| Policy Title | Background Screening Policy |
| Type or category of Policy: | University Policy |
| Approval Authority: | |
| Responsible Executive: | Associate Vice President for Human Resource |
| Responsible Office: | Office of Human Resources |
| Owner Contact: | Office of Human Resources, Trustco Bank Center Room 120, humanresources@siena.edu, 518-783-2420 |
| Reviewed By: | |
| Reviewed Date: | April 4, 2014 |
| Last Revised and Effective Date of Revision: | 11-16-2024 |
Siena University recognizes that hiring the best qualified individuals to fill positions contributes to the overall strategic success of the University. The University also strives to exercise reasonable care in providing to our students, faculty, staff, volunteers and visitors a safe and secure environment, and to provide reasonable protection for the human, financial, and material assets of the University.
This policy establishes a process for ensuring background checks are completed for any individuals age 18 and over (paid and unpaid) who are hired by Siena University in any work capacity effective on or after the date of this policy. This includes all faculty, staff, administrators, spouses of employees who reside on campus, anyone traveling overnight with students, and anyone working with minors. Based on the position, it may apply to volunteers, students, and individuals appointed for two weeks or less.
Background checks will be used solely to evaluate candidates’ eligibility to be engaged in any work capacity at the University, and will not be used to discriminate on the basis of protected categories included in Siena University’s Discrimination and Harassment Policy and Compliance Statement.
Applicants and volunteers under consideration shall complete an employment/volunteer application that requires them to describe any open arrests and criminal convictions excluding convictions sealed under Federal or State law, and to certify the accuracy of information provided on the application. Falsification of information on an employment/volunteer application or in the hiring process can result in denial or forfeiture of University employment or volunteer services. If false, misleading, or omitted information is discovered after an individual has been appointed, the individual’s appointment agreement may be deemed null and void and the individual’s employment may be terminated.
While applicants and volunteers are required to disclose open arrests or convictions, applicants may not be asked to reveal information about prior arrests or any convictions that have been expunged or sealed under Federal or State law. Any information about reported convictions, as well as information about falsification of information, will be reviewed by the Office of Human Resources for further investigation and appropriate actions, in consultation with appropriate University officials. Convictions disclosed on the application or during the employment process do not automatically disqualify an applicant or volunteer. The University will perform an individualized assessment for each applicant. In accordance with New York Corrections Law, Article 23-A, the University takes into consideration a number of factors in reviewing convictions so disclosed. Specifically, the nature (e.g. violence, destruction of property, breach of confidence, etc.), severity and number of convictions, the age of the applicant at the time of the offense, the amount of time that has passed since the last date of offense and the last date of incarceration (if any), the relationship the conviction has to duties and responsibilities of the position, and the candidate’s conduct and rehabilitation efforts since conviction also may be taken into account in the final hiring decision.
Applicants and volunteers will be advised that a background check is a requirement for an appointment at Siena University, as appropriate. Job postings (paid or unpaid) will include language identifying the need for all individuals (including current University employees) to undergo a background check appropriate to the position’s responsibility. Applicants and volunteers are required to sign a Disclosure and Consent form, authorizing the University to conduct a thorough background check. Any applicant may decline to sign a Disclosure and Consent form, but will no longer be considered eligible for employment or volunteer service.
Current employees applying for any position for which a search is being conducted or moving into a different position will be required to have completed the appropriate background checks necessary for the position.
For purposes of this policy, generally a break in service of one year or less does not require a new background check unless the individual returns to an assignment requiring a check(s) which was not previously performed. Additionally, an approved leave of one year or less does not require a new background check. Individuals with a break in service and/or a leave of one year or less will be required to confirm, in writing, whether or not they have been subject to convictions or have a current open arrest(s) at the time of their return to work/volunteer service.
Furthermore, returning employees/volunteers with driving responsibilities must confirm, in writing, whether or not they have been subject to any motor vehicle violations, any motor vehicle preventable accidents, any arrests or convictions for driving while under the influence or ability impaired, or the suspension or revocation of the individual’s driver’s license. A new background check will be required for individuals with breaks in service and/or leaves greater than one year, as appropriate.
Programs involving minors must ensure that all faculty, staff, administrators, students (18 and over), volunteers, and any other personnel have been subject to a criminal background check annually. Individual programs may require more frequent updates.
Siena University has partnered with an outside vendor, a consumer reporting agency, to conduct background checks. Background check results are considered property of Siena University.
Scope
The level and type of background checks depend on the position and may include but are not limited to:
- Global, Federal, State and County Criminal Searches
- Sex offender registries
- Current/former employment
- Current and previous addresses
- Name and social security number verifications
- Education degree verification
- Motor vehicle record check/insurability verification
- Credit check
- Licensure Verification
(References will continue to be verified by the hiring supervisor.)
The Office of Human Resources will maintain a matrix on position specific background checks.
Periodic Updates or Additional background Checks
The University retains the right to conduct relevant background checks of current employees/volunteers when it has reasonable grounds to do so, e.g. no prior check was performed, a workplace incident has occurred, upon self-disclosure of criminal activity, or upon the University being informed of such activity, or upon change of assignment. The University also reserves the right to require background checks of additional categories of applicants, at its discretion.
Siena University reserves the right to modify or amend this policy at any time, with or without notice.