Florida A & M University Office of Human Resources INTERNAL OPERATING PROCEDURE. Procedure No. HR 1002

Transcription

1 Florida A & M University Office of Human Resources INTERNAL OPERATING PROCEDURE Procedure No. HR 1002 Subject: Employee Background Screening-Criminal History Check Authority: Sections: , (19), , , , , , Chapter 777, Florida Statutes and Chapter 435, Florida Statutes. Florida A&M University Regulation Revision(s) Revised 6/27/1996; 2/24/2006 Related References Purpose Signature of Approving Authority Effective Adopted Date: 02/24/2006 This procedure sets the guidelines by which background screenings and criminal history checks will be conducted on job applicants who are being considered for employment, employees and volunteers who occupy positions of special trust or responsibility or are located in safety sensitive areas. 1.0 General Information 2.0 Definition A. Background Screenings - The review of prior employment records and completion of the employment reference check form for all job applicants and volunteers and for all employees who are transitioning into positions of special trust or safety sensitive areas. B. Criminal History Checks 1. Level 1 Screening Standards - shall include but not be limited to, employment history checks and statewide criminal correspondence checks through the Florida Department of Law Enforcement and may include local criminal records checks through local law enforcement agencies. a. Any person for whom an employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offence prohibited under any of the provisions in Section , Florida Statutes or under any similar statute of another jurisdiction. 2. Level 2 Screening Standards - Shall include, but not be limited to, fingerprinting for all purposes and checks pursuant to the provisions of Section , Florida Statutes, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation and may include local criminal records checks through local law enforcement agencies. a. Any person for whom a criminal history check is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offence prohibited under Page 1 of 5

2 3.0 Responsibilities any of the provisions in Section , Florida Statutes or under any similar statute of another jurisdiction. 3. Job Applicant - Any person who submits the appropriate documentation for consideration for employment at the University. 4. Employee - Any person, including salaried and OPS employees who are required by law or this policy to undergo a background screening as a condition of employment or continued employment with the University. 5. Volunteer - Any person who performs or renders services to or on the behalf of the University, without compensation, except reimbursement for actual expenses. 6. Positions of Special Trust or Responsibility - All positions in programs providing care to children, the developmentally disabled or vulnerable adults for fifteen hours or more per week; all permanent and temporary employees of the central abuse hotline; and all persons working under contract who have access to abuse records. These positions include, but not limited to, all positions in EIT, all positions in New Beginning Child Care Center, all positions in Controller s Office, all positions in FAMU Department of Public Safety, and all University Cashiers. 7. Safety Sensitive Areas - Any position, including a supervisory or management position, in which a drug impairment would constitute and immediate and direct threat to public health or safety, such as a position that requires that the employee carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position in which a momentary lapse in attention could result in injury or death to another person. 8. Moral Turpitude - Conduct that is contrary to justice, honesty, or morality. Moral turpitude means, in general, shameful wickedness - so extreme a departure from ordinary standards of hones, good morals, justice, or ethics as to be shocking to the moral sense of the community. 4.0 Procedures A. Background screenings shall be conducted with former employers and shall be conducted by each individual department, school or college at the time of hiring an individual to fill a vacant position. B. Criminal history checks shall be referred to the Office of Human Resources for processing. The criminal history checks at the statewide or national level shall be conducted through the Florida Department of Law Enforcement, local law enforcement agencies and/or other governmental agencies, as appropriate. When conducting a federal or national criminal history check, fingerprinting shall be required. C. The cost associated with conducting criminal history checks, shall be the responsibility of the applicant or the individual department, school or college where the employee will be hired or is currently employed. D. The FAMU Department of Public Safety shall conduct background screenings and criminal history checks on all of their job applicants and officers pursuant to the applicable Florida Statutes, and the provisions of this policy. E. The Florida Agricultural and Mechanical University (FAMU) Developmental Research School (DRS) shall be responsible for conducting background screenings and coordinating criminal history checks and providing a copy to the Office of Human Resources on all DRS job applicants and instructional employees. The Office of Human Resources shall be responsible for conducting criminal history checks for all non-instructional employees. F. New Beginnings Child Care (NBCC) facility shall be responsible for conducting background screenings and criminal history checks on all NBCC job applicants, employees and volunteers. G. Each Summer Camp Program shall be responsible for conducting background screenings for all Program job applicants, employees and volunteers. The Office of Human Resources shall be responsible for conducting criminal history checks for Summer Camp Programs. Page 2 of 5

