Background Checks for Employees
REG 05.55.8
Authority: Vice Chancellor for Finance & Business
History: First Issued: March 8, 2007. Additional History Information.
Contact Info: Sr. Director, Human Resources (919-515-4288)
1. Introduction
1.1 NC State University is committed to providing a safe and secure environment for its students, faculty, staff, visitors, and other constituents; and to protecting its funds, property, and other assets. Well-informed hiring decisions contribute to this effort. Effective March 1, 2007, the University will conduct background checks on persons hired for initial employment at the University, as well as current employees who change jobs or otherwise become subject to a background check as indicated in this regulation.
1.2 A previous criminal conviction does not automatically disqualify an applicant from consideration for employment with the University. Candidates' eligibility will depend on a variety of factors, such as the nature of, and circumstances surrounding, any crime(s); the time elapsed since conviction and the rehabilitation record; the actions and activities of the individual since the crime(s), including the individual's subsequent work history; the truthfulness and completeness of the candidate's disclosure of the conviction(s), and any other relevant information.
1.3 Background checks will be used only to evaluate candidates/employees for employment purposes and will not be used to discriminate on the basis of race, color, national origin, religion, sex, disability, age, veteran's status or sexual orientation.
2. Covered Individuals
2.1 Final candidates for all faculty, EPA non-faculty, SPA staff, and post-doctoral positions, as well as final candidates for all temporary appointments (other than student positions where work is incident to the individual's status as an NC State student), whose appointments are effective on or after March 1, 2007 are subject to background checks.
2.2 Current employees who change jobs due to promotion, lateral transfer, or reassignment are subject to background checks. Current employees who assume new duties that cause the current position to become appropriate for background checks are also subject to background checks.
2.3 Current employees who are convicted of a criminal offense (other than a misdemeanor traffic violation) after March 1, 2007, are subject to background checks. Accordingly, employees are required to report any conviction to their immediate supervisor within 5 days of the conviction. The immediate supervisor will notify Human Resources (HR) within 5 days of receiving notice so that HR can conduct the background check. “Conviction” shall include a guilty verdict, guilty plea, or “no contest” plea.
3. Scope and Types of Background Checks
3.1 Criminal Background Checks. Criminal history and sex offender checks will be conducted for the final candidate for all positions as noted in Section 2.
3.2 Credit History Checks. A credit history will be conducted on the final candidate for any positions with access to, or accountability for, cash or financial assets or accounts, as well as positions having access to, or responsibility for, institutional facilities or assets (beyond the work area, equipment, and materials assigned for individual work use). Current employees who assume these types of duties during the course of employment are also subject to credit history checks.
3.3 Motor Vehicle Checks. Motor vehicle checks will be conducted on the final candidate for any positions that require the individual to drive a state vehicle as a regular part of their job responsibilities or when a dedicated vehicle is provided to the employee for the purpose of conducting University business.
4. Exceptions
4.1 Current employees are not subject to background checks unless they become a “covered individual” as indicated in Section 2.
4.2 Student workers whose work is secondary to their role as a student at NC State University are not subject to background checks under this regulation.
4.3 Faculty members being considered for reappointment, promotion or tenure are not subject to background checks. However, a faculty member who is the final candidate for a Senior Academic or Administrative Officer (SAAO) position is subject to background checks.
5. Procedures
5.1 HR will obtain the applicable background checks upon receipt of a signed background check authorization form from the hiring department as set forth below. It is strongly recommended that the hiring department not commence the working relationship with the prospective employee until notified by HR that the background check has been completed and the individual has been cleared for employment. Hiring departments that allow an individual to commence work prior to the completion of the check, however, must clearly notify the candidate that the job offer and continued employment are contingent on clearance from HR.
HR will also secure applicable background checks for temporary employees. Temporary employees may not commence work until background checks are completed.
5.1.1 Hiring departments will obtain signed Background Check Authorization forms from final candidates and current employees seeking new positions (permanent and temporary) and provide them to HR.
5.1.2 Hiring departments will send copies of applications for temporary employees to HR.
5.2 A discovery of falsification, including misrepresentation or failure to disclose relevant information as part of the recruitment and application process will disqualify a candidate from employment and may subject a current employee to dismissal.
5.3 HR will determine clearance for employment, with input from other campus units such as the Office of Legal Affairs and/or Campus Police, as needed.
5.4 For both permanent and temporary positions, HR will communicate the employment clearance or disqualification (or, if warranted for a permanent position, the need for dismissal if the individual has commenced work on a contingent basis) to the immediate supervisor.
5.5 HR will notify candidates regarding potential adverse actions in accordance with federal fair credit reporting requirements.
5.6 HR will maintain all documentation of background check activity.
6. Resources
Questions concerning the Background Check program should be directed to HR Employment Services.
