Criminal Background Screening

1. Purpose

This Policy establishes the general guidelines, requirements, and processes for the University of Florida Human Resources (“UFHR”) and UF hiring departments in evaluating and conducting criminal background checks on current or prospective employees, volunteers, and contractors in support of UF’s effort to maintain and foster safety for students, faculty, staff, and institution assets.

2. Applicability

This Policy applies to all current and future UF employees, volunteers, and contractors.

3. Definitions

N/A

4. Policy Statement

This Policy provides guidelines for conducting criminal background screening on current and future UF employees, volunteers, and contractors and, for current UF employees, on self-reporting criminal activity to UF management.

4.1. Policy Specifics

Criminal background screening may be conducted when the individual:

• Transfers into another position;
• Requires access to safety-sensitive or confidential information or locations, especially when an appropriate designated check was not conducted prior;
• Conducts business or performs work at facilities that require additional screening as a result of federal or state laws, UF policies, or grant requirements;
• May have falsified their employment application materials or personnel records; or
• When there is a reasonable suspicion that the individual may have engaged in an activity that violates federal or state laws or UF policies.

4.1.1. Self-Reporting Criminal Activity

Current employees, volunteers, and contractors must notify their immediate supervisor, contract administrator, or other appropriate UF management of any charges to felony or first-degree misdemeanor offense(s). Notifications must be made within 24-hours of the incident, or under extenuating circumstances as soon as reasonably possible.

4.1.2. Screening Type

The criminal background screening type will depend on, but is not limited to, the following factors:

• Current and previous three years’ residence;
• Responsibility of working with children/minors;
• Compliance with federal or state law;
• Access to confidential or sensitive information or materials; and/or
• Nature of the position.

4.1.3. Responsibility for Criminal Background Screening

UFHR Talent Acquisition & Onboarding is responsible for managing criminal background screening for all employees, volunteers, and contractors, with the exceptions of:

• Institute of Food and Agricultural Sciences (“IFAS”) 4-H volunteers;
• P.K. Yonge temporary employees; and
• UF Law Enforcement officers.

4.1.4. Requests for Criminal Background Screening

The hiring authority/department will be responsible for submitting a request to conduct criminal background screening on an employee to UFHR Talent Acquisition & Onboarding.

4.1.5. Screening Levels

4.1.5.1. Level 1 Check: Requires submission of personal information such as social security number, physical address, legal name, etc., to conduct a records search. Types include:

• Alachua: Searches for records of occurrences within Alachua County.
• Florida Department of Law Enforcement (“FDLE”): Searches for records against Florida Department of Law Enforcement criminal database.

4.1.5.2. Level 2 Check: Requires submission of biometric information such as fingerprints, to search for records in accordance with Chapter 435, Florida Statutes. Types include:

• Level 2: Searches for records within the FDLE and Federal Bureau of Investigation (“FBI”) databases.
• Level 2 Department of Children and Families (“DCF”): Specifically used for positions working for UF Baby Gator, UF summer camps, UF afterschool programs, or contracts funded by Florida Department of Children and Families.

4.1.6. Review and Assessment of Criminal Background Results

Background results will be reviewed and assessed based on:

• The nature and gravity of the offense(s).
• The amount of time that has elapsed since the conviction(s).
• The nature of the job for which the individual is being considered.
• Reoccurrence and pattern of criminal behavior.
• Falsification of employment and personnel-related materials.

4.1.7. Timing of Screening and Clearance

It is expected that a criminal background screening is completed and the individual is cleared prior to an employee beginning work or gaining access to safety sensitive or confidential information/facilities. If a candidate, volunteer, or contractor begins working or volunteering prior to conducting the appropriate check or receipt of a Level 1 or Level 2 screening, the hiring department shall inform the candidate, volunteer, or contractor that their appointment will be contingent upon the results. Individuals working or volunteering with UF Baby Gator, UF summer camps, UF afterschool programs, and on DCF funded contracts shall not begin working until UFHR receives clearance from DCF.

4.1.8. Confidentiality of Results

All background check results will be handled and retained confidentially, and results will only be disclosed in accordance with federal and state statutes.

4.1.9. Compliance with the Fair Credit Reporting Act (“FCRA”)

For a criminal background screening that falls under the FCRA, UF will collect credit information on applicants consistent with the FCRA guidelines. UF will:

• Certify to the consumer-reporting agency that the employer is in compliance with the FCRA and will not misuse the information it receives,
• Disclose to applicant or employee, on a separate form, its plans to obtain a consumer or investigative consumer report and that the information received will be used solely for employment purposes,
• Obtain written authorization from the applicant or employee,
• Inform the individual of his or her right to request additional information on the nature of the report and the means through which such information may be obtained,
• Inform the applicant that the report will include information about the individual’s character, general reputation, personal characteristics, etc.,
• Provide the individual with a summary of his or her rights under the FCRA, and
• Provide the applicant appropriate pre-adverse and adverse letters if the results of the check are negative and reasonable time (5 days) to contest the information.

4.2. Review and Adjudication

The following department is responsible for overseeing implementation of and assuring compliance with this policy. This is who to contact with questions about the policy or to report suspected violations:

UFHR – Talent Acquisition & Onboarding
PO Box 115002
(352) 392-2477 (2HRS)
HR-BackgroundChecks@ufl.edu

4.3. Policy Violations

Failure to comply with this policy could result in disciplinary action, up to and including termination. Inappropriate use and dissemination of collected information may result in criminal charges.

History