Background Investigations

Adopted by President’s Cabinet 10/27/20; Revised 4/2/24

This policy establishes the background check requirements and process for EGSC and ensures adherence to applicable laws, policies, and procedures. 

I. Definitions

These definitions apply to these terms as they are used in this policy:

• • • Applicant: Any person who expresses written interest in a posted vacancy via the employer’s published application process, meets the minimum qualifications; and, at no point in the selection process, removes themself from further consideration or otherwise indicates that they are no longer interested in the position.
    • Background Investigation: An investigation comprised of a criminal and credit background check, as well as credentials verification and employment history confirmation as appropriate to the position.
    • Background Investigation Officer (BIO): The Director of Human Resources who is responsible for reviewing background investigation results and making employment and promotions suitability determinations. The BIO consults with the Background Investigations Committee (BIC) and senior administrators as necessary in making employment eligibility determinations.
      Background Investigation Committee (BIC): The Administrative Committee charged with determining hire suitability. The committee has a maximum of four members and includes the Director of Human Resources, Chief of Staff and Legal Affairs, and Chief of Police/Director of Public Safety. The applicable hiring department will be consulted as necessary in assessing position responsibilities. All information must be kept confidential and accessible only to those who have business “need to know” in the performance of BIC responsibilities.
    • Candidate: Someone who has been vetted through the hiring process and to whom a conditional offer of employment has been extended.
    • Consent Form: A form authorizing the institution to conduct a criminal background check on a candidate and includes criminal history self- disclosure.
    • Consumer/Credit Reporting Agency (CRA): An entity that collects and disseminates information about an individual’s credit standing which is used (or expected to be used) for credit evaluation and certain other purposes outlined in the Fair Credit Reporting Act (FCRA), including employment background investigations.
    • Hiring Department: The department hiring a new employee (whether internally or externally) or promoting an existing employee.
    • Office of Human Resources: The department that manages all hires at the College. 
      Positions of Trust involve responsibilities demanding a significant degree of public trust as defined below, with significant risk for causing damage or realizing personal gain as defined below:
      • • Senior Executive Officers/Administrators. Responsibilities involve top-level management functions with primary responsibility for significant university resources and limited to positions in the USG Job Classification System – BCAT 100 series.  Senior Executive Officers/Administrators with financial/fiduciary responsibilities will be subject to both a background check and a credit check.
        • Direct interaction or care of non-student minors or direct patient care.  Employees and volunteers who are reasonably anticipated to have direct contact or interaction with minor program participants or medical patients must be appropriately pre-screened. Responsibilities may require unsupervised or significant access to vulnerable populations, defined as minors and medical patients. For purposes of this policy, a minor is a person under the age of eighteen (18) who is a non-student (not enrolled or accepted for enrollment at a USG institution) Examples of settings with vulnerable populations include childcare centers, summer camps for minors, precollege or enrichment programs, and health care facilities. This category does not include faculty or instructional academic staff performing regular teaching; however, all faculty or instructional academic staff are required to have a background check as a condition of employment. See also Programs Serving Minors Policy.
        • Law enforcement officers as required by policies, regulations, and laws.
        • Other positions deemed by the President of the Institution to involve responsibilities demanding a significant degree of public trust with significant risk for causing damage or realizing personal gain as aligned with the intent of the role as defined.
    • Positions of Trust List: The College will maintain a list of positions deemed Positions of Trust in alignment with the criteria above. On an annual basis, EGSC must review and update its Positions of Trust roles. Also, when appropriate (e.g., when a position is vacated or when significant changes have been made to the responsibilities), EGSC should evaluate positions and make determinations based on related responsibilities. Applicant screening related stipulations that apply to Positions of Trust are provided within the Disclosure of Criminal Record History Section of this policy. 
    • Moral Turpitude: Crimes of moral turpitude are generally those involving vileness or depravity with respect to the duties a person owes to other members of society or to society in general. Of particular concern are those crimes involving violence, dishonesty, or breach of trust. Examples include but are not limited to murder, manslaughter, rape, fraud, embezzlement, larceny, the sale or trafficking of illegal drugs, and child abuse.
      Reference Check. Reference Checks are required under the USG General Criteria for Employment. A reference check generally involves the College contacting a job candidates’ previous employers, schools, and other sources to verify previous employment and educational background, and to obtain information about the individual’s knowledge, skills, abilities, behaviors, and qualifications for the job. Reference check questions should be consistent across all candidates and must relate directly to the position being filled. Questions about age, race, sex, religion, marital status, national origin, or other legally protected characteristics should not be asked as they do not have anything to do with past or future job performance. A reference check is completed by the hiring department or Office of Human Resources for staff positions and by Academic Affairs for faculty positions before a conditional offer of employment is made and before and/or parallel to a background investigation.

