Purpose: The purpose of this policy and related procedures is to promote campus safety and the security of personal and University property, consistent with the requirements of the law and prudent financial and programmatic practices. Thus, 91×ÔÅÄÂÛ̳ performs criminal background checks for all security sensitive positions which have, by their nature and scope, access to confidential student, personnel, and payroll records or master keys, in accordance with State law and Texas State University System policy.
Policy: In an effort to provide and maintain the safest possible environment for students, visitors, faculty, and staff, and to enhance the security of physical resources, 91×ÔÅÄÂÛ̳ shall, consistent with the requirements of the law and prudent practices, conduct criminal background investigations and obtain criminal history record information on current employees under consideration to be moved into security sensitive positions and each applicant who is under final consideration for a position that has been designated as security sensitive.
2.1 It is the policy of 91×ÔÅÄÂÛ̳ to obtain Sex Offender and Criminal History report information: 2.1.1 on each applicant who is under final consideration, following normal screening and selection processes, for a position that is designated as security sensitive;
2.1.2 including convictions contained therein on a current employee who is under consideration for a transfer, promotion or reclassification from a non-security sensitive position to a position designated as a security sensitive position;
2.1.3 on a current employee who is under consideration for a transfer, promotion or reclassification from one security sensitive position to another security sensitive position a Sex Offender and Criminal History record information or criminal conviction record information; and
2.1.4 on a current employee whose new assignments involve contact with minors on a regular basis outside the scope of faculty/student instruction. Examples of the types of activities involving minors that would require criminal background checks are summer camps, research involving human subjects and volunteer activities 2.2 The President or President’s designee may request a Sex Offender and/or a Criminal History check on a current employee who is not a party to a job transfer or reclassification. In this situation ―management‖ will prepare, in writing, a business case that substantiates the need to conduct the investigation and submit it to the President (or the President’s designee), who will consider the need for the background check. If it is approved, the President (or President’s designee) will submit the business case and request to Human Resources, which will coordinate the investigation. If the current employee refuses to complete, sign and submit the Criminal Background Check Form in response to a request made in accordance with this policy, the President or designee will take appropriate action.
2.3 It is the policy of 91×ÔÅÄÂÛ̳ not to obtain Sex Offender and Criminal History information for: 2.3.1 position reclassifications that result in a title change with no change in current responsibilities
2.3.2 career progression promotions occurring within the current department (e.g., Associate Professor to full Professor or Administrative Associate to Administrative Associate, Sr.).
3.1.2 have responsibility for providing patient care or for providing child-care in a child-care facility, as that term is defined in Texas Human Resources Code §42.002(3) including students
3.1.3 have direct access to, or responsibility for, pharmaceuticals, select agents, or controlled substances including students;
3.1.4 have responsibility for the care, safety, or security of humans or the safety or security of personal or University property;
3.1.5 have responsibility for operating, in the course of normal job duties, University-owned or leased vehicles, machinery or toxic systems that could cause death, injury, or health problems;
3.1.6 have significant inventory control responsibilities, including receipt and release of inventor
3.1.7 have direct access to, or responsibility for, cash, checks, or University property, disbursements, or receipts;
3.1.8 have responsibility for execution or approval of financial transactions;
3.1.9 have unsupervised access to University, employee, or student property, including access to student housing rooms, in the course of normal job duties;
3.1.10 have responsibility for the preparation, maintenance, or approval of the financial, payroll, personnel, or purchasing systems;
3.1.11 have direct access to sensitive data, including data protected by Federal or State law, medical records, personnel records, other personal data, or confidential criminal justice information, or to critical data processing systems;
3.1.12 have routine access to building master control and key systems;
3.1.13 have direct access to, or responsibility for, classified information pertaining to the national defense; have access to confidential information and or have the capability to create, delete, or alter records in any of the university student, financial, personnel, payroll, or related computer databases or in research databases that may contain trade secrets; and any other employees whose position may be designated as security sensitive. 3.2 Applicant” is an individual who applies for a position within the University, whether the individual is an external candidate or a current employee of the University.
3.3 “Position” means both full-time and part-time positions in all university programs, regardless of the funding source, whether the position is filled or to be filled by a regular or a temporary worker. It does not include one filled by a temporary worker provided by a temporary employment agency, since the employing agency should be expected to conduct and be held responsible for conducting the sex offender and criminal background check.
