Background Checking Policy

Scope

This policy applies to all job applicants and employees.

Policy Statement

To protect the welfare and provide for the safety of students, employees, and visitors of Davidson College, Human Resources will conduct criminal, work history, and educational record background checks on all job applicants, whether such applicants would be new employees or rehired employees, who accept a conditional offer of employment or reemployment with the college, including applicants for full-time, part-time, substitute and temporary positions. Background checks also may be conducted on a periodic, selective, random or rotating basis for any employees when deemed warranted by the college for the safety and/or business operations of the College.

Applicants and employees are advised that criminal, work history and education background checks are a condition of employment or continued employment with the college. Applicants and employees also are advised that they must include the following on their application and/or background check forms: all convictions, guilty pleas, pleas of no contest, prayers for judgment continued, deferred prosecution, or entry into pretrial diversion or similar programs in lieu of prosecution for any crime (excluding minor traffic violations).

The accuracy and completeness of an individual's disclosed criminal, work and educational history will be verified. In addition, background investigation records will be received and maintained as part of a confidential file (to the degree possible) in Human Resources.

Applicants and employees will be provided a copy of the report and a description in writing of rights under the Fair Credit Reporting Act. An applicant or employee who disagrees with the accuracy of the report may challenge the findings within five business days of receipt by notifying Davidson College and providing the basis for the challenge.

Effect on Employment Decisions

The results of criminal, work history and education background checks will be considered in hiring, discipline, dismissal and other personnel decisions, particularly where such information is job related and/or related to illegal drugs, violence, theft, dishonesty, or illegal sexual or other behavior involving a minor (including but not limited to being listed on a state or federal Sex Offender Registry for applicable crimes).

If an applicant's or employee's criminal history or other background check information indicates that the individual poses a threat to the physical safety of students or personnel or that the individual has demonstrated that he or she does not have sufficient education, experience, integrity, honesty, ethics or other traits to fulfill his/her duties as a Davidson College employee, the individual's offer of employment will be withdrawn or his/her employment will be terminated, as applicable. All newly hired and rehired employees (whether full-time, part-time, substitute or temporary) are employed conditionally pending the review of criminal and other background check reports and any resulting additional background investigations.

The refusal to consent to a criminal or other authorized background check will result in an applicant not being offered employment, or if a conditional offer has been made or the individual is employed by the college, the offer will be withdrawn or the employee's employment will be terminated, as applicable.

If an applicant omits information or gives false information concerning his/her criminal, work or education history on his/her application, background check form, resume or any other required or submitted employment-related document, that individual may not be offered employment or a conditional offer of employment may be withdrawn, as applicable. If an employee omits or gives false information concerning the same, the employee will be subject to disciplinary action up to and including dismissal Failure to disclose requested criminal history or other required information is deemed falsification.

Responsibility of Employees to Report

Each employee must notify his/her immediate supervisor and Human Resources within five (5) business days if convicted of OR charged with/arrested for any felony or misdemeanor crime (excluding minor traffic infractions). This includes pending charges/arrests without conviction and charges with no disposition. This also includes all convictions, guilty pleas, pleas of no contest, prayers for judgment continued, deferred prosecutions, or entry into pre-trial diversion or similar programs in lieu of prosecution for any crime ("Convictions"). Convictions, charges, pending charges or arrests for DUI/DWI are not considered minor traffic infractions and must be reported.

The college reserves the right to conduct its own investigation (which may include a criminal background check) following a report or when otherwise notified of an alleged Conviction, charge or arrest when circumstances are identified that warrant further review. If information discovered regarding: (a) prior or current Convictions; or (b) current or pending charges or arrests leads to the conclusion that the integrity and welfare of the college and/or safety of students, visitors and/or co-workers may be compromised, the individual may be temporarily or permanently reassigned or his/her employment may be terminated.

Any employee who fails to disclose Convictions, charges, pending charges or arrests as outlined above is considered to be in violation of a condition of continued employment, which may result in termination.

Any employee who is aware of any criminal events as outlined above involving another employee should notify the appropriate Human Resources representative as soon as practicable.

Responsibilities of Managers

Department Heads and Hiring Supervisors are responsible for their department's adherence to this policy, including clear communication of these requirements to job candidates.

Human Resources is responsible for the management of this policy, including overseeing the criminal and other background investigation process, confidentially reporting job-related results to the appropriate individual(s) in the hiring department, and the confidential maintenance (to the degree possible) of all findings.