Pre-Employment Background Checks

NOTE: THE BACKGROUND CHECK REGULATION IS UNDERGOING REVIEW AS UNF IS CURRENTLY UNABLE TO CONDUCT LEVEL II SCREENINGS FOR CERTAIN TYPES OF BACKGROUND CHECKS DESCRIBED BELOW. UNF WILL BE PERFORMING ALTERNATIVE BACKGROUND SCREENINGS UNTIL FURTHER NOTICE.

In support of the University’s effort to maintain and foster safety and security of students, faculty, and staff, the University requires pre-employment Level 1 criminal background checks. Pursuant to the procedure in section 435.04, Florida Statutes the University requires pre-employment Level 2 background checks, which includes fingerprinting through a vendor selected by the University, for all prospective faculty and staff including student employees who are hired to perform positions designated as positions of trust. In some unique cases volunteers may be required to undergo a successful background check before being permitted to perform services on behalf of the University. Additionally, any current employee who occupies a Position of Trust as defined in this regulation, will be required to successfully undergo a Level 2 background check as a condition of continued employment in such a position.

Level 1 and Level 2 background checks are conducted through a third-party vendor, Sterling, who will complete the background checks pursuant to the Fair Credit Reporting Act ("FCRA"). Additionally, any current employee who occupies a Position of Trust is required to complete a level 2 background check as a condition of continued employment in such a position. *New student employees (including Graduate Assistants) are not included in this program unless they are hired to perform a position designated as a position of trust.

The standard background check scope is 7 years due to FCRA regulations; however, convictions older than seven years provided by the county will be indicated on the background screening report. The background screenings provide the University with critical information to make the best and most informed hiring decisions. For additional information, please review the Background Check Regulation.

All offers of employment will be contingent upon successful completion of a background check. Background checks must be completed before the selected applicant begins employment and will be processed as follows:

Expand All

A&P

A&P offers can be extended by Human Resources at the request of the hiring official and will communicate, via written confirmation offer letter, that the offer is contingent upon a successful background check.Human Resources will inform the candidate that they will receive an email from Sterling to begin the process of the background check.

A&P offers that are extended by the department hiring official must communicate to the candidate that the offer is contingent upon a successful background check. The official offer letter must also include language that the offer of employment is contingent upon a successful background check. Human Resources must be notified upon offer acceptance and will follow up with a confirmation email to the candidate with further instructions on beginning the background check process.
USPS

Human Resources will continue to extend employment offers to USPS candidates and will communicate, via written confirmation offer letter, that the offer is contingent upon a successful background check. Human Resources will inform the candidate that they will receive an email from Sterling to begin the process of the background check.
OPS

Offers for OPS positions will be extended by the department hiring official who must communicate, in writing, to the candidate that the offer of employment is contingent upon a successful background check and that they will receive an email from Sterling to begin the process of the background check. The hiring official must notify Human Resources of the offer acceptance in order for Human Resources to initiate the background check.
Faculty

Faculty offers that are extended by the department hiring official must communicate to the candidate that the offer of employment is contingent upon a successful background check. The official offer letter must also include language that the offer of employment is contingent upon a successful background check. Human Resources must be notified upon offer acceptance and will follow up with a confirmation email to the candidate with further instructions on beginning the background check process.

Evaluating Pre-Employment Background Checks

HR Review

Human Resources reviews all background check results and renders a decision whether the applicant should be offered employment.
Timeline

The background process typically takes approximately 5-7 business days from the candidate's completion of the request for information from Sterling.

In the event a candidate is not hired due to background check results that do not meet University standards, Human Resources will communicate this information to the candidate. Human Resources will also send Summary of Rights notification that describes the applicant's rights under the Fair Credit Reporting Act. Background check results that do not meet University standards will not prohibit the applicant from applying for other positions at UNF.

Please ensure that all offers of employment and offer letters extended include the language "all offers of employment are contingent upon successful completion of a background check."

*Student employees include graduate assistants, graduate teaching assistants and graduate research assistants. Generally any individual at UNF whose primary status is that of a student is exempt from the background check process.

**Determination of the type of background checks to be conducted will be made by Human Resources in conjunction with the hiring department. For example, positions designated as "positions of trust" may require level 2 background checks including fingerprinting as described by Florida law and/or credit checks depending on the position's job duties.

Request for Reconsideration of Background Check Decision

Applicants

The decision to not hire an applicant based on the results of a pre-employment background check can be challenged by the applicant or by the divisional vice president. If an applicant desires to challenge the results of a background check, they should contact Daniel Nicolas, the Associate Director of Employee and Labor Relations, and indicate why the background check results are inaccurate or should not preclude the applicant from being considered for employment.

The divisional vice president over the area where the applicant has sought employment may appeal the Background Check Committee's decision to the University President.The University President will make the final decision whether to offer the applicant employment.
Current Employees Occupying Positions of Trust

As with applicants, Human resources will review the results of the background check report and determine whether the employee is eligible to occupy a Position of Trust. The divisional vice president over the area where the applicant has sought employment may appeal the decision to the University President. The University President will make the final decision whether to offer the applicant employment.

If the employee disagrees with the University President's decision, they can contest the employment decision through the applicable grievance procedures based on the employee's status. Any decision reached through grievance proceedings will be final.

Frequently Asked Questions

Why is UNF requiring background checks?

UNF is committed to maintaining and fostering safety and security of students, faculty and staff. As part of the effort to create a safe work and study environment, UNF requires that a background check be conducted on prospective employees as a condition of employment.
Who is required to submit to a background check?

