Policies and Procedures

SP 3-10a -Employment Background Checks

COLORADO COMMUNITY COLLEGE SYSTEM SYSTEM PRESIDENT’S PROCEDURE
Employment Background Checks

SP 3-10a

APPROVED: February 8, 2006
EFFECTIVE: February 8, 2006
REVISED: May 23, 2007
REVISED: March 20, 2013
REVISED: January 2, 2014

REFERENCES: State Board Policy BP 3-10 Administration of Personnel; Titles VI and VII of the Civil Rights Act of 1964, as amended; Fair Credit Reporting Act of 1996 (7); The Americans with Disability Act of 1990, as amended; Colorado Open Records Act, C.R.S. 24-72-201; Title 5, U.S. Code Section 552a; Privacy Act; Employment Opportunity Act, C.R.S. 8-2-136

ISSUED BY:

/ Nancy J. McCallin /

Nancy J. McCallin, Ph.D.
System President

Application

This procedure applies to all employees, as defined in BP 3-10, finalists for employment and volunteers in the Colorado Community College System.

Basis

Board Policy 3-10 requires the System President to establish procedures for evaluating the qualifications and suitability for employment of all Colorado Community College System employees, volunteers and employment finalists to include a review of qualifications, previous employment, criminal history, and, when applicable, credit and driving history.

Current Employees

The Colorado Community College System reserves the right to conduct a criminal, credit and/or driving background check on a current employee. For employees hired prior to February 1, 2006, written authorization from the employee is obtained prior to conducting a background check. Human Resources annually checks driving records of employees whose position responsibilities include operating a state vehicle. Employees and volunteers are required to notify their immediate supervisor if they are charged of a felony or other offense of moral turpitude that adversely affects the employee’s ability to perform the job or has an adverse effect on the Colorado Community College System no later than five (5) days after the date of such a charge. Employees whose position responsibilities include operating a state vehicle are required to notify their immediate supervisor if their driver’s license is suspended, revoked or canceled no later than five
(5) days after the date of such action.

Current employees who are finalists for positions within the Colorado Community College System are to have a current background check on file. A background check is considered current if it was conducted within the last 12 months. The background check, and credit and driving history if applicable, shall be reviewed according to the position requirements.

Prospective Employees and Volunteers

In order to evaluate qualifications and suitability for employment or volunteering, the Colorado Community College System requires employment finalists and volunteers to provide information on qualifications, previous employment, criminal history, and, when applicable, credit and driving history. After an employment finalist has been identified an offer of employment can be made, but must be contingent upon a successful background check. Background checks shall not be performed until the applicant has been identified as a finalist or a conditional offer of employment has been made to the applicant.

The Office of Human Resources requests a background check from the Colorado Community College System contracted consumer reporting agency as follows:

  1. Criminal history in the states where the individual resides or resided in the past seven years for all employment.
  2. Credit history for positions where credit information is substantially related to the job.
  3. Driving history for employment that includes driving a State of Colorado vehicle or transporting students.

Credit History

The Colorado Community College System will adhere to the Colorado Employment Opportunity Act with regard to obtaining credit information for positions where credit information is substantially related to the job.

Substantially related means the information contained in a credit report is related to the position for which the applicant is being evaluated because the position constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following:

  • Setting the direction or control of a business, division, unit, or an agency of the business;
  • A fiduciary responsibility to the employer;
  • Access to customers’, employees’, or the employer’s personal or financial information other than information customarily provided in a retail transaction;
  • The authority to issue payments, collect debts, or enter into contracts; or
  • Involves contracts with defense, intelligence, national security, or space agencies of the federal government

To assure confidentiality of all applicant information, each Office of Human Resources centrally coordinates the criminal/credit/driving history check process. Results of background checks with criminal/credit/driving history that make a finalist’s suitability for employment questionable are reviewed by the Human Resources Director or designee.

The Human Resources Director or designee consults with the appropriate executive staff member and the hiring supervisor to render a determination in accordance with applicable federal and state statutes on the use of criminal/credit/driving records in selection and employment. Results that indicate any criminal convictions, guilty or nolo contendere pleas, deferred adjudications, deferred judgments, questionable credit history or driving offenses from the age of 18 are considered based on the nature, seriousness, number of and recency of the actions as they relate to the employment involved and their implications for the general safety and security of the campus community. Consideration is also given to the accuracy of the individual’s disclosure of offenses, as well as whether the offenses arose out of employment situations.

Authorizations

In accordance with this procedure, all employment finalists and volunteers are required to sign a Criminal Record Disclosure (Attachment A), a Release Authorization for conducting a background check (Attachment B) and a General Release and Authorization (Attachment C). A refusal to sign these forms will result in the offer of employment being null and void. The Human Resources Office will be responsible for
providing finalists and volunteers with the required forms including a summary of their rights under the Fair Credit Reporting Act.

