2010 background check 101 [compatibility mode]

Criminal Background Checks for Higher Education

Background Check 101

Criminal Background Checks for Higher Education

Presentation Outline

• Overview of Crime on Campus

• Types of Checks– Use of Internet to Augment Check?

• Who Should be Checked

• Legal Issues:– Criminal Background Check (CBC) Compliance Requirements

– Federal, State and Civil Legislation On CBCs

• Discussion

• “Best Practices”: Comprehensive University CBC Management Policy– Policy & Protocol Development

– Liability Issues

– “Positive” Results Delivery Processes

Presentation Outline

Use of Internet to Augment Check?

Criminal Background Check (CBC) Compliance Requirements

Federal, State and Civil Legislation On CBCs

“Best Practices”: Comprehensive University CBC Management

“Positive” Results Delivery Processes

Are Universities at Risk?

• 2010: University of Alabama Huntsville: injures 3 others

• 2009: University of Georgia: Professor

• 2009: Virginia Tech: PhD Student kills Another in Campus Café

• 2008 University of Washington: Staff

• 2008 University of Iowa: Professor Commits Suicide after Accusations of Sexual Misconduct

• 2008 University of Georgia: Professor

• 2008 Louisiana Technical College: Student• 2008 Louisiana Technical College: StudentSelf

• 2008 Northern Illinois University: Former then Self

• 2007 Virginia Tech University: Student

• 2007 University of South Florida: Graduate Assistantafter being caught with bomb making equipment in car after a traffic stop.

• 2007 University of Washington: Gunman kills staff member and then kills self.

Are Universities at Risk?

University of Alabama Huntsville: Professor kills 3 professors and

Professor kills 3 in off-campus theater

kills Another in Campus Café

Staff Member Immolates Himself on Campus

Commits Suicide after Accusations of

Professor accused of sexually harassing students

Student Kills Two Classmates and then Student Kills Two Classmates and then

Former Graduate Student Murders 5 and

Student murders 32 fellow Students & Faculty

Graduate Assistant Charged with terrorism after being caught with bomb making equipment in car after a traffic stop.

Gunman kills staff member and then kills self.

Total Crime Statistics on University Campuses: 2006-2008*

Crime Categories 2006

Murder / Non-Negligent Manslaughter

25

Negligent Manslaughter 0

Forcible Sex Offense 3,490

Non-Forcible Sex 56Non-Forcible Sex Offense

56

Robbery 4,921

Aggravated Assault 5,472

Burglary 35,124

Motor Vehicle Theft 9,811

Arson 1,086

Total 59,985

*http://www.fbi.gov/publications/campus/campus.pdf

Total Crime Statistics on University

2007 2008

66 55

8 5

3,482 3,287

62 4962 49

4,985 4,562

5,234 5,026

33,010 31,851

8,744 7,465

915 825

56,506 53,125

*http://www.fbi.gov/publications/campus/campus.pdf

The Cost of Risk� Financial*:

� Financial Matters:� Breach of Contract:� Retaliation:� Negligence:� Child Abuse & Molestation:� Defamation:� Sexual Assault/Harassment:� Sexual Assault/Harassment:� Discrimination:� Tenure:

� Non-Financial:

� Reputation� Publicity� Reduced Enrollment� Reduced Donations� Reduced Legislative Support

* 2008, Demchak, Smith & Varady, “Emerging Trends in Litigation and Dispute Resolution”, 29th Annual National Conference on Law Higher Education

$500,000 to $555 Million $33 Million$725,000 to $19.1 Million $240,000 to $19 Million $175,000 to $4.6 Million $3.5 Million $1.1 to $2.85 Million $1.1 to $2.85 Million $200,000 to $2 Million $205,000 to $600,000

* 2008, Demchak, Smith & Varady, “Emerging Trends in Litigation and Dispute Resolution”, 29th Annual National

Types of Checks

• Consumer Report- Includes any Information Provided by a Consumer Reporting Agency (CRA) Bearing on a Consumer’s Credit Worthiness, Credit Standing, Credit Capacity, Character, General Reputation, Personal Characteristics or Mode of Living used to Determine Eligibility for Credit, Insurance, & Employment among other Conditions.among other Conditions.

