Employment Background Checks

STATEMENT

Mississippi University for Women is committed to protecting the safety and welfare of employees, students, and the general public, as well as preserving property and upholding the reputation and integrity of the University. Offers of employment are contingent upon the Office of Human Resources’ approval and the successful completion of a background check. All employees are responsible for ensuring the integrity and confidentiality of the background check process.

PROCEDURES and RESPONSIBILITIES

The University requires a background check for all individuals who are selected as the preferred candidate in new hire, regular full-time, regular part-time, time-limited, temporary, intermittent positions and/or rehired retirees.

All pre-employment offers or recommendations for employment are contingent upon a satisfactory background check. Employment for all regular and temporary positions shall not begin until the Office of Human Resources (HR) has confirmed that the applicant has satisfactorily completed the background check.

Student workers are subject to a background check depending upon their position and department as identified by HR.  

All employees who have contact with minors require an acceptable background check.

Mississippi Code Ann. § 25-1-113

Section 25-1-113, Mississippi Code of 1972, as amended, prohibits the hiring for public employment of individuals who have been convicted of or plead guilty to the unlawful taking or misappropriation of public funds. The State cannot continue to employ a person who has been convicted or plead guilty to the unlawful misappropriation of public funds.

To ensure compliance with this state law, each new employee, regardless of employee class, is required to complete an attestation form affirming that the employee has never been convicted or plead guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained, or misappropriated by the abuse or misuse of any office, employment, and/or money coming into the employee’s hands by virtue of the employee’s office or employment. Employees who refuse to sign the form are not eligible to continue employment.

Should the criminal background check occur and disclosed that the employee was convicted or plead guilty to misuse of public funds in violation of Section 25-1-113, the offer of employment will be rescinded and/or employment terminated.

Background Checks

No background check will be requested or conducted by HR without authorization from the employee. If an employee declines to authorize the background check, the offer of employment will be rescinded.

In addition, background checks on student workers and graduate assistants will be limited to those working in the following positions:

Cash and checks handling on a regular basis
Contact with minors
Access to residence hall rooms
Access to other student or employee information
Patient contact or access to prescription medications
Other positions as requested by departments

Mississippi University for Women reserves the right to add positions to this list at any time prior to the beginning of recruitment efforts.

A contingent offer of employment may be extended to an individual prior to the completion of the criminal background check. Individuals will not be allowed to start work until an acceptable background check is received. Under limited, emergency circumstances, the Director of Human Resources and University Counsel may approve the individual to begin work with continued employment contingent upon successful completion of the criminal background check.

A contingent offer of employment will be rescinded for any individual who refuses to consent to the criminal background check, refuses to provide information necessary to conduct the background check, provides false or misleading information, or to complete the background check process for the position in which the individual applied and/or was offered. Any individual who has already been hired and is subsequently found to have provided false or misleading information related to the criminal background check is in violation of University policy and may be subject to disciplinary action, up to and including termination from employment.

All individuals subject to a criminal background check are required to complete and submit the third party vendor’s (vendor) electronic application and authorization form prior to the initiation of the background check process. The candidate will receive an email link to access the vendor’s secure website. When the investigation is complete, the vendor will return the information to HR. In the event a criminal conviction record is discovered, a report is provided to HR by the vendor for further review. Convictions not disclosed on the application but discovered during the investigation may render the applicant ineligible for employment. Incidents found through the background check process will be reviewed by the Hiring Manger, Supervising President’s Cabinet Member and Director of Human Resources in collaboration with University Counsel, as appropriate.

Individuals with a criminal history will not be automatically disqualified from employment. Multiple factors will be taken into consideration.

the nature and gravity of the offense(s);
the time that has passed since the conviction and/or completion of the sentence;
the nature and specifics of the position sought or held;
the accuracy of disclosure on the employment application;
explanation of the nature and circumstance of the conviction stated on the employment application, and;
preserving the property and upholding the reputation and integrity of the University.

The application, authorization form and the criminal background check reports are maintained in HR or in a secure electronic format in the vendor’s system and will only be distributed to University Counsel, authorized parties and/or the employee, as appropriate.

