SP 3-10a – Employment Background Checks

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SP 3-10a

APPROVED: February 8, 2006
EFFECTIVE: February 8, 2006
REVISED: May 23, 2007
REVISED: March 20, 2013
REVISED: January 2, 2014
REVISED: April 16, 2018
REVISED: July 1, 2018
REVISED: December 13, 2023

APPENDICES REVISED: December 13, 2023

REFERENCE(S): Board Policy (BP) 3-10, Administration of Personnel; Titles VI and VII of the Civil Rights Act of 1964, as amended; Fair Credit Reporting Act (FCRA); Americans with Disability Act of 1990, as amended; Privacy Act of 1974, as amended, 5 U.S.C. § 552a; Colorado Consumer Credit Reporting Act, C.R.S. §§ 12-14.3-101 et seq.; C.R.S. § 24-5-101; State of Colorado Universal Policy on Driving Standards (effective July 2024)

APPROVED:
/ Joseph Garcia /
Joseph A. Garcia, Chancellor

APPLICATION

This procedure applies to all employees, finalists for employment, and volunteers within the Colorado Community College System, including its Colleges (CCCS or System).

BASIS

In support of Board Policy 3-10, this procedure establishes a process for evaluating the qualifications and suitability for employment of all CCCS employees, employment finalists, and volunteers, to include a review of qualifications, previous employment, reference checks, criminal history, and other job related checks (collectively, a “background check”).

A background check may also include:

CURRENT EMPLOYEES

CCCS reserves the right to conduct background checks on current employees. Annual motor vehicle records (MVR) checks are required for employees whose position responsibilities include operating a state or CCCS vehicle. For employees who do not have a written authorization on file, written authorization from the employee will be obtained prior to conducting a background check.

Employees and volunteers are required to notify Human Resources if they are charged with or convicted of a misdemeanor or felony offense no later than five (5) days after the date of such a charge or conviction. Employees whose position responsibilities include operating a state or CCCS vehicle are required to notify their immediate supervisor if their driver’s license is suspended, revoked, or canceled no later than three (3) days after the date of such action.

Current employees who are selected for new positions within CCCS must have a current background check on file prior to the appointment. A background check is considered current if it was conducted within the last three (3) years. The background check shall be reviewed according to the new position requirements and may require additional components that were not required for previous employment.

PROSPECTIVE EMPLOYEES AND VOLUNTEERS

In order to evaluate qualifications and suitability for employment or volunteering, CCCS requires employment finalists and prospective volunteers to provide, or authorize CCCS to obtain, a background check. After an employment finalist has been identified, an offer of employment can be made, but must be contingent upon a successful background check. Background checks shall not be performed until the applicant has been identified as a finalist or a conditional offer of employment has been made to the applicant.

To assure confidentiality of all applicant information, each Office of Human Resources coordinates the background check process. Results of background checks that make a finalist’s suitability for employment or volunteer position questionable, are reviewed by the Human Resources Director or designee. The Human Resources Director or designee consults with the appropriate hiring authority to render a determination in accordance with applicable federal and state statutes on the use of background checks in selection and employment. Results that indicate any criminal convictions, guilty or nolo contendere pleas, deferred adjudications, deferred judgments, questionable credit history, or driving offenses that are part of the adult (non-juvenile) record are considered based on the nature, seriousness, number of, and recency of the actions, as they relate to the employment involved and their implications for the general safety and security of the campus community. Consideration is also given to the accuracy of the individual’s disclosure of offenses, as well as whether the offenses arose out of employment situations.

CREDIT HISTORY

CCCS will adhere to the Colorado Employment Opportunity Act with regard to limiting the obtaining of credit history to positions where credit information is substantially related to the job.

Substantially related means the information contained in a credit report is related to the position for which the applicant is being evaluated because the position constitutes executive or management personnel, or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following:

FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS

The Office of Human Resources shall establish processes for employees, finalists for employment, and volunteers to have fingerprint-based criminal history checks taken and submitted to the Colorado Bureau of Investigation. Employees, finalists for employment, and volunteers who have or may have job-related functions that require the position to have access to federal tax information, received from the federal government, or will otherwise be employed in a position that requires a fingerprint-based criminal record check (e.g., law enforcement or certain child care facility personnel), shall submit a complete set of their fingerprints to the Colorado Bureau of Investigation for the purpose of conducting the fingerprint-based criminal history record check. The Colorado Bureau of Investigation shall forward the fingerprints to the Federal Bureau of Investigation for the purpose of conducting the check.

For positions with access to federal tax information, the System will use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether the individual is qualified to have access to federal tax information. The System will deny access to federal tax information if the individual does not pass the check. For others undergoing a fingerprint-based criminal history record check, the results will be used to evaluate whether they are qualified for the position.

AUTHORIZATIONS

In accordance with this procedure, all employment finalists and prospective volunteers are required to sign a Background Disclosure, Background Authorization for conducting a background check, a General Release and Authorization, and, if applicable, Fingerprint-Based Criminal History Record Release and Authorization (Appendices). A refusal to sign these forms will result in the offer of employment or volunteering being null and void. The Human Resources Office will be responsible for providing finalists and prospective volunteers with the required forms, including a summary of their rights under the Fair Credit Reporting Act (FCRA), when applicable. A formal release is not required for checking references. If a release is required by a former employer, the signed General Release and Authorization form will be provided.

