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Preamble:
Regents
policy requires that each state university require a criminal
background check
on each person hired for a state university position, other than
temporary or
limited term employees employed for six months or less or student
hourly
employees. This statement is intended as
the University’s plan for implementing Regents policy.
Policy Statement:
1. For purposes of this policy, a criminal background check shall include:
| a. |
Criminal history record searches
for felony and misdemeanor convictions at the county and federal levels
in every jurisdiction where the candidate currently resides or has
resided. Such searches should cover a minimum of the last seven
years. |
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| b. |
sex offender registry searches
at the county and federal levels in every jurisdiction where the
candidate currently resides or has resided; and |
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| c. |
other verifications as required
by law for specified positions. |
3. All
job advertisements from Wichita State University shall refer to the
Board of
Regents requirements regarding criminal background checks and advise
job
applicants of the necessity of providing a release for the University
to
perform the required criminal background check.
No criminal background check shall be performed without prior
authorization and a release from the job applicant.
4. A
criminal record1 will not
automatically disqualify a candidate from employment
with the University. University
personnel will review the nature and relevance of the candidate’s
criminal
record in relationship to the position offered, as well as review
subsequent
employment and conduct to seek to determine if that criminal history
reasonably
bears upon the candidate’s trustworthiness, or the safety or well-being
of the
University’s faculty, staff, students, visitors and guests.
5. Any
applicant who is not extended an offer of employment and/or whose
contingent
offer of employment is withdrawn as a consequence of the results of a
criminal
background check shall be so advised and informed of the determined
relevance
of the information received from the criminal background check. The applicant will be allowed to provide
responsive information regarding their criminal history record,
including
evidence of rehabilitation, educational achievements, and the length of
time
since the last criminal conviction and other extenuating circumstances
or
factors of mitigation.
6. Records
gathered as part of a criminal background check shall be maintained in
a secure,
confidential location. Information
regarding the review will be shared only with those responsible for or
reasonably involved with the hiring decision.
7. Wichita
State University reserves the right to require a criminal background
check that
is more extensive than that set forth in paragraph 1 above and/or to
require a
criminal background check for positions other than those set forth in
paragraph
2 above. In addition, Wichita State
University shall implement any additional requirements imposed by law
or contract with
regard to certain positions.
8.
Wichita
State University shall comply with applicable provisions and
requirements of
the Fair Credit Reporting Act and K.S.A. 22-4710, as amended.
___________________
The Vice President and General Counsel shall have primary responsibility for publication, dissemination and implementation of this University policy.
Effective Date:
August 31, 2008
Revision Date:
September 19, 2008