Notification

In the event that a determination regarding an employee’s, volunteer’s or finalist’s criminal/credit/driving record may result in an adverse personnel decision, the Human Resources Office is responsible for notifying the individual, in writing utilizing the format shown on Attachment D, of the disposition of his/her history check. Individuals may contact the Human Resources Office within ten (10) days of the date of written notification to challenge the results of a history check. Criminal history checks may be challenged by requesting a fingerprint-based verification check, of which the cost is the responsibility of the employee, volunteer or finalist. This waiting period may delay the start date on the offer of employment for up to ten (10) days. In the event a history check is not challenged or if a challenge is unsuccessful, the Human Resources Office is responsible for notifying the individual, in writing utilizing the format shown on
Attachment E, of the final decision disposition.

Departmental Responsibility

Hiring supervisors are responsible for reviewing credentials (e.g. degrees and certifications), confirming employment history and checking references.

The Human Resources Director or designee is responsible for contacting any prior State of Colorado employers. For applicants previously employed by CCCS, Human

Resources shall contact all CCCS colleges disclosed on the Prior Addresses and Prior State Employment Form and the System Human Resources office.

Disqualification

An applicant or employee who provides misleading, erroneous, or deceptive information on an application form, resume, credential documents, disclosure form, or in an interview is immediately eliminated from further consideration for employment or subject to immediate termination.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

ATTACHMENT A

COLORADO COMMUNITY COLLEGE SYSTEM
CRIMINAL RECORD DISCLOSURE

In connection with your application for employment or current employment, we may procure a criminal record and, if applicable to the employment you are applying for, a credit check or driving history report on you as part of the process of considering your suitability for employment with the Colorado Community College System. In the event that either or both of these reports are utilized in whole or in part in making an adverse decision with regard to your potential or current employment, before making the adverse decision, we will provide you with a copy of the criminal record, credit check and/or driving history report as well as a description in writing of your rights under the law.

The Colorado Community College System also reserves the right to conduct a background check on a current employee.

The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. You will find these rights summarized on the attached document. By your signature below, you hereby authorize us to obtain a criminal record and, if applicable to current employment or the employment you are applying for, a credit check or driving history report on you in order to consider your employment with the Colorado Community College System.

Applicant’s Name:
(Please Print)
Applicant’s Address:

City/State/Zip:

Adult criminal convictions, guilty or nolo contendere pleas, deferred adjudications or deferred judgments from the age of 18 must be reported on this form. If the verification results show that false statements, including omission(s), were made, then application for employment, as well as any actions based on it, will be voided and the person will not be eligible for future employment with the Colorado Community College System.

Signature:

COLORADO COMMUNITY COLLEGE SYSTEM

CONVICTION DETAIL

Important Instructions:

  • You must list ALL adult criminal convictions, guilty or nolo contendere pleas, deferred adjudications or judgments.
  • If the position you are applying for involves the operation of a state vehicle, you must list all adult driving offenses and convictions.
  • Complete one section for each conviction, guilty or nolo contendere plea, deferred adjudication or judgment.
  • Each reported record must be fully completed. Leave no blank spaces.
  • Please attach a separate page if additional space is needed.
  • You may not be able to modify this form later.

If you have no convictions, guilty or nolo contendere pleas, deferred judgments and/or deferred adjudications or applicable driving offenses to report, please
check here and sign below.

Convictions, Guilty or Nolo contendere pleas, and/or Deferred Judgments or Adjudications:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

I certify that the statements made by me in this section are true, complete and correct to the best of my knowledge and belief and are made in good faith. I understand that any false statements made herein, including omissions, will void my application and any actions based on it and I will not be eligible for future employment with the Colorado Community College System.

Print Name:

Signature:

Date:

ATTACHMENT B

COLORADO COMMUNITY COLLEGE SYSTEM
RELEASE AUTHORIZATION

  1. In connection with my employment or application for employment, I understand that the Colorado Community College System may procure a criminal record and, if applicable to the employment I am applying for, a credit or driving history report on me as part of the process of considering my suitability for employment with the Colorado Community College System. In the event that any of these reports are utilized in whole or in part in making an adverse decision with regard to my employment or potential employment, before making the adverse decision, the Colorado Community College System will provide me with a copy of the criminal record, credit history and/or driving history report as well as a description in writing of
    my rights under the law.
  2. According to the Fair Credit Reporting Act, I am entitled to know if action is taken or employment is denied because of information obtained from a consumer reporting agency. If so, I will be notified and given the name and address of the agency or the source that provided the information.
  3. I acknowledge that a facsimile (FAX) or photo copy shall be as valid as the original.
  4. I hereby authorize, without reservation, any law enforcement agency, governmental agency, institution, information service bureau, school, employer, reference or insurance company contacted by the Colorado Community College System, or its agent, to furnish the information described in Section 1.

