The purpose of this policy is to ensure that individuals who join the University workforce or are promoted to positions with certain responsibilities within the University are qualified for the positions for which they have applied and have accurately presented their qualifications during the hiring process. This policy also ensures that the University is exercising reasonable care in selecting its employees to promote a safe and productive educational environment and work place.
Loyola University Maryland conducts various background checks on initial hires, rehired employees, and internal transfers/promotions (see Definitions, Section V), whether part-time, full-time, regular, contractual, or temporary. Current employees as of the effective date of this policy are not subject to background checks unless they move (at their own initiative or the University's) into a different position within the University. Current employees who are registered with the transportation office to operate University-owned vehicles will have a driving record check conducted every three years by the University’s motor vehicle insurer to verify insurability.
For all positions, the hiring manager or his/her designee is responsible for checking professional references prior to an offer being extended. Any questions regarding whether references are satisfactory should be discussed with human resources.
All offers of employment (including internal transfers and promotions) are contingent upon complete and satisfactory findings of all applicable background checks as defined in the Step-by-Step process section of this policy. Background checks may include: social security number search, previous employers, sex offender registry, credit report, criminal records search, verification of academic credentials, driver’s license and driving record check, verification of occupational and professional licenses, drug/alcohol check, physical, and healthcare sanctions check. The office of human resources coordinates the collection of all background check information with a third party vendor.
In most cases, the results of all applicable background checks should be received and evaluated before the individual begins to work. In urgent situations requiring a rapid employment action and with the approval of the human resources office or the dean, an individual may begin to work pending successful completion of the background checks, provided that professional references have been checked.
Human resources, in consultation with the hiring manager and divisional vice president will determine whether the individual is suited for employment in the position for which he/she applied. If unsatisfactory results are reported, human resources is responsible for interacting with the applicant in these cases, and ensuring that the University is in compliance with the Fair Credit Reporting Act.
Background Screening Procedure
Determining What Level of Background Check Is Required
The assistant vice president for human resources or designee shall determine in a manner consistent with the matrix (below) what types of background checks are required for each position. Factors in making this determination include but are not limited to whether the position involves:
- Direct responsibility for the care, safety and security of people, including children and minors, or property.
- Direct access to, or control over, cash, checks, credit cards, and/or credit card account information.
- Authority to commit financial resources of the University through contracts greater than $300.
- Responsibility for operating a University-owned vehicle.
- CDL drivers operating University-owned vehicles for the purpose of transporting students, employees and others.
- Control over campus business processes, either through functional roles or system security access.
- Access to personal identifying information about students, faculty, staff or alumni.
- Access to controlled substances.
- Possession of building master or sub-master keys for building access.
- Representing or serving the University as a licensed or accredited professional.
View Matrix of Background Checks
- Prior to advertising an open position, the hiring manager or his/her designee, in consultation with human resources, will identify the position as one that requires a background investigation. The hiring manager will then send an email authorizing human resources to charge the cost of the background investigation to the appropriate office of the vice president.
- Position advertisements (postings) will contain notification to applicants that, prior to hiring, the final candidate must successfully pass a pre-employment background investigation.
- After checking references, the hiring manager will identify the preferred candidate(s), make an offer to the candidate, and indicate “Pending Background Check” in the PeopleAdmin application tracking system.
- A human resources representative will email a Disclosure and Consent Form and Fair Credit Reporting Act to the selected candidate. In the event that the candidate does not have an email address, a human resources representative will mail via certified U.S. mail the Disclosure and Consent Form and Fair Credit Reporting Act information to the selected candidate.
- The selected candidate(s) will within five (5) calendar days submit the online Disclosure and Consent Form directly to the outside vendor or will complete the paper form and mail/bring the original documents to human resources.
- When paper Disclosure and Consent Forms are received, human resources will input the candidate’s required information in the vendor website. Data will be sent electronically to the vendor to perform the background investigation.
- Background verifications will be completed by the vendor and the results sent electronically to human resources.
- If the background investigation is satisfactory, human resources will indicate “Background Check Approved” in PeopleAdmin. This status change will trigger an email to be sent to the hiring manager confirming that the candidate has passed the pre-employment background investigation.
