• Seton Hall University
• Policies and Procedures

Purpose

It is important that the Catholic educational mission of Seton Hall University (“Seton Hall” or “University”) is supported by qualified employees and other individuals who foster a safe and secure environment for all University constituencies. Seton Hall also must take reasonable actions to protect its funds, property and other assets. Background checks reduce potential risk to the University and its constituencies.

Scope

This is a University-wide policy that applies to all officers, priests, faculty (full and part-time, as well as adjunct), administrators, staff members, employees, Graduate Assistants, all persons residing in University housing including Resident Assistants, non-employees occupying an office or other space on the University premises (“Occupants”), Volunteers, and prospective employees.

Definitions

“Employee” shall mean any officer, priest, faculty (full and part-time, as well as adjunct), administrator, staff member, full and part-time employee, Resident Assistant and Graduate Assistant.  “Occupant” shall mean any non-student who is anticipated to reside or resides in University housing in excess of 15 days in any 21-day period, or a non-employee who is anticipated to occupy or occupies an office or other space on the University premises in excess of 15 days in any 21-day period. “Volunteer” shall mean an uncompensated individual who provides services to Seton Hall as defined and authorized in accordance with the University’s Volunteer Policy.  For purposes of this Background Check Policy, Volunteer shall refer only to those required to undergo a background check pursuant to the Volunteer Policy.  

Policy

1.  Seton Hall requires that all Employees and prospective employees who have received a conditional offer of employment consent to, and undergo, an appropriate background check prior to and as a condition of employment by the University, and any subsequent assignment, transfer and/or promotion, except as otherwise provided by the policy. Any Employee who has not undergone a background screening since October 17, 2012 is required to undergo a background check within 30 days of the effective date of this policy, the satisfactory completion of which is required for continued employment by the University.  

2.  Seton Hall requires that all Occupants consent to, and undergo, an appropriate background check prior to residing, and as a condition of residency, in University-owned housing.  Any Occupant who resides in University housing, but has not undergone a University background screening since October 17, 2012, is required to undergo a background check within 30 days of the effective date of this policy, the satisfactory completion of which is required to continue residency in University housing.  Seton Hall also requires that all Occupants consent to, and undergo, an appropriate background check prior to occupying, and as a condition of occupancy, in an office or other space on the University premises.  Any Occupant who occupies an office or other space on the University premises, but has not undergone a University background screening since October 17, 2012, is required to undergo a background check within 30 days of the effective date of this policy, the satisfactory completion of which is required to continue occupancy in an office or space on the University premises. 

3.  Seton Hall requires that all Volunteers consent to, and undergo, an appropriate background check prior to receiving authorization to act as a Volunteer and as a condition of receiving authorization from the University to act as a Volunteer.

4. A background check is not required for tenured or tenure-track faculty member for the purposes of renewing the tenure-track appointment, for promotion in rank or for the award of tenure.  

5.  The University requires an appropriate background check for any Employee, Occupant, or Volunteer who has a break in service, residency, occupancy or authorization as a Volunteer, in excess of one year prior to reemployment or otherwise returning to the University as an Occupant or Volunteer.  

6.  The standard background check required by the University includes an examination of criminal records (county, in-state, out-of-state, federal and sex offender registry), verification/trace of the Social Security number, reference checks, and the verification of educational records, degrees, licenses and resume. Additional background checks may be required depending on the nature of the position or role and the surrounding circumstances. Such additional background checks may include, but are not limited to, credit/financial investigation, drug and alcohol testing, physical examination, motor vehicle records check and fitness for duty evaluation.

7.  If an existing or returning (as defined in Paragraph 5 above) Employee, Occupant or Volunteer is convicted of a crime, enters a plea of responsibility or is the subject of pending criminal charges, the individual has an affirmative duty to notify the Department of Human Resources or, for faculty, the Office of the Provost, within five (5) business days of the conviction, plea or charge.

a.  Failure to do so may be cause for termination of employment, residency, occupancy or authorization as a Volunteer.  

b.  For those full-time faculty members to whom a Faculty Guide applies, termination for cause shall be governed by the procedures set forth therein.  

8.  Omitting or falsely reporting any information by anyone subject to this policy is cause for withdrawal of an offer of employment, promotion or transfer and/or cause for termination of employment, assignment, residency, occupancy or authorization as a Volunteer. 

9.  The University will assess the results of the background check and determine whether the results are satisfactory. 

Non-discrimination

The University requires that background screenings be instituted on a consistent and nondiscriminatory basis.  Background checks and results will not be used to discriminate on the basis of age, sex, gender, disability and/or handicap, race, color, religion, national origin, nationality or ancestry, affectional or sexual orientation, gender identity or expression, pregnancy, veteran status or military service, marital status, domestic partnership or civil union status, status as a domestic violence victim, arrest status, AIDS and/or HIV status, atypical hereditary cellular or blood trait, genetic information or membership in any other class protected by state or federal laws, now or in the future.  This non-discrimination policy is administered by the University in accordance with all state and federal laws and regulations and the teachings of the Catholic Church.

