Feb 28, 2024  
DMACC Policies and Procedures 
    
DMACC Policies and Procedures
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HR3132 - Criminal History Record Investigation


Procedures

Section: HUMAN RESOURCES PROCEDURES

SubSection: EMPLOYMENT

Master List Section: Human Resources

 

  1. Institutional Regulation
    1. To protect the welfare and safety of our students, employees, the institutional resources of the College, and the public, criminal history record investigations shall be conducted on all Regular, Adjunct, Temporary, and Student candidates for employment prior to the start of employment.
  2. Procedure
    1. Applicants provide consent to a criminal history records investigation by providing their approval through an electronic process provided by the background check vendor or by signing an Authorization/Consent & Release for Background Check form.
    2. Human Resources shall initiate a criminal history record investigation for candidates who have been recommended for Regular, Adjunct, Temporary, or Student positions prior to the start of employment. In-state and/or national criminal history records investigations shall be conducted as appropriate.
    3. Conditional employment offers may be extended pending the results of the criminal history records investigation.
    4. Convictions revealed in the employment process and/or as a result of the criminal history records investigation will be reviewed by the Executive Director, Human Resources and other individuals as deemed appropriate to determine whether or not the conditional offer of employment shall be withdrawn. Criminal convictions shall not automatically disqualify an applicant from employment. The College shall consider factors such as, but not limited to, the nature of the crime, the age of the individual at the time the crime was committed, length of time since the conviction, the nature of the conviction and the job-relatedness of the conviction, the individual’s employment history, and employment references. Human Resources will follow processes required by the Fair Credit Reporting Act in gathering background check information, and issuing pre-adverse action and adverse action notices.
    5. Any misrepresentation of the facts is deemed to be falsification of the application and may result in termination or the withdrawal of an employment offer, whenever discovered.
    6. Conviction information may be used only for the purpose of evaluating applicants for employment and may not be released or disclosed for other purposes without the applicant’s consent, unless required by law.


Cross Reference:
Policy HR407 - Employment Authority  

Adopted: August 1, 2004
Reviewed: Annually

Revised:
January 1, 2005

November 1, 2006

November 1, 2007

November 1, 2008

February 1, 2016

March 20, 2018

September 1, 2020

June 10, 2022



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