1. 政策声明:

   进行背景调查：促进安全的工作环境； to protect students, employees, property, information 和 the public; to make prudent employment decisions based on comprehensive information; 并遵守马里兰州法律。 This policy establishes procedures for conducting Background Investigations as part of the employment process consistent with applicable law 和 regulations, including Maryl和 Code, Family Law Article §5-560.

2. 定义

   1. Background Investigations includes employment reference checks, educational credential 和 professional licensure/certification checks, criminal history checks, motor vehicle record (MVR) checks, physical screening, drug 和 alcohol screening 和 credit history checks.
   2. Criminal History Record Information has the same meaning as defined in Md. Code, Criminal Procedure Article, §10-201.
   3. Criminal Record shall have the same meaning as “Reportable Event” defined by Md. Code, Criminal Procedure Article §10-215. 犯罪记录不包括青少年犯罪记录。
   4. C和idate means an applicant for employment who meets all position requirements 和 has been selected for employment, or prospective Volunteer.
   5. Covered Person means all staff 和 faculty, certain Volunteers 和 certain student employees who are engaged in highly sensitive activities (e.g., those conducting financial transactions, working with vulnerable populations, or otherwise specified in this policy). In the relatively rare case in which relevant facts justify an exception, the Office of Human Resources (OHR) may waive the requirement for a criminal history background check on a specific Covered Person.
   6. Volunteer means a person who performs a service that directly benefits 稳定的十大彩票网站 (“University”), voluntarily or for academic credit 和 without pay. For purposes of this policy, Volunteers will exclude assignments such as Board of Directors, 校友 Association Board, 和 Advisory Boards, but will include those performing office or clerical work; 指导; 与未成年人、老人或残疾人一起工作的； 和 other Volunteer assignments. If there is a question regarding applicability of this policy for a Volunteer assignment, the OHR shall be consulted in advance of the assignment beginning.

3. 主管及办公室

   Responsible Executive: Associate Vice President of Human Resources
   Responsible Office: Office of Human Resources

4. 受此策略影响的实体

   所有受保人员和候选人。 学生雇员也在“自我披露”一栏。

5. 程序:

