BASED ON POLICY NUMBER AND TITLE
|SBTCE POLICY 8-7-109 BACKGROUND CHECKS|
Purpose: To define the use of background checks performed on new employees.
Trident Technical College (TTC) requires a completed background check for all employees hired into full-time equivalent positions, and adjunct and temporary employees with contracts totaling more than twenty hours. The College will also require a background check on employees who have an inactive work period of twelve months or more prior to re-employment. Employees hired prior to the implementation of the TTC Background Check Procedure will be subject to a background check if there is reasonable cause. Consultants employed by the College may also be subject to a background check.
An outside agency licensed to perform background checks will conduct all investigations. All background checks will be initiated through the Human Resources Office. The Human Resources Office will keep all results of the background check confidential except when it is necessary to consult the Background Check Review Committee. The Background Check Review Committee will consist of the Human Resources Director, the Human Resources Assistant Director and the Vice President of the hiring division or their designee. As necessary, the Background Check Review Committee will contact legal counsel and the Director of Public Safety for additional guidance. The Background Check Review Committee will only be consulted when the results of a candidate’s background check are questionable. The College President reserves the right to deny employment, rescind a job offer, terminate employment, or appeal the Background Check Review Committee’s decision based on the results of the background check. The Human Resources Office will only inform the hiring supervisor of a satisfactory or unsatisfactory status of the background check. The Human Resources Office will maintain an electronic copy of the background check and all supporting documents in a secured location.
Upon determining that a position will be filled, the Human Resources Office will determine which type of background check to perform and make note on the Job Opening Notice (JON-Trident Form T3-12). The background check may include a state criminal search, social security number trace, address locator, sex offender registry search, credit history check, driving records check and educational records check based on job relevancy. During the advertisement of positions as well as during the interview process, affected applicants will be informed of the College’s Background Check Procedure.
As it relates to criminal offenses, applicants who provide misleading, erroneous, or deceptive information on the application form, resume, or during an interview may be eliminated from further consideration for employment. An applicant cannot be denied employment based solely on the conviction or arrest for a crime; however, the Background Check Review Committee will consider the nature of the offense, when it occurred, specific circumstances and its relevancy to the job in question. Based on the results of the background check, the Background Check Review Committee will decide whether to deny employment, rescind a job offer or terminate employment.
For full-time equivalent positions at TTC, once the selection process begins, the hiring supervisor will ask the final candidates to sign a Disclosure and Authorization to Obtain Information Form (Trident Form T3-107), which will be included in the hiring packet. A refusal to sign the form eliminates the applicant from further consideration for employment. TTC will not extend the job offer until the results of the background check have been received. Based upon business necessity determined by the appropriate vice president, a job offer may be extended to the selected candidate, contingent upon the results of the background check. If the results are satisfactory, the job offer will stand. If the results reflect issues of concern, the Background Check Review Committee will be asked to render a decision. The committee’s decision may result in a rescinding of the original offer.
Supervisors hiring for part-time and temporary positions will extend conditional job offers and ask candidates to sign the Disclosure and Authorization to Obtain Information Form (Trident Form T3-107). The form must be forwarded to the Human Resources office immediately along with the hiring packet.
If the Background Check Review Committee decides to deny employment, rescind a job offer or terminate employment, the Human Resources Office will send the candidate a pre-adverse action letter with a copy of the background check and the applicant’s rights under the Fair Credit Reporting Act via certified mail. If the candidate does not dispute the findings in writing within five (5) business days, the Human Resources Office will send an adverse action letter stating that TTC will not be considering them for employment. If the candidate does dispute the findings, they will do so through the background screening agency.
Trident Technical College will comply with the Fair Credit Reporting Act (FCRA) as it relates to the use of background checks for employment purposes.