• Investigative Consumer Report Consumer’s Character, General Reputation, Personal Characteristics or Mode of Living Obtained through Personal Interviews with Neighbors, Friends and Associates must Be Verified with Actual Source of Information not from hearsay.

Includes any Information Provided by a Consumer Reporting Agency (CRA) Bearing on a Consumer’s Credit Worthiness, Credit Standing, Credit Capacity, Character, General Reputation, Personal Characteristics or Mode of Living used to Determine Eligibility for Credit, Insurance, & Employment

Investigative Consumer Report –Includes any Information on a Consumer’s Character, General Reputation, Personal Characteristics or Mode of Living Obtained through Personal Interviews with Neighbors, Friends and Associates – Information must Be Verified with Actual Source of Information not from

Types of Checks

• Consumer Report- Includes the Following Possible Checks:– Criminal Background Check

• Federal Criminal Database Checks• State Database Checks• County-Level Courthouse Checks• Sex Offender Registry Checks• International Criminal Background Checks• International Criminal Background Checks

– Civil Litigation Check– Credit Check– Motor Vehicle Check– Employment Check– Educational and Professional Credential Checks– Reference Checks– Drug Tests– Reputation and Personality Checks

Includes the Following Possible Checks:

Federal Criminal Database Checks

International Criminal Background ChecksInternational Criminal Background Checks

Educational and Professional Credential Checks

Reputation and Personality Checks

Types of Checks

• Investigative Consumer ReportChecks:– Interviews with Friends, Neighbors or Associates of the Consumer

Conducted by Telephone or In person– FCRA seems to allow Information obtained through Internet (Facebook,

MySpace, Google, etc.) as long as that information is verified through the source of the data. However many use these sites because of claims of discrimination against protected groups source of the data. However many use these sites because of claims of discrimination against protected groups of employees.

• If information is used for rejecting cacandidate was rejected is going to be needed that highlights reasons other than we didn’t like the “way they looked” on their Facebook/MySpace page.

• Germany just passed law disallowing use of information on social networking sites to be used as an evaluation tool for employment purposes. May be a precursor of things to come here in US.

– Cannot include Factual Information Directly from Creditor of the Consumer or from the Consumer.

Investigative Consumer Report- Includes the Following Possible

Interviews with Friends, Neighbors or Associates of the Consumer –Can be Conducted by Telephone or In personFCRA seems to allow Information obtained through Internet (Facebook, MySpace, Google, etc.) as long as that information is verified through the

y lawyers are encouraging employers not to use these sites because of claims of discrimination against protected groups

y lawyers are encouraging employers not to use these sites because of claims of discrimination against protected groups

candidate then legitimate documentation of why candidate was rejected is going to be needed that highlights reasons other than we didn’t like the “way they looked” on their Facebook/MySpace page.Germany just passed law disallowing use of information on social networking sites to be used as an evaluation tool for employment purposes. May be a precursor of things to come here in US.

n on a Consumer’s Credit Record Obtained Directly from Creditor of the Consumer or from the Consumer.

What is Required to Conduct Background Check for New Hires?

• According to the Fair Credit RepoEmployment must submit to the Background Check by Signing a Consent Form

• Employment Offer made Contingent Upon the Acceptance of the Results of a Background Check Procedure.

