Background Investigation Policy
Date Issued:
10/03/2007
1.0 Policy 
In accordance
with Board of Regents policy, the
University
of
West Georgia has
crafted the following policy. As part of UWG’s hiring procedures, a background investigation
on applicants for full-time, part-time and casual labor employment will be conducted.
This is done to ensure that individuals who join the UWG workforce are well
qualified, are worthy to hold positions of trust, and have honestly presented
their background and qualifications as documented in the application materials.
Offers of employment shall be conditional pending the result
of the background investigation, which shall include, at a minimum, the
following:
- A
state and federal criminal history check covering a minimum of seven (7)
years;
- Nationwide
sex offender search;
- A
social security number check; and
- For
all professional, faculty and academic positions, an academic credentials
check.
Offers of employment
for sensitive positions will be conditional pending the result of a state and
federal criminal history check covering more than the minimum seven years. Sensitive positions are those that involve
interaction with children, after-hours access to facilities, access to
financial resources or student academic records or medical records.
2.0 UWG Standard Background Check
The Office of
Human Resources
will initiate the UWG standard background check for all staff (including
temporary staff) positions and serve as the primary liaison to the background
check agencies. The Vice President for Academic Affairs Office will conduct the
standard background check for all faculty (full-time, part-time and temporary) positions.
The UWG standard background check will consist of the following:
- State and Federal Criminal
History covering a minimum of seven (7) years.
- National Wants/Warrants
- State or National Motor
Vehicle Records Check* determined by how long applicant has lived in
Georgia
- Social Security Number
verification and trace
- Academic Credentials
Verification
- Professional References
- Prior Employment History
- Nationwide sex offender
search
2.1 State and Federal Criminal Record History
This search will return any criminal offenses occurring in the state of
Georgia
.
This information is retrieved from the
Georgia
Criminal
Information
Center
database. If the applicant has lived in
Georgia
less than 7 years, a check
will be conducted in those states where applicant has resided, up to the seven
year mark. Individuals with a felony on his/her criminal record may be
ineligible for employment at UWG (See 5.0 Disqualification of Employment).
2.2 National Wants and Warrants
This search is a nationwide search for any outstanding extraditable warrants
in any state. This could include misdemeanors or felonies. Individuals with
outstanding wants or warrants may not be eligible for employment at
West Georgia. The
University of
West Georgia’s Office of Public Safety
will conduct this portion of the background investigation.-
2.3 State Motor Vehicle Records Check
Certain positions require the operation of a campus vehicle and equipment,
such as a mail delivery van, plant operations maintenance vehicle, media
delivery vehicle, etc. The University Of West Georgia Department of Public
Safety will run this check on perspective employees. If the applicant has lived
in
Georgia
less than 7 years, the applicant will furnish a clean MVR, not older than 72
hours, from those states where applicant has resided, up to the seven year
mark.
It is the responsibility of employees that drive UWG vehicles and equipment
to disclose all moving violations received while driving a UWG or a personally
owned vehicle to his/her manager with 72 hours. Failure to disclose violations
may result in revocation of privilege of driving campus vehicles and equipment
which could result in loss of employment depending on the job requirements.
*Due to recent legislation, employers are not authorized to retrieve
driver’s information in the state of
Georgia
. However, the employer can
require a clean MVR. The responsibility of providing this document rests with
the employee.
2.4 Social Security Number verification and trace
The Office of
Human Resources
will verify all social security numbers for employees through the Social
Security Administration (E-Verify). In order to prevent hiring employees under
fraudulent circumstances, this procedure will be conducted on all temporary and
regular employees.
2.5 Academic Credentials Verification
In order to maintain the integrity and validity of the employment program
and protect the institution from committing a negligent hiring tort, education
will be verified for all faculty and staff.
Faculty applicants are required to submit official copies of their
transcripts in accordance with the faculty hiring policies. Staff, whose
positions require a specified educational level, will submit an official copy
of their transcripts prior to being hired. Falsification of education
credentials will result in immediate termination of employment or
disqualification without right of appeal.
2.6 Professional References
During the hiring process, applicants will submit a list of professional
(work) references to the hiring manager or search chair. It is the
responsibility of the manager or a designated member of the search committee to
contact each of the references.
2.7 Verification of Prior Employment
Verifying employment history is fundamental to establishing the integrity,
performance, and work habits of the applicant. The hiring manager or search
chair will verify the last three positions held by all finalist candidates.
Inconsistencies between the information obtained through verifying employment
and the information provided by the applicant may result in disqualification
from the applicant pool.
2.8
National Sex Offender Search
This search is a nationwide search for any sexual offenses in any state.