3.4 “Controlled substance” has the meaning assigned in Texas Health & Safety Code §481.002.
3.5 “Select agent” has the meaning assigned in 18 U.S.C. §175b.
3.6 “Criminal history record information” means 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.
3.7 “Civil history record information” means information collected about a person by a civil justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal civil charges and their dispositions.
3.8 “Criminal conviction record information” means public information maintained by the Department of Public Safety, as provided in the Texas Government Code §411.135.
3.9 “Sex Offender” information means 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.
3.10 “Hiring Official” is appointed by the pertinent Vice President and charged with the responsibility to ensure criminal background checks are performed when required (and the results reviewed by the Associate Vice President for Human Resources before job offers or other personnel decisions are made or executed.
Procedures
4.1 The Vice President for Finance & Operations and/or the Provost will identify positions and/or areas to be designated as security sensitive.
4.2 Positions designated as security sensitive will be identified as such in individual job descriptions and in any advertisement for the position by including the following statement in the job posting:
―This position is security-sensitive and subject to Texas Education Code §51.215, which authorizes the employer to obtain criminal history record information;
and include the following statement in the job description:
―This position is security-sensitive and thereby subject to the provisions of the Texas Education Code §51.215.
4.3 91×ÔÅÄÂÛ̳’s Office of Human Resources shall be responsible for conducting the criminal background investigation on all security-sensitive positions.
4.4 91×ÔÅÄÂÛ̳ must receive a signed authorization form from the finalist for a position before the background information is requested. The authorization form includes the notice required by Texas Government Code §559.003, as it may be amended from time to time. The authorization form will be completed at the time of interview and returned to the Human Resources Manager for processing.
4.5 Refusal to sign the authorization form will eliminate the applicant from consideration for employment. Following normal screening and selection processes for applicants and for employees who are under consideration for a transfer, promotion, or reclassification as described in Section 2 above for positions that are designated as security-sensitive, the hiring official will select the finalist for the position. The hiring official will then notify the Office of Human Resources of the name of the finalist.
4.6 91×ÔÅÄÂÛ̳’s Office of Human Resources will conduct the background investigation on the finalist selected by the hiring official before the employment decision is made.
If circumstances require that an offer be made before the completion of an investigation, the offer must be in writing and state that the offer is contingent on the completion of a satisfactory criminal background investigation. The Vice President for Finance & Operations or the Provost must approve the written offer before it can be given to the finalist. Only the Provost or the President may make an offer of employment for a faculty position.
4.7 The candidate selected as the finalist may be offered employment by the University contingent upon the evaluation of the criminal history record check. The Human Resource Manager in charge of information processing will communicate the findings to the Associate Vice President for Human Resources or in his/her absence, the Director of Human Resources, for evaluation. The Associate Vice President for Human Resources will make a recommendation to the department head and/or hiring official. The Vice President for Finance & Operations or the Provost will make the final decision on employment of the candidate if there is a disagreement.
4.8 The criminal background check shall include the jurisdictions in which the individual has resided and/or worked at least within the seven years preceding the date of employment at 91×ÔÅÄÂÛ̳.
4.9 The Associate Vice President for Human Resources or her/his designee shall be responsible for making the decision to promote, transfer, or reclassify an employee to a security-sensitive position based on a background investigation. The Vice President for Finance & Operations or the Provost will make the final decision on employment of the candidate if there is a disagreement.
4.10 Criminal history record information obtained by 91×ÔÅÄÂÛ̳ 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, sexual orientation, gender identity and expression, disability, age, or veteran status.
4.11 Criminal history record information, including conviction information contained therein, 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 or 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, 91×ÔÅÄÂÛ̳ shall seek legal advice with respect to any requested release of such information.
4.12 After the expiration of the probationary term of the individual’s employment, 91×ÔÅÄÂÛ̳’s Office of Human Resources shall destroy all criminal history record information that was obtained about the individual. If the position is a faculty member whose probationary period is 6 years or a position that does not have a probationary period then 91×ÔÅÄÂÛ̳’s Office of Human Resources shall destroy the information one hundred eighty (180) days after the information has been obtained.