Criminal Background Checks
Revised March 16, 2011
Table of Contents
.030 Background Checks
.055 Red Flag Regulations
.060 Custodian of Record
.500 Memorandum A - Template for Graduate Assistant Appt for Applicants Not Requiring Background Check (pdf)
.600 Memorandum B - Template for Graduate Assistant Appt for Applicants Requiring Background Check (pdf)
The Kansas Board of Regents requires that each state university shall perform a criminal background check on persons hired for certain state university positions.
Kansas State University is committed to maintaining a safe teaching, learning and working environment for its students, employees and visitors. One aspect of this commitment is to assure, to the extent possible, that appropriate policy and procedures are in place which work toward reducing the likelihood of unknowingly hiring persons with felony or misdemeanor convictions or who are registered sexual offenders.
Felony, misdemeanor and registered sexual offender status criminal background check procedures apply to each full and part time person hired for a state university position, other than 1) temporary or limited term employees to be employed for six months or less; 2) positions to be filled by a vendor or contractor; (3) hourly student employees; 4) interns, this exception does not apply to undergrad and graduate student interns working for Extension,and Veterinary Medicine interns and residents; and 5) unpaid volunteers.
Background checks will be performed on any employee transferring from another state agency and those rehired, who have been separated for more than one year from the university. The university may also perform more extensive checks than those required above. Additionally, international applicants who have ever resided in the U.S. for a period of time in excess of 30 days must have a sex offender record check conducted; those who have resided in the U.S. for a period of time in excess of 60 days during the last 7 years must also have a criminal history record search conducted.
The criminal background check shall include:
- Criminal history record searches for felony and misdemeanor convictions at county and federal levels in every jurisdiction where a candidate currently resides or has resided. Such searches should cover a minimum of the last seven years.
- Sex offender registry searches at the county and federal levels (or state) in every jurisdiction where the candidate currently resides or has resided.
- Other verifications as required by law for specified positions.
Certain departments (e.g., Police, Biosecurity Research Institute, Nuclear Engineering) already require extensive background checks as a prerequisite to employment and those background checks are deemed to satisfy this policy and applicants will not be required to undergo an additional background check. Similarly, international applicants who were required to undergo a background check by the State Department to obtain a visa to study or conduct research at Kansas State University will not be required to undergo an additional background check. The State Department's criminal and national security background checks will satisfy K-State's requirement for a background check prior to initial U.S. employment.
- The hiring department makes a contingent hiring offer when the final candidate is identified.
- The hiring department and the final candidate complete a Background Check Request Form (PER-59), submitting a copy of the form to the Human Resources to conduct the criminal background check. The original document shall be retained by the candidate and no copies shall be retained by the hiring department.
- Human Resources (HR) conducts a felony, misdemeanor and registered sexual offender background check.
- If the background check on the final candidate is clear, the hiring department will be informed by the Background Check Manager (BCM) or designee via email. A copy of this email will be attached to the appropriate appointment papers submitted to HR.
- If the final candidate has a felony or misdemeanor conviction or is identified as a registered sexual offender, the Human Resources BCM or designee verbally informs only the hiring department and the Associate Vice-President of Human Resources and the Director of Affirmative Action. Information will only be shared with those who are directly involved in the hiring decision.
- The Associate Vice-President of Human Resources and the Director of the Office of Institutional Equity shall jointly determine if the candidate's criminal history reasonably bears upon the candidate's trustworthiness, or the safety or well-being of the university's students and employees. If it does, then the hiring department will be notified that the candidate's contingent hiring offer will be withdrawn. If it does not, then the candidate may accept the offer.
- If the hiring department wishes to appeal a determination that leads to withdrawal of a candidate's offer, the hiring authority submits a written request for approval to hire through its department head and/or dean, to its appropriate vice president (for non academic positions) or Provost (for academic positions), who together with the Associate Vice President of Human Resources and Director of the Office of Institutional Equity will review the request and make a final determination.
If the BCM (or other background check performing department) receives a notice of address discrepancy during the background check process, then the BCM (or other department) will contact the candidate and re-verify the candidate's address.
Records related to a criminal background check will be confidential and maintained by Human Resources by the BCM. The BCM shall be the custodian of background record check files. Any background checks performed under this policy will comply with State of Kansas and Federal Fair Credit Reporting Acts.