Background Check Policy

Scope: This policy applies to employees, key students, vendors, volunteers, and individuals living on campus.

Purpose

The purpose of this policy is to describe the terms and conditions under which background checks are conducted for employees, key students, volunteers, vendors, and individuals living on campus at Cornell College.

General statement of policy

Cornell College conducts background checks for each new hire or when an employee transfers positions within Cornell College. Background checks will also be conducted on former employees who return to work for the Cornell College if the duration of the separation exceeds 12 months. Background checks may also be conducted on current employees every five years at the discretion of Cornell College if the position dictates the type of background check to be completed. Cornell College 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. Although a disqualification is possible, in accordance with federal and state laws, a previous issue does not automatically disqualify an applicant from consideration for employment with Cornell College. Depending on a variety of factors (for example, the nature of the position, the nature of the issue, and the amount of time that has passed), the candidate may still be eligible for employment. The factors outlined in Section IV.C.4 Substantial Relationship Considerations will be utilized in determining whether to hire the external candidate or transfer or promote the internal candidate.

An offer of employment may be extended, contingent on the satisfactory completion of the appropriate background check, to an applicant prior to the completion of the background check. However, the applicant’s first day of work in the position must not be prior to the satisfactory completion of the appropriate background check.

When a candidate is not selected based on background check results, the results may be provided as required by Iowa law and the Fair Credit Reporting Act and the candidate may be givenan opportunity to refute the information in accordance with the deadlines required by the FCRA. Additional time may be provided to the candidate at the sole discretion of Cornell College. Cornell College reserves the right to decline an applicant or to discipline and/or terminate an employee who has provided false, misleading, erroneous, or deceptive information on an application, resume, or during an interview or who has omitted material information during the hiring process.

Definitions

Key Student is defined as resident assistants, library student workers, peer advocates, camp workers, or other students in a position with access to minors, developmentally disabled persons, or vulnerable adults. If a break in employment of 12 or more months has occurred, a new check will be run. Outside vendors employing Cornell students, such as Bon Appétit Food Services, maintain responsibility for them and Cornell College will not perform background checks for these student workers.

New Hire is defined as any prospective employee that is not currently an employee of Cornell College. Employees who have not had an active job with the institution for 12 months or more (for reasons unrelated to an approved leave of absence, such as FMLA or workers’ compensation leave) are considered to have separated employment from Cornell College and thus considered a new hire for purposes of this policy.

Transfer is defined as a current employee who changes positions or becomes a supervisor (i.e.,Dept. Chair, Supervisor, Director, VP, etc.) and does not have a current background check on file. When a current employee obtains a different position, which requires a different background check due to policy or law, the appropriate background check will be conducted.

Procedures / guidelines

Background checks conducted

Human Resources, in collaboration with the hiring department, determines the extent of the background investigation for the open position. These may include any of the following:

The Human Resources office or designee will be responsible for all activities involved with background checks, including determining the scope, conducting checks, referring checks to outside vendors and making recommendations based on results. A key component of this role involves keeping information confidential, except on a need-to-know basis or as required by law. A breach of confidentiality or the inappropriate use of background check information may constitute a work violation and may be grounds for disciplinary action up to termination.

Positions subject to background checks

The following provisions set forth the types of background checks, by position and by relationship to Cornell College such as volunteers, employees who live on campus and their spouses and domestic partners who reside with them, and other resident guests. A position may satisfy one or more categories, such as a coach who operates institution-owned vehicles. Such position is subject to all applicable background checks. This is intended to be for explanatory purposes only and does not limit Cornell College’s right to conduct any and all type of background check it deems necessary, including those not included below. All references will be checked and as such, this type of check is not specifically noted by position. All criminal background checks shall include a check of the National Sex Offender Registry.

Full-time Professors and Instructors: Educational and professional credentials will be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks.

Full-time Staff: Educational and professional credentials will be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks.

Campus Health Care Personnel All educational and professional credentials will be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks.

