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UT System Administration Policy Library -- Policy INT109
Criminal Background Checks for Security Sensitive Positions |
Responsible Officer: Assistant Vice Chancellor for Employee Services
Sponsoring Office: Office of Employee Services
Effective Date: July 26, 2002
Last Reviewed: July 27, 2007
Next Scheduled Review: July 1, 2009
Errors or changes to: policyoffice@utsystem.edu
CONTENTS
Policy Statement
Rationale
Scope
Website Address for This Policy
Related Policies, Requirements or Standards
Contacts
Definitions
Procedures
Responsibilities
Forms and Tools/Online Processes
Appendix
POLICY STATEMENT
It is the policy of The University of Texas System Administration to obtain:
- Criminal history record information on all finalists considered for appointment to a security sensitive position.
- Criminal history record information will not be obtained on current UT System Administration employees for whom criminal history record information has already been obtained, or for reclassifications that result in a title change with no change in current responsibilities, career progression promotions occurring within a department, or involuntary promotions and reclassifications.
RATIONALE
The purpose of this policy and procedures memorandum is to provide requirements and guidelines for conducting criminal background checks with respect to the filling of security sensitive positions at System Administration. This policy is intended to promote the safety and security of personnel and System Administration property consistent with the requirements of the law and prudent financial and programmatic practices.
SCOPE
All Offices of UT System Administration
WEBSITE ADDRESS FOR THIS POLICY
http://www.utsystem.edu/policy/policies/int109.html
RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS
UT System Administration Policies & Standards |
Other Statutes, Policies & Standards |
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CONTACTS
If you have any questions about UT System Administration Policy INT 109, Criminal Background Checks for Security Sensitive Position, contact the following offices:
Subject |
Office Name |
Telephone Number
|
Email/URL |
Human Resources/ Employee Benefits |
Office of Employee Services |
512-499-4587 |
esc@utsystem.edu |
DEFINITIONS
Applicant:
An individual who applies for a position within System Administration, whether the individual is an outside candidate or a current employee. Current employees who are in positions designated as security sensitive and on whom System Administration previously obtained criminal history record information are not subject to another criminal background check when applying for a new position.
Criminal Conviction Record Information:
Public information maintained by the Department of Public Safety, as provided in Texas Government Code § 411.135, or another criminal justice agency, related to convictions for criminal conduct.
Criminal History Record Information:
Information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal criminal charges and their dispositions, as more fully described in Texas Government Code § 411.082
RESPONSIBILITIES
Hiring Official
- Directs the applicant to complete, sign and deliver the Criminal Background Check form to OES.
- Obtains the results and recommendations regarding the results of a criminal background check from ODOP and OES prior to making an employment offer.
Office of Employee Services (OES)
- Sends the completed Criminal Background Check form and, if applicable, a copy of the finalist’s employment application to ODOP.
Office of the Director of Police (ODOP)
- Obtains and reviews the criminal background information and will notify the hiring official and the appropriate OES representative of the results of the investigation.
- Destroys all criminal background information obtained about the individual after the expiration of the probationary term of the individual’s employment.
PROCEDURES
1.1 Job Descriptions, Advertisements, and Postings
Job advertisements and postings for System Administration security sensitive positions
will include the following statement :
“This position is security sensitive and subject to Texas Education Code § 51.215, which authorizes the employer to obtain criminal history record information.”
1.2 Criminal Background Investigation
1.2.1 Criminal history record information may be used only for the purpose of evaluating applicants for employment in security sensitive positions and shall in no way be used to discriminate on the basis of race, color, national origin, religion, sex, handicap, or age.
1.3 Criminal Background Investigation Process
1.3.1 A criminal background check will not be performed until the Office of Employee Services (OES) receives and forwards to the Office of the Director of Police (ODOP) a completed, signed Criminal Background Check Form (see Attachment).
The hiring official is responsible for directing the individual to complete, sign and deliver the form to OES. As authorized by Texas Education Code § 51.215, an applicant who fails to complete, sign and submit the form will be removed from further consideration for the position.
1.3.2 OES will send the completed Criminal Background Check Form and, if applicable, a copy of the finalist’s employment application to ODOP.
1.3.3 The criminal history or criminal conviction investigation should include states where the applicant has resided and/or been employed during the period of no less than seven years immediately preceding the date the individual signed the Criminal Background Check Form.
1.3.4 ODOP will promptly obtain and review the criminal background information and will notify the hiring official and the appropriate OES representative of the results of the investigation.
1.3.5 ODOP will conduct the criminal history or criminal conviction record investigation before the hiring official makes the employment decision.
However, if circumstances require that an offer of employment be made before the completion of the criminal history or conviction investigation, the offer must be in writing and contain a statement that the offer is contingent on the completion of a satisfactory criminal background investigation.
1.3.6 If in the opinion of ODOP the results of a criminal background investigation indicate that an individual may be unacceptable for the position being filled, the Director of Police will advise the hiring official and OES. If OES agrees that the individual may be unacceptable for the position being filled, OES will advise the hiring official.
1.3.7 If either OES or ODOP advises the hiring official that the results of the criminal background check indicate that the individual may be unacceptable for the position being filled, then the hiring official may not extend an offer to the individual without the prior written approval of the Chancellor, the applicable Executive Vice Chancellor, or the Counsel and Secretary to the Board, as applicable, or their respective designees.
1.3.8 After ODOP has notified the hiring official and OES of the results of the investigation, such action will be noted on the Criminal Background Check Form and the form will be returned, without notes regarding the results of the investigation, to OES for inclusion in the individual’s file.
1.3.9 Criminal history record information will be regarded as confidential as required by law and will not be made a part of the applicant’s file or the employee’s personnel file nor will it be communicated to any unauthorized person. Under Texas Government Code § 411.085, the unauthorized release of criminal history record information is a criminal offense and, consequently, System Administration officials should seek legal advice with respect to any requested release of such information.
1.3.10 After the expiration of the probationary term of the individual’s employment, the Director of Police shall destroy all criminal background information obtained about the individual. If the position is one that does not have a probationary period, then the Director of Police shall destroy the information 180 days after ODOP obtained it.
1.3.11 Criminal convictions will not automatically disqualify individuals from employment. In the event the investigation reveals a criminal conviction or other relevant information, the hiring official will determine on a case-by-case basis whether the individual is acceptable based on appropriate factors
including:
a. Specific duties of the position to be filled
b. Number of offenses
c. Nature of each offense
d. Length of time between the offense and the employment decision
e. Employment history
f. Efforts at rehabilitation
g. Accuracy of the information that the individual provided on the employment application.
FORMS AND TOOLS/ ONLINE PROCESSES
Attachment 1 Criminal Background Check Form:
http://www.utsystem.edu/secure/ohr/forms/CriminalBackgroundCheckForm.PDF
APPENDIX
Approved October 2, 2003, by Vice Chancellor for Administration, Tonya Moten Brown, and on October 24, 2003, by Vice Chancellor and General Counsel, Cullen M. Godfrey, as a complete replacement of Policy and Procedures Memorandum 1.015 dated July 26, 2002.
keywords: criminal record, security, criminal, background checks, background check, criminal records, HR, human resources
