Faculty Affairs Background Check Procedures

The California State University Background Check Policy (HR 2017-17) requires a background check to be conducted on all final candidate(s) considered for hire once CSU makes a conditional offer of employment. Current employees are subject to background checks if they are voluntarily under consideration for new positions that the CSU has designated as “sensitive”. This includes all temporary, probationary, intermittent, and at-will employees. Background checks are not required for involuntary reassignments or reclassifications or other employment changes that do not result in the employee moving into a different position.

Student workers are to be background checked only if they are employed or being considered for employment in a position in which a background check is required by law or that the CSU has designated as sensitive or the position is a Teaching Associate and is listed as the instructor of record. Consultants, independent contractors, and employees of auxiliaries or outside entities must undergo background checks if required by law or if the work they will be performing meets the CSU definition of sensitive.

In addition, background checks including fingerprinting are required for all counselor faculty and individuals (new hires, current employees, volunteers, consultants, employees of auxiliaries, outside entities and independent contractors) who perform work involving regular or direct contact with minor children, including at CSU-hosted recreational programs (e.g. youth activities).

Sensitive Positions are those designated by the CSU as requiring heightened scrutiny of individuals holding the position, based on potential for harm to children, concerns for the safety and security of people, animals, or property, or heightened risk of financial loss to the CSU or individuals in the university community.

• Federal or state law requires a background check.
• A current employee is voluntarily moving into a position for which a background check is required by law or if they are voluntarily moving into a “sensitive” position.
• Student employees have access to level 1 data or are classified as Teaching Associates and are listed as the instructor of record on a course.
• Volunteers must have background checks if they will have duties and responsibilities that would require a background check if performed by a CSU employee.
• Independent Contractors, consultants, auxiliaries and outside entities who operate under the CSU name or on CSU property are responsible for ensuring that their employees have had background checks if they perform duties that would require the checks if performed by CSU employees.

• FERP employees, unless they voluntarily move into positions that would require a background check.
• Current employees, unless they voluntarily move into a position that requires a background check.
• Employees rehired at the same campus who have had a CSU background check performed in the previous 12 months.
• Employees re-appointed to the same position at the same campus within 12 months.

• Criminal Records Check (including State/National Sexual Offender Registry Check)
• Education Verification
• Employment Verification
• Reference Checks
• Fingerprinting (Fingerprinting is required for Chico State counselors, and all individuals (new hires, current employees, volunteers, consultants, employees of auxiliaries, outside entities and independent contractors) who perform work involving regular or direct contact with minor children, including at CSU-hosted recreational programs (e.g. youth activities). Fingerprinting is also required for positions in which background checks are required by law.)

• Credit History Check
• Motor Vehicle Records/Licensing Check
• Professional Licensing, Certification, and/or Credential Verification
• Criminal Records Check for Positions that meet CLETS Requirements
• State/National Sexual Offender Registry Check

Campus departments will be responsible for working with the appropriate individual/department to determine whether a position will be performing sensitive work which would require the candidate to need a background check. This determination must be made BEFORE the position is advertised or any recruiting/services begin.

Faculty Affairs and Success will coordinate and review background checks for state-side Unit 3 and Unit 11 employees and Special Consultants hired through Faculty Affairs. This office will also be responsible for determining whether any Unit 3, Unit 11 and/or Special Consultant positions are performing sensitive work which would subject the candidate to a background check. Faculty Affairs and Success Background Check Processor will notify the Risk Manager of all records checks that have findings that may inhibit a candidate from being hired. The Background Check Processor serves in the role as Records Custodian for Background Check Results performed on the state-side (with exception to Live Scans, which are housed the University Police Department). While background check results are retained electronically through a secure, CSU approved, third party vendor (Accurate Background), as the Custodian of Record, the Background Check Processor will be required to ensure that should records arrive on campus, they be kept in a location that is secure and separate from the employee’s official personnel file. The Background Check Processor will also be responsible for maintaining and destroying the Criminal Offender Record Information no later than the termination of the new hire’s employment or two (2) years from rejection due to the Criminal Offender Record Information.

In addition to the basic background check, some positions (for example, coaches) will undergo the State/National Sexual Offender Registry Check, per HR2017-17. The determination must be made BEFORE the position is advertised and the posted position description shall state that the position has been designated to be a sensitive position. The individual in the sensitive position/assignment must successfully complete the background check BEFORE they are hired to work in this capacity unless a contingent start has been approved by Faculty Affairs and Success.

The Procurement office will work with departments to ensure that independent contractors provide verification that they have completed all required background checks.

The Background Check Review Committee consists of the following: AVP of Staff Human Resources, Risk Manager, Chief of Police, and the Vice Provost for Faculty Affairs and Success (when reviewing results for Unit 3 and Unit 11 employees and Special Consultants hired through Faculty Affairs and Success). The AVP of Staff Human Resources will be notified by the Background Check Processor of all criminal records checks with findings. Criminal records checks with findings will be brought to the Background Check Review Committee. The Background Check Review Committee will review the results of criminal offender records information to assess and make a decision on the final candidate’s suitability for the position based on the results of the entire background check. The Vice Provost for Faculty Affairs and Success will only be required to meet with the Committee when Unit 3 and Unit 11 employees or Special Consultant hired through Faculty Affairs and Success records are being reviewed for employment consideration.

The University Police Department will review (Live Scan) results received from DOJ/FBI. The Chief of Police or designee will serve as the Records Custodian for all fingerprint records. Results of all criminal records checks will be sent to the AVP of Staff Human Resources when an applicant has a finding on their background check report.

When adverse information is found as a result of the criminal records check, applicants must be notified and given an opportunity to review the criminal records check results and submit an explanation through an appeal process as outlined below.

1. Pre-Adverse Action Notice: The campus must first provide a Pre-Adverse Action Notice to the applicant, including a copy of the report together with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”  This is handled by Accurate Background.
2. Five Business Days to Request Review: When notified of the intended adverse action, the applicant shall be given five (5) business days to request, in writing, clarification or further review of the decision. The campus Decision Maker(s) must wait five (5) business days after notice is provided and consider the applicant’s appeal before making a final decision.
3. Adverse Action Notice: The campus may finalize its decision to disqualify the applicant if, after five (5) business days, no additional information has been presented establishing that disqualification based on the initial results of the check is inappropriate. If the decision is finalized, the campus will notify the individual of the non-selection using the Adverse Action Notice.

Unit 3 Appointments

Before a contingent offer of employment is extended to a candidate, reference checks and employment verification must be conducted. A minimum of three reference checks are required for tenure-track hires, and a minimum of two reference checks are required for new lecturer hires. At least one reference must be an employment verification from a former employer, preferably an individual who was responsible for performance evaluations of the candidate’s most recent employment. Reference checks can only be conducted by a Search Committee Member, Department Chair or Program Coordinator, or an Administrator.

If determined to be job-related, the campus will review the candidate’s credit report history check, motor vehicle records/licensing check, professional licensing, certification, and/or credential verification.

For all employment positions with regular or direct contact with minors, the campus will verify if applicants have been included in any state or federal sexual offender registry. Campuses may access records from the Megan’s Law(opens in new window) website to conduct a California state sexual offender registry check. For a national sexual offender registry search, campuses may access the U.S. Department of Justice’s(opens in new window) website and/or the Federal Bureau of Investigation.