• Many Universities are now Requi• Many Universities are now Requiany Criminal History as Part of the Application Process– This provides possible grounds for dismissal of employee if Background

Check is Performed later on and a Cin Time

• Universities can Gather their own Information for Employment Purposes without Having Consent Forms Executed– Issue then becomes what Policies and Procedures does University have in

Place to Handle “Positive” Results of the Investigation

What is Required to Conduct Background Check for New Hires?

porting Act (FCRA), an Applicant for Employment must submit to the Background Check by Signing a

Employment Offer made Contingent Upon the Acceptance of the Results of a Background Check Procedure.

uiring Candidates to Self Disclose to uiring Candidates to Self Disclose to any Criminal History as Part of the Application Process

This provides possible grounds for dismissal of employee if Background a Criminal History is Uncovered at that Point

Universities can Gather their own Information for Employment Purposes without Having Consent Forms Executed

Issue then becomes what Policies and Procedures does University have in Place to Handle “Positive” Results of the Investigation

Who Should be Checked? Faculty & Staff

• All States Require Criminal BackgroundNew Hires such as Police Officers, Child Care Workers, Medical Professionals, etc.

• Many States are now Requiring CBCs on all Regardless of Position – Duty is to Provide Reasonable Background Checks on all New Hires

• The Term “Reasonable” is Open to Interpretation; Some Schools Engage in much more Aggressive Checks than Othersmuch more Aggressive Checks than Others

• Finally, Many Universities have Policies to Check all Transfer or are Promoted to New Positions within the University.

• No Consistent Policies on how to Handle from University on Regular Basis (i.e. Adjunct Faculty Positions)

• Policies on Volunteer Positions are also Fairly Underdeveloped as well. • University Vendors are Often Required to Perform CBCs on their own

Employees as Part of their Contract with University • Most Universities Do Not Have Policies

Regardless of Positions Held.

Who Should be Checked? Faculty &

nd Checks (CBCs) on Certain Categories of such as Police Officers, Child Care Workers, Medical Professionals,

Many States are now Requiring CBCs on all New Hires within Higher Education Duty is to Provide Reasonable Background Checks on

is Open to Interpretation; Some Schools Engage in much more Aggressive Checks than Othersmuch more Aggressive Checks than OthersFinally, Many Universities have Policies to Check all Existing Employees who Transfer or are Promoted to New Positions within the University.No Consistent Policies on how to Handle Contract Employees who Separate from University on Regular Basis (i.e. Adjunct Faculty Positions)

are also Fairly Underdeveloped as well. are Often Required to Perform CBCs on their own

Employees as Part of their Contract with University Do Not Have Policies to Recheck all Employees Regularly

Who Should be Checked? Students

• What About Undergraduate Students– Student Employees – Currently, Few Universities Perform Comprehensive

CBCs on Student Employees but Increasingly these Policies are Changing because of Liability Concerns

– Incoming Students – Generally, Universities are Not Conducting Checks on Incoming Students

• Conducting CBCs on Incoming Students, of traditional college age, would reveal very little because Juvenile Records are Sealedvery little because Juvenile Records are Sealed

• Trend is Shifting to Conducting Checks on Accuracy of Information Included on Applications such as Volunteer and Employment History, Achievements and Awards, etc.

• Applications are Asking Students to SelfApplication)

• Residence Hall Directors are increasingly concerned about whether checks should be conducted

• Universities are running checks on of campus officials due to some type of incident.

Who Should be Checked? Students

Undergraduate Students?Currently, Few Universities Perform Comprehensive

CBCs on Student Employees but Increasingly these Policies are Changing

Generally, Universities are Not Conducting Checks on

Conducting CBCs on Incoming Students, of traditional college age, would reveal very little because Juvenile Records are Sealedvery little because Juvenile Records are SealedTrend is Shifting to Conducting Checks on Accuracy of Information Included on Applications such as Volunteer and Employment History, Achievements and

Applications are Asking Students to Self-Disclose Criminal Past (i.e. Common

Residence Hall Directors are increasingly concerned about whether checks

n problem students once they come to attention of campus officials due to some type of incident.

Who should be Checked? Graduate Students

• What are Universities Checking with respect to Students?– Graduate Students – Generall

Criminal Checks on Graduate Students Domestic

• These students are often employed by the university as Teaching Assistants so they are in the Cla

• These students are often employed by the university as Teaching Assistants so they are in the Clato the University

• Applications are now Asking Students to Self– The University then needs a Policy for How to Handle “Positive” results

• Foreign Students Do Not undergo Criminal Checks prior to arrival in United States.