The vendor will conduct an investigation where needed to determine eligibility for employment at the University. Depending upon the job description requirements of the position to be filled, the background check may also involve an educational background search, employment verification and/or motor vehicle driving record search. Background checks will also be made for certain other information as listed on the authorization form.

International Background Checks

When necessary, the University will conduct international background checks on the selected candidate for education, employment and/or criminal records history as determined by HR and University Counsel.

Reemployment and Reappointments

Former employees, including retirees, are subject to a background check if the break in service is six (6) months or more or after any break in service if the previous employee has never had a background check completed by the University. However, employees returning to certain positions, as identified by HR, are subject to a background check regardless of the break in service.

Again, notwithstanding this policy, nothing precludes HR from conducting a background check on a returning employee when HR, in consultation with the employee’s department and University Counsel determines that a background check is necessary.

Promotions and Transfers

An employee may be subject to a background check when the employee is promoted/transferred to a position that requires an additional level of background check. A background check will be required when a temporary employee obtains a permanent position. (HR has discretion to determine if a recent background check has already been obtained).

Type of Background Check Required

The candidate will be asked to provide the vendor any locality where the candidate has lived or worked in the last seven years and the background check will include the following.

Social Security Number Trace
National Criminal Database and National Sex Offender Database
County Court Records, Felony and Misdemeanor Convictions
MVR: A motor vehicle check must be conducted for all individuals in positions that include driving as a primary responsibility and essential functions or responsibilities that include driving a University vehicle, rental or personal vehicle used for official University business.

In addition to the above, candidates for benefit-eligible positions will also include verification for:

Highest degree earned for positions that require High School Diploma/GED or higher
Five (5) years of employment and up to three (3) employers
Reference checks are not included in the background check policy but must be completed on the preferred candidate. The hiring manager and/or search committee is responsible for conducting reference checks through the hiring or search committee process.

Compliance with the Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) mandates the types of records that cannot be used to automatically deny employment such as arrests, expunged or sealed records. In some cases, an outside vendor may uncover information that may disqualify the candidate from employment consideration. In such a case, the University will notify the candidate of the information and provide a minimum of five (5) days for the candidate to refute, explain, or correct the information.

Adverse Action Notification Procedures

If information is revealed in a criminal history, financial history, or motor vehicle check report that could potentially result in an adverse employment decision, HR shall take the following steps:

1. Pre-Adverse Action Notice

Individuals will be notified in writing that negative information has been revealed during the background check process which may impact the employment decision and will provide a copy of the supporting report to the individual along with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” The individual will be provided up to five (5) business days to challenge the information provided in the report and take steps to correct inaccuracies or provide an explanation. A final employment decision shall not be made until the individual’s new information has been considered or at such a time the individual fails to respond as required.

2. Adverse Action Notice

After consideration of any individual’s response and prior to making an adverse employment decision, a second written notification will be sent by HR to the individual. This notice shall contain the following:

The name, address, and phone number of the vendor Consumer Report Agency (CRA) that supplied the report, if applicable
A statement that the vendor supplying the 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 or completeness of any information the agency furnished, and the individual’s right to an additional free consumer report from the agency upon request within sixty (60) days and to dispute with the CRA, the accuracy or completeness of any information in a consumer report furnished by the agency, if applicable.

Employee Self-Disclosure Requirements

Criminal Conviction or Felony Charge: All current employees are required to self-disclose post-employment criminal convictions or felony charges filed against them that occur on or after the effective date of this policy within five (5) business days of the conviction or felony charge to HR. Employees failing to self-disclose may be subject to disciplinary action, up to and including termination. Managers/departments notified of a post-employment conviction or felony charge have an obligation to report the information to HR immediately. Managers failing to report the information may be subject to disciplinary action, up to and including termination.
Driver’s License Suspension or Revocation: All current employees with primary responsibility for driving as written in the position description are required to self-disclose the post-employment suspension or revocation of a driver’s license that occurs within five (5) business days of the revocation to HR. Managers notified of the post-employment suspension or revocation of a driver’s license have an obligation to report the information to HR immediately. Managers failing to report the information may be subject to disciplinary actions, up to and including termination.