St. Cloud State University Policies & Procedures

Required Verification of Qualifications:

The verification process may include, but is not limited to, an analysis of public and private documents; contact with former employers; verification with educational institutions or licensing/credentialing boards; information from criminal background check providers; contact with professional references; and other pertinent information and resources.

St. Cloud State University will conduct the verification of qualifications listed within this section on successful candidates for all positions.

1. Hiring official will verify all job-related information to include assuring that advertised minimum qualifications and any licenses and certifications required as a minimum qualification for the position, are possessed by the candidate. 
2. Hiring official will assure that admission materials are reviewed or verified.
3. Hiring official will assure that the applicant’s current/former supervisors are contacted to conduct a reference check for the past ten years.
4. The employing department will be responsible for any fees associated with any of the components of the criminal background check process.
5. Hiring official will work with Public Safety and Human Resources to complete the process including obtaining signed authorization forms and paperwork needed to charge back to the department.
6. Hiring official will assure that all university-specific statutorily required criminal background checks have been conducted. It is the responsibility of the hiring official to specify these in the notice of vacancy. Examples are criminal background checks required by the Kari Koskinen statute and checks required for licensed counselors and psychologists.
7. Driver’s license checks will be performed on the successful candidates for all positions determined to be covered by the statewide policy on driver’s license and record checks.

Required Criminal Background Checks:

Positions will be evaluated by Human Resources and the hiring supervisor prior to posting or recruitment to determine whether a job-related basis exists, given the nature of the work and the job duties, to require criminal background checks.

Job-related criteria include:

• job duties and nature of the work including whether there is access to minors and/or vulnerable adults, funds or protected data and systems;
• job relatedness and business necessity; and
• consistency with positions performing comparable job duties with comparable work conditions.

In all cases requiring criminal history check, these criminal background checks shall not be initiated until an applicant is selected for an interview. Criminal background checks will be performed either prior to an offer of employment or immediately after acceptance of the conditional offer of employment. The individual is required to complete the data privacy notice and consent form [formerly called the “Tennessen” form] and provide their legal name, date of birth, and social security number if applicable. These data will be provided to the authorized entity or vendor performing the criminal background check.

Examples of positions at St. Cloud State University that will always require criminal background checks are (including but not limited to):

• General Maintenance Workers if working in Residential Halls
• General Maintenance Worker Leads
• Residence Hall Directors
• Psychotherapists/Psychologists
• Building Service Supervisors
• Campus Security Officer
• Campus Security Supervisor
• Access Control Manager
• Safety Administrator
• Residential Life leadership positions with access to residence halls
• Positions that Work with Minors in Campus Sponsored Camps or Special Programs

The offer of employment must be withdrawn if the individual fails to complete the consent form.  

It is recommended that new hires who require criminal background checks not be allowed to start employment until a criminal background check has been completed and is approved as satisfactory. 

No employee in a position that requires a criminal background check will be issued keys or electronic access until a criminal background check has been completed and is approved as satisfactory.  Any request for exception to this requirement must be made to the Vice President of University Affairs. Exemption approvals must be written and sent to Human Resources and Public Safety before access can be given.

Process:

1. The hiring official will review the list of positions above.  If a position is listed as being a position that requires a criminal background check, a criminal background check will be required.
   1. If the hiring official is unsure if the position requires a criminal background check or not, the hiring official will consult with Human Resources to make that determination.
2. If a current employee whose previous position did not require a criminal background check moves into a position that requires a criminal background check, this process will be followed for purposes of completing a criminal background check for the new position. The hiring official/new supervisor must review any transfers/bids/other moves for compliance with this policy.    
3. The hiring official will contact the designated supervisor at Public Safety to request a criminal background check.
4. Criminal background check results will be received and reviewed according to this policy.
5. Human Resources will maintain criminal background check results in a criminal background check folder separate from the employee personnel file, and separate from the search file.
6. Human Resources will have documentation in the employee personnel file that a criminal background check was completed.

Criminal Background Check Outcomes:

If the criminal history check indicates that there are no convictions, the vendor will inform the initiator of the request who in turn will inform the applicant that the employment offer is confirmed.

If the criminal history check indicates that there are convictions, the vendor will inform the Human Resource office. Arrests will not be considered. Human Resources will provide a copy of the report to the individual. All related information is private under Minn. Stat. 13, available to the candidate and to St. Cloud State University employees who require access to the data to perform their work for SCSU.

Human Resources in consultation with Minnesota State Labor Relations Staff, will evaluate each conviction, including any additional information that the individual provides, before the offer of employment is confirmed or withdrawn. The existence of a conviction does not automatically disqualify an individual from employment. Relevant considerations may include, but are not limited to, the nature and number of the convictions, their dates, and the relationship that a conviction has to the duties and responsibilities of the position. Any decision to accept or reject an individual with a conviction is solely at the discretion of St. Cloud State University. Human Resources will ensure that this determination complies with FCRA, M.S. 364 and all other relevant laws and considerations.

In the event that the results of the criminal background check influence a decision to withdraw an employment offer or separate employment, the campus Human Resource office will inform the hiring department and the individual and ensure that adverse and pre-adverse action notification requirements of the Fair Credit Reporting Act (FCRA) and the notification and evidence of rehabilitation requirements of M.S. 364 are met.

All results of criminal convictions or failure to comply with offender registration requirements are considered private and will be maintained by Human Resources until destroyed according to the record retention schedule for the Human Resources office. If records are required to be held at the specific work site of the employee for auditing purposes they will be maintained there in a secure manner.

If a vendor was used to conduct the criminal history background check, then the pre-adverse action and adverse action notice provisions of the Fair Credit Reporting Act (FCRA) apply.

Human resources, background checks, criminal background checks, criminal history, MnSCU labor relations, Fair credit reporting, additional background checks, vulnerable adults,