NOTIFICATION

In the event that a determination regarding the background check provided by a consumer reporting agency results in an adverse personnel decision, the Human Resources Office is responsible for notifying the individual, in writing, of the disposition of their background check. Individuals may contact the Human Resources Office within ten (10) days of the date of written notification to challenge the results of such background check. Background checks may be challenged by requesting a fingerprint-based verification check, of which the cost is the responsibility of the employee, finalist, volunteer, or prospective volunteer. This waiting period may delay the start date on the offer of employment or volunteering, to the next available start date in accordance with College or System Office practice. In the event a background check is not challenged or if a challenge is unsuccessful, the Human Resources Office is responsible for notifying the individual, in writing, of the final decision disposition.

DEPARTMENTAL RESPONSIBILITY

Hiring supervisors or Human Resources personnel are responsible for reviewing credentials (e.g., degrees and certifications), confirming employment history, and checking references as part of the background check process.

The Human Resources Director or designee is responsible for contacting any prior State of Colorado employers. For applicants previously employed by CCCS, Human Resources shall contact all College Human Resources Offices, including the System Human Resources Office, disclosed on the application or release.

DISQUALIFICATION

An applicant or employee who provides misleading, erroneous, or deceptive information on an application form, resume, credential documents, disclosure form, or in an interview, is immediately eliminated from further consideration for employment or subject to immediate termination.

REVISING THIS PROCEDURE

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

APPENDIX A

Background Disclosure

Colorado Community College System

In connection with your current employment or application for employment, the Colorado Community College System (CCCS) and its designated representatives and agents may procure background information about you from a consumer reporting agency. This background information may be obtained in the form of consumer reports and/or investigative consumer reports (commonly known as “Background Reports”). Background Reports may be obtained at any time after receipt of your authorization.

The types of information that may be obtained as part of the process of considering your suitability for employment or volunteering with the Colorado Community College System include, but are not limited to, criminal records and history, social security number verification, educational history verification, and, if applicable to the employment or volunteer position for which you are applying, a credit check or motor vehicle report. If information bearing on your credit worthiness, credit standing, or credit capacity is obtained, for reasons other than as required by law, such credit information will be used to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being evaluated.

In the event that Background Reports are utilized in whole or in part in making an adverse decision with regard to your current or potential employment or volunteer position, before making the adverse decision, CCCS will provide you with a copy of the criminal record, credit check, and/or motor vehicle report, as well as a description, in writing, of your rights under the law. You will be notified and given the name and address of the consumer reporting agency or other source that provided the information.

The Fair Credit Reporting Act (FCRA) gives you specific rights in dealing with consumer reporting agencies. You will find these rights summarized at the following link: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre35.pdf. In addition, your state may have state laws that apply to investigative consumer reports and consumer reporting agencies. Please consult your state law for additional details.

You may request more information about the nature and scope of any investigative consumer report by submitting a written request to the Human Resources Office for the CCCS College where you are employed, to which you applied, or where you requested to volunteer. If you are employed, applied, or volunteered directly with the Colorado Community College System, you may contact the CCCS Human Resources Office.

By your signature below, you acknowledge that you have carefully read and understand this Disclosure form and the link to the summary of rights under the FCRA. You understand that information contained in your job application, or otherwise disclosed by you, before or during your employment or volunteering, if any, may be used for the purpose of obtaining and evaluating Background Reports. You also understand that nothing herein shall be construed as an offer of employment, volunteer position, or contract for services.

Criminal convictions, guilty or nolo contendere pleas, deferred adjudications, or deferred judgments that are part of an adult (non-juvenile) record must be reported on the Conviction Details form below.

Important Instructions for Conviction Details:

Applicant’s Name:___________________________________________________________
(Please Print)
Applicant’s Address:_________________________________________________________
City/State/Zip:______________________________________________________________

Background Disclosure

Conviction Details

If you have no convictions, guilty or nolo contendere pleas, deferred judgments, and/or deferred adjudications, or applicable driving offenses to report, please check here and sign below. __

Convictions, Guilty or Nolo contendere pleas, and/or Deferred Judgments or Adjudications:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

Date (mm/yyyy):

Location (city, state):

Type of offense:

Name of court:

Nature of offense:

I certify that the statements made above are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I understand that any false statements made herein, including omissions, will void my application and any actions based on it, and I will not be eligible for future employment or volunteering with the Colorado Community College System.

Signature:

Date:

If you have trouble accessing this form online, please contact Human Resources for assistance.

APPENDIX B

Background Authorization

Colorado Community College System

By my signature below, I consent to preparation of Background Reports by a consumer reporting agency, and to the release of such Background Reports to the Colorado Community College System (CCCS) and its designated representatives and agents, for the purpose of assisting CCCS in making a determination as to my eligibility for promotion, retention, employment, or a volunteer position, or for other lawful purposes. I understand that if the Colorado Community College System hires me, my consent will apply, and CCCS and its designated representatives and agents may obtain Background Reports throughout my employment, volunteering, or contract period. In the event that any of these reports are utilized in whole or in part in making an adverse decision with regard to my employment, potential employment, or volunteer position, before making the adverse decision, CCCS will provide me with a copy of the Background Report as well as a description, in writing, of my rights under the law.

