Criminal History Investigation
Date of Current Revision: September 2007
Responsible Officer: Director of Human Resources
Secondary Officer: Director of Public Safety
- PURPOSE
This policy is intended to protect the university’s interests and the well being of its students, staff, faculty, and the public. This policy establishes parameters for criminal history checks on individuals who are offered employment at the university. Convictions disclosed or discovered in the employment process may influence the selection of the applicant where the conviction is job-related. - AUTHORITY
The Board of Visitors has the authority to enact personnel policies for all university employees. Where the board has not exercised this authority, it is delegated to the president. - DEFINITIONS
Conviction:
The result of a trial or legal proceeding that ends in judgment or sentence that the person is guilty of a criminal violation.
Crime:
The breach of a legal duty, punishable by a penal statute, whether federal, state, or local.
Criminal Records Check:
A review of the potential employee’s or employee’s record of criminal convictions and traffic violations. - APPLICABILITY
This policy applies to all university employees unless otherwise noted. - POLICY
5.1 Criminal Records Checks
All newly hired or rehired (after leaving the employ of the university for more than 120 days) full-time and part-time employees will undergo a criminal history record check. The provisions of this policy also apply to temporary wage positions that are exempted from the normal recruitment process.
5.2 Falsification of Information
The determination of falsified criminal history information on the application or in the hiring process will normally result in denial or forfeiture of university employment.
5.3 Individuals Identified as Potentially Having Job-Related Criminal Histories
A criminal history check may also be conducted for individual employees who have disclosed potentially job-related criminal histories after being hired, or who have been reported as potentially having job-related criminal histories by any source after being hired.
5.4 Job Application/Interview
The state application for employment used by the university requires an applicant to describe any convictions for legal violation(s), including moving traffic violations. The application form includes a statement certified by the applicant as to the truthfulness of the report.
It is acceptable and appropriate to inquire about convictions, but not arrests, during the interview process. Hiring officials should review the conviction statements on the employment application of interviewed candidates and should inquire about any reported convictions during the interview. Any information about reported convictions, as well as any information about falsification of information, should be communicated to the HR Service Center for further investigation and appropriate action.
Individuals who do not disclose all required convictions on the application will normally be denied employment for falsification of the application. Convictions disclosed on the application or during the employment process will be considered in the selection decision if they have been determined to be related to the job.
5.5 Additional Background Investigations
The university reserves the right to conduct criminal background investigations when an employee is charged with any crime that reflects on his/her suitability for continued employment, during the course of an administrative investigation, when the employee is transferred or hired into a new position, or when circumstances are identified that warrant further investigation. - PROCEDURES
6.1 Communication of Policy
The provisions of the criminal history check policy will be communicated to applicants and employees using the following methods:- Application materials provided to all applicants.
- Departmental employment interviews.
- Departmental employment letters of offer.
6.2 Initiating the Criminal History Check
The selected candidate must complete a release form as soon as an offer of employment is made. The HR Service Center will contact the department with the results to set up a consultation if the investigation reveals a criminal history record.
The university reserves the right to conduct checks on the widest scope possible. Normally, criminal history investigations will include county checks for all counties the employees has lived in over the past 5 years. The university will also review the sexual offender registry as well as other appropriate sources of background information.
Any information related to criminal history will be maintained in the strictest confidence possible. Only essential personnel involved in the hiring process (including the administrative line up to the President), the individuals involved in the assessment of job-relatedness, and the police and audit departments should be informed of information on criminal background of an individual employee or applicant on a need-to-know basis.
6.3 Determination of Job-related Convictions
The HR Service Center will initially review the criminal history records to determine job relatedness. If the individual has convictions that are job-related, the university will normally deny employment. The determination to deny employment to the selected candidate will be made by the hiring authority, in consultation with Human Resources, and the administrative line, up to and including the President, in accordance with the policy. A decision to hire an applicant with a job-related conviction requires the approval of the appropriate Vice President.
In making the determination of job-relatedness, the hiring department will consider how recently the conviction occurred; the frequency and severity of the crime(s); and the age of the individual at the time the crime was committed. The safety and security of the campus and the members of the campus community will be the university’s foremost consideration.
6.4 Preliminary Offers
Departments may make an offer to the selected candidate; however, the offer is contingent on the results of the criminal history check. The HR Service Center will contact the department with the results of the criminal history check as soon as possible if a job-related record is discovered. In some cases, the offer of the position will be delayed until the results of the checks are received.
If the employee commences work before the results of the criminal history check have been received, the welcome letter will note that the continuation of employment is contingent upon the results of the check.
6.5 References
JMU Policy 1320 provides more information regarding the hiring of classified and wage employees, including the university’s policy on reference checks. JMU Policy 2101 provides more detailed information regarding the hiring of faculty. - RESPONSIBILITIES
Hiring supervisors are responsible for adherence to this policy, including communicating it clearly to job candidates.
The HR Service Center is responsible for the management of this policy, including overseeing the background check process and reporting results. - SANCTIONS
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination. - EXCLUSIONS
Criminal history checks will not be conducted on:- Any individual whose primary role at the university is student employment.
- Any individuals who are hired to work five days or less.
- Student employees
- Graduate assistants
- Affiliates
- INTERPRETATION
Authority to interpret this policy rests with the president but is delegated to the Director of Human Resources.
Approved by the President: July, 2004
Index Terms
Background checks
Criminal history checks