This could include misdemeanors or felonies
3.0 UWG Comprehensive Background Investigation
This is an enhanced level of investigation that is applicable to certain
positions on campus. All positions classified at the management level and above
will undergo the comprehensive background check. Employees with significant
fiscal responsibility (financial aid, disbursing checks, accounting and
business functions, budgeting, cashier duties, etc.) are subject to this level
of investigation as well. Employees responsible for the health and welfare of
faculty, staff, & students (providing medical services, such as physical
trainers, rehabilitation coordinators, counselors, etc.) are subject to this
level of investigation. In accordance with state law, Public Safety conducts
the background investigation for the officers and dispatchers in their
department. Employees working with sensitive information, such as BANNER,
PeopleSoft HRMS or Financials are subject to a comprehensive investigation at
the time of hire and on an ongoing basis. Due to the level of responsibility
and accountability, the additional areas will be investigated:
- Sanctions (Where
applicable)
- Credit History
3.1 Sanctions (Where applicable)
The Office of the Inspector General and the
US
General Services Administration
impose health care sanctions against individuals who have committed fraud or abuse
while working in the health care industry. A health care-related sanction is a
legally imposed penalty against a health care worker or health care related
industry for non-compliance or disobedience associated with sections 1128 and
1128A of the Social Security Act. The penalty is disbarment and/or exclusion
from federally funded health care programs for a period of time for the
individual who is found in violation.
For the purposes of this program, all health-care related employees who are
licensed as physicians, dentists, registered nurses, etc will be checked for
sanctions. Sanctions may result in ineligibility for employment at the
University of
West Georgia.
3.2 Credit History Report Check
This search will reveal an applicant’s debt load, payment history and any
public record information (liens, judgments, bankruptcies) – this information
will be assessed to determine their level of responsibility and potential
motivation for misuse of funds. Furthermore, this report can confirm subject’s
social security number, date of birth, residential addresses, and former
employers. As a result, the application data can be confirmed through another
medium.
3.2.1 Positions
Positions involving financial responsibility listed in Section
3.0 are subject to a credit history report check.
3.2.2 Fair Credit Reporting Act (FRCA)
If an adverse employment decision is made based on information
disclosed on the credit report, the employer is required to notify the
applicant in writing as to the reasons why and inform him/her of the necessary
procedural rights under the FRCA.
4.0 Release to Check Background
If the applicant does not complete the form, or if the results of the investigation
indicate any of the reasons for disqualifications identified in section 5.0 of
this policy, an official offer will not be extended, with the approval of the
Background Investigation Committee (see section 5).
5.0 Determining Employment Eligibility
An employee or candidate can be disqualified from employment for any of the
following reasons:
- Conviction of a criminal
drug offense. Such conviction shall
disqualify the person for not less than two years from the most recent
date of conviction. Any person convicted of a subsequent criminal drug
offense shall be ineligible for employment or re-employment for a period
of five years from the most recent date of conviction.
- Any false statement of
material fact in the application materials.
- Membership, past or
present, in an organization advocating the
violent overthrow of the government of the
United States
.
- Conviction of a felony or a
crime involving moral turpitude, unless
pardoned, as per GA law.
- Refusing to submit to a
criminal records / background check and/or pre-employment drug testing, as
required by the position.
- Conviction of an act of
violence in a previous workplace, even if a misdemeanor.
- Police Officers who have
been convicted of a “misdemeanor domestic violence” offense.
Background
Investigation Committee (BIC) – An
administrative committee charged with determining questions of suitability of
hire. The committee will have a minimum
of three members and not more than five members and include a representative
from the institution’s
Human Resources
office, the applicable Hiring Department (i.e. manager or designee), the
institution’s legal advisor (if on campus) and the Public Safety Department.
For
any misdemeanor convictions that were disclosed by the selected candidate in
the application materials, the BIC will determine whether the candidate is
eligible for the involved position based on the job description and the nature
of the crimes for which the candidate was convicted.
6.0 Arrests and
Convictions
Any current employee who is charged with a crime (other than
a minor traffic offense) shall report being charged with such crime to
Human Resources within 72 hours of the employee
becoming aware of such charge. Failure
to report being charged with such a crime may result in appropriate
disciplinary action, including termination of employment.
Human Resources
shall review the nature of the crime and make a determination on what, if any,
action should be taken regarding the employee’s employment status until
resolution of the charge.
Any current employee who is convicted of a crime (other than
a minor traffic offense) shall report such conviction to
Human
Resources within 24 hours of the conviction. Failure to report such conviction may result
in appropriate disciplinary action, including termination of employment. The BIC shall review the nature of the crime
and make a determination on what, if any, action should be taken regarding the
employee’s employment status. The BIC
shall review the crime utilizing the same standards as it applies in reviewing
crimes committed by a candidate.
7.0 Recordkeeping
of Background Investigation Reports
Background Investigation reports should be delivered
directly to Human Resources by the entity performing the investigation. The report will remain with Human Resources
until the determination on employment eligibility has been made and then stored
segregated from the employee’s personnel file. The report itself is not provided to nor maintained by the Hiring
Department.
Reports on all non-successful applicants must be discarded
in accordance with USG Record Retention Guidelines.
Background investigation reports will be deemed confidential and held for a
period of three (3) years after the fact, as detailed in the Records Management
policy of the University System of Georgia (USG), Category G (8): Certificates
of Eligibility.