3 H. Criminal History checks for student volunteers within the School of Nursing and the College of Pharmacy shall be coordinated by the respective school and college. I. Whenever a criminal history check for employment is required by law, the provisions of the applicable law, shall apply. J. As a condition of employment or continued employment, all job applicants and all employees who are required to undergo criminal history checks shall undergo the Level 1 screening standards or Level 2 screening standards as set forth in Chapter 435, Florida Statutes. Academic Deans and Program Directors shall maintain a current list of faculty position class titles requiring the checks. K. At the time of advertising a position vacancy, the department, school or college shall indicate whether the position has been designated as one requiring a criminal history check. L. Individual departments must provide the Office of Human Resources a copy of all background checks, reference checks, and criminal history check, including fingerprinting results. 4.1 Notice and Confidentiality of Information Requirements A. Each job applicant employee or volunteer must be notified via the job vacancy announcement or by the department, school or college that a criminal history check shall be conducted by the university on individuals filling said positions as required by the provisions of this policy. B. An employee who has pled nolo contendere (no contest) to, or been convicted of, a first degree misdemeanor or a felony is required to notify the President, Provost or Vice President, as appropriate within 10 days of the plea or conviction. A conviction will not necessarily result in the termination of employment but will be evaluated on its own merit with respect to the time, circumstances, seriousness, and the position in which the employee works. C. Prior to conducting a criminal history check on an employee, the University shall notify the employee of the reason for the check. 4.2 Procedures for Requesting Criminal History Checks A. Upon identification of the job applicant, employee, or volunteer who requires a criminal history, check, the department, school or college shall contact the individual to complete the Criminal History Investigation form, which authorizes the University to conduct the criminal history check.(the form is attached as a copy to this policy) B. The completed criminal history investigation form, accompanied by a FAMU Requisition/Change order form should be forwarded directly to the Office of University Personnel Relations for transmittal to the Florida Department of Law Enforcement for processing. C. For job applicants, employees and volunteers requiring a Level 2 screening, fingerprints will be taken by the University Police Department for processing by the appropriate agency. D. The Office of University Personnel Relations will notify the department, school or college of the results of the criminal history check as appropriate. E. Employees who have been fingerprinted or screened pursuant to Section , Florida Statutes, and who have not been unemployed for more than 90 shall not be required to be re-fingerprinted or re-screened in order to comply with the requirements of this law. F. A periodic check may be conducted on employees who hold a Teachers Certification as determined by the University and provisions of this policy. G. Criminal history checks for instructional job applicants at FAMU DRS shall be coordinated through the Leon County School Board and the results are transmitted electronically to DRS. Page 3 of 5

4 H. Criminal history checks for the New Beginnings Child Care facility shall be conducted in accordance with the guidelines set forth by the Leon County Health Department and/or the Department of Children and Families Services. Fingerprinting as required by the criminal history check shall be responsible for transmitting the fingerprint cards to the Florida Department of Law Enforcement. The results of the criminal history check shall be transmitted to the Director of the NBCC. I. Criminal history checks for students who volunteer within the School of Nursing and the School of Pharmacy shall be conducted by the respective school and college. Fingerprinting, as required by the criminal history check, shall be conducted by the University Police Department for these areas. The results of the criminal history check will be forwarded to the respective school or college. J. Minimum standards for NBCC personnel shall include minimum requirements as set forth in Chapter 402, Florida Statutes. Good moral character based upon background screenings conducted as provided for in chapter 435, Florida Statutes, using the Level 2 standards described in Section 3K.100 of this policy shall be met by the Center's staff members. 4.3 Employment Disqualifications A. Any individual who is in a position of special trust or responsibility or who is located in a safety sensitive area may be disqualified for employment or continued employment with the University by reason of: 1. The conviction or prior conviction of a crime, first-degree misdemeanor or a felony. 2. The entering of a plea of nolo contendere or, when a jury verdict of guilty is rendered but adjudication of guilt is withheld, with respect to a first-degree misdemeanor or a felony. 3. Employees found through criminal history checks to have been convicted of a crime involving moral turpitude shall not be employed in any position requiring direct contact with students. 4.4 Exclusion or Termination from Employment A. The University shall notify the job applicant or employee as appropriate, that it has reasonable cause to believe that grounds exist for the denial or termination of employment as a result of the criminal history check. The notification shall be made in writing, stating the specific reason, which indicates noncompliance with the standards in this policy. B. It shall be the responsibility of the affected job applicant or employee to contest his or her disqualification or to request exemption from disqualification. The only basis for contesting the disqualification shall be proof of mistaken identity. C. Any individual who is required to undergo a criminal history check as a condition of employment, according to the provisions of this policy and who refuses to cooperate in such screening or refuses to submit the information necessary to complete the check, including fingerprints when required, shall be disqualified for employment in such position or, if employed, shall be separated from employment. D. The University must either separate form employment any of its employee found to be in noncompliance with the minimum standards for good moral character contained in Section , Florida Statutes, or place the employees in a position for which a background screening is not required unless the employee is granted an exemption from disqualification pursuant to Section , Florida Statutes. E. Volunteers are subject to the same exclusion or termination provisions as indicated herein. 4.5 Penalties A. It shall be a misdemeanor of the first degree, punishable as provided for in Chapter 775, Florida Statutes, for any person willfully, knowingly, or intentionally to: 1. Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications for a position of special trust or responsibility; or Page 4 of 5

5 2. Use records information for purposes other than screening for employment or release records information to other persons for purposes other than screening for employment. 3. It is a felony of the third degree, punishable as provided in Chapter 775, Florida Statutes, for any person to willfully, knowingly, or intentionally use juvenile records information for any purposes other than specified in this section or to release such information to other persons for purposes other than specified in this section law. 5.0 Records A. Confidentiality and Safeguarding of Criminal History Checks - All records relating to criminal history checks shall be securely maintained by the Office of University Personnel Relations or the individual department, school or college for the applicable retention period. 1. Such information shall be maintained in a secured and locked area of a file cabinet. The area and file cabinet must remain locked at all times. Only essential University employees shall have access to the information, and a limited number of essential University employees shall have access to area and file cabinet keys. 2. The University shall not authorize the release of any criminal history record information it receives to any other person within its entity, except for the purpose of employment screening pursuant to the provisions of this policy. 3. The University shall not authorize the release of any criminal history information to any person outside the agency except to a person from another VECHS qualified entity, and then only for the purpose of employment screenings. We are not authorized to release criminal history record information to the person listed on the record check. 4. The University is not required to share criminal history information with other FDLE qualified entities; however if it desires to do so, verification must be provided showing that the requesting party has been designated a qualified entity by FDLE prior to releasing any information. A dissemination log must be maintained to record each occasion in which criminal history information is released to other FDLE entities. The dissemination log must be maintained for a period of four years from the date the entry is made. FDLE and FBI auditors must have access to the dissemination log as well. In addition, the University shall maintain an internal dissemination log in which criminal history record information is released to essential personnel within the University (college/school/program). Page 5 of 5