Purpose
This policy incorporates the guidelines and procedures delineated in TBR Guideline P-010, Personnel Transactions and Recommended Forms.
I. Introduction
- It is the policy of Volunteer State Community College (VSCC) to hire the best-qualified applicant for any available position. This policy is consistent with our commitment to providing the highest level of quality care and to take reasonable measures to ensure the safety of our faculty, staff, students, community & property.
- VSCC will conduct background investigations on all applicants recommended for employment with the exception of work-studies unless in campus police or a financial aid reader.
- VSCC reserves the right to conduct background investigations on employees during the term of their employment for the following purposes: criminal offense investigation; sexual harassment investigation, and any other legitimate reason.
- The type and extent of each background investigation will be determined by the nature of the position to be filled by the applicant/employee.
- The President (or other such college officials as the President may delegate) shall designate positions requiring background checks within the institution. The Office of Vice President for Human Resources will maintain a list of the type of background checks that will be required based upon responsibilities.
II. Background Checks for Candidates
Pursuant to Tennessee Board of Regents Guideline P-010, Personnel Transactions and Recommended Forms, background checks of candidates recommended for employment will be conducted on positions that include, but are not limited to, those that have access to money, security-sensitive areas, and confidential information; and positions that have the capability to create, delete, or alter records.
III. Background Check for Current Employees
Circumstances may also arise for which background checks of current employees will be necessary in order to determine whether their employment status with the institution should be changed. In addition, an effort to comply with the recommendation of the Joint Commission on Accreditation of Healthcare Organization, major healthcare facilities and agencies utilized by VSCC for our clinical training requires that each faculty (adjunct or full time) member engaged in clinical participation undergo a background check. The background checks are to be completed prior to the faculty member’s participation in on-site supervision and instruction of students in Health Sciences clinical placement program. The Health Sciences faculty background check is conducted every (3) years, no more than ninety (90) days prior to the faculty member’s first clinical participation for that year.
This process is necessary to ensure that individuals who possess the qualifications to perform the duties of the position most effectively and who are best able to serve the institution. The type and extent of each background check will be determined by the nature of the position to be filled by the recommended candidate or employee. Only specified sensitive positions may include a financial/credit report.
IV. Notification
The individuals subject to background checks must be made aware of this practice at the earliest possible stage in the process. All notices for recruitment, advertisements, job descriptions, and position vacancy announcements shall include a statement indicating that applicants may be subject to background checks. Appointment to a specified position is contingent upon successful completion of a background check. Employment contracts should state that employment is conditional upon the candidate’s successful completion of the agency background check. Background checks are to be completed prior to appointing a person to the position. However, should a check be initiated after employment has begun, the results shall be used to assess the employee’s suitability for continued employment.
V. Types of Background Checks
VSCC has determined what type(s) of checks will be required for each position based upon the responsibilities of the position. The Office of Vice President for Human Resources will maintain a list of the types of checks that will be required of the specified positions based upon the responsibilities of the position.
VI. Forms and Procedures
- The Office of Vice President for Human Resources is responsible for ensuring that the Disclosure and Authorization Form required by the Fair Credit Reporting Act (FCRA) is completed and forwarded to the Office for Vice President of Human Resources. No background check may be requested until this form is completed. If the candidate/employee refuses to sign the Disclosure and Authorization Form, no further consideration will be given to this candidate/employee. The third-party vendor conducting the background check is required to provide all necessary forms to be used in this process.
- The Office of Vice President for Human Resources will send via software, the background check request to the background check agency. The background check agency will normally respond within 24 to 48 hours of receipt of the form.
- Once received, the Office of Vice President for Human Resources, will review and evaluate the information. If the background check contains information upon which it is determined that the candidate/employee does not possess the qualifications or characteristics necessary to perform the duties of the position most effectively or would not be the best candidate to serve the institution in the position, an offer of employment, promotion, reclassification, or transfer should not be made.
VII. Disqualification of Candidate/Employee
- In instances where information is obtained that would disqualify the candidate/employee or, make him/her a questionable risk for hire, promotion, reclassification, transfer or continued employment, the Office of Vice President for Human Resources may discuss the information with the General Counsel to ensure the decision is fair and legal based upon the information.
- Detention and/or arrest without conviction do not constitute valid grounds for employment decisions and cannot play a part in the decision-making process. Only criminal convictions or pleas of nolo contendre will be considered in determining candidate’s/employee’s suitability for employment or continued employment. In determining suitability for employment where there is a record of criminal conviction, consideration shall be given to such issues as the specific duties of the position, the number of offenses and circumstances of each, how long ago the conviction occurred, whether the circumstances arouse out of an employment situation, and the accuracy of the explanation on the application.
- If adverse action is to be taken based in whole or in part of the information obtained from the background check, additional provisions of the FCRA must be followed. Prior to taking adverse action, the Office of Vice President for Human Resources must provide the candidate/employee with a copy of the background check report, along with a summary of rights. After the adverse action is taken, the candidate/employee must be given an adverse action notice.
VIII. Background Check Fees
The background check agency conducting the check will charge a fee for each check that is conducted. The fee will be charged to the Office of Vice President for Human Resources.
IX. Retention of Results
The Office of Vice President for Human Resources will serve as the custodian of the records for background check results.
History
TBR Source: P-010 July 2, 1976 and August 19, 1976 TBR staff memoranda; Revised September 16, 1980 TBR staff memorandum; July 1, 1984; August 16, 1984 TTC Sub Council meeting; July 1, 1985; February 16, 1988 Presidents Meeting; May 15, 1990 Presidents Meeting, September 21, 1990 Presidents Meeting; November 13, 1990 Presidents Meeting; November 11, 1991 Presidents Meeting; November 12, 1996 Presidents Meeting; August 5, 1997 Presidents Meeting; February 16, 2000 Presidents Meeting; May 21, 2001Presidents Meeting; February 13, 2002 Presidents Meeting; November 5, 2003 Presidents Meeting ; November 8, 2006 Presidents Meeting; February 13, 2007 Presidents Meeting; August 19, 2008 Presidents Meeting; May 12, 2009 Presidents Meeting; May 18, 2010 Presidents Meeting; August 20, 2013 Presidents Meeting. SO-BF August 20, 2014; October 11, 2016, changed RODP reference to TNeCampus.
VSCC Source: August 22, 2005, President; January 6, 2009, President's Cabinet; March 22, 2010, President’s Cabinet; January 23, 2012, President’s Cabinet; November 21, 2016, President’s Cabinet; November 12, 2025, President’s Cabinet
Effective 12/01/2016, it is the policy of Volunteer State Community College to conduct background checks on all candidates recommended for hire (including but not limited to hired, promoted, reclassified, or transferred) into specific positions. All work study students in Campus Police will require a background check.
Effective 12/01/2011, it is the policy of Volunteer State Community College to conduct background checks on all candidates recommended for full-time faculty, regular full-time, regular part-time staff, all temporary, and work-study employees in the Campus Police Department and employees who are appointed (including but not limited to hired, promoted, reclassified, or transferred) into specific positions.