Mental Health Counselors and Pastoral Counselors:All educational and professional credentials will be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks. As of October 26, 2023, individuals who serve as counselors or pastors at Cornell College shall also be subject to a background check concerning the occurrence of sexual contact between the candidate and current or former patients. Cornell College conducts this background check by making inquiries of all the candidate’s employers, including institutions or seminaries whose name and address have been disclosed by the candidate and who employed the candidate in a psychotherapy role (including counselors and members of the clergy) within the last five years.

Athletic Trainers:All educational and professional credentials will be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks. An investigative consumer report may also be required at the discretion of Cornell College.

Faculty, Staff, Coaches, Key Students, and Volunteers Affiliated with an Educational, Athletic or Camp Programs for Children: These positions require SSN verification and national criminal database & sex offender registry checks.

For faculty, staff, including coaches and key students, and volunteers affiliated with sports programs, camps for children, or any other Cornell College program where any unsupervised direct contact with a minor is anticipated, an investigative consumer report may also be required at the discretion of Cornell College (This policy does not apply to those who may have incidental contact with minor children in the course and scope of their duties, such as walking by a sports camp to get to one’s building.)

Because access to records of minors is generally sealed or otherwise restricted in many jurisdictions, key students who are minors should be required to submit at least two letters of reference from persons familiar with the minor’s conduct and behavior, such as the Dean of Discipline at their school, a religious leader, or a supervisor at a job or volunteer position.

Residence Assistants, Security Personnel, and Other Employees with Access to Residence Halls: Individuals who have key access or access to keys of a residence hall shall be subject to a criminal background check, including a sex-offender registry check and an SSN verification. The Human Resources office will work with the Facilities office in identifying individuals who have access to keys or key access to residence halls.

Employees who live on campus, as well as their spouses, domestic partners, or other resident guests shall be subject to an SSN verification, residency history, country criminal background check, and a national criminal database & sex-offender registry check. The Human Resources office will work with the Facilities and Student Affairs office in identifying individuals with access to keys or key access to residence halls.

Finance and Accounting Employees and Information Technology Employees: Educational and professional licenses shall be verified. These positions also require verification of prior employment, residency history, SSN verification, county criminal check(s), & national criminal database & sex offender registry checks. Those with unsupervised or high-level access to Cornell College’s financial accounts, lines of credit or other sensitive financial information shall be subject to a credit history check. The credit history report shall include a check of any civil lawsuits.

Institution-Approved Drivers: Employees, Students, and Volunteers Individuals in these positions shall be subject to any background checks applicable to their position, but at a minimum require national criminal background check and SSN verification. In addition, any individual who has a responsibility for operating a motor vehicle on behalf of the institution shall be required to submit a Driver Acknowledgement Form. This includes individuals whose operation of a motor vehicle is incidental to their duties, such as professors who drive students on a field trip. These individuals shall have a continuing duty to provide the institution with any new information regarding their driving history or license status. These requirements apply to individuals who operate institutional vehicles and those individuals who use their personal vehicle or a rented vehicle for institutional business. A motor vehicle check will be issued for new hires in positions that drive regularly on behalf of the college (ex: coaches, facility services, residence life staff).

Positions with Access to Hazardous Materials: Individuals in these positions may be subject to any background checks applicable to their position, but at a minimum require verification of prior employment and an SSN verification. In addition, if an individual has unsupervised access to hazardous materials, such as chemicals or biological agents that could be used to harm others, they shall be subject to a criminal background check.

Volunteers: Travel Programs: These positions should be subject to a criminal background check. These individuals shall be subject to an SSN verification and national criminal database & sex offender registry checks.

Day Laborers: Employees, independent contractors and/or agents of any vendor to the institution who perform services for the benefit of the institution must have successfully completed a criminal background check in accordance with this policy. The vendor may be required to check the references and prior employment of any of its employees, independent contractors, or agents who will be performing services for the benefit of the institution. Vendors should be prepared to attest to the completion of background checks on their employees.

All Other Positions: In addition to the background checks described above, a general background check, including an SSN verification and national criminal background check will be conducted for all new hires or transfers, unless they are subject to another background check defined above. This background check will include a National Sex Offender Registry search performed through the College’s background check vendor.

Source: Cornell College Employee Handbook