– Visa Process only checks Identification against Terrorists Lists. Does not Provide for a Check against anStudent’s Country of Origin.

– Visa Process Does Ask Applicant to Self

Who should be Checked? Graduate

What are Universities Checking with respect to Graduate

rally, Universities are Not Conducting Graduate Students whether Foreign or

These students are often employed by the university as Teaching lassroom and therefore represent a liability

These students are often employed by the university as Teaching lassroom and therefore represent a liability

Applications are now Asking Students to Self-Disclose Criminal PastThe University then needs a Policy for How to Handle “Positive” results

undergo Criminal Checks prior to arrival in

Visa Process only checks Identification against Terrorists Lists. Does not any Possible Criminal Records that may exist in

Visa Process Does Ask Applicant to Self-Disclose Criminal Past.

What Type of Records Should be Checked?

• Criminal Background Check Categories of Employees

• FBI Check is most comprehensive because it covers both 50 state level and federal crimes databases but is often time consuming in nature

• National Databases are fast & inexpensive but are often not considered comprehensive

• County Courthouse Check is Co• County Courthouse Check is Cobut is also more expensive than national databases and can be time consuming due to access issues at county courthouses

• Federal Checks-Checks for Federal records (such as kidnapping) that would not be available through county or state level checks.

• Sex Offender Registry Checks –Checks Conducted because Sex Offender Data is often separated out from regular Criminal History beof Minors Contained in the Reports

• International Criminal Background Checks Most Universities Assume that Department of State (DOS) and Immigration & Naturalization Service (INS) have done the Background Checks Prior to Arrival

What Type of Records Should be

Criminal Background Check – Should be Checked for all

FBI Check is most comprehensive because it covers both 50 state level and federal crimes databases but is often time consuming in natureNational Databases are fast & inexpensive but are often not considered

Considered most Accurate for state charges Considered most Accurate for state charges but is also more expensive than national databases and can be time consuming due to access issues at county courthouses

Checks for Federal records (such as kidnapping) that would not be available through county or state level checks.

– Should be included in all Criminal Checks Conducted because Sex Offender Data is often separated out

because of Concerns due to Privacy Issues of Minors Contained in the ReportsInternational Criminal Background Checks – Rarely Performed because Most Universities Assume that Department of State (DOS) and Immigration & Naturalization Service (INS) have done the Background

What Type of Records Should be Checked?

• Civil Litigation Check - Rarely performed except for High Level Hires

• Credit Check – Often Done on Positions Involving the Handling of Cash and Personal Data

• Motor Vehicle Check – Typically only done for Employees who regularly will Operate a University Vehicle during Conduct of Job Responsibilities (I.e. Coach, Groundskeepers, Maintenance Responsibilities (I.e. Coach, Groundskeepers, Maintenance Personnel, Police Officers)

• Employment, Educational and Professional Credential Checks Rarely Performed for any Category of Employee

• Professional Reference Checks –– Personal Reputation Checks – Rarely Performed

• Drug Tests – Rarely Performed foall Employees Responsible for Operating University Vehicles

• “Character” Checks – Rarely Performed

What Type of Records Should be

Rarely performed except for High Level

Often Done on Positions Involving the Handling of

Typically only done for Employees who regularly will Operate a University Vehicle during Conduct of Job Responsibilities (I.e. Coach, Groundskeepers, Maintenance Responsibilities (I.e. Coach, Groundskeepers, Maintenance

Employment, Educational and Professional Credential Checks –Rarely Performed for any Category of Employee

– Rarely PerformedRarely Performed

for any Employee but Suggested for all Employees Responsible for Operating University Vehicles

Rarely Performed

Okay….Now What Do We Do?

• Checks Generate “Positive” Results so what Can Universities Do?– FCRA Mandates Types of Records that

used to Deny Employment such as Arrests, Expunged or Sealed Records.or Sealed Records.

