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Criminal Background Check

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POLICY

Aurora University seeks to provide a safe and productive environment for faculty and staff employees, students and visitors. To accomplish this goal, the University requires criminal background checks for all individuals being offered regular employment, and certain volunteer and student positions. 

FORMS

Applicant Release and Authorization Form

PROCEDURE

1. Human Resources will initiate a criminal background check for candidates having been provisionally offered positions with the university.
2. A request for a criminal background check form will be completed and signed by the employee and witnessed by Human Resources or an appropriate designee. The form will be mailed to the applicant at time of provisional offer so that the check can be completed prior to the date of hire.
3. The request form will include the "Disclosure Regarding Procurement of Consumer Report.” For purposes of this policy, governmental law enforcement or administrative agencies are not consumer reporting agencies. Signed Disclosure documents will be retained in the employee’s personnel file.
4. Conditional job offers may be extended pending the results of the criminal history record check. Except with written authorization of the Vice President for Finance, individuals may not begin working in regular employee or faculty positions until the criminal background check has been returned by the agency and accepted by the university.
5. If a criminal history record check is reported affirmatively, Human Resources will consult with the Vice President for Finance, the hiring manager, any other appropriate administrators or university counsel to determine whether or not the individual should be disqualified from employment as a result of the record check. Except where employment is expressly prohibited by law, the university will review each individual’s criminal background and consider factors such as, but not limited to, the nature and age of the crime(s) reported, the position sought and duties, rehabilitation, the candidate’s employment history, and references.
6. Prior to taking any adverse employment action based on information contained in a criminal history record check report obtained from a consumer reporting agency, Human Resources will provide the individual with a copy of the report and a notice summarizing the individual’s rights under the Fair Credit Reporting Act. The individual 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.
7. In the event of a discrepancy in a criminal background check report involving the individual’s identity, a criminal background fingerprint check will be requested from the local Police Department (Aurora IL or Williams Bay WI). The university will take appropriate interim steps regarding any current employee’s employment status until the report of the fingerprint-based check is received.
8. If an individual fails to disclose felony related criminal background 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.
9. The results of the criminal history record check and fingerprint check will be placed in each employee’s or candidate’s file and marked confidential. This information will be disclosed only to university personnel with a need to know or as otherwise required by law.

For purposes of this policy, evidence of a criminal background includes any conviction or plea of guilty, a plea of no contest, a suspended imposition of sentence, any suspended execution of sentence, any period of probation or parole, or any other action (other than an arrest record) involving a finding that an individual committed or attempted to commit a crime.

Sealed convictions, arrest records and expunged convictions will not be considered evidence of criminal history.

Questions regarding this policy should be directed to Human Resources.