Policy ID:
Date Instituted: November 1, 2008
Last Revised: November 1, 2008

Policy Description

PURPOSE
It is important that the Catholic educational mission of Seton Hall University (“Seton Hall” or “University”) is supported by qualified employees who foster a safe and secure environment for all University constituencies. Seton Hall must also take meaningful and reasonable actions to protect its funds, property and other assets. The implementation of a comprehensive background investigations policy and procedures is a significant step in reducing the potential risk to the University and its constituencies arising out of employment decisions.

SCOPE
This policy applies to the appointment and continued employment of all full, part-time and temporary University administrators and bargaining and non-bargaining unit staff.

POLICY
It is the policy of Seton Hall to require pre-employment background investigations on each new administrator and staff hire for a Seton Hall position. Background investigations shall be conducted on candidates recommended for hire, either prior to the extension of an offer of employment, or as part of an offer of employment that is made contingent upon the satisfactory results of applicable background investigations. Initial employment and continued employment are contingent upon satisfactory background investigations. The determination of “satisfactory” is at the sole discretion of the University. Background information that is falsely reported by the candidate is cause for withdrawal of an offer of employment and/or cause for immediate termination of employment or services. The type of background investigations required is determined by the University considering the nature of the position.

NON-DISCRIMINATION
Background investigations and results will be used only for evaluating the applicant for employment. They will not be used to discriminate on the basis of race, color, national origin, religion, gender, sexual orientation, disability, age, marital status, gender identity or expression and/or veteran’s status. The non-discrimination policy is administered by the University in accordance with the teachings of the Catholic Church.

Background investigations are as follows:

PROCEDURES

1. Seton Hall is utilizing the services of a third party vendor to manage employment background investigations. The investigations are internet-based screening programs that are able to deliver effective, customer-focused solutions in order to provide increased efficiency and faster turnaround.
   
   
2. Human Resources will ensure that position announcements and advertisements contain information on the University’s background investigations requirements, including criminal background investigations.
   
   
3. Hiring managers must inform candidates being interviewed that employment is subject to the satisfactory results of appropriate background investigations as determined by the University.
   
   
4. Human Resources is responsible for the implementation of the background investigations policy and procedures, including assessment of the results of investigations. Background investigations will be conducted on candidates recommended for hire, either prior to the extension of an offer of employment, or as part of an offer of employment that is made contingent upon the satisfactory results of applicable background investigations. The decision not to hire an applicant based on the results of the background investigations will be made by Human Resources in consultation with the appropriate University hiring authority.
   
   
5. All candidates for employment must complete an on-line employment application which informs applicants that they are subject to pre-employment background investigations, including criminal background investigations and other background investigations that are relevant to the position sought. The candidate will also be given and required to sign a separate release form that authorizes the University to investigate all statements made on the employment application and authorizes other educational institutions, employers and references to respond to questions by Seton Hall concerning information contained in the application.
6. Conditional job offers may be extended pending the satisfactory results of all relevant background investigations. New hire letters shall include language that employment is contingent on satisfactory results of relevant background investigations as follows, “Employment is contingent upon satisfactory criminal and other relevant background investigations. The determination of satisfactory is at the sole discretion of the University.” When departments are ready to make an offer of employment, hiring managers should remind the candidates that the offer is contingent upon satisfactory background investigations as determined by the University.
   
   
7. If a criminal history has been reported by the applicant, and/or the criminal background investigation results in the detection of criminal records, Human Resources will consult with appropriate University officials, including but not limited to the hiring authority. Except where employment is expressly prohibited by law, each situation will be reviewed on an individual basis considering factors such as, but not limited to, the nature and age of the conviction, relevance to the position, and efforts at rehabilitation and restitution. Criminal convictions, pleas that are acknowledgements of responsibility and pending criminal charges will be considered in determining an individual’s suitability for employment. If an applicant with a pending criminal charge is hired, his or her continued employment will be reviewed upon disposition of the charge. If a current employee is charged with a criminal offense, convicted of a crime or enters a plea of responsibility, the employee has an affirmative duty to notify Human Resources. The University will investigate, assess and decide the situation in the same manner as if the current employee were an employment applicant. The failure of a current employee to notify Human Resources is cause for termination of employment.
   
   
8. Prior to taking any adverse employment action based on information contained in criminal background investigations, Human Resources will provide the individual with a copy of the report and a notice summarizing the individual’s rights under the Fair Credit Reporting Act. A reasonable opportunity to submit information to Human Resources disputing the accuracy or completeness of the report before a final decision is made will be provided. In the event of an adverse decision, the individual will be given an additional copy of the report, summary of rights, contact information of the reporting agency and a statement that the reporting agency did not make the adverse decision and cannot explain the basis of the decision. If any conviction, regardless of category or severity, appears on a criminal background investigations report and the applicant did not disclose the information prior to the investigation, the applicant may be considered ineligible for employment.
   
   
9. Records gathered as a result of financial/credit and/or criminal background investigations will be maintained by Human Resources as confidential files. Such files will be maintained separately from an applicant/employee’s general personnel records. These records include: the signed release, information collected from any financial/credit and/or criminal background investigations and any correspondence related to the investigations. The records will be retained in accordance with the University’s record retention policy and may be accessed only on a need-to-know basis or as required by law.
   
   
10. Results of financial/credit and/or criminal background investigations will remain confidential and will be shared with authorized individuals only on a need-to-know basis.
    
    
11. Human Resources will be responsible for payment of fees associated with any of the components of the background investigations policy and procedures.

This policy is effective November 1, 2008.  
Responsibility for the interpretation and administration of this policy and procedures resides solely with the Department of Human Resources. The University reserves the right to amend this policy at any time.