– Usually, Only Convictions Employment and then not all Convictions are Created Equal

• Extra Considerations are Often Given to Include Expected Job Duties of Potential Appthe Offense and the Accuracy of Employment Application


Checks Generate “Positive” Results so what Can

FCRA Mandates Types of Records that Cannot be used to Deny Employment such as Arrests, Expunged

Convictions can be used to Deny Employment and then not all Convictions are Created

Extra Considerations are Often Given to Include Expected pplicant, Dates of Offense, Nature of

the Offense and the Accuracy of Employment Application


• Checks Generate “Positive” Results so what Can Universities Do?– Develop a Consistent Policy for How to Handle these

Results

– As long as Self-Disclosed, Allow Applicant to Explain – As long as Self-Disclosed, Allow Applicant to Explain Details of the Record(s) Found Rather than Engage in Automatic Termination

– Convene a Standing Committee of Representative University Personnel to review all “Positive” CBC Results to Ensure Consistency and Fairness in Handling of Individual Cases


Checks Generate “Positive” Results so what Can

Develop a Consistent Policy for How to Handle these

Disclosed, Allow Applicant to Explain Disclosed, Allow Applicant to Explain Details of the Record(s) Found Rather than Engage in

Convene a Standing Committee of Representative University Personnel to review all “Positive” CBC Results to Ensure Consistency and Fairness in Handling of Individual Cases

“Watch List” Alert

• There is Little a University can doCBC has Been Conducted because then the University has to Adhere to the Mandate of FCRA and other Legal Precedents for Managing Results.

• Having a Self-Disclosure Form is Often the Best Initial Line of Defense and Allows Universities to Disentangle from Candidate Defense and Allows Universities to Disentangle from Candidate Outside of Federal Guidelines

• Consumer Reporting Agencies (Cthey can Report Back to Client Regarding a Candidate’s Past History (For example, CRAs are restricted from reporting Arrests [even those within a 7 year timeframe] because they May Violate State and Federal Discrimination that Might be of Concern to Universities likely will Never be Reported because of these Restrictions)

do to “watch list” a Candidate after a CBC has Been Conducted because then the University has to Adhere to the Mandate of FCRA and other Legal Precedents for

Form is Often the Best Initial Line of Defense and Allows Universities to Disentangle from Candidate Defense and Allows Universities to Disentangle from Candidate

(CRAs) are Limited in terms of what they can Report Back to Client Regarding a Candidate’s Past History (For example, CRAs are restricted from reporting Arrests [even those within a 7 year timeframe] because they May Violate

n Laws and so Patterns of Behavior that Might be of Concern to Universities likely will Never be Reported because of these Restrictions)

Federal-Level Legislation Governing Background Checks

• Fair Credit Reporting Act (FCRA) Procedures for Performing CBCs for purposes of obtaining credit, insurance, employment or other purposes authorized under Section 604 [1681b]

• Family Educational Rights and Privacy Act • Family Educational Rights and Privacy Act (FERPA) - A federal law that protects the privacy of student education records and comes into play in terms of how Employers Handle the Data Involved in Conducting and Evaluating Results from from Student CBCs.

Level Legislation Governing

Fair Credit Reporting Act (FCRA) – Mandated Procedures for Performing CBCs for purposes of obtaining credit, insurance, employment or other purposes authorized under Section 604 [1681b]

Family Educational Rights and Privacy Act Family Educational Rights and Privacy Act A federal law that protects the privacy

of student education records and comes into play in terms of how Employers Handle the Data Involved in Conducting and Evaluating Results from from Student CBCs.

Legal Issues at State Level

• Record Retention-How long can we or should we maintain criminal record checks. – How should we maintain those records?

• Use of Conviction vs. Arrest Information in Employment Decisions

• Privacy Considerations• Privacy Considerations• Potential Defamation Claims (Discrimination Claims)

– Need Clear Policies and Procedures – Need to Educate and Follow

• Potential Tort Claims-”Foreseeability”: “Knew or should have known”

• How to use Information in the Criminal Complaint or Records-Misuse could lead to Criminal Action

Legal Issues at State Level

How long can we or should we maintain criminal record checks.

