Administrative Policies
University Policy Number 2221
Subject: Criminal Background Investigations
Responsible Parties: Human Resources and Payroll
Procedures: Criminal Background Investigations
Procedures
http://hr.gmu.edu/gen-info/backcheckproc.pdf
Related University Policies: Appendix; Guide to Selected Functions and Background Investigations; Criminal Background Investigations FAQ (in process)
I. SCOPE
This policy applies to new employees, rehired employees, and employees
who transfer into selected classified, administrative/professional faculty,
instructional faculty, and research faculty positions as of March 1, 2006.
Certain other positions may be designated as well. Section IIB applies
to all Mason employees.
II. POLICY STATEMENT
A. To protect the welfare and provide for the safety
of the students, employees, and institutional resources of George Mason
University, Human Resources and Payroll will conduct a criminal background
investigation on new and rehired employees, and employees who transfer
into selected classified, administrative/professional faculty, instructional
faculty, and research faculty positions. The university reserves the right
to conduct a criminal background investigation on other employees as needed.
For all other employee types (hourly, adjunct, etc.), departments must
assess the need for criminal background investigations considering length
of employment and performance of duties defined herein.
Applicants will be advised that a criminal conviction investigation is
a condition of employment and that all convictions must be included on
the application and/or disclosed during the employment/orientation process.
Criminal background investigation records will be received and maintained
as part of a confidential file (to the degree possible) in Human Resources
and Payroll, separate from employee personnel files.
If an applicant or employee possesses an active security clearance
issued by the US Federal Government, proof of that active security clearance
will be considered in lieu of conducting a new criminal background check.
The accuracy and completeness of the disclosure of prior criminal convictions
revealed in the employment/orientation process will be verified. Convictions
disclosed or discovered in the employment/orientation process will influence
the selection of the applicant where such information is job related or
related to alcohol, drugs, violence, or illegal sexual behavior (including
but not limited to the individual listed on the Sex Offender Registry).
B. Every employee must inform his/her supervisor or departmental
designee within five business days if he/she is convicted of a crime (not
including traffic infractions). The university reserves the right to then
conduct a criminal background check when circumstances are identified
that warrant further investigation. Results of the background check will
normally not affect opportunities for continued employment. However, if
information discovered regarding prior or current convictions leads to
the conclusion that the safety of students, clients, and/or coworkers
may be compromised, the individual may be reassigned or his/her employment
may be terminated. Reporting of convictions is applicable to all employees,
whether or not their positions are subject to an original background check.
III. RESPONSIBILITIES
Department Heads, Hiring Supervisors and/or Human Resources Liaisons will
be responsible for their department’s adherence to this policy,
including clear communication of this requirement to job candidates.
Human Resources and Payroll is responsible for the management of the
policy, including overseeing the criminal background investigation process,
confidentially reporting job-related negative results to the appropriate
individual in the hiring department, and the confidential storage (to
the degree possible) of all findings separate from the employee personnel
files.
IV. SANCTIONS
Those who violate the terms of this policy, including violations of confidentiality,
are subject to disciplinary action, including termination. Failure to
disclose a conviction(s) is deemed falsification of application and may
result in termination. An employee who fails to disclose being convicted
of a crime within five business days of being convicted is considered to
be in violation of a condition of continued employment and may result
in termination.
V. DEFINITIONS – Please See Appendix
VI. EFFECTIVE DATE AND APPROVAL
This policy is effective March 1, 2006. This policy shall be reviewed
and revised annually, if necessary, to become effective at the beginning
of the university’s fiscal year, unless otherwise noted.
Approved:
_______________________
Maurice W. Scherrens
Senior Vice President
________________________
Peter N. Stearns
Provost
Date approved: February 27, 2006