The University of Texas Health Science Center at Houston (“university”) conducts criminal background checks on external applicants who are finalists for security sensitive positions who are processed through Human Resources. This policy also applies to all student candidates following an offer of admission or acceptance into a program and prior to matriculation or enrollment in any program of study. Enrolled students may be required to consent to additional criminal background checks for clinical placement or other purposes at the discretion of the Dean of each school.
For the purposes of this policy, the university has determined all positions (whether employee or student) within the university are security sensitive.
Information obtained as a result of a criminal background record check will be used only for the purposes of employment, admission, and current enrollment or participation, and will not be used to discriminate based upon race, color, national origin, sex, sexual orientation, disability, veteran status, religion or age.
Criminal background check information may not be released or disclosed to any unauthorized person except as provided by federal or state law or court order. Criminal background information will be regarded as confidential as required by state and federal law.
This policy applies to all external applicants who are finalists for security sensitive positions who are processed through Human Resources. This policy also applies to student applicants who have been given a conditional offer of admission, and current students.
For questions regarding this policy as it relates to employment, contact Human Resources - Employment Services.
For questions regarding this policy as it relates to students, contact the applicable School’s Office of Student Affairs.
For classified and management administrative and professional positions, Human Resources (“HR”) will provide a written confirmation of the extended job offer advising the candidate the offer is contingent upon the satisfactory completion of a criminal background check. Authorization for the criminal background check is part of a completed application.
For faculty, fellows, and academic administrative and professional positions, the Dean or his/her designee will extend a written job offer advising the candidate the offer is contingent upon the satisfactory completion of a criminal background check. Faculty and academic administrative and professional candidates identified for hire must complete and submit the Criminal Background Check Authorization Form to HR to initiate the criminal background check. Initiation of a criminal background check may not occur until HR receives a completed Criminal Background Check Form.
All candidates (including classified, management administrative and professional, faculty, fellows and academic administrative and professional) identified for hire must be successfully cleared prior to the start of employment.
A contractual agreement, grant or external agency (e.g. school district) may require annual criminal background checks on current employees. In those instances where an employee is identified as ineligible to remain in his/her position, disciplinary action, if appropriate, may be taken by the employee’s current department in consultation with HR.
Failure to submit to a criminal background check is grounds for non-hire of an individual identified for hire.
In the event an applicant selected for hire is discovered to have a criminal background, The University of Texas Police Department (“UTPD”) (or other designated authority) will determine on a case-by-case basis whether the individual appears to pose a risk to the university based on the following non-exhaustive list of factors: specific duties of the position applied for, number of offenses, nature of each offense, length of time intervening between the offense and the application, employment history, efforts at rehabilitation, accuracy of the information provided by the individual on application materials, and whether criminal charges are pending adjudication. UTPD may consult HR to assess the job duties of a position to determine if the reported criminal background is germane to the essential functions of the position or other duties that may be assigned.
An applicant considered not eligible for employment in the desired position as a result of the criminal background check will be advised of such by HR. HR will refer the applicant to UTPD if the applicant wishes to challenge the results of the criminal background check.
Falsifying application materials, including failure to disclose criminal convictions, deferrals of adjudication or other pre-trial diversions, is grounds for non-hire of an individual identified for hire. If it is subsequently discovered that a current employee falsified information on employment application materials or failed to disclose conviction information, that employee may be subject to appropriate disciplinary action, up to and including termination.
If the applicant desires to challenge the results of the criminal background check, it is the responsibility of the applicant to resolve the discrepancy, and to provide evidence of the resolution of the discrepancy to UTPD.
Criminal background information will not be made a part of the applicant's file or the employee's personnel file or communicated to any unauthorized person and will be retained only for such time as needed for the application process.
All job descriptions and advertisements for security sensitive positions will be identified as such in accordance with Texas Education Code §51.215: "This position is a security-sensitive position pursuant to Texas Education Code §51.215."
For those positions filled by a contract worker provided by a temporary employment agency, the employment agency is responsible for conducting the appropriate criminal background check and for providing that information to the university upon request.
Employees are required to disclose to their supervisor any arrests for and/or criminal charges of any misdemeanor or felony offenses (other than minor traffic violations), and any misdemeanor or felony convictions and/or deferrals of adjudication (other than minor traffic violations) within five days of occurrence. Nondisclosure or falsification of this information may be grounds for disciplinary action, up to and including termination.
Employees must disclose drug-related convictions in accordance with HOOP Policy 18.06 Substance Abuse.
Each individual seeking admission shall disclose on his/her student application for admission all pending criminal charges, all misdemeanor or felony convictions and any deferrals of adjudication (other than for minor traffic violations) whether or not placed on probation, community supervision, or other pre-trial diversion or other supervised release. The criminal background check will be conducted by an agency designated by each school. Results from any agency or company other than the designated contracted agency will not be accepted. The cost of the criminal background check shall be borne by the applicant. Failure to consent to a criminal background check is grounds for withdrawal of an offer of admission or for exclusion or dismissal from a program.
In considering an applicant’s or an enrolled student’s criminal background, the Dean or Dean’s designee will consider the relevancy of any pending charge(s), conviction(s), and/or deferral(s) of adjudication to the academic and technical requirements of the applicable program. If adverse action is taken against the applicant or student as a result of the criminal background check, the applicant or student will be informed that the vendor was not involved in the determination.
Falsifying application materials, including failure to disclose criminal charges, criminal convictions and/or deferral(s) of adjudication (or any other pre-trial diversion) of any sort may be grounds for withdrawal of an offer of admission or for exclusion or dismissal from a program.
An individual offered conditional admission or an enrolled student will be provided a copy of the criminal background check and the vendor’s contact information. If the individual desires to challenge the results of the criminal background check, it is the responsibility of the individual to resolve the discrepancy with the vendor and to provide evidence of the resolution of the discrepancy to the appropriate Dean or designee.
The completed criminal background check will be valid for the duration of the student’s enrollment in a program unless the individual has had a break in his/her enrollment or the Dean or designee has determined an additional criminal background check is required for clinical placement or other purposes. A student who has had a break in enrollment may be required to have another criminal background check. A break in enrollment is defined as withdrawal from and readmission to a program.
Enrolled students are required to disclose to their respective Dean or designee any arrests for and/or criminal charges of any misdemeanor or felony offenses (other than minor traffic violations), and any misdemeanor or felony convictions and/or deferrals of adjudication or other pre-trial diversion (other than minor traffic violations) within five days of occurrence. Nondisclosure or falsification of this information may be grounds for disciplinary action, up to and including dismissal from a program.
Created 04/2009