How should we maintain those records?

Use of Conviction vs. Arrest Information in Employment

Potential Defamation Claims (Discrimination Claims)Need Clear Policies and Procedures

”Foreseeability”: “Knew or should

How to use Information in the Criminal Complaint or Misuse could lead to Criminal Action

Civil Liability Concerns Surrounding CBCs

• Respondeat Superior – An Employer may be Held Liable for any harm Caused to a Third party by an Employee acting within the Scope of their Employment.

• Negligent Hiring {Retention}Employer’s Failure to DiscovEmployer’s Failure to Discovan Undue Risk of Harm to OKnown at the time of the Initial Hire. – This increases the Employer’s Liability because the Court

Assumes that the Employer Shouldthe Time of Hire – So, if University Fails to Conduct CBC then it can be Sued for Negligent Hiringharm comes anyway, then they can be Sued for Retention.

Civil Liability Concerns Surrounding

An Employer may be Held Liable for any harm Caused to a Third party by an Employee acting within the Scope of their Employment.

Negligent Hiring {Retention} – The Claim that an over that an Employee Created over that an Employee Created Others that Should Have Been

Known at the time of the Initial Hire. This increases the Employer’s Liability because the Court

Should have known of this Risk at So, if University Fails to Conduct CBC then it

Negligent Hiring and if it Does a CBC and harm comes anyway, then they can be Sued for Negligent

Civil Liability Concerns Surrounding CBCs

• Disparate Treatment – Claims that Arise from Intentional Discrimination (For Example, conducting CBCs on only Staff while allowing Faculty to go Unevaluated)Faculty to go Unevaluated)

• Disparate Impact - Claims that Arise when an Employer’s Practices or Procedures, while not intentionally Discriminatory, Adversely Impact a Protected group of Individuals (e.g. Minorities)

Civil Liability Concerns Surrounding

Claims that Arise from Intentional Discrimination (For Example, conducting CBCs on only Staff while allowing Faculty to go Unevaluated)Faculty to go Unevaluated)

Claims that Arise when an Employer’s Practices or Procedures, while not intentionally Discriminatory, Adversely Impact a Protected group of Individuals (e.g. Minorities)

Summary of Liability Issues

• If you DO Background Checks:– Disparate Treatment: Disproportionately Applied to Different

Campus Groups– Disparate Impact: Employer’s Practices Adversely Impact

Certain Class of Employee More than Others– Mishandling of Positive Results (FCRA)– Mishandling of Positive Results (FCRA)– Privacy Violations (FERPA)– Defamation Claims (As a result of Interviews Conducted)

• If you DON’T use Background Checks:– Negligent Hiring/Negligent Retention– Breach of Duty to provide Safe Workplace– OSHA Issues

Summary of Liability Issues*

If you DO Background Checks:Disparate Treatment: Disproportionately Applied to Different

Disparate Impact: Employer’s Practices Adversely Impact Certain Class of Employee More than OthersMishandling of Positive Results (FCRA)Mishandling of Positive Results (FCRA)

Defamation Claims (As a result of Interviews Conducted)

If you DON’T use Background Checks:Negligent Hiring/Negligent RetentionBreach of Duty to provide Safe Workplace

Discussion

• Universities Face Elevated Risk in Hiring Process:

– CBCs are being performed on Staff 2X more than faculty and could lead to Claims of Disparate Impact

– Issue of the Application of follow– Issue of the Application of followthat the University may be liable for Claims under the Claim of Disparate Impact

– Lack of a Formal Written Post Results Delivery Policy suggest Greater Exposure to Claims of FCRA and Defamation Violations.

