Current through all regulations passed and filed through September 16, 2024
(A) Purpose.
The university of Akron is committed to providing a safe
environment for all students and employees. The university endeavors to protect
the health, welfare and safety of all students, employees and visitors on our
campus. As such, the university will conduct a pre-employment background check
for all applicants selected for employment, volunteer activities and those
individuals working with minors. This background check shall apply, without
limitation, to all individuals selected during the hiring process including all
full-time and part-time administrators, faculty, professional staff
, staff, volunteers and those working with minors.
For individuals who are considered for rehire following an
interrupted period of employment, a background investigation will be required
if there is a break of twelve months or more from the end of the most recent
period of employment. Individuals that have a break in service for less than
twelve months, must disclose any convictions that occurred during the break
prior to commencement of rehire or participation in university activities and
programs.
(B) Conducting
criminal background checks.
(1) Background
checks will be performed once a candidate has been selected for employment and
an offer contingent upon successful background check result has been made, but
prior to the commencement of employment. The applicant for the position will be
required to provide a written release to authorize the criminal background
investigation. In addition, it shall be a condition of employment that all such
individuals submit to the criminal background check procedures.
(2) Certain positions may be subject to
additional background investigation. Other inquiries pertinent to a particular
position, including but not limited to obtaining an applicant's credit history
or driving history, will be obtained as warranted. The determination of whether
additional inquiries may be required, based on the position, will be determined
by the chief human resources officer and the appropriate divisional leader.
(a)
Professional
staff, graduate
assistants, residence assistants, desk assistants, staff, volunteers,
individuals working with minors and such others as designated by the director
of residence life and housing are subject to annual criminal background checks.
In addition to such staff, employees, and volunteers, criminal
background checks also may be required of spouses and adult dependents, as a
condition of being granted permission to reside in the residence halls.
(b) Positions with access to, or
control over cash, checks, credit card accounts, or financially sensitive
information.
(c) Positions that
allow access to personally identifiable information about individuals or
organizations associated with the university or involve the creation or
maintenance of processes required to secure information maintained by the
university, including network administrators, system programmers, human
resources, student employment and university advancement personnel.
(d) Positions requiring the operation of
university motor vehicles or heavy equipment as part of assigned job
duties.
(e) Individuals whose job
duties require them to interact with minors.
(3) The university may utilize a professional
firm specializing in background searches and investigations. All investigations
and records are obtained and handled in a confidential manner and in compliance
with applicable federal and state laws, including the Fair Credit Reporting Act
(FCRA). The university of Akron will pay for all fees associated with the
criminal background check.
(C) Use of information obtained from criminal
background checks.
(1) A plea of guilty to, a
finding of guilty by a referee, jury or court, or a conviction of a crime will
be considered in determining the eligibility of an individual for employment.
The university of Akron will not consider arrests without conviction for
employment purposes unless required by law; provided, however, that in the
event the applicant has an arrest that is pending during the hiring process and
the university determines that the hiring decision cannot be delayed pending
the outcome of the criminal proceedings, the university will, within its
discretion, proceed with the hiring process without further consideration of
the applicant.
(2) Although a
disqualification is possible, in accordance with federal and state laws, a
previous conviction will not automatically disqualify an applicant from
consideration for employment. Background reports that indicate a plea of guilty
to, a finding of guilty by a referee, jury or court, or a conviction of a crime
will be reviewed by a designated individual(s) in the department of human
resources. The chief human resources officer or designee and appointing
authority shall confer with the office of general counsel prior to approving
any action taken under this policy.
(3) In the absence of compelling and
extraordinary circumstances, a plea of guilty to, a finding of guilty by a
referee, jury or court, or a conviction of any of the following normally shall
disqualify an applicant from employment:
(a) A
felony as defined by the Revised Code.
(b) A sexual offense, as defined in Chapter
2907. of the Revised Code.
(c) An
offense of violence, as defined in division (A)(9)(a) of section
2901.01 of the Revised
Code.
(d) A theft offense, as
defined in division (K)(1) of section
2913.01 of the Revised
Code.
(e) A drug abuse offense, as
defined in division (G) of section
2925.01 of the Revised
Code.
(f) Substantially comparable
conduct, at the university's sole discretion, to paragraphs (C)(1) to (C)(5) of
this rule, occurring in a jurisdiction outside the state of Ohio.
(4) In addition, the following
factors will be considered for those applicants with other potentially
disqualifying criminal records in determining whether to extend an offer of
employment:
(a) The nature or gravity of the
offense(s);
(b) The time since the
conviction and/or completion of the sentence; and
(c) The nature of the job held or
sought.
(5) If a guilty
plea, finding of guilty, or conviction is discovered, the applicant will be
given an opportunity to discuss the findings of the criminal background report
with the designated individual(s) in the department of human resources. If, at
any time it is determined that an applicant attempts to withhold information or
falsifies information pertaining to previous convictions, the applicant
immediately will be removed from consideration for employment. If an applicant
does not disclose or otherwise withholds or falsifies information pertaining to
a criminal record during the hiring process, and is later found to have such a
record, it will be considered sufficient grounds to terminate the individual's
employment.
(D) Offer of
employment. Generally, no one should be hired prior to obtaining the results of
background checks. However, it is recognized that there may be extenuating
circumstances that necessitate the start of employment before the background
check results are received. In these limited situations, employment is
contingent on the results of the background check. Information obtained from
the criminal background check will be used as part of the employment process
and will be kept confidential to the extent permitted under Ohio law.
(E) Standards. Faculty, staff,
professional staff, student employees, graduate
assistants, and volunteers working with minors must self-disclose felony or
misdemeanor convictions that occur after hire within three days of pleading
guilty or being convicted.
(F)
Procedure for effecting criminal background checks. The procedure for effecting
criminal background checks shall be under the authority of the university of
Akron's department of human resources.