According to the Fair Credit Reporting Act (FCRA), I am entitled to know if action is taken, or employment or a volunteer position is denied, because of information obtained from a consumer reporting agency. If so, I will be notified and given the name and address of the agency or the source that provided the information.

I acknowledge that a facsimile (FAX) or photocopy shall be as valid as the original.

I hereby authorize, without reservation, any law enforcement agency, governmental agency, institution, information service bureau, school, employer, insurance company, or reference contacted by the Colorado Community College System, or its agents, to furnish the information requested, based on need for my employment, potential employment, or volunteer position.

The following information is required by law enforcement agencies and other entities for positive identification purposes when checking public records. It is confidential and will not be used for any other purposes.

Please print your full name:

Last:

First:

Middle:

Please print other names you have used and when they were last used:

Social Security Number:

Date of Birth:

Sex: □ Male □ Female

For positions that will be driving a State of Colorado or CCCS vehicle or transporting students:

Driver’s License Number:

State Issuing License:

Name as it appears on license:

Address information for the past seven (7) years, and prior state employment are required.

ADDRESS INFORMATION:

Present Address

Street:

City:

State:

Zip:

County:

How long have you resided at this address?:

As necessary, please list all previous addresses within the past seven (7) years and the amount of time spent at each:

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

Previous Address

Street:

City:

State:

Zip:

County:

Dates you resided at this address:
From MO/YR to MO/YR

PRIOR STATE EMPLOYMENT INFORMATION:

Have you ever worked for a community college in the State of Colorado, including within CCCS?
Yes __
No __
If yes, list the colleges, dates, and positions held:

Employer:_____________________Date(s):_______________Position(s):_________

Employer:_____________________Date(s):_______________Position(s):__________

Employer:_____________________Date(s):_______________Position(s):__________

(Use another page if there are additional community colleges in the State of Colorado for which you have ever worked.)

Have you ever worked for any other State of Colorado employer?
(e.g., state agency or institution of higher education)
Yes __
No __
If yes, list the state employer, dates, and positions held:

Employer:_____________________Date(s):_______________Position(s):_________

Employer:_____________________Date(s):_______________Position(s):__________

Employer:_____________________Date(s):_______________Position(s):__________

(Use another page if there are additional state agencies for which you have worked.)

I certify that the statements made above are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I understand that any false statements made herein, including omissions, will void my application and any actions based on it, and I will not be eligible for future employment with the Colorado Community College System.

Signature:

Date:

If you have trouble accessing this form, please contact Human Resources for assistance.

APPENDIX C

General Release and Authorization

Colorado Community College System

I, ____________________________________, for myself, my successors, agents, and estate, hereby release the State of Colorado, the State Board for Community Colleges and Occupational Education (SBCCOE); Colorado Community College System, including its colleges (CCCS) and all current and former employees, agents, and attorneys of the State of Colorado from any and all claims, causes of action, liabilities, expenses, and damages which I may assert against any of them as a result of my undergoing an employment or pre-employment background and reference check conducted by the Colorado Community College System.

Furthermore, I hereby authorize any former employer and/or agents of a former employer, to provide information, including, but not limited to, confidential personnel information, to any representatives of the Colorado Community College System upon request.

Furthermore, I, for myself, my successors, agents, and estate, hereby release any former employer and/or any agents of a former employer from any and all claims, causes of action, liabilities, expenses, and damages which I may assert against any of them as a result of the information they provide to the Colorado Community College System as part of an employment or pre-employment background and reference check by the Colorado Community College System.

Furthermore, I understand that this release shall be forever binding, and no revision, modification, or release therefrom may be made without the express written consent of the Colorado Community College System.

A photocopy of this release will be sufficient to authorize the release of the aforementioned information.

Signature:

Date:

If you have trouble accessing this form, please contact Human Resources for assistance.

APPENDIX D

Fingerprint-Based Criminal History Record Release and Authorization

Colorado Community College System

I, ____________________________________, understand that I will be performing job functions that may require me to have access to federal tax information, or I will otherwise be employed in a position that requires a fingerprint-based criminal record check (e.g., law enforcement or certain child care facility personnel). Therefore, I am subject to submitting a complete set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a fingerprint-based criminal record check.

Furthermore, I, for myself, my successors, agents, and estate, hereby release any former employer and/or any agents of a former employer from any and all claims, causes of action, liabilities, expenses, and damages which I may assert against any of them as a result of the information they provide to the Colorado Community College System as part of an employment or pre-employment background and reference check by the Colorado Community College System.

Furthermore, I understand that this release shall be forever binding, and no revision, modification, or release therefrom may be made without the express written consent of the Colorado Community College System.

A photocopy of this release will be sufficient to authorize the release of the aforementioned information.

Signature:

Date:

If you have trouble accessing this form, please contact Human Resources for assistance.