   The OHR Record Retention Schedule sets forth the retention timelines for all Background Investigations.
   1. 就业背景调查
      1. 应对所有被选中聘用的候选人进行背景调查。
         1. 员工程序
            1. Prior to the extension of an offer, the hiring department shall contact at least two employment references. It is preferred that either the current employer 和 one former supervisor or two previous supervisors be contacted.
            2. 可通过电话或书面联系推荐人。 It is important for the hiring department to confirm that C和idates have consented to having their current employers contacted. 申请人如不同意，亦不会被取消考虑资格。
            3. Hiring managers shall submit recommended reference questions to the OHR for approval in advance of conducting reference checks.
         2. Faculty Procedures
            Reference checks are completed by the search committee prior to the selection of the interview pool.
   2. 教育证书和执照/认证检查
      1. The OHR must verify staff C和idate educational credentials 和 licenses/certifications prior to the start date.
      2. The hiring department must verify faculty C和idate educational credentials 和 licenses/certifications prior to the start date.
   3. 犯罪记录调查
      1. 所有受保人员都需要进行犯罪记录检查。 The OHR shall provide or coordinate the Criminal Background Investigation, with the exception of sworn police officers, police aides, 和 police communications operators, which are coordinated through University Police 和 made in compliance with the Maryl和 Police 和 Correctional Training Commission requirements with regard to criminal history 和 employment eligibility. However, the University will not inquire into the criminal background of any C和idate until after providing the C和idate an opportunity for an interview.
      2. The results of a full (State, FBI 和 Adam Walsh) Criminal Background Investigation must be received for a Covered Person prior to the start date. These individuals shall be required to provide signed consent for the Criminal Background Investigation. An individual declining to provide the required signed consent shall no longer be considered for the position or Volunteer assignment.
      3. If a Covered Person is physically unable to provide fingerprints prior to the start date, the Department must contact the OHR a minimum of five business days in advance of the start date.
      4. Criminal History Record Information will be used only for determining the C和idate’s eligibility for employment or volunteering. A copy of the Criminal Background Investigation shall be provided to the Covered Person upon written request.
      5. 犯罪记录本身不应妨碍被保险人的就业或志愿服务。 In the event a Covered Person has a Criminal Record, the OHR (in consultation with the Office of the General Counsel 和/or other offices as necessary) will consider: the nature of the Criminal History Record Information; the relation of such information to the position for which the Covered Person is being hired or is volunteering; the time since the event(s) referenced in the Criminal History Record Information occurred; 被保险人的行为、工作经历和/或康复努力； 和 any other factors relevant to assessing the job-relatedness of the Criminal Record History Information.
      6. 逮捕记录。 The University may not deny employment to a C和idate based solely on a record of arrest in the absence of a conviction, other criminal penalty, or substantiation of facts underlying the arrest which relate to the C和idate’s fitness to perform the duties of the position.
      7. 非歧视原则。 The use of Background Investigations in employment decisions must be impartial, with no difference in their acquisition or use based on race, sex, religion, ethnicity, sexual orientation, gender identity, or other factors that might promote or imply discriminatory practices.
         1. Even a neutral policy or practice regarding Background Investigations that has the potential to have a disparate impact on a class of individuals must be:
            1. 与具体工作职责相关的
            2. 符合业务需要。
         2. No C和idate or Covered Person may be excluded from employment based upon generalized University policies or practices regarding the use of Background Investigations without an individual assessment that includes the factors described in this section.
      8. 商业背景调查。 If the University denies employment based on Background Investigation information provided by a commercial vendor that qualifies as a Consumer Reporting Agency (CRA) under the federal Fair Credit Reporting Act, the University shall:
         1. 以书面通知候选人； 和
         2. provide the C和idate with a copy of the FCRA’s report 和 a summary of the individual’s FCRA rights.
      9. If a Covered Person is found ineligible for employment or volunteering based on Criminal History Record Information, the OHR shall
         1. provide the Covered Person a copy of the Criminal Background Investigation report; 和
         2. 通知被覆盖人员，如果需要，他/她可以对记录检查结果提出质疑。
         3. Those challenging results must notify the OHR of their intent to challenge the results when initially notified by the OHR that they are ineligible for employment. If a Covered Person challenges the results, he/she must provide the OHR in writing (electronic communication is acceptable) the reasons why the Criminal History Record Information should not render the Covered Person ineligible for employment or volunteering within five business days following notification by the OHR of ineligibility. The OHR will review the information submitted with appropriate University administrators 和 notify the Covered Person of the the final decision.
      10. 犯罪背景调查不能在各机构之间转移。 The University may require re-investigation if there has been a break in service.
      11. The Criminal Background Investigation results shall be maintained in the strictest confidence in a separate 和 secure file that may include an online vendor database.
   4. 犯罪记录的自我披露
      1. All Covered Persons 和 student employees must disclose a Criminal Record to the OHR within five days of the entry of the Criminal Record.
      2. Disclosures 和 failure to disclose pursuant to this policy may subject the employee to discipline, including termination. Employees convicted of drug 和 alcohol related offenses are subject to the discipline required by Executive Order 01.01.1991.16.
   5. 机动车辆（MVR）记录检查
      1. Select positions within the University require driving 和/or operation responsibilities of University vehicles. 这些职位要接受MVR的检查。 Final offers of employment are extended after a C和idate successfully completes the MVR screening.
      2. C和idates for positions requiring a Commercial Driver’s License (CDL) are subject to the federal 和 state laws governing the requirements for these licenses, as well as University requirements.
   6. Physical Screening
      
      Select positions within the University have been identified as requiring a medical physical as a condition of employment. In these instances, it has been determined that physical condition is paramount to performing the responsibilities 和 duties of these positions. Final offers of employment are extended after C和idates successfully complete the employment physical screening. A listing of current University positions that require employment physicals is maintained by the OHR.
   7. Drug 和 Alcohol Screening
      
      Select positions within the University have been identified as requiring drug 和 alcohol testing as a condition of employment. Functions that require a CDL fall under the Omnibus Transportation Employee Testing Act of 1991 和 the Federal Highway 政府 (FHWA) Controlled Substance 和 Alcohol Use 和 Testing Regulations of 1994. The law requires C和idates to undergo 和 pass employment drug tests if the position requires a CDL. Final offers of employment are extended after a C和idate successfully completes the employment drug 和 alcohol testing. A listing of current University positions that require employment drug 和 alcohol testing is maintained by the OHR.
   8. Credit History Checks
      
      Select positions within the University may be identified as requiring credit history checks as a condition of employment. Information disclosed in a credit history check shall not itself bar a Covered Person from employment or volunteering. The University will consider the relation of information to the position for which the Covered Person is being hired (or is volunteering), the time since the event(s) referenced occurred, hardships, 和 disputes with creditors. Credit history checks will be conducted in accordance with the guidelines under the Fair Credit Reporting Act (FCRA). A listing of current University positions that require credit history checks is maintained by OHR.

相关政策:

USM政策VII-1.15，教师和员工犯罪背景调查政策

稳定的十大彩票网站政策07-01.01，招聘、选拔和就业政策

替换政策:

工业大学雇员自行披露犯罪纪录政策（07-01.03）

批准日期: 08/23/2016

有效日期: 10/20/2016

批准: 总统委员会

如何索取策略PDF

该政策的在线版本可能包括更新的链接和部门名称。 To request a PDF of the original, signed version of this policy, email the Office of the General Counsel, generalcounsel AT_TOWSON.