The following information is required by law enforcement agencies and other entities for positive identification purposes when checking public records. It is confidential and will not be used for any other purposes. I hereby release the employer and agents and all persons, agencies, and entities providing information or reports about me from any and all liability arising out of the request for or release of any of the above mentioned information or reports.

Please print your full name:

Last:

First:

Middle:

Please print other names you have used and when they were last used.

Social Security Number:

Date of Birth:

Sex: □ Male □ Female

Race: □ Black, non-Hispanic □ Hispanic or Latino
□ American Indian or Alaskan Native □ White, non-Hispanic
□ Native Hawaiian/Pacific Islander □ Asian

Drivers License Number State Issuing License
Name as it appears on license

Address information for the past 7 years must be reported on this form. If the verification results show that false statements, including omission(s), were made by the applicant, then his or her application for employment, as well as any actions based on it, will be voided and the person will not be eligible for future employment with the Colorado Community College System.

Signature:

Date:

COLORADO COMMUNITY COLLEGE SYSTEM

ADDRESS AND PRIOR STATE EMPLOYMENT INFORMATION
ADDRESS INFORMATION

Present Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Have you lived outside of the state of Colorado in the last seven (7) years?: (circle one) yes no

If yes, please list all previous addresses outside of Colorado within the past seven (7)
years and the amount of time spent at each address:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

Previous Address:

Street:

City:

State:

Zip:

County:

How long did you live at this address?:

PRIOR STATE EMPLOYMENT INFORMATION
Have you ever worked for a community college in the State of Colorado? (circle one) yes no
If yes, list the colleges, dates and positions held.

Have you ever worked for any other State of Colorado employer? (circle one) yes no
(i.e. state agency, institution of higher education)
If yes, list the State employer, dates and positions held:

I certify that the statements made by me in this section are true, complete and correct to the best of my knowledge and belief and are made in good faith. I understand that any false statements made herein, including omissions, will void my application and any actions based on it and I will not be eligible for future employment with the Colorado Community College System.

Print Name:

Signature:

Date:

ATTACHMENT C

COLORADO COMMUNITY COLLEGE SYSTEM
GENERAL RELEASE AND AUTHORIZATION

I, ____________________________________, for myself, my successors, agents and estate, hereby release the State of Colorado, the State Board for Community Colleges and Occupational Education (SBCCOE), Colorado Community College System, including the state community colleges and the central System office, and all current and former employees, agents and attorneys of the State of Colorado from any and all claims, causes of action, liabilities, expenses and for damages which I may assert against any of them as a result of my undergoing an employment or pre-employment background and reference check by the Colorado Community College System. Furthermore, I hereby authorize any former employer and/or agents of a former
employer, to provide information, including but not limited to confidential personnel information, to any representative of the Colorado Community College System upon request.

Furthermore, I ________________________________, for myself, my successors, agents and estate, hereby release any former employer and/or any agents of a former employer from any and all claims, causes of action, liabilities, expenses and for damages which I may assert against any of them as a result of the information they provided to the Colorado Community College System as part of employment or pre-employment background and reference checking on me.

Furthermore, I understand that this release shall be forever binding and no revision, modification or release therefrom may be made without the express written consent of the Colorado Community College System and SBCCOE.

A photocopy of this release will be sufficient to authorize the release of the aforementioned information.

Signature:

Date:

ATTACHMENT D

Date:

Name:

Street:

City/State/Zip:

RE:

Dear

This letter is to inform you that the Colorado Community College System is considering denying you employment based upon your (criminal/credit/driving) record, which we have obtained from our consumer reporting agency.

Pursuant to the Federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. 1681 and Federal Trade Commission Regulations we are required to provide you with a copy of the consumer report containing the aforementioned information as well as a copy of your rights under the FCRA. A copy of the consumer report we received and a copy of your rights under the FCRA are enclosed. The consumer reporting agency retained by (College) is (Company Name and Address). The agency’s telephone number is (Agency Telephone Number).

You have ten days from the date of this letter to contact us to discuss this report with us before we make a final decision. If you wish to discuss this matter with us, please contact the undersigned directly at (Contact Telephone Number).

Sincerely,

Name:

Title:

Department:

Enclosures

ATTACHMENT E

Date:

Name:

Street:

City/State/Zip:

RE:

Dear

This letter is to inform you that Colorado Community College System has determined you are not suitable for employment based upon your (criminal/credit/driving) record. You were provided with a copy of the consumer report we received and your rights under the FCRA in our letter dated (enter date you sent Attachment D letter). This letter included the name and contact information of the consumer reporting agency retained.

You have the right to obtain a free copy of this report and to dispute the accuracy or completeness of this consumer report with the consumer reporting agency within 60 days of this letter. However, the consumer reporting agency did not participate in our decision not to offer you employment. The agency will not be able to provide you with reasons for our decision.

Please contact our office at (Contact Telephone Number) if you have any questions.

Sincerely,

Name:

Title:

Department:

Enclosures