Pre-Employment Background Investigations Policy

Policy Statement

SUNY Brockport is committed to maintaining a safe environment for its faculty, staff, students, volunteers and the general public that use our facilities. Therefore, in order to ensure the hiring of employees of the highest integrity and to maintain a safe campus community, SUNY Brockport will conduct pre-employment background investigations on all individuals for whom employment is to be offered. This will include all new full-time and part-time state employees, volunteers, Graduate/Teaching Assistants, temporary employees, transfers from other New York State agencies and any individual who is considered for rehire after a consecutive three- year break in service.

Pre-Employment Background Investigations will be conducted on candidates after a verbal, contingent offer of employment has been made, prior to the extension of a written offer of employment. Written offers of employment will be made based in whole or in part on the positive outcome of the pre-employment background investigation considering the factors as described in the policy. No external employment candidate may commence employment for the University until the appropriate screenings have been completed, except under special circumstances and with the prior approval of the Director of Human Resources.

Candidates will be asked to sign an authorization form (either on paper or electronic) allowing SUNY Brockport to conduct a pre-employment background investigation. Failure of an applicant to sign the authorization form will disqualify the applicant from further consideration. In addition, all applicants will be required to complete an employment application.

Inconsistency, omission, or falsification of information provided by the candidate versus that obtained by the pre-employment background investigation may disqualify the applicant from further consideration.

Purpose/Scope

There is no purpose/scope provided for this policy at this time

Applicability

There is no applicability provided for this policy at this time

Definitions

There are no definitions for this policy at this time.

Policy Procedures

1. The Office of Human Resources will have the responsibility for ensuring all applicants are aware of the University’s policy for pre-employment background investigations. This will be communicated via the online employment system, Human Resources website, and employment advertisements. Position advertisement (postings) will contain notification to applicants that, prior to hiring, the final candidate must successfully pass a pre-employment background investigation.

2. The Office of Human Resources is responsible for ensuring pre-employment background investigations are completed within the guidelines of this policy and federal and state regulations. The pre employment background investigation may include but is not limited to: identification and educational credential(s) confirmation, criminal records check, sexual offender registry status, driving records, and employment background.

3. Applicants invited for an on-site interview will be asked by the hiring manager if they have a valid email address. If the applicant responds affirmatively, the hiring manager will provide the applicant with a copy of the Applicant Letter. In this circumstance, the finalist will receive an email inviting them to complete the online authorization form and will be provided with appropriate copies of the aforementioned documents electronically.

If the applicant responds negatively, the hiring manager will ask the applicant to sign an authorization form, separate from the employment application, allowing SUNY Brockport to conduct a pre-employment background investigation, and they will be given a copy of the Fair Credit Reporting Act Summary of Rights (FCRA) and a copy of Article 23-A of the New York Correction Law. Human Resources will send these forms to the hiring manager or search committee chair with the approved list of interviewees.

The hiring manager should ensure that each finalist receives the appropriate documents, and as needed, completes and signs the authorization form. Due to confidentiality, the completed authorization forms should be sealed in an envelope by the candidate and hand delivered or mailed to the Office of Human Resources.

4. Prior to making appointments of new adjuncts, temporary employees, GA/TA’s and volunteers, the department chair or hiring manager should ask the applicant if they have a valid email address.

If the applicant responds affirmatively, the hiring manager will provide the applicant with a copy of the Applicant Letter (insert link). In this circumstance, the applicant will receive an email inviting them to complete the online authorization form and will be provided with appropriate copies of the aforementioned documents electronically.

If the applicant responds negatively, the hiring manager will ask the applicant to sign an authorization form, separate from the employment application, allowing SUNY Brockport to conduct a pre-employment background investigation, and they will be given a copy of the Fair Credit Reporting Act Summary of Rights (FCRA) and a copy of Article 23-A of the New York Correction Law. Human Resources will send these forms to the hiring manager.

The hiring manager should ensure that each applicant receives the appropriate documents, and as needed, completes and signs the authorization form. Due to confidentiality, the completed authorization forms should be sealed in an envelope by the candidate and hand delivered or mailed to the Office of Human Resources. Applicants will also be required to complete an employment application.

5. Pre-employment Background Investigations will be conducted on candidates after a verbal, contingent offer of employment has been made, prior to the extension of a written offer of employment. Written offers of employment will be made based in whole or in part on the positive outcome of the pre-employment background investigation considering the factors as described in the policy. No external employment candidate may commence employment for the University until the appropriate screenings have been completed, except under special circumstances and with the prior approval of the Director of Human Resources.

6. Applicants will be formally notified in writing (or email) that SUNY Brockport has received information from the pre-employment background investigation which may contain disqualifying information (Pre-Adverse Action Letter). The applicant will be presented with the information obtained in the pre-employment background check pursuant to the Fair Credit Reporting Act and will be provided copy of the Fair Credit Reporting Act Summary of Rights (FCRA). The applicant will also be provided an opportunity to respond to the information contained in the report as provided by the Fair Credit Reporting Act.

7. The Office of Human Resources will be responsible for determining the nexus between any criminal conviction, or other negative aspect of the pre-employment background investigation, and the job duties to be performed and other safety factors as indicated in the policy. In consultation with senior leadership, a decision will be made if the candidate needs to be disqualified based in whole or in part on the results of the information contained in the pre-employment background investigation.

8. After approximately five (5) business days, barring the receipt of any new information that changes or clarifies the pre-employment background investigation and eliminates any discrepancies, SUNY Brockport will send the applicant a second letter rejecting the applicant’s candidacy based on in whole or in part, the disqualifying information generated bythe pre-employment background investigation. (Adverse Action Letter)

9. The University will be responsible for paying fees associated with pre-employment background investigations.

10. All information received in the pre-employment background investigation process will remain confidential. Only those who have a legitimate business related reason will have access to review the information.

Links to Related Procedures and Information

Related Forms

Pre-Employment Background Investigations Authorization Form
Correction Law Article 23A
Summary of Rights Under the FCRA

Contact Information

There is no contact information for this policy at this time.

History (in descending order)

Approval

There are no approvals for this policy at this time.