California State University
HR Technical Letter (HR 2015-08).
Background Check Policy
Effective August 3, 2015
Colleagues:
The CSU Systemwide Human Resources office has worked in collaboration with the Unions and
stakeholders to update the System-Wide Background Check policy which is effective on August
3, 2015. The new policy consolidates new requirements and other existing policies into a single
comprehensive document promulgated under technical letter HR 2015-08. If you are unable to
successfully follow the hyperlink, paste the following URL into your browser to access the
technical letter and policy: http://www.calstate.edu/HRAdm/pdf2015/HR2015-08.pdf
The California State University (CSU) System, and Fresno State are committed to protecting the
health, well-being, and safety of all employees, students, volunteers, and guests. The
Background Check Policy will foster these goals and reduce risks. In an effort to assist
managers and employees to fully understand the new policy, the following Frequently Asked
Questions are provided.
Initial Implementation:
Q1.
A.
When does the policy become in effect?
August 3, 2015.
Q2.
A.
Is the policy retroactive?
The policy is not retroactive. Job postings which occurred before August 3, 2015 did not
provide applicants with appropriate notice and are, therefore, NOT subject to the
Background Check Policy.
Q3.
A.
Will current employees have to have a background check?
After August 3, 2015 current employees will be required to complete a background check
when the employee is voluntarily accepts a position for which a background check is
required by law, or a “sensitive” position that requires a background check.
Q4.
A.
I have a job posted, will this policy apply to the person I hire:
No, all current postings and subsequent hires are NOT subject to the new policy. The
reason being that he/she were not informed of this requirement in advance of their
application or further consideration. Specifically, all newly appointed AY2015-16 faculty
are NOT subject to a background check.
Q5.
Who will be impacted? Who are the Affected Groups?
A.
The policy requires background checks for the following groups who applied and are
hired into positions posted AFTER August 3, 2015:
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1. New hires
o Staff, Faculty, and MPPs; includes temporary, intermittent, emergency
appointments, and hourly.
o Employees rehired after a 1 year (12 month) or more break in service.
o Current employees who are the successful candidate for positions posted as
“sensitive.
2. Student workers, including Teaching Associates, Graduate Assistants and
Instructional Support Assistants to be employed in “sensitive” positions; or if they
will have duties that would require a background check if performed by a CSU
employee.
3. Volunteers who perform work in a position designated as “sensitive”.
4. Special consultants, and auxiliary employees if they perform duties that would
require a background check if performed by a CSU employee.
5. Employees, volunteers, and consultants who perform work involving direct contact
with minor children at CSU-hosted recreational camps or activities. In an effort to
provide the safest possible environment for minor children, the CSU will conduct a
background check, including a criminal records check and sexual offender registry
check for all employees, volunteers, and consultants who perform work involving
direct contact with minor children at CSU- hosted recreational camps that are
operated by the CSU or on CSU property, a CSU auxiliary, or by an outside entity.
Sensitive Positions:
Q6.
A.
What is a “sensitive” position?
Positions are identified as “sensitive” based on the Background Checklist on the
HR/Employment/Forms webpage. Simply put, a position is identified as “sensitive”
when:
a) Federal or State law requires a background check and/or
b) the current employee is voluntarily moving into a position for which a background
check is required by law, or a sensitive position that requires a background check
Q7.
A.
How will I know if I am applying for a “sensitive” position?
A Job Posting will clearly indicate when a position is “sensitive. If you apply for a
position with the sensitive designation on the vacancy announcement, in addition to the
email you receive when applying for the positon, you will receive a second email
indicating that you are subject to the new background check policy.
Q8.
A.
What type of positions are defined as “sensitive”?
Whether a CSU position should be considered sensitive is determined by the duties and
responsibilities of the position. Sensitive positions are those designated by the CSU as
requiring heightened scrutiny of individuals holding the position, based on potential for
harm to children, concerns for the safety and security of the people, animals, or property,
or heightened risk of financial loss to the CSU or individuals in the campus
community. A Background Checklist has been developed for the purpose of identifying
these positions and may be found on the HR/Employment/Forms webpage.
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Q9.
A.
Who is responsible for identifying “sensitive” positions for Students, Volunteers,
and TA/GA/ISAs?
Managers and Department Chairs are responsible for ensuring that these individuals are
identified as subject to the Background Check Policy by using the Background Checklist
found on the HR webpage cited in the “Answer” section above. If there is a question,
please contact the appropriate office, either Faculty Affairs or Human Resources.
Q10. Who determines if the position being recruited is considered ‘sensitive’? How will
this be done?
