Human Resources

06:85:00 Criminal Background Check

1. INTRODUCTION
   1. It is the policy of Chattanooga State Community College (College) to hire the best-qualified applicant for any available position. This policy is consistent with our commitment to providing the highest level of quality care and to take reasonable measures to ensure the safety of our students, staff, customers and property.
   2. Prior to implementation, the Human Resources Department will designate an individual(s) within the department to process all background check orders, receive results, and communicate results to applicant/employees where appropriate and to contact the Office of General Counsel with any questions and/or problems.

2. BACKGROUND CHECKS
   1. The College will conduct background checks on all applicants recommended for full-time employment (new hires and rehires) and those in positions/departments that manages sensitive data related to student, financial and employment records.
   2. The College reserves the right to conduct background checks for regular employees of the College, which includes faculty, administrative and support staff. Temporary, seasonal, work study and volunteer appointments will be considered based upon the nature of work duties and interaction with students and minors.  In addition to an initial criminal background check, those that have access to money, security-sensitive areas, and confidential information (student, financial and employment records); and positions that have the capability to create, delete, or alter records, verification may be required as part of the background check for continuing employment when appropriate.
      1. Signatures of the immediate supervisor, Vice President of the Division, and President of the College shall be obtained prior to its execution.

3. NOTIFICATION
   1. The individuals subject to background checks must be made aware of this practice at the earliest possible stage in the process. Appointment of or continued employment in a specified position is contingent upon an acceptable background check, and any written offer of employment must contain notice of this contingency.

4. TYPES OF BACKGROUND CHECKS
   1. The College has determined what types(s) of checks will be required for each position based upon the responsibilities of the position. The human resources office will maintain a list of the types of checks that will be required of the specified positions based upon the responsibilities of the position.

5. FORMS AND PROCEDURES
   1. The immediate supervisor is responsible for ensuring that the Disclosure and Authorization Form required by the Fair Credit Reporting Act (FCRA) is completed and forwarded to the human resources office. No background check may be requested until this form is completed. If the candidate/employee refuses to sign the Disclosure and Authorization Form, no further consideration will be given to this candidate/employee. The third party vendor conducting the background check is required to provide all necessary forms to be used in the process.
   2. The Human Resources office will process the background check request in accordance with the background check agency’s process. The background check will normally process within 3 to 5 business days of receipt of the form (subject to availability of requested records).
   3. Once received, a human resources staff member will review and evaluate the information.

6. DISQUALIFICATION OF CANDIDATE/EMPLOYEE
   1. In all instances where information is obtained that would disqualify the candidate/employee or, make him/her a questionable risk for hire, promotion, reclassification, transfer or continued employment, the Executive Director of Human Resources, in conjunction with the Executive Director of Diversity, Equity and Inclusion and division senior administrator, will discuss the information with the General Counsel to ensure the decision is fair and legal based upon the information.
   2. If the background check contains information upon which it is determined that the candidate/employee does not possess the qualifications or characteristics necessary to perform the duties of the position most effectively or would not be the best candidate to serve the institution in the position, an offer of employment, promotion, reclassification, or transfer should not be made.
   3. Detention and/or arrest without conviction do not constitute valid grounds for employment decisions and cannot play a part in the decision-making process. Only criminal convictions or pleas of “no contest” will be considered in determining candidate’s/employee’s suitability for employment or continued employment. In determining suitability for employment where there is a record of criminal conviction, consideration shall be given to such issues as the specific duties of the position, the number of offenses and circumstances of each, how long ago the conviction occurred, whether the circumstances arose out of an employment situation, and the accuracy of the explanation on the application.
   4. If adverse action is to be taken based in whole or in part on the information obtained from the background check, additional provisions of the FCRA must be followed (Federal Trade Commission - Background Checks).
   5. Prior to taking adverse action, the Human Resources office must provide the candidate/employee with a copy of the background check report, along with a summary of rights. After the adverse action is taken, the candidate/employee must be given an adverse action notice.

7. BACKGROUND CHECK FEES
   1. The background check agency conducting the background check will charge a fee for each check conducted. The total cost of each background check will be charged to the hiring/requesting department’s account.

8. RETENTION OF RESULTS
   1. Background check results on individuals who become employees should be kept in the employees’ personnel file. Background checks on individuals who are not placed in the position should be kept in accordance with application materials.
9. Exceptions
   1. Individuals who believe their applicant/employment rights have been violated may file a complaint with the:

Submitted to Policy Review Committee on February 28, 2021

Submitted to Policy Review Board on March 22, 2021

Approved by Policy Review Board on April 21, 2021