Background Screening Policy

POLICY STATEMENT 
The University is committed to providing a safe and secure environment for its students, employees, and the public. In order to promote a safe environment, safeguard assets, cultivate consistent hiring practices across the University, and ensure the hiring of qualified individuals, the University will conduct background screenings on final candidates after a conditional offer prior to employment with the University.  The University will also perform background screens on other persons who live or provide services on campus, in a non-employment role (e.g. volunteers in the Athletics department or spouses of employees residing on campus).

REASON FOR THE POLICY
The purpose of the background screening is to confirm, within legal and professional limits, the professional credentials, as well as to ascertain criminal and other pertinent background information, of prospective employees, volunteers, consultants, and others who perform work or provide services on-campus, or during campus sponsored events, if they are expected to spend at least three days on campus during the academic year. 

RESPONSIBLE UNIVERSITY OFFICE/OFFICER
Office of Human Resources Management (HR) 
Kamal Joshi, SHRM-SCP
Senior Associate Vice President of Human Resources
718-817-4930
[email protected]

APPLICABILITY OF THE POLICY
The Office of Human Resources Management will maintain compliance with this policy by requiring that all prospective employees, contractors, volunteers and others who may perform services on the University campus or at University sponsored events first be screened in accordance with this Policy. 

POLICY  
Background checks will be performed on the following classes of individuals, using the tests noted:

A. Prospective Employees

Upon making a conditional offer of employment to a candidate, the University will conduct background screenings on those candidates prior to hire. 

Background screenings will be performed so that the University, to the extent possible, may confirm that individuals who join the University community have accurately represented their relevant background and qualifications, both in verbal representations and in written materials, including their resume and application for employment.  HR will determine what elements of the background screening process will be conducted based upon the duties and responsibilities of the position.  

Full time students may continue to work at the University for three (3) months after graduation, after which time, they may be required to submit for a background screening.

The University maintains the right to decline employment or withdraw a conditional or other offer of employment to a candidate, or to sanction and /or terminate an employee, who has knowingly provided false, misleading, erroneous, or deceptive information on an application, resume, or during an interview, or who has intentionally omitted relevant information during the hiring process. 

B. Transfers/Promotions 

Background screenings will be conducted on current employees who apply for a transfer or promotion into a position when: 

a. the new position has been identified as requiring a specific need for a background screening, such as, but not limited to, new professional licensure requirements, new need to operate a motor vehicle, change of professional category, educational requirements are higher for the new position, or a change to the manner or amount of authority over University funds. 

b. a background screening was not completed at the time the employee was initially hired by the University, or only a limited background screening had been previously performed.

C. Volunteers, Independent Contractors, Temporary Workers and Vendors

If an individual is to spend more than three (3) days on Fordham campus(es) in any of the above roles, the individual will be checked against the National Sex Offender Registry and will be notified if the University determines that other screening is required.

PROCEDURES

1. Final Candidates 

a. Employment Verification and Reference Checks. Fordham University performs employment history verification and reference checks on all prospective employees.  All supervisors and/or hiring managers are expected to partner with the Office of Human Resources Management, to complete employment history verifications(s) and to determine who will perform reference checks on all final applicants, internal and external, prior to making a conditional offer of employment.

b. Background Screening. Background screenings are required for candidates selected for hire as a condition of employment, after the job offer has been conditionally made. Employment will be contingent upon the University's review and acceptance of the results of the background screening. Final candidates will be required to complete and sign a consent form allowing the University to conduct a background screening, including but not limited to, the release of information from former employers, educational institutions and other pertinent organizations. Failure to complete and sign this form will result in the candidate's removal from consideration for hire. 

