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Definitions

• Background checks may include, but are not limited to: o Federal Criminal History (Felony): Searches all of the names in all jurisdictions of the candidate/employee’s resident for the previous seven years. o Multi-jurisdictional History Record (Felony and Misdemeanor): Searches all of the names in all jurisdictions of the candidates/employee’s residence for the previous seven years. o National Sexual Offender Database: Searches National Sex Offender Registries. o Motor Vehicle Report: Verifies the stat of license issuance, violations, accidents, suspensions, and revocation history. o Social Security Number Trace: Verifies provided addresses and sole ownership of said number. o Employment Verification: Verifies prior employment(s). o Consumer Report: (Credit Report History): May be conducted on positions of trust (i.e., managing large scale financial funds for the College) and provides information regarding an individual’s credit worthiness, standing, and capacity.
• Adverse information means facts which are discovered as part of the background check which are unfavorable to the candidate.
• New hires shall mean all individuals with conditional offers on or after the effective date for any position with the College including part-time, full-time, or temporary employment; both instructional and non-instructional. This also includes former employees being rehired who have not been employed by the College in the past twelve months.

The College has determined what type(s) of checks are required for each position based upon the responsibilities of the position. These include, but are not limited to, positions that have access to grand master keys, money, security-sensitive areas, and confidential information; positions that have the capability to create, delete, or alter records; and positions that are responsible for the care or instruction of children.

New Hires

SSN

Multi-

Jurisdictions

Federal

Criminal

Motor

Vehicle

Employment

Education

Sex

Offender

Credit

Faculty X X X X X X X Adjunct X X X X X X X Admin/Professional X X X X X X X Temp X X X X X President X X X X X X X X

Process

1. Prior to conducting the criminal background check, the Human Resources Director will obtain the signed, written consent form from the potential employee. The refusal to consent to a criminal records check will result in the applicant not being offered employment, or if a conditional offer has been made, the offer will be withdrawn, or the employee’s employment will be terminated, as applicable.
2. An offer letter of employment, if applicable, must include the following statement: “This offer is contingent on the completion of appropriate background verification which may include criminal history, credit history, sex and violent offender registry, education verification, licensure and employment history to be administered by the �鶹��Ƶ Human Resources Office.”
3. A notice on the MTCC Applying for Employment web page will inform all applicants that they are subject to a background check, which may include criminal history, credit history, sex and violent offender registry, education verification, licensure and employment history.
4. After acceptance of the conditional offer of employment, Human Resources will initiate a background check. The appointing authority will determine if any additional components (credit history, education verification licensure, and employment history) of the background check will be performed.
5. If the background check indicated adverse information, the vendor will inform Human Resources.
6. If circumstances warrant, the employee may be allowed to start working before the results are known. If the background check reveals adverse information, the standard review of this information to determine job applicability would occur. The employee could be terminated if the conviction was deemed job related.
7. Any decision to accept or reject an individual with a conviction is solely at the discretion of �鶹��Ƶ. (All related information will be treated as confidential, and protected as such.)
8. All results of criminal and sex and violent offenders’ convictions or issues are considered confidential and will be maintained in confidential files within Human Resources.
9. Decisions regarding the withdrawal of an employment offer as a result of a background check may not be appealed by the applicant.
10. If an employee is charged with a felony or misdemeanor other than a minor traffic violation, he or she shall notify the College President within two working days of the time he or she is released after being charged with the offense. Failure to do so may result in the employee’s immediate dismissal.
11. If a person omits information or gives false information concerning his or her criminal history on his or her employment application, background check for, resume, or any other required or submitted application-related document, that person may not be offered employment. If the person has been hired or offered employment conditioned on the results of a criminal history check, the person will be subject to disciplinary action up to and including dismissal or the offer of employment will be withdrawn, as applicable.

If Adverse Information Is Reported

1. If the background check indicated adverse information regarding criminal background, credit history, licensure or employment verification, the vendor will inform Human Resources. Human Resources will provide a copy of the report to the applicant. (All related information will be treated as confidential, and protected as such.) The applicant will have an opportunity to explain the adverse information or provide additional information.
2. The Human Resources Director or designee will evaluate the adverse information to determine if it is job related and has a possible impact on the position.

a. The College will assess the overall risk based on the adverse information disclosed by the background check. That risk assessment will include:

i. The type of conviction and whether it related to the job; ii. The length of time elapsed since the convictions; iii. The number of convictions; iv. The severity of the convictions; potential risk to other employees or the college; v. Relevant evidence of rehabilitation or lack thereof; and vi. Other factors that may be relevant.

1. Certain types of convictions will automatically preclude hiring individuals into certain positions. For example, individuals with convictions for theft, embezzlement, identity theft or fraud should not be hired with fiduciary responsibilities. Individuals with workplace or domestic violence convictions, crimes of a sexual nature or other behaviors that would be inappropriate in an environment with children and young adults. This list is not inclusive, but illustrative. Other information revealed in background checks, apart from criminal convictions may affect campus employment decisions.
2. If the criminal history check reveals convictions, which the individual disclosed on the Pre-Employment Certification, Human Resources will review and evaluate each conviction, including any additional information the individual provides, before the offer of employment is confirmed or withdrawn. The existence of a conviction does not automatically disqualify and individual from employment. Relevant considerations may include, but are not limited to, the nature and number of the convictions, the amount of time elapsed since conviction, and the relationship a conviction has to the duties and responsibilities of the position.
3. If convictions are revealed in the criminal history check which the applicant did not disclose on the Pre-Employment Certification, the offer of employment will be withdrawn and, if employed, the individual will be separated from employment, unless the individual shows that the report is in error. In the event that the results of the background check influences a decision to withdraw an employment offer or terminate employment, Human Resources will consult with the hiring authority for the unit. The final decision lies with the appointing authority. Either the hiring authority or the Human Resources Director can request the decision be referred to the President for final consideration.