8.0 Action upon Notification of Adverse Background Investigation
8.1 Applicants
The
Office of
Human Resources will
contact the hiring manager and his /her supervisor and inform them of candidate
ineligibility. The applicant will be notified by the Director of
Human Resources by issuing a pre-adverse action
disclosure including a copy of the candidate’s background investigation report,
the name address and telephone number of the company that conducted the
background investigation and a summary of rights under the Fair Credit Reporting
Act.
The
candidate will be given five working days to provide an explanation in writing
of the circumstances surrounding the results of the background investigation,
including any mitigating factors, and have this explanation considered prior to
the finalization of the hiring decision.
8.2 Investigation of Current Employees
Under ordinary circumstances, post-hiring checks on employees will not be
undertaken. The Office of
Human Resources
will conduct periodic background investigations on those positions of trust and
positions listed as critical to the University. Background investigations will
also be conducted when a current benefits-eligible employee is transferred or
promoted to another position on campus. Examples are listed below:
Faculty
1. A
faculty member being promoted to Department Chair, Director, or other position
of trust would require a background investigation.
2. Faculty
being promoted from one rank to the next (Assistant to Associate or Associate
to Full Professor), without an administrative assignment would, not require a
background investigation.
Staff
1. A
staff member being promoted to a position with an increase in pay grade
(signifying higher level of responsibilities) or expanded financial
responsibilities would require a background investigation
2. A
staff member making a lateral move to a position that is similar to the former
position may not require a background investigation.
Based on the content and requirements of the job and the nature of any
offense found, the Office of
Human Resources
will consult with senior administrators to determine the course of action under
this policy.
9.0 Applicant/Employee Rights
If the background investigation was used as a basis for an adverse
employment decision (selection, disqualification, etc), the applicant or
employee must be notified in writing and be allowed to view the investigation
report. The Office of Public Safety provides this service to the
applicant/employee.
10.0 Conditional Offers of Employment
The Office of
Human Resources
verifies the criminal record information provided on the Application for
Employment for all finalist candidates. Search committee chairs should contact
the Office of
Human Resources after
the employment decision has been made, but before
extending an offer so that his/her verification can be performed. In
certain critical or hard-to-fill positions, offers may be extended to
applicants on a conditional basis before the background check process is
finished. Applicants with an adverse background or criminal records check may
be terminated immediately upon receipt of the official results.
11.0 Definitions
Criminal Record
- Conviction of a crime (any
felony; such as aggravated assault; aggravated
battery; rape; theft by taking; theft by deception; forgery in the first
or
second degree; murder and felony murder; criminal attempt that concerns
attempted murder; robbery; armed robbery; or any offense committed in
another
jurisdiction which, if committed in Georgia, would be deemed to be such a
crime
without regard to its designation elsewhere);
- Arrest, charge, and
sentencing for a crime where: (a) a plea of nolo
contendere was entered to the charge; (b) first offender treatment without
adjudication of guilt pursuant to the charge was granted; or (c)
adjudication or
sentence was otherwise withheld or not entered on the charge; or
- Arrest and being charged
for a crime if the charge is pending, unless the
time for prosecuting such crime has expired (statute of limitations)
Position of Trust
Sexual Offenses
- Involving violence, threats
of violence, or intimidation; and/or
- Involving a child under the
age of consent.
Background
Investigation – An investigation comprised of a criminal background check (including
social security number check and, for positions with access to or
responsibility for money, a credit check.), confirmation of credentials and
confirmation of employment history.
Background
Investigation Committee (BIC) – The administrative committee charged with
determining questions of suitability of hire. Each institution of the University System of Georgia shall form such a
committee. It is suggested that such
committee have a minimum of three members and not more than five members and include a representative from the
institution’s Hiring Office, the applicable Hiring Department, the
institution’s legal advisor (if on campus) and public safety department.
Consent Form – A
form authorizing the institution to conduct a criminal background check. All employment finalists and promotion
candidates at the institution are required to sign a Consent Form to be
considered for employment with the University.
Hiring Department – The department hiring a new employee (whether internally or externally), or
promoting an existing employee.
Moral Turpitude
Courts in
Georgia
have found that moral turpitude “includes everything contrary to justice,
honesty, modesty or good morals.” In
determining whether a crime is one that involves moral turpitude, the courts
have applied the following test: does
the crime, disregarding its punishment, meet the test as being contrary to
justice, honesty, modesty, good morals or man’s duty to man?
The following are some crimes involving moral turpitude:
- Fraud
or false pretenses in obtaining something of value
- Larceny
or a misdemeanor theft by taking
- Larceny
after trust
- Murder
- Soliciting
for prostitutes
- Voluntary
manslaughter
-
Sale of narcotics or
other illegal drugs
- Pattern
of failure to file federal tax returns in years in which taxes are due
- Criminal
issuance of a bad check
- Making
a false report of a crime
The following have been held to be not crimes involving
moral turpitude:
- Public
drunkenness
- Driving
under the influence
- Carrying
a concealed weapon
- Unlawful
sale of liquor
- Fighting
- Simple
Battery
- Simple
Assault
- Misdemeanor
criminal trespass
- Child
abandonment
- Misdemeanor
offense of escape
- Misdemeanor
offense of obstructing a law enforcement officer
- Possession
of less than one ounce of marijuana
