Employee Background Check policy
Transcript: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance... misdemeanors felonies. Two states, North Carolina and Ohio, have passed laws that recognize an individual’s rehabilitation and thereby reduce employment sanctions and disqualifications. TITLE VII EEOC ADEA Scott Queen Lonnie Griffin Rosa McAllister-McRae Nadya Maisak Implementation North Carolina House Bill 641 Employee Background Check Policy Purpose, Procedure and Implementation Wingate Community College Two Types of Offenses Types of Crime North Carolina House Bill 641 Implications Procedures Effective December 1, 2011, the North Carolina General Assembly enacted a new Article 6 of G.S. Chapter 15A (G.S. 15A-173.1 through 15A-173.6), allowing certain ex-offenders to apply for a certificate of relief from collateral consequences. Procedures Fair Credit Reporting Act (FCRA) Compliance Felony Crime Examples New process for people convicted of no more than two low level felonies or misdemeanors to petition the court for relief from collateral sanctions and disqualifications. The certificate does not expunge an individual’s record nor is it a pardon. Courts may issue a certificate if the individual meets certain requirements, including that 12 months must have elapsed since completion of the sentence. Includes a provision protecting employers and others against negligence actions. The certificate acts as a bar to any action alleging lack of due care in employment, licensing, admission to a school or program, or business transaction if the person knew of the certificate at the time of the alleged negligence. Felonies are punishable by more than one year in prison and the labeling of being a convicted felon. These are very general categories and the severity of offenses contained within them can vary considerably. For Employment Background Checks In order to be in compliance with The Fair Credit Reporting Act (FCRA), WCC will adhere to the following process when conducting an employee background check. 1. The College will have a “Permissible Purpose” (i.e. employment purposes) for the background check as defined under Section 604 of the FCRA. 2. The College will obtain the applicant’s signed authorization for the background check prior to initiating the check on the applicant. This signed authorization will be obtained through a Disclosure and Authorization form that will be provided by the Office of Human Resources. The applicant must receive the following documents from the College prior to the background check being conducted: a. Background Disclosure and Authorization Form b. Summary of Consumer Rights Under the FCRA 3. The Office of Human Resources will send a Pre-Adverse Action letter to the applicant including a copy of the completed background check report, Summary of Consumer Rights under the FCRA and contact information for the College’s CRA. Information regarding the hiring decision cannot be disclosed in this notification. The purpose of this step is to provide the applicant with the opportunity to address any erroneous information found in the report with the CRA. 4. The Office of Human Resources will send an Adverse Action notification to the applicant disclosing the final decision to deny employment based on the results of the background check. A copy of the completed background check report and Summary of Consumer Rights under the FCRA must be included with the Adverse Action letter. The purpose of this step is to provide the applicant with the opportunity to address any erroneous information found in the report with the CRA. Justifications There are two main categories of offenses under North Carolina criminal law: Wingate Community College Employee Background Check Felonies Wingate Community College Employee Background Check Title IX A Class A Felony is the most serious, and a Class I felony is the least serious. The State of North Carolina organizes felony crimes into 10 different lettered categories, from Class A to I, with Class B felonies further divided into Class BI and Class B2. ADA IRCA GINA Title IX is administrated by the Office of Civil Rights (OCR) of the Department of Education. The department's regulations specify that educational institutions may not discriminate on the basis of sex in the employment of faculty and staff members(34 C.F.R. Part 106). Misdemeanors are punishable by up to one year in jail, not prison, and fines. OVERVIEW: ROSA MCALLISTER-MCRAE PURPOSE: LONNIE GRIFFIN PROCESS AND PROCEDURES: ROSA MCALLISTER-MCRAE, SCOTT QUEEN AND NADYA MAISAK IMPLEMENTATION: SCOTT QUEEN Misdemeanors Employee Background Check Policy THANK YOU This policy and its corresponding procedures are effective January 1, 2015. All WCC hiring supervisors will be trained through mandatory professional development workshops on how to implement the policy and