POLICY PURPOSE:

State and federal laws have been enacted to promote fairness and equity in the hiring process, including laws that govern the use of criminal background checks in making employment decisions. CSU Pueblo desires to maintain compliance with these laws, assure that prospective employees, current employees, and volunteers are treated fairly, and provide a safe environment for the campus community. This policy establishes when criminal background checks will be conducted and the processes that will be followed to ensure that candidates and employees are treated fairly.

POLICY APPLIES TO:

This policy applies to all employees and certain volunteers of CSU Pueblo, including faculty, administrative professionals, state classified employees, and all other employee types, including student employees in positions that involve cash or payment handling, working with vulnerable populations, or access to sensitive information.

DEFINITIONS:

1.  Background Check: The process of gathering and reviewing information furnished by a criminal justice agency or third-party vendor in the  business of obtaining and providing information relating to an individual's criminal convictions.

2.  Conviction: A guilty verdict, a guilty plea or a plea of nolo contendere to a felony or other offense involving moral turpitude. A deferred judgment is not a conviction.

3.  Final Applicant: An individual who is considered a prospective employee or volunteer, or a current employee who is being considered for  promotion or transfer, and to whom a conditional offer of employment or promotion or transfer will be made.

4.  Finalist: An individual who has been identified as being in the final stage of a search process.

5.  Hiring Authority: The individual in the University division or department having the authority to make hiring decisions for the relevant position.

6.  Moral Turpitude: An act involving dishonesty or depravity, including, but not limited to:

a.  Dishonesty, fraud, deceit, theft, embezzlement, bribery, perjury, or misrepresentation.

b.  Deliberate violence.

c.  Sex offenses, and any act requiring registration as a sex offender.

d.  Felony possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance as defined in  Colorado Revised Statutes (C.R.S.) § 18-18-102(5), or 21 U.S. Code § 802(6).

e.  Acts constituting public intoxication, operating a motor vehicle while under the influence of alcohol or other substance, or disorderly conduct, if any two or more acts are committed within any 12-month period.’’

f.  Acts constituting offenses involving family relations under C.R.S. Title 18, Article 6.

g.  Acts constituting an offense of obstructing public justice under C.R.S. Title 18, Article 8.

POLICY STATEMENT:

1.  The University will not state in a position announcement that a person with a Conviction may not apply, and will not inquire into, or require  disclosure of, a Conviction in application materials. However, this section does not apply if a law or regulation provides that a Background  Check must be conducted for a specific position, or that a person with a certain Conviction may not hold such position.

2.  Except as otherwise provided in this policy, all Final Applicants are subject to a Background Check. Hiring Authorities are responsible for initiating a Background Check through the department of Human Resources and Institutional Equity (HRIE).  

3.  Rehired Employees/Break in Service: A break in service of an individual’s employment, contract, or other relationship with the University of 12 months or less does not necessitate a  new background check unless the individual returns to an assignment requiring a check(s) which was not performed within the preceding 12 months (e.g., the position requires driving and a motor vehicle record check was not previously run). Sabbatical leave, parental leave, military leave, and other types of university-approved leave, do not constitute a break in service.

4.  HRIE shall have general responsibility for conducting Background Checks. 

5.  The CFO should work with the Senior Director of HRIE and Student Financial Services to perform background checks on all employees that handle cash, including student workers.

6.    When a Background Check reveals that a Final Applicant has pending criminal charges, the pendency of those charges may be used as a factor  in making an employment decision.

7.    When a Background Check reveals that a Final Applicant has a Conviction, and the following conditions are met, the Conviction may be used as  a factor in making an employment decision:

a.  The record of Conviction shows that it is final (meaning that a verdict was entered, or other disposition of the case was made).

b.  The record of Conviction does not show that the person convicted has been pardoned.

c.  The record of Conviction has not been sealed or expunged.

d.  No court has issued an order specifying that the Conviction may not be used in making an employment decision.

8.    If a Conviction of a Final Applicant may be used in an employment decision, HRIE and the appropriate Hiring Authority will consider the following:

a.  The nature of the offense.

b.  The length of time since the Conviction.

c.  The bearing of the Conviction on the responsibilities of the position. 

d.  The bearing of the Conviction on the health, safety and welfare of persons and safety of property on the CSU Pueblo Campus. 

e.  Any information regarding the rehabilitation and good conduct of the Final Applicant.

9.    Information related to the criminal record of a Final Applicant shall be kept in the employee’s confidential personnel file and shall only be  released upon specific authorization by the Final Applicant or the University’s Office of the General Counsel.

10.  If an employment decision is taken that is adverse to the Final Applicant based on the results of a Background Check, HRIE will follow a  procedure consistent with the requirements of the Fair Credit Reporting Act. This includes the rights enumerated in the publication, “A Summary of Your Rights Under the Fair Credit Reporting Act,” a copy of which will be provided to the Final Applicant.

11.  Hiring Authorities should not allow the Final Applicant to begin work before HRIE has notified them that the Background Check has been  successfully completed, except in exigent circumstances when delay may cause a hardship to the work unit. If work does begin before the Final  Applicant has satisfactorily completed a Background Check, the appointment may be terminated immediately if the results of the Background Check would prevent the hire under this policy.

12.  Employees are required to inform their supervisor within 72 hours, if at any time during their employment, or during any break in service, they    are arrested, charged with a crime and/or pled guilty or are found guilty of a crime under state or federal law.

RELATED LAWS, POLICIES & PROCEDURES:

1.  C.R.S. § 24-5-101, Effect of Criminal Conviction on Employment Right

2.  C.R.S. § 8-2-130, Criminal History—Limits on Advertisements and Applications

3.  C.R.S. § 18-18-102(5), Unlawful Distribution, Manufacturing, Dispensing, or Sale

4.  C.R.S. Title 18, Article 6, Offenses Involving the Family Relations

5.  C.R.S. Title 18, Article 8, Domestic Violence

APPROVAL:

Approved by Timothy Mottet, President

10/10/2023