Employee Criminal Background Check
1.0 INTRODUCTION
The University of Wisconsin-Stout (UW-Stout) is committed to ensuring a safe campus environment for students, employees and visitors through the performance of criminal background checks. This policy provides guidelines for performing criminal background checks on current or prospective university employees. This policy is effective starting December 1, 2008.
A criminal background check is part of a general background review on potential employees. A criminal background check is not a substitute for contacting references and verifying credentials.
The authority, purpose, priorities and limitations associated with the criminal background checks are established in Regent Policy#20-19, Resolution 9276, adopted 12/8/06, as well as in law, including but not limited to:
- Chapter 48 Wisconsin State Statutes---Wisconsin Caregiver Law
- Wisconsin Act 350---Fiduciary Responsibilities
- Public Health Security and Bioterrorism Preparedness and Response Act of 2002
Agricultural Protection Act of 2002
2.0 STATEMENT OF POLICY
2.1 A “new hire” in a faculty or academic staff position shall be defined as any prospective employee that is not currently a UW-Stout employee or an employee of another UW System institution. A “new hire” in classified service shall be defined as any prospective employee that is not currently a UW-System or other State of Wisconsin agency employee. Current UW-Stout employees or employees of other UW System institutions who are moving to a position within UW-Stout, through transfer, promotion, or otherwise, will not be subject to a criminal background check unless such a check is otherwise required by law (e.g. the fiduciary responsibility law or caregiver law) or is in a position of trust or where the majority of the person’s duties will be performed within student residence halls.
2.2 UW-Stout will conduct criminal background checks for the following employee groups:
2.2.1 New hires selected for all new unclassified, classified, and limited term (LTE) positions,
2.2.2 volunteers, interns, part-time employees and student employees who are hired in positions that require criminal background checks by State and Federal Law or that UW-Stout considers a position of trust, or if the majority of the person’s duties will be performed within residential facilities.
2.3 Employees may not commence employment until a successful criminal background check has been completed. Criminal background checks may be completed before an offer of employment is made or may be made contingent on successful completion. Requests for exception to begin employment prior to the completion of the criminal background check may be granted in writing by the Chancellor or designee.
2.4 If an individual being considered for a position has a criminal conviction or pending charge that is “substantially” related to the job responsibilities that individual may not be employed in that position (see Appendix C for more details). If an offer has been extended or an exception granted, and a determination has been made that the criminal conviction record is substantially related to the job responsibilities, the offer will be rescinded and employment terminated.
2.5 Information collected in connection with the background check will be treated confidentially to the extent permitted by the Wisconsin Public Records Act and other applicable laws. The Chancellor will designate an individual(s) in Human Resources responsible for all aspects of conducting criminal background checks and ensure that appropriate training is provided.
2.6 UW-Stout will comply with the Wisconsin Fair Employment Act and other applicable laws to ensure individuals are not discriminated against because of arrest or conviction records.
3.0 IMPLEMENTATION OF POLICY
Procedures for implementation of the Criminal Background Check Policy are as follows:
3.1 UW-Stout, and the hiring departments, will incorporate the steps described in Appendix A into its hiring process.
3.2 Criminal background checks will be performed by the Human Resources Office, or designated office where applicable, as described in Appendix B.
3.3 Once the criminal background check is completed, the university will make a hiring decision based on the procedures described in Appendix C.
3.4 Records gathered as a result of a criminal background check will be kept as described in Appendix D.
Appendix A. Hiring Procedures
Appendix B. Conducting Criminal Background Checks
Appendix C. Determination of Employment Based on Background Check
Appendix D. Maintenance of Records
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University
of Wisconsin-Stout Policy