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POLICY 06:12:07

EMPLOYEE BACKGROUND CHECKS

Please refer to Tennessee Board of Regents Guideline P-010.

Purpose

This policy establishes procedures for background checks on candidates for employment.

Policy Statement

Pellissippi State believes it is important to conduct background checks on candidates for employment to limit employer liability, verify information, and reduce the cost of rehiring and retraining. In addition, background checks will produce authenticity of information as it relates to such areas as work history and criminal backgrounds. In addition, circumstances may arise for which background checks of current employees will be requested. This process is necessary to ensure that individuals are selected or retained who are best able to serve the institution. Background checks may include, but not be limited to, Financial Report, Related Misdemeanor, Felony and Misdemeanor, Motor Vehicle Record, Military Record, DTEC (social security number verification), and Credential Verification, Education Verification, Employment Verification, and Reference Verification.

Procedures

  1. Individuals must be made aware of this practice at the earliest possible stage in the employment process. Appointment of or continued employment in a specified position is contingent upon an acceptable background check.
  2. The College has determined what types 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 our youth.
  3. The Human Resources staff is responsible for notifying candidates/employees of the process for submitting information necessary for the completion of the background check. If the candidate/employee refuses to submit needed information for completion of the background check, no further consideration will be given to this applicant/employee.
  4. The background check agency will normally respond within one to two weeks of receipt of the submittal by the candidate/employee.
  5. Once the background check is completed, Human Resources staff will review and evaluate any information that indicates a conviction as well as any discrepancies in the completed application and the background check report. This information will be discussed with the appropriate vice president as well as the president. If the report contains information which is determined to be detrimental to the College, an offer of employment, promotion, reclassification, or transfer will not be made. Additionally, if the information in the report is determined to be detrimental to the College, any verbal offers of employment made contingent to the criminal background check results will be rescinded.
  6. Detention and/or arrest without conviction do not constitute valid grounds for employment decisions and cannot play a part in the decision-making process. Only convictions or pleas of nolo contendre will be considered in determining the candidate’s/employee’s suitability for employment or continued employment. In determining suitability for employment where there is a record of criminal conviction, consideration will be given to such issues as the specific duties of the position, the number of offenses and circumstances of each, how long ago the conviction occurred, whether the circumstances arose out of an employment situation, and the accuracy of the explanation on the employment application.
  7. If adverse action is to be taken based in whole or in part on the information obtained from the background check, additional provisions of the Fair Credit Reporting Act (FCRA) must be followed. Human Resources staff must provide the candidate/employee a copy of the background check report, along with a summary of his or her rights. If adverse action is taken, the applicant/employee must be given an adverse action notice, which will allow him or her five days to dispute the findings.
  8. The Human Resources staff will serve as the custodian of the records for background check results. Results on individuals who become employees should be kept in the employee’s personnel file. Background checks on individuals who are not placed in a position should be kept in the Human Resources office with the search materials.

 

Approved: President Allen G. Edwards, January 22, 2002
Approved: President Allen G. Edwards, October 6, 2003
Reviewed/Recommended: President’s Staff, February 16, 2009
Approved: President, Allen G. Edwards, February 16, 2009
Editorial Changes, May 15, 2009; October 22, 2010
Reviewed and Recommended: President’s Council, November 24, 2014
Approved: L. Anthony Wise, Jr., President, November 24, 2014
Reviewed/Recommended: President’s Council, November 29, 2021
Approved: President L. Anthony Wise Jr., November 29, 2021