Date Issued:
September 22, 2000

Date Revised:
June 2006

POLICY

Saint Louis University seeks to provide a safe and productive environment for patients, employees, students and visitors. To accomplish this goal, the University performs criminal history record checks for certain positions to identify individuals who have committed serious crimes and are disqualified from employment by law or because their presence in the work place would create an unacceptable risk to our University community.

SCOPE

This policy is applicable to all full-time, part-time, or temporary faculty, staff and volunteer positions where it is required by law or prudent to complete a criminal history record check and exclude persons with a criminal history from employment. The University currently conducts criminal history record checks for positions in public safety, residence halls, union employees and those health care positions with duties that involve direct care for patients, residents, or clients. The University reserves the right to perform criminal history record checks for other positions or in individual circumstances whenever it is deemed appropriate to protect the interests of the University.

PROCEDURES

1. The human resources department will initiate a criminal history record check for both current employees and for candidates seeking positions for which review is required as designated by the University’s Vice President for Human Resources after consultation with the appropriate Vice President or administrator and the Vice President and General Counsel.

2. A criminal history record check form will be forwarded to the applicant at the time they become a finalist for the position. The information provided on the criminal history record check form is confidential and seen only by human resources employees.

3. A candidate selected for hire into a designated position requiring a criminal hisotry record check will be contacted by the human resources recruiter. Record checks are not conducted without a cnadidate's knowledge. A job offer for a designated position will not be extended until the record check is completed and the report obtained.

4. If a criminal history record check is reported affirmatively, Human Resources will consult with the Office of the General Counsel and the hiring manager to determine whether or not the employee or candidate should be disqualified from employment due to legal requirements or other considerations. Except where employment is expressly prohibited by law, the University will review each individual’s criminal history and consider factors such as, but not limited to, the nature and age of the crime(s) reported, the position sought and duties, rehabilitation, the candidate’s employment history, and references. In the case of a disagreement among these parties on whether there are grounds for disqualification, the Vice President for Human Resources, Vice President and General Counsel, and Provost will review the case and make the final decision.

5. Prior to taking any adverse employment action based on information contained in a criminal history record check report obtained from a consumer reporting agency, human resources will provide the employee or candidate a copy of the report and a notice summarizing the individual’s rights under the Fair Credit Reporting Act. The employee or candidate will also be given information on the credit reporting agency providing the report and a reasonable opportunity to submit information to human resources disputing the accuracy or completeness of the report before a final decision is made and communicated.

6. In the event of a discrepancy in a criminal history record check report involving the individual’s identity, a criminal background fingerprint check will be requested from the St. Louis Metropolitan Police Department. The University will take appropriate interim steps regarding any current employee’s employment status until the report of the fingerprint-based check is received.

7. If a candidate did not disclose a criminal history on his/her application and is found to have such a record, a job offer may be rescinded or employment terminated due to falsification. Human Resources will notify the department and the candidate as soon as possible after the decision is made.

8. The results of the criminal history record check and fingerprint check will be placed in each employee’s or candidate’s file and marked confidential. This information will be disclosed only to University personnel who need to know or as otherwise required by law.

9. Special procedures may have to be observed to comply with laws in states imposing mandatory criminal history record checks. The d epartment of human resources, in consultation with the office of the vice president and general counsel, will establish separate written guidelines and procedures for particular jurisdictions and designate human resources personnel responsible for compliance.

10. For purposes of this policy, evidence of a criminal history includes any conviction or plea of guilty, a plea of no contest, a suspended imposition of sentence, any suspended execution of sentence, any period of probation or parole, or any other action (other than an arrest record) involving a finding that an individual committed or attempted to commit a crime.