Criminal Background Check

Text Size

TOPIC:	Criminal Background Check
EFFECTIVE DATE:	1 July 2004
UPDATED:	23 May 2011
Approved By:	Senior Staff
Policy Number:	210

POLICY

Aurora University, as part of its hiring process, shall require candidates and employees to undergo a background check as a condition of employment or continued employment in order to evaluate the candidates’ and employees’ qualification and character for employment. To accomplish this goal, the University has established this background check policy and minimum standards to accomplish this purpose.

FORMS

Background Check Release and Authorization Forms (Credit Release)(Criminal Release)(.pdf's)
202 Employment of Relatives
203 Employment Procedures

DEFINITIONS

Fair Credit Reporting Act (FCRA): United States federal law (codified at 15 U.S.C. § 1681 et seq.) that regulates the collection, dissemination, and use of consumer information, including consumer reports, investigative consumer reports and criminal history record information.
Background Check: The term background check may include a consumer report, investigative consumer report and/or criminal history record information and conviction information as those terms are defined in the Fair Credit Reporting Act and Illinois Criminal Identification Act.
Conviction: The term conviction includes, but is not limited to, a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury or as otherwise defined by applicable Illinois or Wisconsin law. An order of supervisor or qualified probation successfully completed is not a conviction. However, an order of supervision or qualified probation that is terminated unsatisfactorily is a conviction unless the unsatisfactory termination is reversed, vacated or modified and the judgment of conviction, if any, is reversed or vacated consistent with Illinois and/or Wisconsin law.
Criminal Offense: The term criminal offense generally means a petty offense, business offense, misdemeanor, felony or municipal ordinance violation except minor traffic offenses.
Consumer Report: The term consumer report means any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part to evaluate an employee or applicant for employment, promotion, reassignment or retention.
Investigative Consumer Report: The term investigative consumer report means a consumer report or portion thereof in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he/she is acquainted or who may have knowledge concerning any such items of information except that specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer shall be excluded from an investigative consumer report.
Credit History: The term credit history means an individual’s past borrowing and repaying behavior, including paying bills on time and managing debt and other financial obligations.
Credit Report: The term credit report means any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing, credit capacity, or credit history.
Financial Information, Marketable Assets, Personal or Confidential Information, State or National Security Information and Trade Secrets: These terms shall have the meaning set forth in the Illinois Employee Credit Privacy Act.

PROCEDURE

Human Resources will initiate a Background Check for those candidates who have received a conditional offer of employment with the University and for individuals currently employed who are being promoted to a new position. Successful completion of the Background Check is a condition of employment which, if not satisfied, will result in the revocation of the offer of employment or termination of employment.
1. Positions for which Background Checks will be conducted include: All regular full and part-time faculty and staff, PRN employees and Student Workers in Campus Safety, seasonal positions at George Williams Campus, and other positions as determined.
2. Background Release and Authorization Form must be completed and signed by the candidate and/or employee and witnessed by Human Resources or an appropriate designee. The form will be mailed to the candidate and/or employee at time of conditional offer so that the Background Check can be completed prior to the date of hire. Candidates and/or employees who decline to complete and sign the form will no longer be considered for hire.
The request form will include the "Disclosure Regarding Procurement of Consumer Report” in accordance with the Fair Credit Reporting Act. Signed Disclosure documents will be retained in the candidate and/or employee’s file.
In accordance with the Illinois Employee Credit Privacy Act, a Background Check will only include an employee’s or applicant’s “credit history” or “credit report” where a satisfactory credit history is an established bona fide occupational requirement of a particular position or a particular group of the University’s employees. A satisfactory credit history will constitute a bonafide occupational requirement if one of the following circumstances is applicable:
1. State or federal law requires bonding or other security covering an individual holding the position.
2. The duties of the position include custody of or unsupervised access to cash or Marketable Assets valued at $2,500 or more.
3. The duties of the position include signatory power over business assets of $100 or more per transaction.
4. The position is a managerial position which involves setting the direction or control of the business.
5. The position involves access to Personal or Confidential Information, Financial Information, Trade Secrets, or State or National Security Information.
6. The position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement.
7. The employee’s or applicant’s credit history is otherwise required by or exempt under federal or State law.
8. Note: The limitations upon the use of credit histories or credit reports imposed by Illinois law do not apply to applicants seeking employment at Aurora University’s George Williams College located in Williams Bay, Wisconsin.
Conditional job offers may be extended pending the results of the Background Check. Except with written authorization of the jurisdictional Senior Officer, a candidate and/or employee may not begin working in any capacity until the Background Check has been returned by the agency and reviewed and accepted by the University.
Prior to taking any adverse employment action based on information contained in a Background Check report obtained from a consumer reporting agency, Human Resources will provide the candidate and/or employee with a copy of the report and a notice summarizing the individual’s rights under the Fair Credit Reporting Act. The candidate and/or employee will also be given information on the credit reporting agency providing the report and a reasonable opportunity to submit information to Human Resources disputing the accuracy or completeness of the report before a final decision is made and communicated.
In the event of a discrepancy or dispute in a Background Check report involving the candidate and/or employee’s identity, a criminal background fingerprint check will be requested from the local Police Department or via university procedure.
1. Absent approval from the jurisdictional Senior Officer, a candidate and/or employee will not begin working until this process is completed and it has been determined that the candidate and/or employee has successfully completed the Background Check.
2. If already working, the University will take appropriate interim steps regarding the employee’s employment status until the report of the fingerprint check is received.
If a Background Check reveals that the candidate and/or employee was convicted of a Criminal Offense, then the Human Resources department will take the following steps, after the candidate and/or employee was provided with a reasonable opportunity to review, explain and/or correct the report, and it is confirmed that the conviction information is accurate:
1. The Director of Human Resources will review the candidate and/or employee’s record, and contact the jurisdictional Senior Officer for the area in which the candidate and/or employee has been offered a position, and, as needed, other appropriate individual(s) and/or University counsel.
2. The Director of Human Resources, and the jurisdictional Senior Officer will jointly reach a final decision regarding whether or not the candidate and/or employee should be disqualified from employment as a result of the Background Check.
3. Except where employment is expressly prohibited by law, each candidate and/or employee’s criminal background will be reviewed on an individual basis, considering factors such as, but not limited to, the nature and age of the crime(s) reported, the relevance of the conviction to the position sought and duties/responsibilities, rehabilitation, the candidate’s employment history, and references.
If a candidate and/or employee seeking employment at Aurora University’s campus located in Aurora, Illinois fails to disclose criminal history information, other than arrest records and criminal history information ordered sealed, impounded or expunged, under Section 5.2 of the Illinois Criminal Identification Act, on his/her application when asked to do so and is later found to have such a record, a job offer may be rescinded or employment terminated for cause due to falsification of records.
If a candidate and/or employee seeking employment at Aurora University’s George Williams College located in located in Williams Bay, Wisconsin fails to disclose a conviction record, a record of a pending criminal charge or an arrest record when employment depends upon the bondability of the individual under a standard fidelity bond or when an equivalent bond is required by state or federal law, administrative regulation or established business practice of the University and the individual may not be bondable due to an arrest record, on his/her application when asked to do so and is later found to have such a record, a job offer may be rescinded or employment terminated for cause due to falsification of records.
The results of the Background Check and any fingerprint check that may be performed will be placed in each employee’s or candidate’s file. This information will be disclosed only to University personnel with a need to know or as otherwise required by law.

Questions regarding this policy should be directed to Human Resources.