All prospective UNF employees classified as Adjunct, Administrative (A&P), Faculty, Support (USPS), and Other Personnel Services (OPS) are required to submit to a Level 1 background check. All prospective employees working positions designated as positions of trust may be required to submit to a Level 2 background check which includes fingerprinting.

Volunteers and Students are generally exempt from background checks unless special conditions apply.
Will current employees be subject to a background check?

Current employees are required to report any conviction that occurs during their employment with UNF. Generally, a background check may only be conducted on current employees if required by law or if there is a reasonable belief that the employee has been convicted of a crime and has not reported it to Human Resources.

If a current employee is offered a position designated as a "position of trust" or an OPS employee is promoted or reassigned to a budgeted position and not previously checked, a background check will be conducted.
How is the security of personal information maintained, such as date of birth and social security number?

Background checks are conducted by a third-party provider that offers a web-based application that ensures data integrity and confidentiality of personal information. Results are reviewed and adjudicated by Human Resources.
Will the candidate be automatically disqualified becuse of a conviction?
Individual results will be reviewed on a case by case basis. The following will be considerations:
- The nature and gravity of the offense; and
- The time period that has elapsed since the conviction; and
- The nature of the job for which the applicant is applying: and
- Reoccurrence and pattern of criminal behavior; and
- Truthfulness of the applicant in disclosing the offense(s); and
- Information supplied by the applicant about the offense(s).
Can the candidate request a copy of their background check result?

Yes. Also, the background checks are conducted through a web-based application by a third-party provider. This service allows applicants to order their own background checks and fingerprints online. Information collected through the provider is secure, tamper-proof and confidential. The results will be posted on the provider website where the applicant can login to view them confidentiality.
How does the background check process begin?

The department hiring official is to notify Human Resources of the selected candidate's legal name, email address and location (in-state or out-of-state). The candidate is notified that the offer is contingent upon successful completion of a background check. Human Resources initiates the background check process. The candidate will receive and email directly from the third-party provider with instructions on how to start the background check process.
How many days does the applicant have to initiate/complete requested background check information?

The applicant should complete the information as soon as he/she receives the request. A reminder will be sent three calendar days from receipt of the initial email invitation if the candidate has not provided the information.
What happens if the applicant fails to provide the requested information in the allotted time?

Human Resources will contact the department hiring official to discuss proceeding with candidate.
What if the position/recruitment was not required to go through OASys?

The department hiring official must notify Human Resources of the candidate's legal name, email address, and location (in-state vs. out-of-state, including state) after offer acceptance, in order for Human Resources to initiate the background check process.
What if an applicant was previously successfully checked but not hired?

A background check will be conducted.
I have a former employee being rehired after a break in service. How do we proceed?

A background check will be conducted if there has been a break in service of more than one year.
I have a federal work study student employee returning from the previous semester. How do we proceed?

Background checks are not conducted on student candidates for employment.
My OPS employee is moving to a budgeted position.

A background check will be conducted, if not previously conducted within the last year.
I'm facing an extraordinary circumstance where an employee must begin working prior to the completion of a background check. How do I proceed?

The employee must be notified in writing that the offer of employment is contingent upon successful completion of a background check. The hiring department should request an exception for an employee to begin working prior to the completion of a background check by contacted Human Resources and providing an explanation of the extraordinary circumstances. The background check process must be initiated as quickly as possible in such situations.
Is the background check result subject to the public records law?

UNF uses background check information to determine whether applicants meet the eligibility requirements for a position they have sought, but criminal and juvenile records obtained in the background check process are exempt from public disclosure.
What is a "position of trust"?
Positions of trust include, but are not limited to:
- Persons who receive and process payments made by cash, checks, or debit/credit cards;
- Persons who perform budgetary, accounting, or other fiscal activities; and
- Persons with control over operational processes through functional roles or ITS system security access.
What are the components of the pre-employment screening?

National, state, county & federal criminal history (past seven years), sexual offender history and social security number verification, which is our Standard Criminal Background Check. Checks of credit history and/or driving record will be required for positions having fiduciary or driving responsibilities. Pre-employment drug screening and/or credit checks may be required for certain positions.
What is the scope of the criminal records search?

A County Criminal Records Search reports felony, misdemeanor, and pending charges in specific counties. The standard background check scope is 7 years due to FCRA regulations; however, convictions older than seven years provided by the county will be indicated on the background screening report.

A Statewide Criminal Records Search includes information from all of the counties within a particular state. Investigating criminal records outside the county of residence is very important as these records may go undetected when a Statewide Criminal Records search is omitted.

A Nationwide Database Search scans a collection of criminal records purchased from courts, corrections departments, and state agencies. This search is essential supplemental searches as it captures criminal records for applicants in states or counties in which they may have never lived, but have criminal records.

The Nationwide Criminal Database Search is comprised of more than 150 million records, including 43 state databases and the District of Columbia. Each state provides information from at least one of the following: county courts, state corrections, or the state sexual offender list. The database also includes a Foreign Nationals search, providing information on individuals and entities that have been sanctioned by the U.S. Government.

The Nationwide Criminal Database Search also includes the Nationwide Sexual Offender Index Search from all 50 states. Federal charges typically encompass severe crimes such as drug violations, the illegal sale of firearms, embezzlement, pornographic exploitation of children, and crimes that take place on federal property. Federal crimes do not appear in statewide or county criminal searches but are available nationally or by state and include pending cases as well as convictions.

Candidate information is submitted to the FDLE, which shall perform a criminal history record check of its records and request that the Federal Bureau of Investigation perform a national criminal history record check of its records.