Human Resources
Board of Trustees Policy
SUBJECT:
Pre-Employment Background Checks
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NUMBER:
6.10
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DATE:
January 2011
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SUPERSEDES:
September 19, 2005
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Purpose
In keeping with Montgomery County Community College’s goal of building a modern and model workplace and of providing a safe and secure environment for the campus community, the College will conduct pre-employment background checks on candidates recommended for hire as outlined below.
Policy
The Human Resources Department of Montgomery County Community College shall initiate an appropriate pre-employment background check on every new hire. The Human Resources Department will initiate all pre-employment background checks with the exception of Act 151 childcare worker clearances. Pre-employment background checks will be conducted by an independent entity whose primary business it is to conduct background checks.
Procedure
As part of the application process, following the recommendation to hire, the selected candidate will receive a memo from the College explaining the electronic background check process and outlining the College’s intent to conduct a pre-employment background check. The background check company contacts the selected candidate electronically with a secure login and password where they will read the summary of their rights under the Fair Credit Reporting Act (FCRA) and complete the pre-employment background check form. As a condition of employment, candidates must sign an authorization for release of information covered by the FCRA. Candidates unwilling to sign the authorization form will be eliminated from the selection process.
Act 151 child abuse clearance, required by the Commonwealth of Pennsylvania, will be obtained by the selected candidate. Individuals working with children under the age of fifteen in school age programs have legislatively dictated background check requirements. The clearance for these candidates typically takes three weeks. Childcare workers are permitted to work for thirty days without clearance if they sign the disclosure form provided to them by the Commonwealth of Pennsylvania. These candidates may be hired pending the successful outcome of the child abuse clearance process and the pre-employment background check.
Offers of employment will not be made to candidates recommended for hire until pre-employment background check results have been obtained and reviewed to the satisfaction of the Executive Director of Human Resources or to the satisfaction of his or her designee. When adequate time does not exist to complete the pre-employment background check process, such as with adjunct faculty, obtaining a satisfactory background check will be a condition for continued employment
Pre-Employment Background Check Levels
There are five levels of pre-employment background checks used by the College. The hiring manager determines the level that is required for a vacant position. The pre-employment background check levels are as follows.
Level 1 – Criminal Package
Level 2—Criminal Package + Motor Vehicle Records (MVR)
Level 3—Criminal Package + MVR + Education
Level 4—Criminal Package + Education
Level 5—Criminal Package + Education + Credit
Criminal Package consists of
- Criminal Felony and Misdemeanor—Performs fundamental criminal searches that reveal felonies and misdemeanors by searching county courthouse records corresponding to an applicant’s address history. This search finds, confirms, and reports a candidate’s felony and misdemeanor records history.
- SSN Trace—Reveals the names and addresses associated with a Social Security Number (SSN) using credit bureau records. This provides the essential information necessary for other services and can help detect an incorrect or compromised SSN.
- National Criminal Search—Report includes state and county criminal records, parole records, and sex offender registry checks. As opposed to the Criminal Felony and Misdemeanor search, this search provides information about crimes committed in areas where the applicant did not live. This search is based on the applicants name and date of birth.
- National Sex Offender Registry—Reveals records for known sex offenders by checking U.S. Department of Justice databases. Results include registered sex offender information for all fifty states, the District of Columbia, Puerto Rico, and Guam.
Education Report confirms degree, certificate, or diploma claims directly with institutions or their authorized agents. Results are checked against a database of fictitious schools and diploma mills and include institution name, dates of attendance, current status and degree, certificate, or diploma issued with award dates.
MVR Report (Motor Vehicle Records) reveals the status of an individual’s driver’s license, license type, endorsements, restrictions, driving violations, suspensions, and revocations. An MVR check is recommended for any applicant that may be driving a truck, company car, or heavy machinery. In some states, convictions such as driving under the influence (DUI) are not reported on court records but are revealed in the driving record.
Credit History Check reviews the comprehensive credit history of a candidate. It provides information about the status of negative accounts, accounts in collections, inquiries by third parties, and more. Understanding credit history may be relevant for individuals with access to cash, budgets, or discretionary spending.
Pre-Adverse and Adverse Action Procedures
When an adverse report is received, the College will notify the candidate by written communication that the results of the pre-employment background check warrant further review. The candidate will be sent the Background Inquiry Statement of Explanation as well as a Summary of Rights under the Fair Credit Reporting Act and the consumer credit report. The candidate will be given three days to explain the adverse information. If the candidate does not supply a satisfactory justification explaining the adverse information within three days, he or she will no longer be considered a candidate for the position in question.
The adverse information obtained from the reporting process will be reviewed by the Executive Director of Human Resources or his or her designee and the hiring manager.
If the College declines to hire a candidate due to information uncovered as a result of the pre-employment background check, the Human Resources Department will notify the candidate using the Notice of Adverse Action letter that he or she is not eligible for employment at the College.
Information uncovered through the pre-employment background check will remain on file in the Human Resources Department, along with other materials related to the application process, for the period of time mandated by law.
