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Criminal Background Check

HROG Section:
Employment
Document Title:
Criminal Background Check (CBC)
Initial Date Posted:
Aug. 1, 2000
Board Approval:
Revised Per Board Approval: June 4, 2002
Applies To:
All employees and potential employees who have contact with minors (children under 18 years of age) as a regular part of their position. All employees and potential employees who by the nature of their position have cash handling responsibilities handle/access credit/debit card information.
Source:
District Human Resources
Related TASB Policy:
DC (regulation)
Last Date Revised:
Spring 2007

Purpose

The District will not employ a person who has been convicted of any felony or misdemeanor involving any type of sexual contact with a child or abuse of a child, which includes but is not limited to indecency with a child, injury to a child or endangerment of a child. A conviction includes deferred adjudication. In addition, the District will not employ a person who has been convicted of any felony or misdemeanor involving any type of theft, burglary or robbery as defined in the Texas Penal Code, as amended, unless the misdemeanor is minor in nature and the applicant for employment has a background that is otherwise clear of criminal convictions. A conviction includes deferred adjudication.

The District shall not contract with an independent contractor that permits any of its employees to have regular contact with minors as a result of the contractor's business relationship with the District if the employee has been convicted of any felony or misdemeanor involving sexual contact with a child or abuse of a child, which includes but is not limited to indecency with a child, injury to a child or endangerment of a child.

Background

Under authority of Subchapter E of Chapter 51 of the Texas Education Code and the Fair Credit Reporting Act (15 USC 1681 b (b) et seq.), the District shall require a criminal-history check of its employees, applicants for employment, authorized volunteers and employees of independent contractors that do business with the District if the employment or relationship with the District involves:

  1. Regular contact with minors;
  2. Access to credit or debit card account numbers;
  3. Handling of currency; or
  4. Working in an area designated as a security-sensitive area.

Definitions

In this regulation:

  1. Regular contact means frequent interaction with minors or frequent access to areas where minors are present.

  2. Employee means any District employee, including a student assistant.

  3. Minor means a person who is younger than 18 years.

  4. Authorized volunteer means a person who is designated for District insurance purposes as authorized volunteer, but does not include a person whose criminal history is checked by another entity.

Eligibility

An applicant for employment or an existing employee must consent to a criminal history check, on a form provided for that purpose, if they wish to obtain or continue employment in a position that involves regular contact with minors. An authorized volunteer must consent to a criminal-history check in the same manner as an employee.

This regulation is effective for all first-time employees, volunteers and independent contractors on Aug. 1, 2000. It is effective for all other employees on Jan. 15, 2001.

Procedures

The District Director of Human Resources or designee shall conduct a criminal-history check upon an applicant for employment or employee if the person's employment involves regular contact with minors or if they have regular responsibility in handling currency on the District's behalf. An offer of employment is contingent upon a successful criminal history check in accordance with District policy. The Director of Human Resources may designate any area as security-sensitive, and within the area the Director shall designate any position as security-sensitive if the position involves regular contact with minors.

Appropriate District officials shall ensure that all authorized volunteers and independent contractors shall conform to the District policy concerning criminal-history checks.

 

Consideration for Employment Procedures

 

Notice of Vacancy

 

Before the Director of Human Resources or designee performs a criminal-history check, a notice of vacancy and job description must contain:

 

1. language that indicates a criminal-history check will be performed; and

 

2. a security-sensitive designation. 

Only item 2. above applies if a notice of vacancy is not normally posted for a position.

 

Continued Employment with the DCCCD Procedures 

Frequency

 

Under this regulation, the College District director of human resources or designee will perform a criminal-history check every five years on each employee beginning on January 15 if the employee's employment is in an area designated as a security-sensitive area as described in DC(LOCAL). 


Continued employment  is contingent  upon a successful criminal-history check in accordance with
District policy. A successful criminal check is one as defined in the Purpose statement which says:

 

The District will not employ a person who has been convicted of any felony or misdemeanor involving any type of sexual contact with a child or abuse of a child, which includes but is not limited to indecency with a child, injury to a child or endangerment  of a child. A conviction includes deferred adjudication. In addition, the District will not employ a person who has been convicted of any felony or misdemeanor involving any type of theft, burglary or robbery as defined in the Texas Penal Code, as amended, unless the misdemeanor is minor in nature and the applicant for employment has a background that is otherwise clear of criminal convictions. A conviction includes deferred adjudication.

 

Any employee or an employee of a contractor  who fails the renewal of a criminal background check or upon discovery of infractions of a person who has been convicted of any felony or misdemeanor involving any type of sexual contact with a child or abuse of a child, which includes but is not limited to indecency with a child, injury  to a child or endangerment  of a child, is subject to immediate termination.  A conviction includes deferred adjudication. In addition any employee or an employee of a contractor who fails the renewal of a criminal background check or upon discovery of infractions of a person who has been convicted of any felony or misdemeanor involving any type of theft, burglary or robbery as defined in the Texas PenalCode, as amended, unless the misdemeanor is minor in nature and the applicant for employment has a background that is otherwise clear of criminal convictions, is subject to immediate termination.A conviction includes deferred adjudication.

Employee Responsibility

HR Responsibility

Campus/Location Role:

  1. The campus/location will identify individuals that need a criminal background check conducted and attain all necessary paperwork and signatures.

  2. The campus/location will image Criminal Background Request Forms into the PaperWise Imaging System. Documents should be saved into:

        • File Cabinet: C-Human Resources-Restricted
        • Document Category: CBC
        • Document Type:  Criminal Background Check
  3. After District Human Resources has notified the campus/location of result of criminal background check, the campus/location will notify the appropriate department/division of clearance.

  4. If the individual is not currently in the system and is hired, it is the responsibility of the campus/location to enter the date of clearance on the XDAT screen upon set-up of the individual.

District Human Resources Role:

  1. District Human Resources will search and print all documents scanned into system the prior working day. (e.g. Monday images will be printed and processed on Tuesday).

  2. If CBC request is incomplete an email will be sent to the campus/location to have further information submitted before proceeding.

  3. If CBC request is complete District Human Resources will submit the CBC request.

  4. Upon receipt of results District Human Resources will inform campus/location of result via email.

  5. Upon receipt of CBC result, DHR will input the date of the actual receipt of result into the XDAT screen for current active employees in the system.  If an individual is not currently in the system, it will be the responsibility of the campus/location to enter that date into the XDAT screen at the time the individual is set up in the system.

Forms Retention/Destruction:

  1. Campus/Location - After the results have been relayed to the campus/location, the original Criminal Background Check Request form will be shredded and destroyed.

  2. District Human Resources -  Retains complete Criminal Background Check file for the required retention period of two years.  All completed CBC forms, results and notifications will be scanned by DHR back into the PaperWise system for retention.

Exceptions To Policy

Other Notes

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