Procedures 

1.  The University utilizes the services of a third-party vendor to manage background checks and/or may conduct some or all of the background checks itself. 

2.  The Department of Human Resources and/or the Office of the Provost are responsible for the administration of the Background Check Policy, as applicable. The Department of Human Resources will assess the results of all background checks for non-faculty Employees, Occupants and Volunteers in consultation with the appropriate division Vice President.  The Office of the Provost, in consultation with the Department of Human Resources, will assess the results of all background checks for faculty.

3.  Conditional offers of employment, promotion, transfer, residency, occupancy or authorization as a Volunteer may be extended pending the satisfactory results of all relevant background checks. Such offer letters should provide that the offer is contingent upon a satisfactory background check.  The Department of Human Resources shall be responsible for sending the conditional offer or authorization letter to non-faculty Employees, Occupants and Volunteers, and the Office of the Provost shall be responsible for sending the conditional offer letter to faculty.  

4.  All candidates for employment, promotion (except faculty) or transfer, residency, occupancy or authorization as a Volunteer are required to sign a consent/release form that authorizes the University to investigate all statements made on the employment  application, resume, curriculum vita or related documents, undertake the appropriate background checks, and authorizes other educational institutions, employers and references to respond to questions concerning the candidate and/or information contained in the application. All candidates must sign the consent/release no later than three (3) business days of the conditional offer or the offer may be rescinded.

5.  If a criminal history has been reported by the candidate, and/or the criminal background check results in the discovery of criminal records, the Department of Human Resources or the Office of the Provost, as applicable, may consult with appropriate University officials, including, but not limited to:

a.  For non-faculty Employees, Occupants and Volunteers, the Department of Human Resources may consult with the requesting department head and the division Vice President

b.  For faculty, the Office of the Provost may consult with the department chair and Dean. 

6.  Except where employment, residency, occupancy or authorization as a Volunteer 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, its relevance to the position or role, and efforts at rehabilitation and restitution. Criminal convictions, pleas that are acknowledgements of responsibility and pending criminal charges will be considered in the determination of an individual’s suitability for employment, promotion or transfer, residency, occupancy or authorization as a Volunteer. 

7.  For non-faculty Employees, Occupants and Volunteers, subject to Paragraphs 9 - 11 below, the appropriate Vice President shall make the final decision regarding employment, promotion or transfer, residency, occupancy or authorization as a Volunteer. 

8.  For faculty, subject to Paragraphs 9 - 11 below, the Office of the Provost shall make the final decision regarding employment.

9.  If a candidate is to be disqualified based on the information contained in a background check, the Department of Human Resources or the Office of the Provost, as applicable, will provide the candidate with a copy of the background check report and a notice summarizing his/her rights under the Fair Credit Reporting Act. A reasonable opportunity to submit information that disputes the accuracy or completeness of the report to the Department of Human Resources or the Office of the Provost, as applicable, will be provided before a final decision is made. 

a.  For non-faculty Employees, Occupants and Volunteers, the final decision shall be made by the appropriate Vice President, in consultation with the Department of Human Resources. 

b.  For faculty candidates, the final decision will be made by the Office of the Provost, in consultation with the department chair and Dean. 

10.  In the event of a final adverse decision following the process above, the Department of Human Resources will provide the candidate with an additional copy of the background check report, a summary of rights, contact information for the reporting agency, and a statement that the reporting agency did not make the adverse employment decision and cannot explain the basis of the decision.

11.  If the decision is made to hire, promote, transfer, permit residency or occupancy, or authorize as a Volunteer, an individual who has an adverse background check finding(s), justification for the decision must be submitted in writing to the Department of Human Resources by the division Vice President prior to issuing an offer.  If the Department of Human Resources has concerns with such decision, the matter will be directed to the Executive Vice President for Operations for additional discussion with the division Vice President.

12.  Records gathered as a result of a background check will be maintained by the Department of Human Resources or the Office of the Provost as confidential files. These records include the signed consent/release form, any information collected from the background check and any correspondence with the third-party vendor managing the background check. The records will be retained in accordance with the University’s record retention policy and may be reviewed only on a need-to-know basis or as required by law.  For Employees, such records will be maintained separately from the Employee’s general personnel record.

13.  The Department of Human Resources is responsible for the payment of fees associated with all background checks for non-faculty Employees, Occupants and Volunteers, unless otherwise provided by University policy.  Departments are responsible for the payment of fees associated with drug and alcohol testing, and fitness for duty evaluations. The Office of the Provost is responsible for the payment of all fees associated with all background checks for faculty.

Related Policies

• Volunteer Policy
• Occupancy of University Owned Space by Affiliated Members of the Community

Responsible Offices

• Department of Human Resources
• Office of the Provost

Approval

Approved

Revised and approved by Joseph E. Nyre, Ph.D., President, on the recommendation of the Executive Cabinet on June 30, 2020.

Effective Date

November 1st, 2008

• Next Amended: October 18, 2012
• Next Amended: June 30, 2020