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Criminal Background/Motor Vehicle Records (MVR) Check Criteria As of August 1, 2014

Rochester Institute of Technology is committed to providing a safe and secure campus for its students, staff, faculty and visitors, and to protecting the material resources of the university. To achieve this goal the university takes reasonable care in selecting its new employees.

 

The RIT Criminal Background/MVR check process was implemented in November 2004, and is updated from time to time to reflect current hiring/employment practices and changes in the law.

 

RIT does not run credit reports as a part of the background check process.

 

RIT does not use social media as part of the background check process.

 

CRIMINAL BACKGROUND CHECKS (CBC)

 

The following individuals must complete the CBC and MVR Form and submit it to hr@rit.edu prior to the start of employment or volunteer activity (see below).  The Human Resources department will process the CBC within 72 hours of receipt of the completed authorization form. 

 

The hiring manager or camp director must receive notification that the background check has been cleared prior to the start of the assignment.

 

UPON HIRE – FACULTY, STAFF AND STUDENT

 

The following individuals are subject to a criminal background check prior to employment:

 

  • ALL regular staff for all colleges and divisions of the university
  • Institute Audit Compliance and Advisement—staff, co-op student employees
  • Dining Services—student managers that are also bartenders
  • Regular RIT faculty, staff and students working on grant associated/externally funded projects that require background checks as a condition of the grant/project
  • Adjunct faculty in the Division of Student Affairs

 

ANNUAL – FACULTY. STAFF AND STUDENT

The following individuals are subject to a criminal background check annually:

·         All staff and volunteers (including RIT student workers and volunteers) for overnight camps of 72 hours or more with minors under 18.

·         All camp directors and staff including student workers, for day camps operating between June 1 and Sept. 15 with minors under 16.

RIT requires any program involving minors throughout the year to follow New York State guidelines. All related information and guidelines can be found here.

 

AGENCY-TEMPORARY EMPLOYEES

  • All agency temporary employees working on assignment at RIT are required to undergo the same scope of background checks as required for RIT employees. The Agency will be responsible for running the background checks.

 

ADDITIONAL VERIFICATIONS UPON HIRE – FACULTY. STAFF AND STUDENT

 

The following individuals are subject to additional verifications prior to employment:

 

  • Margaret’s House— additional verification for positions within their area, which are managed by the respective departments.
  • Public Safety— additional requirements (such as drug testing and physical) and verification of required certifications for positions within their area, are managed by the respective departments.

 

EXCEPTIONS-HIRES THAT DO NOT REQUIRE CRIMINAL BACKGROUND CHECKS

 

Within affected organizations/positions, some groups/classifications are excluded:

 

  • Student employees/co-op students other than those explicitly stated above  
  • Independent contractors
  • International/foreign national hires
  • External vendors/contractors for on premises work/events

 

MOTOR VEHICLE RECORD (MVR) CHECK AND NYS LENS PROGRAM

MOTOR VEHICLE RECORD CHECK – UPON HIRE

 

The following individuals are required to complete an MVR background check prior to the start of their employment/assignment for any position that lists driving as an essential function of the job.

 

The MVR check must be run and cleared prior to the start of the individual’s assignment. This applies to:

 

  • Any staff or faculty hires for a position that lists driving as an essential function of the job
  • Student Employees operating RIT vehicles
  • Current RIT regular employees/internal transfers (faculty or staff) who transfer to a position that requires an MVR check for operating RIT vehicles (as identified by the hiring department) unless they are already enrolled in the NY LENS program.
  • If the employee (faculty-staff-student) has an out-of-state license, the individual must complete the Criminal Background check form. If an individual’s driver’s license is from a state that First Advantage does not access, the individual will secure a copy of their driving record from that state, fill out the background check authorization form, and the hiring manager will forward the form and driving record to the staff recruitment assistant for review, and either clear or deny operation of vehicles.

 

Please note—international Students are not permitted to operate any RIT vehicles as there is no ability to verify the validity of a driver’s license record prior to coming to RIT/USA. An International Driving Permit is not a driver’s license. The permit only verifies that the individual holds a valid driver’s license in their home country

 

NYS LENS (License Event Notification Service) Program

 

RIT Employees (Regular Faculty or Staff) who do any of the following must be entered into the NYS LENS Program by completing the NY LENS background check form to be eligible to drive vehicles for RIT business purposes (unless listed above in exceptions):

·         Employees who either regularly or intermittently drive any RIT vehicles. This includes, but is not limited to, automobiles, trucks, Gators and golf carts.

·         Employees who regularly drive their personal vehicles for RIT business purposes.

·         Employees who regularly rent vehicles while traveling for RIT business purposes.

Only employees with NYS driver’s licenses can be entered into LENS. Employees with driver’s licenses from other states will be subject to annual MVR checks. The Vehicle and Driver Safety Procedures for RIT can be found in their entirety here.

 

BACKGROUND CHECK RESULTS

 

If the background check reveals any negative results that could be grounds for denying future or continuing employment or as a volunteer, the manager of staff recruitment will notify both the candidate and the department manager or camp director. They will be notified that the individual is not clear for hire or participation at this time. Only the candidate is given the actual results of the background check.

 

If the candidate believes that the information contained in the criminal background check is inaccurate and wishes to contest the validity of the information, the department will be required to hold the position open for up to 60 days as required by Federal Credit Reporting Act (FCRA), the federal act which oversees the background check process.

 

While the results of the criminal background check are being contested, the department cannot automatically hire their second choice. During this time, the department is permitted to fill the position on a temporary basis (through an outside agency) if circumstances require. The temp employee must be advised in writing that the assignment is temporary, that it is for no more than 60 days, and that the temporary assignment is subject to termination with or without notice before the expiration of the 60 days.

 

DECISIONS TO DENY EMPLOYMENT/HIRE BASED ON CRIMINAL BACKGROUND/MVR RECORD

 

The Assistant Vice President of Human Resources will make the decision to deny employment or volunteer participation to an individual because of a record of criminal or MVR conviction(s) or to hire an individual or allow an individual to volunteer with a record of criminal or MVR conviction(s) after considering recommendations made in a case review process. The general and overarching conditions that guide the decision-making are:

 

·         New York State’s public policy of encouraging the employment of persons with prior convictions.

·         The specific duties and responsibilities necessarily related to the license or employment sought.

·         The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his ability to perform one or more such duties or responsibilities.

·         The time which has elapsed since the occurrence of the criminal offense or offenses.

·         The age of the person at the time of the occurrence of the criminal offense or offenses.

·         The seriousness of the offense or offenses.

·         Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.

·         The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.