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For any questions please send e-mail to: NDSU Policy Manual

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SECTION 112: PRE-EMPLOYMENT AND CURRENT EMPLOYEE CRIMINAL RECORD DISCLOSURE

SOURCE:

NDSU President

SBHE Policy Manual, Section 602.3

 

1. Job Applicants - Criminal Record Disclosure.
   
   1.1 NDSU uses two forms (paper and online) for capturing applicants criminal record disclosure information. All applicants for employment at NDSU, whether full-time or part-time, including student employment, must answer the criminal record disclosure questions prior to being hired. The nature of the position (full-time or part-time) will determine if the paper form is used or if this information is captured through the online PeopleAdmin system. Any offer is contingent on return and review of the signed form and verification. The hiring unit is responsible for obtaining the signed form prior to the final offer.
   
   1.2 A positive response (that is, the potential offeree answers that they have a criminal record) does not preclude employment. A determination will be made based on the type of conviction, how recent the conviction is, and the relevance of any conviction to the position for which the person has applied. An offer may be withdrawn as a result of these considerations. Disclosure by an applicant for employment under this policy does not prevent the University from enforcing any other policy or requirement with regards to pre-employment criminal record disclosure.

   1.3 The information shall be kept in the employee's official personnel file (http://www.ndsu.edu/policy/718.htm) (or, for individuals not hired, with the applicant's file).
   
   1.4 Supervisors who have a situation under this policy should consult, prior to making a final hiring determination, with appropriate personnel, for example, Vice President in the Office of Equity, Diversity, and Global Outreach (for non broadbanded positions), Director or Human Resources/Payroll (for broadbanded positions), University General Counsel, or their Department Chair or Dean.
   
   

2. Criminal History Background Checks.
   
   2.1 A nationwide FBI criminal history background check is authorized for the following positions:
   a. All benefited positions; and
   b. The following positions, whether benefited or non-benefited:
1. Chancellor, institution president and vice presidents;
2. Police officer and security guard;
3. Resident hall and apartment manager or director and assistants;
4. Information technology staff;
5. Employees responsible for or with unsupervised access to cash, credit, debit or other financial transactions or numbers, or confidential or other protected information, including medical records, social security numbers, tax, retirement, or vendor or contractor proprietary or other confidential information;
6. Custodians and other employees with master keys or other means of unsupervised access to residence halls or secure buildings or facilities;
7. Child care employees and other employees who have unsupervised contact with children;
8. Part-time instructional staff;
9. Employees responsible for or with access to controlled substances and other drugs, explosives or potentially dangerous chmicals and other substances; and
10. Counselors and coaches.

2.2 As stated in SBHE Policy 602.3, a nationwide FBI criminal history background check is required before beginning employment in the following positions:
a. Police officer; and
b. Security guard.

2.3 North Dakota State University will conduct a criminal history check, which may be North Dakota BCI check, a FBI nationwide check or check of another state or multiple jurisdictions on all new benefited hires, before beginning employment. The level of check will be determined by the hiring department upon consultation with the central administrative office conducting the search.

3. Current Employees

3.1 Current employees have a duty to immediately report a criminal conviction covered under this policy (all felonies; and misdemeanors involving violence and theft; or any offense requiring one to register as a sex offender) to their supervisor and the Director of Human Resources/Payroll. See Policy 155 for arrests and convictions involving drugs and alcohol in the workplace. Additional evidence about the conviction (example, the judgment of conviction) may be placed in the employee's official personnel file. The employee can add a statement pertaining to the conviction. Whether the conviction has an effect on employment status will be determined by the supervisor after consultation with appropriate personnel. (See section 4 above.) The employee can request that the conviction information be removed from the employee's official personnel file after misdemeanors are over 5 years old and 10 years for felonies.

3.2 Information regarding this subsection shall be provided to employees as part of the NDSU Annual Notice of Policies Covered under the ND Risk Management Program.

3.3 All current employees are required to sign a Criminal Record Disclosure Form.

3.4 Employees arrested or charged by summons to appear for crimes covered by this policy, or for a crime otherwise job related (e.g., a DUI if driving is a job requirement), have a duty to notify their supervisor and the Director of Human Resources/Payroll within five days of the arrest or receipt of the summons. While an arrest is not a conviction, NDSU will determine any potential actions or consequences on a case by case basis.

Effective Date: July 1, 2002, February 2006, October 2007, December 2007, June 23, 2009