BASED ON POLICY NUMBER AND TITLE:
SBTCE POLICY 8-7-109 BACKGROUND CHECKS
Purpose: To outline the guidelines and use of background checks for prospective and current 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 agreements totaling more than twenty hours. TTC also processes background checks on work study students as required. Employees hired prior to the implementation of the TTC Background Check Procedure will be subject to a background check if required per TTC’s Youth Protection Procedure or there is reasonable cause. The College also requires a background check on former employees who have an inactive work period of twelve months or more prior to reemployment. Consultants employed by the College may also be subject to a background check.
An outside agency licensed to perform background checks conducts all investigations. The Human Resources Office initiates all background checks and keeps results of the background check confidential except when it is necessary to consult the Background Check Review Committee. The Background Check Review Committee consists 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 consult legal counsel and the Director of Public Safety for additional guidance. The Human Resources Office only consults the Background Check Review Committee 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 only informs the hiring supervisor of a satisfactory or unsatisfactory status of a background check. The Human Resources Office maintains 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 determines which type of background check to perform and makes 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 decides whether to deny employment, rescind a job offer or terminate employment.
Once the selection process begins, for full-time equivalent positions at TTC, the hiring supervisor asks the final candidates to sign a Disclosure and Authorization to Obtain Information Form (Trident Form T3-107), and includes them in the hiring packet. A refusal to sign the form eliminates the applicant from further consideration for employment. TTC extends the job after receiving the results of the background check. 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 renders 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 supervisor must immediately forward the form to the Human Resources office for processing.
If the Background Check Review Committee decides to deny employment, rescind a job offer or terminate employment, the Human Resources Office sends 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 sends an adverse action letter stating that TTC will not consider them for employment. If the candidate disputes the findings, they will do so through the background screening agency.
Trident Technical College complies with the Fair Credit Reporting Act (FCRA) and other federal and state laws as they relate to the use of background checks for employment purposes.