for our students and employees. To that end, it is the policy of UNCSA to conduct criminal background checks on all persons hired, transferred, reassigned, demoted, or promoted into any permanent or temporary SHRA, EHRA or Faculty position. Additionally, it is the policy of UNCSA to conduct credit history checks for prospective and current employees in certain positions

II. Scope

Except as noted below, this regulation applies to all candidates selected for positions who are scheduled to assume their new duties on or after February 19, 2010 and to any current employee who is transferred, reassigned, demoted, or promoted to another position within UNCSA on or after February 19, 2010.

III. Definitions

A. “Convictions” include, but are not limited to, a guilty verdict, guilty plea, prayer for judgment continued, Alford plea, or “no contest” plea.

IV. Regulation

A. Criminal Background Checks

1. A criminal background check will be conducted for all final candidates for searches broader than North Carolina. For searches within North Carolina, a criminal background check will be conducted for only the selected candidate. An offer of employment may be extended to an applicant prior to the completion of the criminal background check, but must be expressly conditional until the appropriate UNCSA officials review the results of criminal background check and make the offer of employment final. Only with the express written consent of the Chancellor may the applicant begin work prior to the satisfactory completion of the criminal background check.

2. UNCSA may conduct a criminal background check or other background review of a current employee if circumstances indicate that criminal activity by this employee may have occurred.

3. A charge or conviction does not automatically disqualify an applicant from employment at UNCSA. The decision will be made on a case by case basis with consideration of the factors listed in the applicable procedure.

4. If an applicant fails to disclose any previous conviction on his/her application, he/she may be disqualified from employment in that position and any other position at UNCSA for falsification of an application.

5. Exclusions

a. Job reclassifications are not actions covered by this regulation.

b. A student who is currently enrolled or who has been accepted to UNCSA as a student is excluded. Employees who are taking classes at UNCSA are not considered students for purposes of the background criminal check.

c. Contract instructors (excluding high school academic faculty) adjunct faculty, and other academic employees assisting faculty (accompanists, etc.) who have previously undergone a pre-employment criminal background check and who subsequently have breaks in service of less than one academic year are exempt from the criminal background check portion of this regulation.

d. Full-time faculty, including high school faculty, hired on one academic year contracts who have worked at UNCSA for three consecutive years and whose criminal history checks reveal no new charges during those three years are exempt from the criminal background check portion of this regulation.

B. Credit History Checks

1. Pre-employment credit history checks will be conducted for all positions with access to, or accountability for, cash, financial assets, or accounts.

2. Current employees who assume these types of duties during the course of employment are also subject to credit history checks.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual


Criminal Background & Credit Check Procedures

Procedure 604

I. Performing the Check

A. When a hiring department reaches the appropriate stage in the hiring process, the department provides the selected candidate(s) with a “Notification and Release” form authorizing a criminal background check to be performed. The hiring department then sends the completed and signed form to Human Resources. Human Resources will submit the request for processing. Refusal to provide a completed and signed “Notification and Release” will eliminate the candidate from consideration for employment.

B. When the investigation is complete, the vendor will submit a report on each applicant to Human Resources.

C. It is expected that the investigation of an applicant will not take longer than three business days to complete, with the exception of international checks.

II. Adverse Results of a Check

A. If a criminal background check generates information of prior criminal activity, the Director of Human Resources, the General Counsel, and the hiring supervisor will together consider the following factors in determining whether a candidate is eligible for employment at UNCSA:

1. the relevance of the charge and/or conviction to the duties and responsibilities of the position for which selected;

2. the nature of the charge(s) and/or conviction(s);

3. the age of the candidate when the illegal activity occurred;

4. the dates of the charge(s) and/or convictions; AND

5. the candidate’s record since the date(s) of the charge(s) and/or conviction(s).

B. If adverse action is contemplated based on information revealed in the criminal background report, the Director of Human Resources will inform the candidate of the criminal background report results and comply with the requirements under the Fair Credit Reporting Act (FCRA) if applicable.

C. If a candidate is eliminated based on information in the criminal background report, the hiring department will begin selection of another candidate.

D. The Director of Human Resources will notify the candidate of the decision and comply with the requirements of the FCRA.

III. Credit Checks. The same procedures outlined above with respect to criminal background checks shall also apply to credit checks.