II. Processes and Procedures

Background Check Applicability:

Background checks are required and apply to positions as follows:

All newly hired faculty, staff, and administrators (including full and part time) are required to have a background check prior to hire.

Any current employee being transferred, reassigned, reclassified, or promoted to a Position of Trust is subject to a background check unless a background investigation conforming to this policy has been performed within the past twelve months.

Students, temporary employees, and affiliates when serving in Positions of Trust as defined within this Policy. Students, temporary employees, and affiliates not in a Position of Trust may also be subject to reference checks and/or background investigations when applied in a consistent manner across the College. 

Rehired Employees: 

1. 1. 1. 1. 1. 1. External Transfers: For employees that separate from any USG Institution and are subsequently rehired at a different USG Institution, the employee is subject to a background investigation.
               2. Internal Transfers: For employees that separate from EGSC and are subsequently rehired at EGSC, the following standards apply:
                  • An employee who is rehired into a Position of Trust must have a background check unless one has been completed within the last 12 months;
                  • An employee who is rehired with a break less than 120 days and for whom the background check has been completed within the past year are not subject to a new background check unless there are areas of review required by the job that were not covered in the previous review (i.e., credit or academic credentials check, or position of trust as appropriate to the job);
                  • A faculty member who returns to their position within the next consecutive academic term is not considered separated and does not require a new background investigation unless they are rehired into a Position of Trust.
               3. A rehired employee that is not subject to a new background screening upon rehire must disclose any charges or convictions which were sustained during their employment separation or break.
               4. Prior to reemployment, the eligibility for rehire verification process must be completed. 

Credit Checks: In addition to the required background check, employees in Positions of Trust with financial/fiduciary responsibilities and P-Card Holders are required to have a credit check. 

Purchase Card Holders: P-Cards are issued within Department of Administrative Services (DOAS) policies and guidelines. Any existing employee that is transferred, reassigned, reclassified, or promoted into a position requiring a P-Card, when they have not been assigned a P-Card previously, must submit to a credit check. Existing cardholders are subject to a credit check before their next card renewal date. Human Resources and the P-card Administrator will collaborate to ensure that the cardholders receive a timely credit check and annually audit the process for compliance.

Current Employees: Current employees who are charged with or convicted of a criminal offense are required to disclose such information in accordance with the requirements established in the USG General Criteria for Employment.

Background Check Components:

Background checks shall include, at a minimum, the following:

1. 1. 1. 1. 1. 1. A state and federal criminal history check covering a period of seven (7) years. International criminal history checks are required as applicable;
               2. A nationwide sex offender search;
               3. A social security number verification;
               4. An academic and professional credentials check for all professional, faculty, and academic positions in accordance with accreditation and professional standards and requirements. For employees with a professional license related to job responsibilities, a review of any disciplinary actions to include suspensions and revocations must be conducted; and
               5. A credit check for the applicable positions with financial/fiduciary responsibilities. Credit check screenings must follow all applicable policy guidelines, regulations, and laws. The College’s Office of Human Resources is required to establish and maintain a listing of positions requiring a credit check. Also, when appropriate, the College should evaluate positions and make determinations based on related responsibilities. Typical examples are provided below and may be modified by the College.

Examples of positions that typically require a credit check:

• • • • • • • • Senior Executive Officer/Administrator Positions with centralized and primary responsibility for significant institutional fiscal responsibility (i.e., positions within the USG Job Classification BCAT 100 series).
              • All positions in the following departments, regardless of job title or function: Finance & Business Strategy, Bursar’s Office, Controller’s Office, and the Office of Financial Aid or the equivalent departments at the College may be named differently. 
              • All employees with central accounting function roles.