Universities Face Elevated Risk in Hiring Process:

CBCs are being performed on Staff 2X more than faculty and could lead to Claims of Disparate Treatment and

Issue of the Application of follow-up CBCs raises concerns Issue of the Application of follow-up CBCs raises concerns that the University may be liable for Claims under the Claim

Lack of a Formal Written Post Results Delivery Policy suggest Greater Exposure to Claims of FCRA and

A Suggested Best Practices Approach for Background Check Process in Higher Education

CBC Policy and Procedure

• Conduct CBCs on All Staff, Faculty and Student Employees

• Perform International Criminal Background Checks on Foreign Employee Applicants– If full foreign criminal checks are not done then at a minimum, may want

to consider some sort of probationary status for foreign applicants and then do domestic criminal countyafter their arrival here in the states.

• Self-disclosure Form Suggested for all Incoming Students

• Follow-up CBCs on all Employees that move to a new Position– Development of a Written Policy for Follow

Period of Time

• Employment and Educational Verification Checks Should be Performed on Appropriate Staff and all Faculty Applicants

A Suggested Best Practices Approach for Background Check Process in

Conduct CBCs on All Staff, Faculty and Student Employees

Perform International Criminal Background Checks on Foreign

If full foreign criminal checks are not done then at a minimum, may want to consider some sort of probationary status for foreign applicants and then do domestic criminal county-level checks for a period of 2-3 years after their arrival here in the states.

disclosure Form Suggested for all Incoming Students

up CBCs on all Employees that move to a new PositionDevelopment of a Written Policy for Follow-up CBCs after a Defined

Employment and Educational Verification Checks Should be Performed on Appropriate Staff and all Faculty Applicants


CBC Policy and Procedure

• Consider Use of Third-Party Provider for at Least Some Aspect of CBC Process

• CBC Process Should be Managed by HR Department • CBC Process Should be Managed by HR Department Rather than Hiring Department (Issues of Liability due to Lack of Compliance with Federal and State Laws Governing CBCs are of Concern)

• Develop a Defined Post-Results Delivery Process– Explicit Development of Policies to Deal with Delivery of

“Positive” CBC Results

– Consider A Committee Composed of University Community (Rather than One Single Individual) to Decide on “GoGo” Decision involving “Positive” Results


Party Provider for at Least Some Aspect of CBC Process

CBC Process Should be Managed by HR Department CBC Process Should be Managed by HR Department Rather than Hiring Department (Issues of Liability due to Lack of Compliance with Federal and State Laws Governing CBCs are of Concern)

Results Delivery ProcessExplicit Development of Policies to Deal with Delivery of

Consider A Committee Composed of University Community (Rather than One Single Individual) to Decide on “Go-No Go” Decision involving “Positive” Results


Hiring Process

• Centralize Hiring Process through HR Department

• If available, Utilize Online Application Process for All New Hires (Regardless of Position Type)

• Require Consistent and Repetitive Training (at least yearly) for all HR Personnel Tasked with Conducting CBCs


Centralize Hiring Process through HR

If available, Utilize Online Application Process for All New Hires (Regardless of Position Type)

Require Consistent and Repetitive Training (at least yearly) for all HR Personnel Tasked with

Upcoming Background Check Topics

• International Background Checks

• Legal Issues in Student background Checks

• Benchmarking Threat Assessment Team Policies and Practices in Higher Education: What are your and Practices in Higher Education: What are your Peers doing to Reduce Violence on Campus?

Upcoming Background Check

International Background Checks

Legal Issues in Student background Checks

Benchmarking Threat Assessment Team Policies and Practices in Higher Education: What are your and Practices in Higher Education: What are your Peers doing to Reduce Violence on Campus?

For More Information on Implementing Risk Management Processes in your University, Please Contact:

Stephanie Hughes, Ph.D.

Northern Kentucky University

&&

RiskAware, LLC.

[email protected]

859-402

& Lynn Schuman

RiskAware, LLC

[email protected]

For More Information on Implementing Risk Management Processes in your University, Please Contact:

Stephanie Hughes, Ph.D.

Northern Kentucky University

&&

RiskAware, LLC.

[email protected]

402-8255

& Lynn Schuman

RiskAware, LLC

[email protected]

2010 background check 101 [compatibility mode]

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