A.
Human Resources or Faculty Affairs will be the final determination if a position is
considered “sensitive”. Information will be provided by the hiring department and
manager when the recruitment request is submitted. Additional information it is attached
can be found on the Fresno State Jobs webpage.
Impact on Recruiting Positions (Faculty/Staff/Student):
Q11. I tried to submit a Recruitment Request in eRecruit and it wouldn’t allow me to do
so. Why?
A.
With the implementation of the new Background Policy, you must attach the Background
Checklist found on the HR/Employment/Forms webpage to the Recruitment Request. You
may do so by navigating to the tab “Attachments”. There is now a drop-down box
identifying the form. Once you have attached the Background Checklist, you will be able
to successfully submit the Recruitment Request.
Q12. How long will it take for the Background Check to be conducted? Who does it?
A.
Fresno State has contracted with Accurate Background through a global CSU contract.
Accurate guarantees a 72-hour turnaround time from when they receive the required
information back from the applicant.
Q13. Will the department know the reasons why an applicant may not successfully pass
the Background Check?
A.
Only Human Resources will be privy to the confidential reasons why an applicant did not
successfully complete the background check.
Q14. Will I be able to hire someone before the background check is conducted:
A.
Yes, in most cases the offer letter can be written with the contingency “based on
successful completion of background check.” There can be NO hire, if the position is
identified as having contact with children until the Federal and National Criminal
database AND National Sex Offender database report have been received.
Q15. What will be different when recruiting?
A.
Job descriptions and postings for positions will specifically state that the candidate must
successfully complete the required background checks.
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Hiring departments should note: All background checks must be completed BEFORE
the employee can start working, including a current employee, or volunteer begins work
in the new position or assignment.
Q16. What will be different when recruiting?
A.
Job descriptions and postings for positions will specifically state that the candidate must
successfully complete the required background checks.
Hiring departments should note: All background checks must be completed BEFORE
the employee can start working, including a current employee, or volunteer begins work
in the new position or assignment.
Background Checks:
Q17. What types of things are included in the Background Check?
A.
Accurate Background conducts a check on the following items as our Basic Package: 7
year County Criminal Search; 7 year Federal Criminal Search; one name (with 3 aliases);
employment verification (all employers for last 10 years); educational verification –
highest degree. Accurate Background will also conduct the following checks, if required
by the position or as appropriate: credit report; motor vehicle report; professional license
verification; national sex offender database; and international criminal database.
Q18. What happens in my background check has negative information or incorrect
information? What can I do about that?
A.
If there is a dispute about the results of the Criminal Offender Record Information (CORI), the
campus is required to provide the applicant with information about the criminal records check
appeal procedure.
Q19. How will background checks be coordinated at Fresno State?
A.
The Office of Human Resources will coordinate checks for the following groups: MPPs,
Staff in Bargaining Units: 1, 2, 4, 5, 6, 7, 8, student employees not covered by unit 11,
Volunteers, and Special Consultants
The Office of Faculty Affairs will coordinate checks for the following represented
groups: Units 3 and only the Unit 11 employees; e.g., teaching associates, graduate
assistants and instructional support assistants who are in positions designated as
sensitive.
Auxiliary Operations will coordinate checks for Auxiliary employees.
Procurement Department will work with departments to ensure that independent
contractors provide verification that they have completed all required checks.
Q20. What is the impact of policy implementation on campus departments?
A.
Human Resources and Faculty Affairs will be responsible for the background check
process. Before the position is posted, campus departments will be responsible for
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working with the appropriate department (HR, Faculty Affairs, and Auxiliary
Operations) to determine whether any positions are performing “sensitive” work which
would subject them to background checks.
Similarly, all departments will be responsible for consulting with Procurement before
bringing on any Independent Contractors that may be performing sensitive work or work
that would subject them to a legal background check. Independent Contractors are
responsible for attesting that the appropriate background check has been performed.
We realize that this new policy will generate a lot of questions and prompt many discussions –
we’re here to help. Human Resources is currently revising applicable forms and internal
procedures to ensure compliance with the new policy.
Please direct specific questions about this policy to the following individuals:
Jan Parten, AVP Human Resources, (559) 278-7515, jparten@csufresno.edu ; or your assigned
HR Generalist
Rudy Sanchez, Interim AVP, Faculty Affairs, (559) 278- 3027, rjsanchez@csufresno.edu
Nicole Lane, Auxiliary Operations, Human Resource Director, (559) 278-0865,
nicolel@csufresno.edu
Thank you,
Fresno State Human Resources Department
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