Examples of positions that typically do not require a credit check:

• • • • • • • • Infrequent or incidental access to cash, checks, or credit/debit card information.
              • Access to finance system for conducting institutional business, such as an Accounting Technician responsible for entering data in the system.
              • Operation of Cash Registers with strict accounting controls and procedures in place.
              • Operation of a cafeteria cash register with nominal access to cash and strict daily accounting controls to minimize fraud and abuse.

Job Postings: 

All job postings must state that candidates will be required to submit to a background investigation. (EGSC Employment Applications Policy). 

All information contained in the application form is subject to verification.

The Office of Human Resources for staff positions and the Office of Academic Affairs for faculty positions is responsible for verifying employment history, educational credentials, and professional references of all selected candidates as applicable before the Background Investigation is initiated and before an offer of employment is extended. For positions that require professional certification or licensure, the College will obtain a copy of a current document from the candidate and verify with the accrediting or licensing authority that the selected candidate is duly accredited or licensed, and that such accreditation, licensure, or certification is current and without related disciplinary actions, including suspensions and/or revocations.  The Office of Human Resources will annually review all required credentials.  

Consent Forms and Conditional Offers of Employment:

The Office of Human Resources shall provide the final candidate with the required employment paperwork, including the Consent Forms via the approved background check vendor. A conditional employment/promotion offer may be made at this time. 

Important: All employment offers must be made in writing and will include the following statement: “This employment offer is contingent upon completing a background investigation including a criminal background check demonstrating your employment eligibility with East Georgia State College, as determined by East Georgia State College in its sole discretion, confirmation of the credentials and employment history reflected in your application materials and, if applicable, a satisfactory credit check.”

Upon receiving a signed conditional employment offer acceptance, Consent Form, and the criminal history self- disclosure form, the Office of Human Resources will initiate the candidate’s Background Investigation. If the top candidate is not hired (e.g. criminal conviction precludes hiring or the candidate does not accept the job offer, etc.), the Hiring Department may select another candidate for the position. Once the next selected candidate accepts the conditional offer and signs the Consent Form, then the Office of Human Resources will initiate the investigation process.

Disclosure of Criminal Record History:

Criminal history self-disclosure forms must be completed by all candidates prior to the background check being completed and in compliance with relevant laws and policies. These forms are part of the background investigation packet provided to the candidates as part of the conditional offer of employment. 

Applicants may not be asked to disclose criminal record history unless they have been selected for hire and received a conditional employment offer.

• • • • • • The following exception applies for Positions of Trust. Applicants for positions of trust may be asked to disclose criminal record history during the initial screening process and prior to a conditional employment offer. Positions of trust must be identified prior to posting the position and made known to applicants (Reference Employment Applications).

The BIO will review and compare criminal history self-disclosures and background check results prior to the hire date.  If conflicting information is found, the candidate should be given the opportunity to provide an explanation. The information is then evaluated for job relevance and policy disqualification criteria.

Disclosure of Potential, Actual, or Apparent Conflicts of Interest and Other Employment:

Candidates and rehired employees must disclose potential, actual, or apparent conflicts of interest in compliance with USG and EGSC policies and procedures. The Office of Human Resources maintains a process for verifying this information. 

Employees and candidates will be notified of disclosure requirements by Human Resources.  Failure to disclose any charges, convictions, or conflicts of interest will result fully and properly in disciplinary action up to and including termination. 

Employment Disqualification:

A candidate may be disqualified for employment for any of the following reasons:

1. 1. 1. 1. 1. 1. The candidate has been convicted of a felony or crime involving moral turpitude unless the applicant has been pardoned.
               2. Any confirmed criminal history.
               3. Any false statement of material fact during the screening process.
               4. The candidate is or has been a member of an organization advocating the violent overthrow of the United States or State of Georgia government.

An individualized assessment of qualified applicants will be conducted as outlined in this policy. Upon completion of the assessment, the BIC determines if the candidate’s criminal history is sufficient to disqualify the candidate for the position sought. 

