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criminal-background-checks

Procedures

  1. Criminal Background Check Required. UT Arlington requires that a criminal background check be obtained on:


    1. Applicants for Employment: A background check must be conducted on any applicant, internal or external, who is under final consideration, following normal screening and selection processes, for employment, whether for a full-time, part-time, regular, temporary or student position of employment with the University. UT Arlington may rely on a criminal background check conducted within the past twelve (12) months, if there is not a break in service of more than six (6) months and the criminal background check relied on is appropriate for the position sought. This provision does not authorize relying on a criminal background check conducted at another UT System institution. All required checks must be conducted before the employee begins work.
    2. Current Employees: A criminal background check must be conducted on:


      1. a current employee who is under consideration for a promotion that requires a criminal background check based on UT Arlington policy;
      2. a current employee, if the institution has not previously obtained a criminal background check on the employee; and
      3. a current employee, when the president, or his or her designee, determines it is necessary to further the goals of the University.
    3. Faculty Appointees Without Salary: A criminal background check must be conducted on individuals prior to their receiving a without salary appointment to a position with a faculty academic title authorized under Regents' Rules and Regulations, Rule 31001.
    4. Youth Camps: In addition to fully complying with all applicable state and federal laws relating to criminal background checks, the following provisions apply to all child-care centers and youth camps operated by, on the property of, or in the facilities of UT Arlington.


      1. Youth camps shall ensure that for all employees and final applicants who will work at the camp, and all volunteers and student observers, who will regularly or frequently be at the camp are subject to a criminal background check each year. The check shall be conducted prior to permitting an individual to work, volunteer or be present. Further, volunteers and student observers who are not subject to a check must not have unsupervised access to campers.
      2. An international check for any foreign national who the Camp Director has reason to believe lived outside the United States after the age of 14, unless the person's visa issuance or renewal occurred after implementation of the U.S. Patriot Act on October 24, 2011. (Reasonable efforts will be used to obtain such check, and it need only be conducted initially if the individual does not live outside the United States during the year.).
    5. Contractors: A criminal background check will be conducted on individuals or employees of companies or entities contracted by the University, where these individuals or employees will perform duties or services on the University premises. The University will require the contractor to conduct the criminal background check for their employees who work on University property. In addition, a criminal background check may be required of contractors' employees, at the sole discretion of the University, taking into account the nature of the services to be provided by the contractor (i.e. access to university information resources; access to confidential information; access to currency; access to pharmaceuticals, select agents or controlled substances; responsibility for care of patients or vulnerable populations).
    6. Sex Offenders: A criminal background check must include a sex offender registration check; and an individual with a sex offense cannot be authorized for employment or appointment unless all of the following are met:


      1. a low risk assessment (made pursuant to the Code of Criminal Procedure or in the absence of such by the Chief of Police);
      2. a compelling reason articulated by the hiring official;
      3. concurrence by both the Vice President of Human Resources (or Designee) and Chief of Police; and
      4. Concurrence by the President.
    7. Statutorily Required Criminal Background Check. Where state or federal law requires that a position/individual be subject to a criminal background check using a specific source of criminal background check information and/or certain procedures, UT Arlington will comply with such laws. To the extent such laws impose criminal background check requirements that are more extensive or substantially similar; UT Arlington may rely on compliance with the statute to satisfy the requirements of this policy.

      Similarly, UT Arlington may rely on the criminal background check conducted by an agency of the federal government to satisfy the requirements of this policy for an individual on assignment from an agency of the federal government, if UT Arlington receives documentation from that federal agency showing that a background check, including a criminal background check with a sex offender registration check, has been conducted by the federal agency.
  2. A criminal background check is not required for the following current UT Arlington employees:


    1. Staff. When there is a change in job title with no change in current responsibilities, or for a promotion or other advancement that is part of an employee's normal career progression under the responsibility of the same Vice President.
    2. Faculty. When there is a promotion or other advancement that is part of the faculty member's normal career progression such as current faculty promoted to tenure, or from Associate Professor to Full Professor.
  3. Job Descriptions, Advertisements, and Postings. UT Arlington Office of Human Resources will ensure that all job advertisements and postings for UT Arlington include a statement that the position requires a criminal background check including criminal history record information.
  4. Conducting a Criminal Background Checks


    1. The hiring department will now be asked to create a request using form 3-9 that will be submitted to a special email address (cbc@uta.edu) that has been created to handle CBC requests. Criminal Background Check (Form 3-9) will need the following information filled out; the name of the applicant, applicant's email address, job posting number, position, name of department, and name of hiring manager. The Human Resources representative will generate an electronic email to the applicant in which he/she will be asked to go to a secure website to fill out electronic CBC form. An applicant who fails to complete and submit the form will be removed from further consideration for the position. In addition, if the applicant is a current staff member, refusal to submit the completed form will be grounds for disciplinary action (with the exception for employees as noted in Part A ii .1)
    2. The applicant will receive an email with a link to a secure website to authorize running the check electronically. The form will go directly to our third-party vendor for processing.
    3. The criminal background check will include states where the applicant has resided and/or been employed during the period of no less than seven (7) years (if available) immediately preceding the date the individual submitted Criminal Background Check (Form 3-9).
    4. The human resource representative will notify the hiring department of the results.
    5. If there is an issue with the background check the Vice President of Human Resources, Designee or the Chief of UTA Police will review any information found on the official criminal record, and communicate the findings to the hiring manager. Conviction information must be considered on a case-by-case basis taking into consideration the type and severity of the offense, the time passed since the offense, and whether the offense is relevant to the duties of the position.

For more information concerning CBC Policy refer to  Policy 5-509 Criminal Background Check

(Use Form 3-9 to Request Criminal Background Check)