Ohio Admin. Code 3364-25-47 - Criminal background check
(A) Purpose of policy
The university of Toledo is
committed to providing a safe and secure environment for its faculty, staff,
residents, students, volunteers, patients and visitors. The university will
take reasonable steps to ensure hiring decisions effectively contribute to
lessening unnecessary risk in support of its academic, clinical, and research
mission.
The university of Toledo will conduct criminal background
checks on all final candidates
(B)
Purpose of policy
(C)
Regulations
(1) Background checks will be
conducted for:
(a All non-student appointees
and final candidates under consideration for regular full-time / part-time
faculty, staff, residents, or other hire,
temporary, and/or contingent positions.
(b) All volunteers and
select students that are final candidates for
positions that involve security sensitive responsibilities including but not
limited to, the following:
(i) Responsibility
for care of children or minors, such as child care workers, camp counselors,
etc. in compliance with all applicable laws, regulations and standards
and rule
3364-10-17 of
the Administrative Code (minors on campus) .
(ii) Care of patients in health care settings
such as hospitals, dental clinics, clinics, mental health facilities, etc in
compliance with all applicable laws, regulations and standards.
(iii) Access to "select agents and toxins,"
or "controlled substances" as defined under state and federal law.
(iv) Access to master keys, electronic
access, or key access to residences and areas requiring a high level of
security, such as those that store controlled substances or money, research
facilities, etc.
(v) Entrustment of
university vehicles when proof of a valid driver's license is a job
requirement.
(vi) Students hired
into supervisory, resident hall, or teaching responsibilities involving
unsupervised, direct contact with students.
(vii) Public safety enforcement
support
(viii) Access to
student/employee personally identifiable information including but not limited
to access to the human resources information system.
(ix) Handling of financial matters; can be
limited to those positions with approval authority or access above a set dollar
amount.
(c) When an
employee has been removed/separated/terminated from employment and is offered a
position/rehired regardless of length of time off the system. Exceptions to
this requirement include part-time faculty and student employees, including
graduate assistants, with access to restricted institutional data. These
employees are required to have a background check upon return if the break in
service is more than twelve months.
(d) When employees are subject to motor
vehicle driver history checks to ensure that their licenses are current and/or
without excessive violations.
(e)
When the appointing authority learns of a final conviction or a misdemeanor,
felony or other offense of moral turpitude that adversely affects the ability
to perform the job or has an adverse effect on the university if employment is
continued; or
(f) When required by
federal law, Ohio Revised Code laws, Ohio Administrative Code rules, or the
university of Toledo policy.
(2) Types of background checks conducted may
include:
(a) Criminal records - county
criminal felony and misdemeanor, state criminal felony and misdemeanor in each
place an applicant resided.
(b)
National sexual offender registry search - where required by any state or
federal law or agency regulations or rules.
(c) Fingerprint background checks - where
required by any state or federal law or agency regulations or rules.
A criminal records check may be conducted by the bureau of criminal identification and investigation ("BCII") and, if the prospective employee does not demonstrate Ohio residency for the proceeding five years, by the federal bureau of investigation ("FBI") on all employees, volunteers and student interns serving children or adolescents in the outpatient behavioral health setting.
(3) All offers are contingent upon successful
completion of the background check. All offers of employment, oral or written,
must include a statement as follows: "This offer is contingent on the
university's verification of credentials and other information required by law
and/or university policies including but not limited to a criminal background
check."
(4) The university may
refuse to hire the finalist or may rescind an offer of employment to a finalist
that has not successfully completed the background check process.
(5) The background authorization to release
information form must be used for any background check performed by a third
party vendor.
(D)
Assessment of criminal background check information Background checks will be
assessed on the relevancy of the candidate's criminal history to the position
the candidate is seeking using the following principles:
(1) Only convictions will be taken into
account when reviewing a final candidate's criminal history. An arrest without
a conviction in a closed case will not be considered. Expunged records must not
be considered when making a determination of a candidate's
eligibility.
(2) Open criminal
cases may preclude a final candidate from eligibility for employment depending
on the relevancy of the charge to the job responsibilities.
(3) Negative information will be evaluated by
considering factors such as:
(a) The nature
of the criminal act
(b) The
frequency of the criminal acts
(c)
The time since the last conviction
(d) The time between convictions
(e) The relevancy to the job
(4) Any prospective employee,
volunteer or student intern serving children or adolescents in the outpatient
behavioral health setting shall not have pleaded guilty to or been convicted of
any off the offenses listed in paragraph (I) of rule
5101:2-5-09
of the Administrative Code. Any prospective employee, adult volunteer or
student intern serving children or adolescents in the outpatient behavioral
health setting convicted of or who has pled guilty to an offense listed in
paragraph (I) of rule
5101:2-5-09
of the Administrative Code may be hired by a provider if the conditions as
provided in paragraph (H) of rule
5101:2-5-09
of the Administrative Code have been met.
(E) Adverse action notification procedures as
required under the Fair Credit Reporting Act ("FCRA") - in order to comply with
the federal statutory requirements under "FCRA," the following two letters will
be sent out to applicants when any information contained in the background
investigation report could result in the withdrawal of the conditional offer of
employment.
(1) First adverse action notice
letter - this letter will be sent out immediately along with two attachments
(a) copy of the background report and (b) a copy of the summary of "Your Rights
Under the Fair Credit Reporting Act." Candidate will be allowed to explain the
results and provide clarifying information within five business days from date
of letter.
(2) After review of the
supplemental information submitted by the candidate, the final decision to
withdraw the conditional offer of employment will be made by human
resources/provost/faculty affairs in consultation with the university's legal
counsel and/or the university of Toledo police department as needed and in
accordance with the provisions of this policy. This decision will be based in
whole or in part on the adverse information received.
(3) Second adverse action notice letter -
this letter will be sent out if the final decision is to withdraw the
conditional offer of employment along with a copy of the summary of "Your
Rights Under the Fair Credit Reporting Act."
(F) Background check records
(1) Candidates not hired due to information
revealed on a criminal background check conducted by a third party vendor, must
be provided with a copy of the results and the name and contact information of
the agency used. Candidates must also be informed that the university made the
decision not the agency. Candidates will be informed of their rights to dispute
information contained in the report and the right to require an additional free
copy of the report within sixty days.
(2) To the extent possible, all information
received in connection with the criminal background check process will be
treated as confidential except when disclosure is necessary.
(3) For information pertaining to the
retention of criminal background check results refer to the university archive
records retention schedule.
Notes
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates: 07/01/2016, 11/02/2018
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