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Red Rocks Community College Procedure


Category: Personnel
Title: Pre- and Post- Hiring Employment Background Checks
Number: RRPR 3-12 Approved:  February 5, 2007
Effective: February 5, 2007 Revised: January 26, 2007

Reference: 

RRPR 3-10 - Employment Practices for Part-Time Instructors
RRPR 3-25 - Hiring Procedures for Contractual Employees
RRPR 3-29 - Faculty Qualifications
BP 3-10 - Administration of Personnel
SP-3-10a - Employment Background Check
Titles VI and VII of the Civil Rights Act of 1964
Act of 1996 Fair Credit Reporting
Act C.R.S. 24-72-201 Colorado Open Records
Title 5, U.S. Code Section 552a; Privacy Act of 1974

Purpose: To ascertain within legal and professional limits the qualifications and suitability of employment finalists to be employed in the employment category for which they have applied.
Scope: The procedure applies to all employment finalists as defined below and current employees, when the situation warrants.

Attachment:

Considering Denial Notification (Attachment A)

Denial of Employment Notification (Attachment B)

Employment Applicant Criminal Record Disclosure (Attachment C)

Release Authorization (Attachment D)

General Release and Authorization (Attachment E)

Definitions: For the purpose of this procedure, an employment finalist is defined as the top candidate for faculty, part-time instructor (as defined in Board Policy BP 3-10, classified, administrator, technical-professional, professional tutor, and professional part-­time temporary employment who is being considered for an employment offer.  Student workers are also included when they are being considered for a position that has access to personal information in Banner, a position that deals with cash or a position in a financial area, and those who work with children.

Synopsis
It is Red Rocks Community College procedure to conduct pre-employment background checks on all employment finalists to determine or verify background information, including criminal history, references from previous employment, qualifications, and, when applicable, driving history. This is to ensure that individuals who join Red Rocks Community College are well qualified, have a strong potential to be productive and successful, and have honestly presented their background and qualifications as outlined on the Application for Employment and Employment Applicant Criminal Record Disclosure forms.

Procedure For Current Employees
Red Rocks Community College also reserves the right to, on occasion, conduct a background check on a current employee when the employee's behavior or conduct has resulted in, or will result in, negative impact to job performance or to Red Rocks Community College's business interests.  Background checks on current employees may also be conducted when an employee has applied for a new position within the College and has not previously undergone a background check.

Process Steps
After an employment finalist has been identified, but before an offer of employment is extended, the Office of Personnel requests a background check from a consumer reporting agency. The results of the check include:

  • Criminal history in the states where the individual resides or resided in the past seven years.
  • Driving history checks for employment that includes driving a Red Rocks vehicle.

To assure confidentiality of all applicant information, the Office of Personnel centrally coordinates the criminal history check process.  Results of the criminal history background check are sent directly to the director of Personnel or his or her designee.

Upon receipt of results, the director of Personnel, or his or her designee, reviews all criminal history records and renders a determination on the finalist's eligibility for employment with the College in accordance with applicable federal and state statutes on the use of criminal records in the selection process.  Results that indicate any convictions or deferred adjudications after the age of 17 will be considered based on the nature of the offense as it relates to the employment involved and its implications for the general safety and security of the campus community.  False statements, including omissions, will automatically disqualify an applicant for any future employment.

Once a determination is rendered, the director of Personnel will notify the hiring supervisor of this determination. The decision to extend an offer will be contingent upon the results of the background check. The hiring supervisor will make the final hiring decision.

Notification
In the event that a determination regarding a finalist's criminal history may result in an adverse hiring decision, the Office of Personnel will be responsible for notifying the candidate, in writing, of the disposition of his or her criminal history check. This notification will be made in accordance with applicable federal and state guidelines on notification (Attachment A).  Employment finalists may contact the Office of Personnel within 10 days of the date of written notification to challenge the results of a criminal history check by requesting a fingerprint-based verification check. The cost of a fingerprint-based verification check will be the responsibility of the candidate. This waiting period may delay a final hiring decision for up to 10 days.  In the event a candidate does not challenge the results of the criminal history check, or if a challenge is unsuccessful, the Office of Personnel will be responsible for notifying the candidate, in writing, of the final disposition of the hiring decision (Attachment B).

Authorizations
In accordance with this procedure, all employment finalists are required to sign an Employment Applicant Criminal Record Disclosure (Attachment C), a Release Authorization for conducting a background check (Attachment D), and a General Release and Authorization (Attachment E). A refusal to sign these forms eliminates the applicant from further consideration for employment. The Office of Personnel will be responsible for providing employment finalists with the required disclosure statement as well as acquiring from the finalist the aforementioned release authorizations.

Departmental Responsibility
Hiring units are responsible for costs associated with conducting background checks as well as being responsible for verification of credentials (e.g. degrees and certifications) and for checking references.

Disqualification
An applicant who provides misleading, erroneous, or deceptive information on the application form, resume, credential documents, disclosure form, or in an interview will be immediately eliminated from further consideration for employment or be subject to employment termination.

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