Office of Origin: Human Resources            
Responsibility: Executive Director, Human Resources
Date Originally Adopted: 11-22-05
Dates Reviewed: 8-19-08, 12-11-17, 4-6-18, 10/20/21(C), 4-16-24(C)
Last Date Board Approved: 9-7-24

Candidates selected for regular full- and part-time positions at Lake Michigan College (the College) will be required to provide authorization for a background check. The College provides applicants with written notice of the intent to conduct background checks if selected for employment.

The background check may contain criminal history, social security verification, motor vehicle records, and verification of education or employment history. A third party may be used to conduct background checks in accordance with the Fair Credit Reporting Act.

All information obtained will be used only in the employment process and will be strictly confidential. Only Human Resources (“HR”) personnel will have access to this information.

Employment Reference Checks

HR is responsible for checking candidate references, which may involve contacting individuals to verify candidate skills, experience, education, and/or work history.

If a negative reference is found, HR, in consultation with the supervising Cabinet member and hiring manager, will determine if there is a business related need to deny employment.

Educational Background Checks

HR is responsible for obtaining the candidate’s official transcripts before their start date. Employees are not able to begin employment until the official transcripts are received by HR.

Criminal Background Checks

Criminal background checks may include search of the Office of Foreign Asset Control, county criminal felony records, national criminal records database search, sex offender registry, and state police database search.

Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant for employment. Instead, determinations of suitability related to a criminal record will be made consistently and based on applicable laws.

If a criminal record is found, HR will compare the record with identifying information provided by the candidate to ensure the record relates to the candidate. If HR believes the record belongs to the candidate, the candidate’s suitability for the position will be assessed. Unless otherwise provided by law, factors considered may include, but not be limited to, the following:

1. Relevance of the crime to the position sought;
2. The nature of the work to be performed;
3. Time since the conviction;
4. Age of the candidate at the time of the offense;
5. Seriousness and specific circumstances of the offense;
6. The number of convictions;
7. Relevant evidence of rehabilitation or lack thereof;
8. Other relevant information as submitted by the candidate

HR will notify the candidate of the decision and the basis for the decision in a timely manner. The candidate will be provided with a copy of the criminal record and this policy and will be advised of the parts of the record that make the individual unsuitable for the position. HR will provide the candidate with an opportunity to dispute the accuracy and relevance of the criminal record. The College may decline to hire any candidate whose criminal history is deemed incompatible with the position they are seeking.

Throughout employment with the College, employees are required to self-disclose certain arrests, convictions and or events as described in the Employee Handbook.

Credit History Checks

A credit history check may include a credit report and financial report for positions that have access to financial or other assets.

If a financial background check uncovers information that may disqualify an applicant from employment consideration, the HRBP will notify the candidate of the information and provide 5 business days for the candidate to refute, explain or correct the information. The candidate will be provided:

• a copy of the report ·
• the A Summary of Your Rights Under the Fair Credit Reporting Act provided by the credit reporting agency from whom the report was obtained
• the consumer reporting agency’s name, address, and phone number
• notice that the consumer reporting agency did not make the decision to take the unfavorable action and can't give specific reasons for it; and
• the person's right to dispute the accuracy or completeness of the information and to get an additional free report from the agency if the person asks for it within 60 days.

References:

Equal Employment Opportunity Commission (EEOC)
Fair Credit Reporting Act (FCRA)
Title VII of the Civil Rights Act of 1964