Criminal Background Checks Policy
Effective Date: July 1, 2011
Board Approval: June 1, 2011
1. Purpose
1.1. To provide for criminal background checks on employees and applicants for employment.
2. References
2.1. Utah Code 53A-3-410(Criminal background checks on school personnel—Notice—Payment of cost—
Request for review).
2.2. Utah Code 53B-1-110 (Higher Education Criminal Background Checks).
3. Definitions
3.1. Applicant. The final applicant offered employment, transfer or promotion, contingent on acceptable
results of a criminal background check and other reviews required for position by the college campus
such as financial/credit checks, degree transcripts or license documentation, or student loan status.
3.2. Background Check. A combined Bureau of Crime Identification (BCI) search of records which includes a nationwide Federal Bureau of Investigation (FBI) check.
3.3. Employee. Any individual who receives compensation for work or services from funds controlled by the College, regardless of the source of the funds, the duties of the position, the amount of compensation paid, or the percent of time worked. Volunteers, independent contractors and other identified in 4.3 are not considered employees.
4. Policy
4.1. Required Background Checks for Applicants. An applicant for any position at the College must submit to a criminal background check as a condition of employment.
4.2. Background Checks for Existing Employees. Background checks must be conducted for all existing
employees of the College.
4.3. Background Checks for Volunteers and Independent Contractors. All volunteers, contracted trainers,
private trainers including customized training instructors at the College who serve in any capacity which
involves significant, unsupervised contact with secondary students, must submit to a criminal background check.
4.4. Written Release of Information. All applicants for employment and employees of the College shall be
required to sign a release form to permit the background check.
4.5. Notice a Background Check has been Requested. If the existing employee does not provide a written and signed release as requested pursuant 4.4, the employee shall receive written notice that the background check has been requested.
4.6. Fingerprint Background Check. The College shall require each applicant of employee subject to a criminal background check under this section to be fingerprinted and consent to a fingerprint background check by the Utah Bureau of Criminal Identification, the Federal Bureau of Investigation or another government or commercial entity.
4.7. Frequency. Employees shall, as a condition of employment, submit to a background check a minimum of once every six (6) years.
4.8. Reasonable Cause. Where reasonable cause exists, the College may require an existing employee tosubmit to a background check. The cost of a “for cause” background check shall be paid by the College as applicable.
4.9. Payment of Costs. Applicants and employees may be responsible for payment of the cost of a
background check.
4.10. Risk Assessment. Based on the convictions disclosed by the criminal background check, the campus president of their designee will assess the overall risk to persons and property and determine what, if any, action is required. Any action taken will be at the sole and absolute discretion of the campus
president as applicable. The risk assessment will include: (1) the number of crimes committed, (2) the
severity of those crimes, (3) the length of time since they were committed, (4) the likelihood of
recidivism, (5) the security sensitivity of the person sought by the applicant or held by the existing
employee, and (6) other factors that may be relevant.
4.11. Opportunity to Respond. If a person is denied employment or subjected to any adverse employment
action because of information obtained in the background check, the person shall receive written notice
of the reasons for the action and shall be provided opportunity to respond under applicable policy
provisions.
4.12. Financial/Credit Check. If an applicant is applying for, or an employee holds, a security sensitive position with access to sensitive personal information or financial responsibilities over the funds of the college campus or others, the campus president or his/her designee may require an additional financial/credit check to be performed.
4.13. Degree Transcripts or License Documentation. If the position requires a degree or license, the college may obtain a copy of the applicant’s degree transcripts or license documentation.
4.14. Student Loan Status. If an applicant or employee has a student loan, he college may check on the loan status. The college may deny employment or take adverse employment action if the applicant or
employee has a delinquent or defaulted student loan.
4.15. Reports of Arrest and Court Action-Personal Reporting Arrest.
4.15.1. An employee who is arrested for the following alleged offenses shall report the arrest as soon as possible or within 48 hours to the employee’s immediate supervisor:
a) Any matters involving arrests for alleged sex offenses;
b) Any matters involving arrests for alleged drug-related offenses;
c) Any matters involving arrests for alleged alcohol-related offenses;
d) Any matters involving arrest for alleged offenses against the person under Title 76, Chapter 5, Offenses against the Person.
4.15.2. An employee shall report, to their immediate supervisor, convictions, including pleas in
abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of conviction, plea in abeyance or diversion agreement.
4.15.3. The immediate supervisor shall report offense information received from the employee as soon as reasonably possible to the President.
4.15.4. The employee shall report for work following the arrest and notice to the supervisor unless
directed not to report for work by the supervisor.
4.16. Review, Investigate, and Suspension
4.16.1. The president or their designee as applicable in cooperation with the employee’s immediate
supervisor shall review arrest information and:
a) Assess the employment status of the employee
b) Determine appropriate employment action.
c) In cases which involve alleged sex offenses or other charges which may endanger students, the employee shall be suspended during the period of investigation.
d) An employee who is terminated or receives an adverse employment action as a result of
information concerning arrest or court action shall be given appropriate due process based on college policy.
4.17. Limitation on the Use of Information. The information contained in the criminal history background
check will be available only to those persons involved in making employment decisions or performing
background investigation, and information will be used only for the purpose of making an employment or promotion decision