4003.01 General Policy

To preserve the safety and security of the campus community and to maintain the integrity of university operations, it is the policy of Wright State University before making an employment offer to verify whether a job applicant has a criminal record. Additionally, an administrative review shall be conducted whenever the university learns that an employee is charged with or convicted of a crime (except for minor vehicle violations).

4003.02 Positions

  1. Positions covered by this policy

    1. It is the responsibility of the hiring manager or supervisor to request a criminal record report for all full and part time university paid positions, both academic and non-academic, and for other positions designated by the provost or assistant vice president for human resources.

    2. The intent of this policy is to include all positions, unless it is clearly impractical to conduct a criminal record review or the position does not include any safety or security sensitive duties. Specific positions that may be excluded are set forth in paragraph 4003.2 b.

  2. Positions excluded from this policy

    A criminal record review is not required but may be requested for the following positions (the list is not inclusive).

    1. Student employee positions, unless the supervisor or Office of Career Services stipulates that a criminal record report is required for a specific job title, department, work location, or specific category of student positions.

    2. Graduate assistant positions, unless the supervisor or School of Graduate Studies stipulates that a criminal record report is required for a specific job title, department, work location, or specific category of graduate assistant positions.

    3. On-call or short term positions that generally have less than sixty (60) workdays in any twelve-month period, provided the employee will not have unsupervised access to university property or students.

    4. Visiting faculty and visiting researchers.

    5. Adjunct faculty.

4003.03 Procedure for Submitting Criminal Record Review Requests

  1. The hiring manager is responsible for advising candidates during the interview process, or at another appropriate point in the selection process, that the university requires a criminal record review as a condition of employment. The finalist for the position should be requested to complete a form provided by the Department of Human Resources. The form provides authorization for a criminal record review and the information necessary to conduct the review.

  2. The hiring department shall transmit the request for a criminal record review to the vendor contracted by the university to provide criminal record reviews. The hiring department also shall notify the Department of Human Resources that a request has been transmitted to the vendor.

  3. Generally, no one should be hired prior to obtaining the results of the criminal record review. However, it is recognized that there may be extenuating circumstances that necessitate making an employment offer before the criminal record review has been completed. In this situation, the employment offer should specify that the offer is conditioned on the results of a criminal record review.

4003.04 Conduct of the Criminal Record Check and Notification to Requesting Hiring Manager

  1. The vendor contracted by the university will provide the results of the criminal record check to the Department of Human Resources. Generally, Human Resources will receive the results within five to seven workdays.

  2. To ensure consistent application of this policy, the Department of Human Resources will immediately assess the criminal record report to determine whether any information in the criminal record check indicates that the applicant is not suited for university employment, based on the standards set forth in section 4003.5. Before reaching a final determination that any candidate should be barred from university employment, the assistant vice president for human resources shall consult with the provost, appropriate vice president, or dean. Human Resources will notify the hiring manager by e-mail whether the applicant is cleared for employment or barred from employment. The criminal record report will not be disseminated.

4003.05 Standards for Reviewing Criminal Records

  1. A criminal conviction or plea of guilty will not automatically disqualify an applicant for a particular job. Factors that will be considered in making a determination whether a criminal conviction or plea of guilty will exclude an applicant from further employment consideration include but are not necessarily limited to:

    1. the type of crime.

    2. the frequency of violations.

    3. the applicant's age at the time of conviction, the date of conviction or time elapsed since the conviction, or completion of any jail sentence.

    4. the applicant's entire work and education history, including employment references and recommendations.

    5. the particular position.

  2. Failure to provide complete and factual information pertaining to any criminal conviction or plea of guilty will be sufficient cause to bar the applicant from employment or to remove the individual from his/her position, regardless of the seriousness of the offense.

  3. The final responsibility for determining whether an applicant's criminal record excludes him/her from employment rests with the assistant vice president for human resources after consultation with the provost, appropriate vice president, or dean for non-academic positions or with the provost for academic positions.

4003.06 Applicant Review of Criminal Record Report

  1. The hiring manager shall notify the applicant whenever he/she is excluded from employment due to the results of a criminal record review.

  2. An applicant who is excluded from employment due to his/her criminal record report shall have the right to review the report and offer an explanation. The hiring manager shall refer the applicant to the Department of Human Resources.

  3. The Department of Human Resources will verify any disputed criminal report.

4003.07 Credit Reports

The university does not routinely obtain and review credit reports as part of the pre-employment screening process. Operating units that believe there is a job related need to include a credit rating review in the pre-employment process must present a request and obtain approval from the Department of Human Resources. Additionally, the Department of Human Resources shall implement procedures to ensure that any approved credit reports are obtained and applied in a manner that is consistent with state and federal laws.

4003.08 Funding

The Department of Human Resources shall be responsible for expenses incurred in obtaining standard criminal record reviews. The hiring department shall be responsible for expenses incurred for more extensive screening.

4003.09 Employees Charged with a Crime

It is the responsibility of the employee's supervisor to notify the provost or appropriate vice president and the Department of Human Resources immediately when an employee has been charged with a crime (except for minor motor vehicle violations). Upon investigation of the relevant facts and circumstances, a determination will be made of the appropriate action to be taken. The action should be consistent with the responsibility to protect the security of the university community and the integrity of university operations.

4003.10 Procedures

Procedures and forms for processing criminal record reviews are available in the Department of Human Resources, 280 University Hall, or at http://www.wright.edu/hr.