- Hiring manager will change applicant status to "Offered Job, Accepted Offer" and proceed with hiring process in PeopleAdmin.
- If the background check reveals an unsatisfactory finding relevant to the position, the individual may be disqualified from holding the position. In making such a decision, human resources along with the hiring manager/chair and the divisional vice president will consider the nature of the finding, the job for which the applicant is being considered, when the event occurred and the applicant’s conduct, performance, and/or rehabilitation efforts since. When appropriate, outside counsel and other relevant experts will be consulted. If the possibility of adverse action exists, human resources will provide a Pre-Adverse Action Notice along with a copy of the report and a notice of rights to the candidate.
- The candidate has a period of 7 calendar days to refute disputed information with the vendor.
- If the candidate fails to contact the University in a timely manner to indicate that the matter has been resolved, the hiring manager may proceed with the hiring process and select another candidate.
- If the decision is made not to hire the candidate, a Final Adverse Action Notice is mailed via certified mail to the candidate by human resources explaining the reason for not hiring, along with an additional copy of the background report, notice of the individual’s rights under FCRA, the contact information of the vendor, and a statement that this agency did not take the adverse action and cannot explain why it was made.
- All information received in the background investigation process will be maintained by human resources in confidential, secure files, separate from employee personnel files, with access allowed only to those who have a need to know.
- "CDL Drivers" means individuals who are required to possess a commercial drivers license for the purpose of transporting students, employees and other persons on behalf of the University or to operate University-owned vehicles that require a commercial drivers license.
- “Criminal history check” means verifying that an individual does not have any disqualifying criminal history in every jurisdiction where candidate currently resides or has resided or has been employed for the past seven years.
- “Educational verification” means confirming that an individual possesses all education credentials beyond high school listed on the application, resume or cover letter or other information provided that qualify the individual for the position sought.
- “Employment verification” means confirming that an individual actually worked in the positions listed on the application, resume, or cover letter or other information provided that qualify the individual for the position sought. This verification should include dates of employment and verification of last position held for each employer.
- “Fair Credit Reporting Act (FCRA)” applies to “consumer reports” issued for multiple purposes, including employment background checks performed by third parties for the purposes of hiring, promotion, retention or reassignment.
- “Healthcare sanctions check” identifies sanctioned individuals and entities in the healthcare field. Sanctioned individuals are those who have been determined to be fraudulent in their field, and/or those individuals who have had adverse actions taken against them by the licensing boards of state governments. Reported actions may include: reprimands, probations, suspensions and revocations of provider licenses, cease and desist orders, exclusions for failure to pay student loans, Drug Enforcement Agency (DEA) violations, child support violations, professional misconduct, other similar sanctions and exclusions.
- “Initial Hire” means any new employee who has never been employed at Loyola University Maryland.
- “Internal Transfers/Promotions” means Loyola University Maryland employees who transfer or are promoted into different positions within the University.
- “License and driving record verification” means confirming that an individual possesses all the driver’s licenses listed on the application, resume, or cover letter or other information provided that qualify the individual for the position sought. It also includes verifying possession of all drivers licenses required for the position, including verification of the status of such licenses. The individual’s driving record must also meet the University’s insurance carrier requirements.
- "Operates a University vehicle" means an individual who must regularly or occasionally drive a University-owned vehicle as part of his or her job duties, including employees provided with company cars, Facilities truck drivers, van operators, etc.
- “Professional license and certification verification” means verifying the validity and accuracy of an individual's professional license or certification, disciplinary actions taken, status, date of issue, and renewal and expiration dates
- “Rehired Employee” means any individual who previously was employed at Loyola University Maryland but who has been separated.
- “Sex offender registry check” means verifying that an individual does not appear in the national database of persons who have been convicted of certain sex crimes. This check will cover an unlimited period.
This policy is subject to change without prior notice. This policy will be reviewed periodically and the Loyola Conference will be notified of significant changes.
View the www.consumerfinance.gov/learnmore site for additional information regarding consumer rights.