HR-504 Background Checks and Criminal Convictions

Summary

The University of Missouri is dedicated to maintaining a safe and productive environment for students, employees, and visitors.  This policy describes the background checks required of the final candidate for employment, provides guidelines for the use of background information in assessing eligibility for employment, and imposes a requirement for final candidates and employees to timely disclose background information that may affect their eligibility for employment. The University may require additional background checks or disclosures not described in this policy, including but not limited to background checks or disclosures required by federal or state law, by contract or agreement, or as approved by the applicable University, MU Health Care, or UM System Human Resource office.

HR Policy Provisions

1. Scope
   
   1. Background checks will be conducted on the following:
      
      1. New hires and rehires for academic staff appointments including benefit-eligible and non-benefit eligible.
      2. New hires and rehires for administrative, service and support staff positions including benefit-eligible and non-benefit eligible.
      3. Employees who have a break in service and return to the university are subject to a background check pursuant to this policy.
      4. Current employees transferring into a position involving responsibility for patient care (e.g. MU Health Care transfers or promotions).
      5. In other instances as required by federal or state law, by contract or agreement, or as determined by the applicable University, MU Health Care, or UM System Human Resource office.
   2. Background checks generally are not required on the following, unless required by federal or state law, by contract or agreement, or as determined by the applicable Human Resources office:
      
      1. Student employment positions.
      2. Current academic staff appointments and administrative, service and support positions transferring positions, departments or Universities.
2. Background checks may include
   
   1. Criminal history;
   2. Social Security Number verification;
   3. Verification of education confirming the final candidate’s academic credentials;
   4. Sex Offender Search;
   5. Review of any applicable exclusion lists, including but not limited to Office of Inspector General List of Excluded Individuals and Entities (LEIE) and General Services Administration System for Award Management (SAM). Current employees may also be regularly screened against such exclusion lists; 
   6. Driving records for positions which require driving. The University may periodically check the driving record of individuals who are driving vehicles on official University business; and
   7. Additional background checks as required by federal or state law, by contract or agreement, or as approved by the applicable University, MU Health Care, or UM System Human Resource office.
3. Disclosure Requirements
   
   1. Final candidates for employment who plead guilty to or are convicted of a criminal violation or who are excluded or debarred after they have applied should contact Human Resource Services within a reasonable amount of time, not to exceed five (5) days, of the conviction or guilty plea.
   2. Individuals who are employed with the University must: 
      
      1. Notify the applicable Human Resources office within a reasonable amount of time, not to exceed five (5) days, of a conviction, guilty plea, plea of nolo contendere, or finding of guilt to a criminal violation, or becoming excluded or debarred.
      2. Notify the Human Resources office within a reasonable period of time, not to exceed five (5) days, if their driving privileges are suspended or revoked when they drive a vehicle on official University business. At no time shall employees drive on official University business if their license has been suspended or revoked.
   3. Failure to report a conviction, guilty plea, plea of nolo contendere, or finding of guilt, debarment, or exclusion is grounds for discipline up to and including termination of employment or non-selection of a final candidate.
4. Use of Background Information
   
   1. The University will conduct an individualized assessment of the final candidate’s background considering, but not limited to: 
      
      1. the nature of the position for which the person is applying or in which the person is employed; 
      2. the nature and seriousness of the conduct; 
      3. the circumstances surrounding the conduct; 
      4. the recency of the conduct; and 
      5. the absence or presence of rehabilitation or efforts toward rehabilitation.
   2. The final candidate for a University position is required to pass a background check prior to beginning the duties of the new position.
   3. For positions that require the operation of a motor vehicle, the terms conviction and guilty plea shall include minor traffic violations.
   4. A relevant job-related conviction, guilty plea, plea of nolo contendere, or finding of guilt is grounds for termination of employment or non-selection of the final candidate.
   5. Falsification of application and background check materials is grounds for termination of employment or non-selection of a final candidate.
   6. Exclusion Lists
      
      1. The discovery of excluded or debarred status of the final candidate for a University position may result in rescission of an offer of employment.
      2. The discovery of excluded or debarred status, or the addition of an employee to an exclusion or debarment databases, or the failure to disclose such status may subject that employee to discipline or remedial actions, which may include termination of employment.
   7. A sex offender search is conducted in all background checks. The University does not employ any individual required to be registered under sections 589.400 to 589.425, RSMo (Missouri Sex Offender Registry) in a position as a “professor or instructor.” For purposes of this policy, “professor or instructor” includes any academic position involving teaching or instructional activities. For other positions, employment decisions will consider all relevant factors including the fact that the individual is listed on the Missouri Sex Offender Registry and the responsibilities of the position.
5. Appeals
   
   1. If individuals challenge the information contained in the background check with the screening agency, the University is not required to hold open the position.

Date Created: 08/24/2007
Updated: 04/13/2015; 11/01/2019; 04/23/2024