On January 22, 2013 the President approved FGCU Policy 3.037 regarding Criminal Background Checks for employees. Current employees who have received a verified level 2 criminal background check by FGCU University Police Department (UPD), on or after July 1, 2012 are considered in compliance with the current policy.
This communication went out to all University Supervisors, EPAF Originators, and EPAF Approvers. This document gives detailed instruction on new processes and requirements put in place by the policy, explains new forms, and details additional required EPAF comments. For your reference, the document is available for download here.
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Fingerprinting is conducted in UPD at the Campus Support Complex, Tuesday – Friday from 9-11 a.m. and 2-4 p.m. For more information, click here to review the Fingerprinting page on the University Police Department's website.
For Your Information: Your fingerprints will be taken electronically. Within the 15 minute appointment time, we will try to obtain the best prints possible.
ALL OPS New Hires (except Adjuncts) are required to present the New Hire Background Check Verification Form when attending an OPS Sign-On Session (it does not need to be presented at UPD for fingerprinting). The form should be completed by the New Hire's Supervisor or other appropriate department contact and sent with them to the session. The New Hire will not be allowed to participate in the session without this form, they will be sent back to the hiring department to obtain it.
It is not required for you to request that a Candidate be fingerprinted while on campus for interviews. Candidates may elect not to have fingerprints taken until an offer has been extended. Held fingerprints will only be submitted for candidates being extended an offer.
If a Candiate is not printed while on campus and they live out of the local area and/or out of the state, your recruitment specialist will discuss the "Out-of-Area" fingerprinting process with you once you have extended a verbal offer.
As a condition of all offers of employment, candidates for hire must complete a Level 2 background check in accordance with the Criminal Background Check Policy. Candidates are first extended a "Conditional Offer of Employment" in which they are asked to not give notice, quit a present job, or relocate to the local area until they have been notified of successful completion, review, and approval of their background check results by Human Resources.
Upon meeting this requirement, candidates will be given notification of a start date by the University in an official offer letter.
For questions concerning the policy, please contact:
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As noted on the VECHS Waiver form, you may request a copy of any Criminal History Background Report that may have been received for you. You are also entitled to challenge the accuracy and completeness of any information contained in any such report.
To obtain this report, please visit the cashier's office and notify them that you wish to obtain a copy of your Criminal History Report. You will complete a standardized form and be charged a $2 fee. Please obtain your receipt and present at UPD, at which time you will be asked to sign the "VECHS Applicant Sharing Agreement" in order to obtain your Criminal History Report.
Why do we have this policy?
The University is committed to the safety, security and health of its students, employees and others, as well as safeguarding the interests of the institution. To that end, the University requires that a Level 2 criminal background check be conducted on all current and prospective employees. Criminal background checks will also be conducted on students and volunteers when required by law or if involving a position of special trust, responsibility or requiring access to sensitive information.
What exactly does this policy do?
This policy is created to outline the protocols to be utilized, as well as the responsibilities involved, in conducting criminal background checks. Criminal background checks will be used only for the purpose of verification of the current employee's or prospective employee's criminal history.
Do current employees have to undergo criminal background checks?
Yes, the University requires that a Level 2 criminal background check be conducted on all current employees: A&P, SP, Executive Service, Faculty, Adjunct Faculty, and Non-Student OPS. Current Student Workers will also be required to complete the background check if they are employed to work directly with other students (whether minors or not) and/or are designated as being in a position of special trust and/or responsibility.
What kind of information is included in the background check required by FGCU?
FGCU requires a Level 2 Criminal Background Check; this means that only criminal history is being reviewed. Civil issues such as divorce proceedings are not included.
What is the difference between a Level 1 and Level 2 criminal background check?
A Level 1 background check only provides Florida statewide criminal background information. A Level 2 background check uses an individual's fingerprints to verify identity and provides national criminal background information.
#########Is juvenile criminal history information (under the age of 18 years) released as part of a criminal history background check?
Juvenile criminal history information is disseminated only when the person was convicted of an offense that would be a felony if committed by an adult.
I've had trouble giving my fingerprints in the past. What happens if my fingerprints are rejected?
If your fingerprints are rejected by the FBI you will need to report to UPD or the outside agency that took your fingerprints to have them re-taken. After fingerprints are rejected twice, your information is submitted for a manual "Name Check" process which can take from 5-8 weeks.
