Criminal Background Checks
Revised March 16, 2001, October 19, 2016, August 2, 2021, June 13, 2022 and June 19, 2023
Table of Contents
.030 Background Checks
.055 Red Flag Regulations
.060 Custodian of Record
In compliance with Kansas Board of Regents policy, the Kansas State University background check procedure is conducted to facilitate employment decisions that are in the best interest of University students, employees, resources and overall institutional mission.
The Kansas Board of Regents requires that each state university shall perform a criminal background check on persons hired for university positions. This includes newly hired or rehired (after a break in service of one year or longer) faculty and staff appointed to regular or temporary positions including term positions.
To comply with this policy, criminal background checks will be performed on rehired faculty and staff (even if a break in service is less than one year) if it is determined that the rehired person did not have a completed background check during their previous employment.
In addition, university employees and third parties participating in university programs who may interact with individuals under 18 years of age shall perform a criminal background check (PPM 3130).
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) positions to be filled by a vendor or contractor; 2) hourly student employees; and 3) interns. This exception does not apply to undergrad and graduate student interns working for Extension, Veterinary Medicine interns and residents, and Environmental Health & Safety student employees and interns.
Background checks will be performed on any new employee, on any employee transferring from another state agency, on rehired employees who have been separated for more than one year from the university, and on rehired employees for whom the University did not complete a background check previously during their employment. 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 30 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. Background checks conducted by Federal Homeland Security for international, non-citizen job candidates as part of the visa process will be considered adequate for University purposes only if Kansas State University is the candidates's first U.S. employer upon securing the work visa. International job candidates transferring their existing visas from an alternate U.S. based employer, institution, etc. or those residing within the U.S. for 30 days or longer will be required to have a background check.
- After the hiring manager makes a conditional job offer, the Human Resources (HR) Talent Acquisition (TA) partner will initiate the background check which includes a felony, misdemeanor and registered sexual offender background check, unless otherwise indicated. The candidate will receive electronic notification that he/she must complete the background check request form.
- If the background check on the final candidate is cleared to proceed, the hiring department will be informed by TA partner or designee. Notification will be retained in the Human Resources (HR) workflow.
- If the final candidate has a felony or misdemeanor conviction or is identified as a registered sexual offender, the TA partner or designee informs the HR background check team. Information will only be shared with those who are directly involved in the hiring decision.
- The HR background check team shall 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 HR background check team will review the request and make a final determination.
- Background checks submitted for the Protection of Minor Children Participating in University Programs PPM 3130 will be handled through Risk and Compliance office
If the TA partner (or other background check performing department) receives a notice of address discrepancy during the background check process, then the TA partner (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. HR 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.
Human Resources (HR) is responsible for this policy. The Vice President or designee must approve any exception to this policy or related procedures. Questions should be directed to Human Resources at 785-532-6277 or email@example.com.