APPLICABILITY: FACULTY

I. Purpose:

The University of North Texas is committed to protecting the welfare and providing for the security of its students, employees, institutional resources and the public.  One way to achieve this objective is to conduct criminal history background checks on all applicants for and employees in positions defined as security-sensitive by the University.  This includes all full- and part-time faculty. 

II. Policy:

The University of North Texas, in furtherance of its goal of protecting the welfare of its human and financial resources, shall inquire into the criminal history background of any individual who receives an offer of employment as a full- or part-time faculty member at the University and of all current faculty members who are undergoing a personnel review that could result in the granting of tenure.  This process will be conducted in a manner that balances the University’s interest in protecting the general welfare and in respecting individual privacy.

III. Definitions:

Adverse Report – results from a criminal history information search that reveal criminal dispositions against an employee or applicant.

Criminal History Information – any information, whether obtained through disclosure or in an adverse report,  in which an individual is identified as having been indicted, convicted or any other formal disposition of criminal charges pertaining to such individual, including acquittal, sentencing, correctional supervision, or release.

Criminal History Record Information – criminal history information maintained in a restricted database which may be accessed or used only as authorized by section 411.094 of the Texas Government Code or section 51.215 of the Texas Education Code.

Disposition – a conviction by a jury or a court, a plea of guilty or nolo contendere regardless whether sentence is imposed, or any action that results in the termination or indeterminate suspension of the prosecution of a criminal charge.

IV. Procedures:

1.  Requirement to Disclose and Authorize Background Check

All successful applicants in a faculty search and current faculty who forward a tenure dossier for favorable action will be asked to voluntarily disclose any criminal disposition(s) and to consent to a background check by signing a criminal history authorization form.  Failure to consent to a criminal background check or any misrepresentation in a voluntary disclosure may result in revocation of an offer of employment or termination of favorable personnel action.

Ordinarily, background checks will be completed before an offer of employment is made. If circumstances dictate that an offer of employment be extended before completion of a background check, the offer letter must state that the offer and continued employment is contingent upon successful completion of the check. Failure to make the offer contingent upon successful completion of a background check does not create an entitlement to the position.

2. Responsibility of Provost and Vice President for Academic Affairs

The Office of the Provost and Vice President of Academic Affairs, in consultation with Human Resources, will conduct the background check and will be responsible for retention and destruction of criminal history information.

The Provost and Vice President for Academic Affairs will determine whether an offer of employment will be extended or revoked or whether a favorable personnel action will be terminated under this policy. 

If the Provost and Vice President for Academic Affairs determines that a disposition could terminate a personnel review, s/he shall consult with the Dean of the College/School in which the faculty member is seeking tenure before a final decision is made.

3. Verification of Criminal History Information and Background Check

Applicants or faculty about whom an adverse report is received will be informed of the information in the report, in writing, before the report is discussed with a Dean and before a final personnel decision is made.  The individual shall be given a reasonable time, generally not fewer than five (5) business days, to provide documentation establishing that the report is inaccurate, that a reported felony conviction is a lesser violation under the laws of the charging jurisdiction, that a disposition was the subject of a subsequent expungement or sealing order by a competent court, or that the report is otherwise unreliable.

The result of a background check will be recorded on a form created by the Office of the Provost and Vice President for Academic Affairs.  The form shall identify the name of the applicant or faculty member, the date the background check was completed, and the results of the check.  The results shall state only that the check was successfully completed or that an adverse report was received and the person is disqualified from employment in a security-sensitive position. 

Only the completed form will be filed in the applicant’s or faculty member’s permanent record.  All criminal history information relating to the background check will be maintained separately and destroyed in accordance with this policy and the University record retention policy.

4. Use of Criminal History Information
Criminal history information will be used only for the purpose of evaluating personnel decisions involving security-sensitive positions and shall not be used in any manner to discriminate on the basis of race, color, national origin, religion, sex, disability, age, veteran status, or sexual orientation.
This policy does not automatically exclude from consideration for employment all individuals with criminal convictions.  Except, an applicant or faculty member who has been convicted of a sexual offense that requires registration with any law enforcement agency in this or another jurisdiction shall not be eligible for employment or favorable personnel action to a security sensitive position while s/he is required to register as a sex offender.

A conviction that has been expunged or sealed by order of a competent court will not be used in making an employment decision. An individual is not required to disclose a conviction which has been expunged or sealed and may deny the occurrence of the disposition that is the subject of an expunction or sealing order.

5. Suitability Guidelines

In reviewing the result of a background check, consideration will be given to the nature of any revealed conviction and to whether it may have an effect on the welfare of university students, employees, resources, or the public. Whether a disposition results in withdrawal of an offer of employment or termination of favorable personnel action will be made on a case-by-case basis based on factors that include:
            (a)  the specific duties of the position;                               

            (b)  the number of offenses committed by the individual;                   

            (c)  the nature and seriousness of each offense;                             

            (d)  the length of time between the offense and the employment decision;   

            (e)  the efforts by the individual at rehabilitation;  and    
            
            (f)  the accuracy of the information provided in the individual's employment application.

6.  Retention and Disposition of Records

Criminal history information obtained pursuant to this policy shall be maintained in the Office of the Provost and Vice President for Academic Affairs for two (2) years from the date an adverse personnel decision is made unless longer retention is necessary.  Information will be destroyed in accordance with the University record retention policy.

Criminal history record information will be retained until the expiration of the probationary term of the individual's employment. Upon completion of the probationary period, the information shall be destroyed by the UNT chief of police.

7. Confidentiality of Criminal History Information

Criminal history information obtained pursuant to this policy may not be disclosed to anyone other than the individual about whom the information was obtained and individuals involved in the personnel decision without the written authorization of the applicant or faculty member.  To the extent allowed by the Texas Public Information Act and other state or federal law, criminal history information will be treated as confidential.
Criminal history record information obtained pursuant to section 411.094 of the Texas Government may not be released or disclosed to any person except on court order.

8. Access and Review of Criminal History Information

An applicant or employee about whom criminal history information is collected under this policy shall be given access to any information relating to her/him and the right to correct information in accordance with the University privacy policy and Chapter 559 of the Texas Government Code.

9. Applicability and Effective Date of this Policy

This policy does not apply to faculty members who currently have tenure. All applicants for part-time or full-time positions and all non-tenured faculty are subject to this policy, effective January 1, 2008.