Fingerprint-Based Criminal Background Checks for Security- or Safety-Sensitive Positions
Under Arizona Revised Statute 15-1649 and The University of Arizona’s Pre-Employment Screening Policy 103.1, the finalist for a designated security- or safety-sensitive position, or a finalist that indicates on the application form that they have been convicted of a felony, shall submit a full set of fingerprints to the University for the purpose of obtaining a state and federal criminal records check. Employment is contingent upon the satisfactory outcome of the criminal background check.
Fingerprint-based criminal background checks shall be conducted on outside finalists for new positions as well as individuals currently employed by the University who are hired, promoted, reclassified or transferred into a security- or safety-sensitive position at The University of Arizona. A Department of Motor Vehicle (DMV) check will also be conducted in conjunction with criminal background checks.
When a finalist for a change of position (such as reclassification, promotion, transfer or other similar change) or a finalist previously employed by the University has had a fingerprint-based criminal background check in the previous twelve months, Human Resources may exempt the department from conducting a duplicate check at the time of the internal change or rehire.
Regular and graduate student employees, affiliates, associates and volunteers in security- or safety-sensitive positions or departments shall also be subject to a fingerprint-based criminal background check.
Security- or Safety-Sensitive positions include:
- senior level administrators (president, provost, vice provost, deans, vice presidents, assistant and associate vice provosts, vice presidents and deans, department heads and department directors, including interim and acting);
- business managers, business manager, seniors, and other senior level finance and business-related financial administrative positions;
- positions with unsupervised contact with minors not enrolled at The University of Arizona;
- positions with direct access to select biological/biochemical agents, as defined by the USA Patriot Act of 2001;
- positions with unrestricted access to residence hall private rooms;
- any finalist who indicates a prior felony conviction on his or her employment application;
- other positions requested by a dean or vice president to be designated as “security- or safety-sensitive”.(See Request Form)
Fingerprint-Based Criminal Background Check Procedures
- The hiring department shall indicate on the job requisition that the position is designated as “security- or safety-sensitive” when completing the on-line Career Track job requisition (based on job title, department, or job duties performed by the finalist).
- When a finalist accepts the job offer, the finalist shall receive and sign a letter of offer that includes the statement that “employment is contingent upon the successful outcome of all pre-employment screening and criminal background checks”.
- New employees are also required to sign and complete the “Notification of Policies” (link is located at http://www.hr.arizona.edu/forms.php#recruit) form located in the new employee packet, which includes criminal background check requirements.
- After a finalist accepts a job offer, the hiring department shall change the finalist’s status designation from “Interviewed” to “Offer Accepted - Initiate Background Check” in the Career Track job requisition. This will generate a notification to Human Resources to begin the fingerprint criminal background and DMV check.
- Human Resources will forward a fingerprint packet to the candidate that includes the consent and disclosure form, a fingerprint instruction sheet, a fingerprint card, and an Human Resources self-addressed envelope. The instructions direct the finalist to hand-carry or mail the completed consent form and fingerprint card to Human Resources. (It is not necessary to give a consent and Disclosure form directly to the candidate, because a consent form is included in the fingerprint packet).
- Upon receipt of the fingerprint card and consent form, Human Resources shall forward the finalist’s fingerprint card and accompanying documents to the Arizona Department of Public Service (DPS) and submit a separate request for a DMV check with the University vendor or the UA Department of Risk Management and Safety.
- DPS shall conduct a state-wide criminal background check and forward the finalist’s fingerprints to the Federal Bureau of Investigations (FBI) for a federal criminal background check. Total turnaround time is generally ten (10) business days.
- Human Resources will receive the results of the state and federal criminal background records check and DMV results and will notify the hiring department as described below.
- No Relevant Adverse Information Uncovered
If information received from the criminal and DMV records do not indicate a need for adverse employment action, the hiring department will receive an email notification that the finalist is eligible for hire. The hiring department shall forward the appropriate hiring documents to Human Resources or the Office of the Provost (as applicable) for processing. (If there is an urgent need to begin the hiring process, departments may submit new hire documents in advance if the consent and disclosure form and fingerprint card have been received by Human Resources).
- Adverse Information Uncovered
If relevant adverse information is confirmed, Human Resources will contact the dean, director or department head to determine if adverse information could disqualify the finalist from further consideration. Human Resources will also notify the finalist of their right to review the report information and submit an appeal as provided under the Fair Credit Reporting Act.
If the finalist is not eligible for hire, Human Resources will notify the department as to action to be taken and advise the department about selecting another candidate or re-posting the position as appropriate.
Assessing Criminal Conviction Information
Evidence of criminal convictions or other adverse information will not automatically disqualify a finalist from consideration. When considering whether to employ an individual with a criminal history, Human Resources may confer with the hiring authority to determine if the information will disqualify the finalist for employment. Considerations include relevance of a criminal conviction to the job duties to be performed, the nature and seriousness of the offense, the finalist’s work history since the conviction, the date of the most recent offense and the truthfulness of the information provided by the finalist.
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