SAN FRANCISCO STATE UNIVERSITY BACKGROUND CHECK OVERVIEW OVERVIEW

SAN FRANCISCO STATE UNIVERSITY BACKGROUND CHECK OVERVIEW

OVERVIEW v v v v v Purpose Individuals Impacted Sensitive Positions When Background Checks are not Required Background Check Requirements Criminal Records Check Limited Exceptions Job Postings Hiring Department’s Role

PURPOSE v The CSU system-wide Background Check Policy HR 2015 -08 mandates background checks for a wide variety of employment situations, including many for which checks were not required previously. v The policy was developed to provide directives and guidance on background checks, which are critical in preventing risk and providing protection to campus employees, students, volunteers, and guests. v The policy was put into effect August 3, 2015.

INDIVIDUALS IMPACTED v New Hires. Below is a list of new hires categories but not limited to: v v v v v temporary probationary intermittent at will emergency hire casual worker special consultant faculty (tenure-track, temporary) student employees

INDIVIDUALS IMPACTED v Current employees who are under voluntary consideration for positions in which a background check is required by law, or who are under voluntary consideration for positions that CSU has designated as a sensitive position (this includes additional appointments). v Student workers in positions that require background checks. v Volunteers, Volunteers consultants, and employees of auxiliaries, outside entities, and independent contractors in positions that require background checks. Note: any employee who has successfully cleared a background check in the previous twelve (12) months is exempt from the background check requirement.

SENSITIVE POSITIONS What is a Sensitive Position? v A sensitive position is designated by the CSU as requiring a heightened scrutiny of individuals holding the position, based on: v potential for harm to children, concerns for the safety and security of the people, animals, or property v or heightened risk of financial loss to the CSU or individuals in the university community v Whether a CSU position should be considered sensitive is determined by the duties and responsibilities of the position and not the job title or classification.

WHEN BACKGROUND CHECKS ARE NOT REQUIRED v Current Employees v Current employees of the CSU are exempt from the requirement for background checks, unless under voluntary consideration for a position in which a background check is required by law or for a position that has been designated as sensitive. Employees who are given the opportunity to be appointed to a sensitive position that requires a background check may decline the opportunity. v Student Workers v A student worker is exempt from the requirement for a background check, unless being considered for a position with duties that would require a background check if performed by a CSU employee, for a position that has been designated as sensitive, or for a position in which a background check is required by law. v FERP Employees v Participants who enter the Faculty Early Retirement Program are not subject to background check requirements for the duration of the FERP appointment, unless they are moved into a sensitive position that would otherwise require a background check. v Employees Re-appointed to the Same Class & Campus within Twelve (12) Months v Former employees who are re-appointed to the same CSU position at the same campus within twelve (12) months after the end of the previous appointment shall not be treated as a rehire as defined under Section III B (“Rehires”) of the policy and therefore will not be required to undergo a background check.

BACKGROUND CHECK REQUIREMENTS v Employment verification – Accurate Background (background check vendor) v Prior employment within the past 5 years v Education verification – Accurate Background (background check vendor) v Educational requirements as appropriate to the position (if the candidate states s/he has a degree and the results state that the employee does not have a degree, whether or not a degree is required, the eligibility of the candidate will be compromised. ) v Reference checks – SFSU Hiring Department v Contact current and former employers to verify the candidate’s work history and skills. (Reference Check form available on HR website) v Criminal records check – Live Scan (if required) or Accurate Background (background check vendor) v The CSU will not consider a conviction that occurred more than seven (7) years before the assessment

BACKGROUND CHECK REQUIREMENTS v The job offer must clearly state that the offer is contingent upon successful completion of the background check, and may be rescinded if the background check reveals disqualifying information and/or it is discovered that the candidate knowingly withheld or falsified information. v All background checks must be completed before the candidate can start working for San Francisco State University. v Current employees moving into a new position must have a background check completed before stating in the new position.

CRIMINAL RECORDS CHECK v The Education Code requires the submission of fingerprints (Live Scan) to the Department of Justice for any employee or volunteer who will have direct contact with minor children at a camp/clinic operated by the CSU or on CSU property and a sex offender registry check. v Bargaining unit employees who have worked in the past or who are currently working with camps and/or clinics on the campus are subject to this requirement unless they have successfully completed a criminal records check and sexual offender registry check within the past twelve (12) months on the same campus. v Campuses may not subscribe to subsequent criminal records updates.

LIMITED EXCEPTION v Limited exceptions may be made by the President or designee when University operations will be adversely affected, such as when it would not be possible to offer a class to students. The job offer: v v v must be in writing, contingent upon completion of satisfactory background check can be rescinded if background check reveals disqualifying information can be rescinded if it was discovered that the candidate knowingly withheld or falsified information v Such an exception will not be permitted where the position is one in which a background is required by law or is designated as a sensitive position.

JOB POSTINGS v All advertisements, notices, and postings for positions that require background check must also state: A background check (including a criminal records check) must be completed satisfactorily before any candidate can be offered a position with the CSU. Failure to satisfactorily complete the background check may affect the application status of applicants or continued employment of current CSU employees who apply for the position. v Job postings shall state that the position has been designated to be sensitive and identify if the position will have access to sensitive data.

HIRING DEPARTMENT’S ROLE The department is responsible for identifying the Background Check Coordinator (the person currently responsible for HR functions in the department) and back-up(s). Once identified, the department will provide the names and e-mails to Background Check Administrator. The Coordinator will serve as the contact for University Human Resources for any issues or questions regarding the recruitment/hiring process. The department Background Check Coordinator will have access to the Accurate Background website in order to initiate background checks for the following positions: v v v v faculty casual workers volunteers EHIREs Special Consultants Independent Contractors Students Unit 11 (ISAs, GAs, & GTAs)

CONTACTS Lindsay Harsha Background Check Administrator 415 -405 -3720 Lkm 77@sfsu. edu