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Criminal Background Check

Policy
Purpose: 

In compliance with Kansas Board of Regents policy, the University of Kansas background check program is conducted to facilitate employment decisions that are in the best interest of University students, employees, resources and overall mission statement.

Applies to: 

Newly hired or rehired (after a break in service of one year or longer) faculty and staff appointed to regular or temporary positions, current or newly hired faculty/staff appointed to “serve at the pleasure of” positions, lecturer appointments (temporary or regular), limited-term appointments, and salaried student appointments.

Student hourly positions will be subject to a State of Kansas sexual offender registry check prior to hire. However, full background checks may be conducted for student hourly appointments at the discretion of the hiring department. Full background checks are encouraged for positions with job responsibilities that include direct contact with students, broad access to campus facilities, or monetary/credit card transactions.

Student hourly positions that include working with non-KU-student minors are required to have a full background check. Such positions include, but are not limited to, tutors in public schools and summer camp counselors.

Campus: 
Lawrence
Policy Statement: 

In accordance with Kansas Board of Regents policy on Background checks (II.C.2.b.iv), the University of Kansas, Lawrence campus will conduct criminal background checks. Background checks will be coordinated by Human Resources (HR). This policy does not preclude other verifications as required by federal or state law or University policy for specific positions or if circumstances indicate a need for a criminal background check. Certain departments (e.g., University Public Safety) require extensive background checks as a prerequisite of employment. These checks will be considered as satisfactory in meeting the terms and conditions outlined in this policy.

This policy complies with the provisions of the Fair Credit Reporting Act (FCRA), which requires notice to candidates regarding any history of convictions and provision of the opportunity for candidates to respond to the prospective employer regarding those convictions. In addition, upon conclusion of the review, notice will be sent to the candidate regarding the employer’s decision of employment eligibility.

Candidates for faculty, staff, and student positions as identified above will be informed at the time of application or appointment that employment is contingent upon the completion of the background check and favorable KU administrative review. Content of the background check will include, at minimum, information about felonies and misdemeanors (excluding minor traffic violations) at locations of current and past residences, a social security trace with address locator, a criminal history check in county and state records for a minimum period of seven years, activity reported on the federal criminal history database, and a check against the National Sexual Offender Registry.

Failure to disclose criminal convictions during the application or background check process may result in disqualification for employment, withdrawal of the job offer, or termination.

Upon acceptance of the verbal offer, candidates will be contacted electronically by a third party vendor to complete a consent form and agree to the terms outlined therein in order to begin the background check process. Failure to complete the on-line consent form within 10 business days after the date of hire may be cause for the employer to revoke the employment offer. All University offer letters, contracts, and/or intent forms will contain the applicable language stating that employment is contingent upon the outcome of the background check process.

A criminal record will not automatically disqualify a candidate from University employment. HR, in consultation with the General Counsel’s Office and the Office of the Provost, will review the nature and seriousness of the candidate’s offense in relationship to the job requirements and related responsibilities of the position and also will consider the individual’s rehabilitation record, including subsequent employment after conviction, conduct, and/or additional criminal activity.

If the outcome of the background check disqualifies the candidate from employment, the appropriate hiring department will be notified. Deans, Vice Provosts, or Directors may appeal the disqualification to the Provost. However, the disqualification is not subject to appeal by the candidate.

Documents relating to the background check process will be maintained in a secure, confidential manner. Information regarding the review will be shared only with those responsible for the hiring decision and with administrators on a need-to-know basis.

Campus departments are responsible for expenses related to background checks.

Exclusions or Special Circumstances: 

Background checks conducted by Federal Homeland Security for international, non-citizen job candidates as part of the visa process will be considered adequate for University purposes only if KU is the candidate’s first U.S. employer upon securing the work visa. International job candidates transferring their existing visas from an alternate U.S. based employer, institution, etc. or those residing within the U.S. for 30 days or longer will be required to have a background check.

Consequences: 

Providing false or incomplete information at any step during the hiring process may result in the candidate’s disqualification for employment, withdrawal of the job offer, or termination.

Contingent offers of employment will be withdrawn if the results of the background check are deemed to disqualify the candidate for employment.

Contact: 

Ola Faucher
Director of Human Resources
785-864-7411
ofaucher@ku.edu

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Friday, August 15, 2008
Effective on: 
Monday, September 1, 2008
Review Cycle: 
Annual (As Needed)
Definitions: 

Rehired Faculty and Staff: Anyone rehired after a break in service of one year or more.

Salaried Student Employees: Graduate Teaching Assistants (GTAs), Graduate Research Assistants (GRAs); Graduate Assistants (GAs); Student Housing Assistant Complex Directors, Scholarship Hall Directors, Resident Assistants and Proctors (Student Assistants).

Serve at the Pleasure: A designation that an employee’s administrative appointment may be terminated without advance notice. Such designations typically are reserved for higher level administrative positions appointed by the Chancellor, Provost/Executive Vice Chancellor, Vice Provost, Dean, etc.

Job Responsibilities for Discretionary Background Check: At departmental discretion, background checks may be required for student hourly employees if responsibilities include residence hall work, classroom instruction, tutoring, and/or custodial work.

Minor: Non-KU student under the age of 18.

Keywords: 
Criminal, criminal background check, background check, sexual offender, employment, offense, criminal records, criminal activity, campus safety
Review, Approval & Change History: 

02/21/2017: Fixed broken link to Board of Regents Policy Manual. Removed links from Related Procedures section. 

04/02/2015: Fixed broken link to Board of Regents Policy Manual.

12/17/2014: Fixed link to Board of Regents Policy Manual.

11/08/2014: Added link to Board of Regents policy that provides the basis for this policy.

10/20/2014: Policy formatting cleanup (e.g., bolding, spacing).

11/18/2013: Purpose statement revised to reflect the requirement that certain student hourly employees must have a background check.

06/21/2011: Updates approved by the Vice Provost for Administration and Finance.

08/15/2008: Approved by the Provost and Executive Vice Chancellor.

Operational Categories: 
Health & Safety
Personnel: Faculty/Academic Staff Categories: 
Hiring
Recruitment
Workplace Rules & Guidelines
Personnel: Staff Categories: 
Hiring
Recruitment
Workplace Rules & Guidelines
Personnel: Student Employees Categories: 
Hiring
Recruitment
Workplace Rules & Guidelines

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