Can I go straight to the "Name Check" process if I've experienced difficulties having my fingerprints taken in the past?
No, the name check process will only be performed if a current fingerprint submission and a re-print submission are rejected.
Who will have access to the criminal background check results?
The University Police Department (UPD) will maintain the FBI and FDLE results of criminal background checks, which is not a public record.
How will the University protect an individual’s right to privacy?
UPD conducts criminal background checks under the supervision of the Chief of Police. UPD will serve as the Office of Record for all criminal background check results and will maintain confidentiality.
Can employees be hired before the criminal background check results have been received?
No, in accordance with the policy, “Effective January 1st, 2013, the University will not enter into an employment relationship until the results of the criminal background check have been received, reviewed and a determination made, if necessary.”
I have an Adjunct Faculty member who was fingerprinted prior to teaching during the Fall term. Would he be required to have a new criminal background check if he returns as an Adjunct next fall?
Yes, Adjuncts who only teach every fall or spring (one time per year), will be required to have a criminal background check with fingerprinting annually.
Are student workers and volunteers required to have criminal background checks?
Student workers designated as being in a position of special trust and/or responsibility (Ex: accepting payments, access to university buildings, access to confidential/student records, etc.) are required to complete a Level 2 Criminal Background Check (which includes fingerprinting). Student workers whose responsibilities require them to work directly with other students (whether minors or not), without more, do not require a background check.
Volunteers meeting these criteria who are volunteering on a continual basis are also required to complete a Level 2 Criminal Background Check. Volunteers must also complete a Volunteer Acknowledgement Form annually and submit it to Human Resources.
Who determines which positions are special trust and/or special responsibility?
The supervisor will determine which positions should be designated as "special trust" based on the duties and responsibilities of each position. For example; working with minors or children, access to campus buildings, access to student records, access to cash and P-Cards, etc. Should the supervisor have questions regarding which student or volunteer positions meet one of these criteria, they should consult Human Resources.
Can a student employee begin working before criminal background check results are received and assessed by Human Resources (HR)?
No, in accordance with the policy, a determination must be made regarding whether the position has been designated as being in a position of special trust and/or responsibility. If so, the student is required to complete a Level 2 Criminal Background Check (which includes fingerprinting) and cannot begin working until the results are received and assessed by HR.
What type of verification does HR need from the supervisor to justify that the student employee does not need a background check?
The supervisor must complete the New Hire Background Check Verification form for all new student employees and have the student present the form at their sign-on session. On the verification form, questions are asked regarding whether the position has been designated as working directly with other students (whether minors or not) and whether the position has been designated as being a position of special trust and/or responsibility. Also, the form must include a brief description of job duties.
If the answer is yes to the question regarding “special trust and/or responsibility”, the student is required to complete a Level 2 Criminal Background Check.
When is the Verification form used?
The Supervisor should complete the New Hire Background Check Verification form for all new student employees. The student is then required to bring the completed form to HR for sign-on, or they will not be able to participate in the session. They cannot begin work until they have completed their sign-on and background check results (if deemed required for the position) are received and assessed by HR.
My student employee has worked on campus previously, and I am going to submit an EPAF for new position or extension of a current position. How do I find out if the student is in compliance with the policy and has had a background check since 7/1/12?
Call Heather Messing at 590-1864 or email email@example.com.
My student previously worked on campus. Do I need to complete the Verification form since they will not be attending sign-on in HR?
No, you will need to add comments regarding whether the student requires a Background check in your EPAF or paper Personnel Action Form.
My student is in compliance with the background check policy. What comment is required when I submit my EPAF or Personnel Action Form?
In the interest of simplicity and efficiency, “Background Check Required” or “Background Check Not Required” are the comments to be used whether or not compliance has been confirmed.
It is the joint responsibility of the Supervisor, EPAF Originator, EPAF Approver, and/or Timesheet Approver to be informed and ensure that the student is not permitted to begin working if appropriate notification regarding background check results has not been received from HR.
However, when a background check is NOT required you must also include the following comment after "Background Check Not Required":
This position does not work directly with other students, the general public, or designated as being of special trust/or responsibility.
If background check language is not included in the EPAF comments, it will be returned for correction.