Criminal Background Investigation Instructions

Op3.10 Criminal Background Investigation Instructions

(Revised 11/9/07)

Full-time Faculty and Lecturers

  1. All full-time faculty and instructor applicants must complete the Applicant Disclosure Form and the University Release Background Check Form.  Both documents are required to be on file for an applicant to receive further consideration:
    • Applicant Disclosure Form for Faculty and Academic Administrators – download available in PDF format
    • University Release for Background Check Form – download available in PDF format (Updated 6/09)
  2. At the time an applicant is invited for an interview, the Department will fax the Applicant Disclosure Form to General Counsel, 836-6777. Approval for an interview for an applicant with a Disclosure Form which indicates a felony conviction will not be granted until General Counsel has conferred with the Provost or designee.
  3. Background checks will be completed by the Background Check Coordinator in Human Resources upon receipt of a signed original authorization provided by the office of the Dean when an applicant emerges as the finalist prior to the development of the employment offer request (EOR). In the event the authorization was not previously signed, the BCC will secure the necessary waivers and additional information to secure a background check. Upon notice of clearance from HR, (in which notice is provided to the Office of the Provost and the Dean), appointment letters will be mailed by the Provost Office once approval of the EOR is granted.

Per Course Instructors

  1. The signed and completed Applicant Disclosure Form for Faculty and Academic Administrators must be provided to General Counsel prior to forwarding the appointment letter and the Personnel Action Form to the Provost office for approval.
  2. A copy of the signed Disclosure Form for all per course hires must accompany the PAF and the appointment letter.
  3. The Provost's office will contact the Department Heads if there is a problem of concern associated with the appointment.

Procedure if an applicant indicates conviction of a felony

  1. If an Applicant Disclosure Form indicates conviction of a felony, the General Counsel’s office shall consult with Human Resources and the Provost's Office.
  2. The Provost office will request HR conduct the background check on the applicant.
  3. HR will send applicant the Notice and Authorization Regarding Consumer Report (Criminal Background Investigation) and collect any other necessary information.  Such information shall be maintained in a limited access file, apart from the application.
  4. HR will have Consumer Reporting Agency (currently DeVan) conduct the investigation.
  5. After HR receives the results of the background check, if there is any indication of a felony conviction, HR shall consult with the Provost’s office and General Counsel and proceed as outlined in the Missouri State University Background Check Policy.
  6. Before taking any adverse employment action based in whole or in pat on the results of the criminal background check, the Provost’s office will request HR send out a pre-adverse action notice to applicant. Said notice will include a copy of the report and a summary of the applicant’s rights under the FCRA.
  7. After notice to the individual, the University must wait five days before taking any adverse action in order to give the applicant an opportunity to refute the information.
  8. After the University takes an adverse action, it must give the individual notice. It must include:
    1. The name, address, and phone number of the vendor that supplied the report
    2. A statement that the vendor that supplied the report did not make the decision to take the adverse action and cannot give specific reasons for it; and
    3. A notice of the individual's right to dispute the accuracy or completeness of any information the agency furnished, and his or her right to an additional free consumer report from the agency upon request within 60 days.

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