2. Background Screening Process 

HR, in collaboration with the hiring department, will determine the extent of the background screening for the open position.

a. The background screening may include, but is not limited to:

Search of Federal and State Criminal Records Databases, including the National Sex Offender Database 
Education Verification 
Employment Verification 
Social Security Number Trace 
Social Security Number Validation 

Background screenings may be completed by HR when verifying the National Sex Offender Database, or by an accredited Credit Reporting Agency (CRA) at the discretion of HR.  Additional screening will be conducted by a background check vendor selected by HR.

b. In addition, depending upon the final candidate's anticipated job responsibilities and other circumstances relative to the employment position, the University may elect to complete additional screenings. These screenings include, but are not limited to: 

Motor Vehicle Reports 
Professional Licensure 
Consumer Credit Reports Check
Drug screening 
International Criminal Searches

c. If a drug screening produces a positive result, the CRA will engage the services of a Medical Review Officer (MRO) for final review. The MRO will reach out to the applicant to confirm if they have a valid medical prescription for the drug detected during screening. 

If no response is received within 3 days or the applicant is unable to provide valid medical documentation, the MRO will close the drug screening portion of the file as No Contact Positive or Positive.

Under HIPPA laws, no prescription details will be provided to the CRA or Fordham University.

In the event the applicant wishes to dispute positive drug screening results, they must contact the MRO directly and request that the original specimen be retested at the applicant’s expenses.

d. Pursuant to New York City law Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), Fordham University will not include marijuana and THC testing in the test panel, except for the following positions:

1. In any position requiring a commercial driver’s license;
2. In any position requiring the supervision or care of medical patients;
3. Where any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer requires drug testing of prospective employees as a condition of receiving the contract or grant;
4. Where any federal or state statute, regulation, or order requires drug testing of prospective employees for purposes of safety or security.

3. Background Screening Results 

When the University receives the results of the background screening, it will review the results to ensure its completeness. The University will compare the information obtained in the background screening to the information presented by the candidate and will confirm the accuracy of the information supplied by the candidate. 

a. lf it is found that the candidate falsely or inaccurately reported material information in their application, they may be disqualified from further consideration for employment. 

b. If the background screening identifies incidents of  prior criminal history, conviction or poor credit history, Fordham will engage in the process required by the NYC Fair Chance Act to determine whether the background screening results precludes employment by Fordham University. Such factors will include, the nature of the offense(s) and its relevance to the responsibilities required by the specific position, the number and type of offense(s) for which the individual was convicted, evidence of rehabilitation since the original offense, the amount of time that has passed since the conviction, and the risk to the safety and security of the campus community, as well as the security of University assets. In the event that a prior criminal history, conviction,  poor credit history or a discrepancy between the background check report and the information provided by the applicant is revealed, the candidate will be given the opportunity to provide evidence of rehabilitation, and a copy of the background report, a copy of the Fair Credit Reporting Act, and a copy of Article 23-A of the New York Correction Law, and an opportunity to refute, explain and/or correct any information provided in the screening, within five (5) business days of receipt of the pre-adverse information. 

4. Final Review 

The Vice President for Human Resources or their designee, in consultation with the Office of Legal Counsel, will evaluate the impact of the information to the position in question, as well as any responding information provided by the candidate and make the final employment determination.  

a. The University complies with the Fair Credit Reporting Act, which regulates the use of information gathered by consumer reporting agencies and which may determine an individual's eligibility for employment. To ensure confidentiality of all candidate information, HR coordinates the background screening process. Results of the background screenings are sent directly to HR and will be shared with the candidate pursuant to law. 

b. lf the background screening identifies a matter which is covered by the Fair Credit Reporting Act, the Vice President for Human Resources or their designee, in consultation with the Office of Legal Counsel, will evaluate the relevance and make the final employment decision.

c. Based upon a review of the information received through the background screening, HR will advise the hiring department as to whether an offer should be finalized to the candidate. 

d. The University reserves the right to withdraw an offer of employment at any time, by issuing an adverse notice to the candidate, and an analysis when required under the NYC Fair Chance Act and other applicable laws and regulations. 

5. Confidentiality 

Information obtained through the background screening process will remain confidential. 

CROSS-REFERENCE TO RELATED POLICIES

EXCLUSIONS & SPECIAL SITUATIONS 
This policy does not apply to full-time students enrolled at Fordham University.

REVISION HISTORY
This policy supersedes the Fordham University Prospective Employee Screening Policy, dated August 24, 2014.