Evaluating and Processing Criminal Background Check Information:

Background Investigation reports are submitted directly to the Office of Human Resources by the system approved background check vendor performing the investigation. The BIO is responsible for reviewing the background check results against the criminal history self-disclosure and determining the employment eligibility of the selected candidate. The Office of Human Resources will notify the Hiring Department of this determination. 

The BIO makes its eligibility decision, in consultation with senior administrators and the BIC where applicable, as follows:

When determining whether a candidate with disclosed criminal convictions is eligible for employment or promotion, the BIO will consider (1) the nature and specific responsibilities of the position for which the candidate is being considered, (2) the nature, number, and gravity of the offense or conduct for which the candidate was convicted; (3) and the amount of time that has passed since the conviction. 

In addition, the BIO may consider the following, to the extent that it is available: (1) the facts or circumstances surrounding the offense or conduct; (2) the number of offenses for which the individual was convicted; (3) the age of the individual at the time of the conviction, or release from prison; (4) evidence that the individual performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct; (5) the length and consistency of employment history before and after the offense or conduct; (6) any rehabilitation efforts undertaken by the individual (e.g. education/training); (7) any employment or character references and any other information regarding fitness for the particular position; and (8) whether the individual is bonded under a federal, state, or local bonding program. 

If the candidate does not respond to the employer’s attempt to gather additional information regarding their background, the employer shall make its employment decision without the information, and the employer is under no obligation to investigate or obtain any additional information beyond what is contained in the Background Investigation reports. 

Prior to making a final determination of eligibility for employment based on the results of a background investigation, the Office of Human Resources must provide the candidate with a Pre-Adverse Action Disclosure and Adverse Action Notice according to the following guidelines.

Pre-Adverse Action Disclosure: If the Background Investigation report shows any conviction, a Pre-Adverse Action Disclosure must be provided to the candidate prior to a final determination of ineligibility for employment. This pre- adverse action disclosure must include a copy of the candidate’s Background Investigation report, together with the name, address, and telephone number of the Credit Reporting Agency (CRA) that conducted the Background Investigation, and information on how to dispute information in the report. A copy of “A Summary of Your Rights under the Fair Credit Reporting Act” must also be provided to the candidate. This summary will be typically provided by the CRA performing the Background Investigation.

The candidate must be given an opportunity (a minimum of five and no more than ten business days) to provide an explanation in writing of the circumstances surrounding the results of the Background Investigation, including any mitigating factors, and have this explanation considered prior to finalizing the employment eligibility decision.

The College is not responsible for discovering, researching, or verifying that there are possible mitigating factors. The burden of proof to present mitigating factors rests entirely with the applicant.

A copy of his or her report shall be given to each applicant and/or employee as applicable.

Adverse Action Notice: If the candidate is determined to be ineligible for employment following the pre adverse action disclosure period, the Hiring Department will be notified, and an adverse action notice will be sent to the candidate. This notice must include the following:

• • • • • • • • the name, address and telephone number of the CRA that supplied the Background Investigation report;
              • a statement that the CRA that supplied the Background Investigation report did not make the decision to take the adverse action and cannot give specific reasons for it; and
              • a notice of the individual’s right to dispute the accuracy and completeness of any information the CRA furnished in the Background Investigation report and the right of the individual to obtain an additional free report from the CRA upon request within sixty days of the adverse action.

An ineligibility determination for a specific position due to a criminal conviction or credit report does not necessarily render an individual ineligible for all employment with the institution and each determination will be made on a case by case basis.

Record Retention and Disposing of Background Investigation Reports:

Background investigation reports on new or existing employees are considered confidential and protected as such. The reports will remain with the BIO in accordance with the applicable laws and records retention schedule, and the BIO or designee will maintain all communications related to the decision. For audit purposes, the College must store independent record of completion of a background investigation. Criminal and financial background checks on employees must be securely stored separately from the employee’s personnel file and destroyed in accordance with applicable laws and the USG records retention schedule for a period of three (3) years.

Reports for all non-successful applicants for employment and applicants for promotion must be stored and destroyed in accordance with applicable laws and the University System of Georgia (USG) record retention guidelines for three (3) years.