Information Collection, Evaluations, and Disposition
A signed authorization from the finalist is required before criminal record information or background information may be requested. This information will be collected in coordination with Human Resources. If a finalist refuses to provide such authorization, the individual will be ineligible for consideration for such position.
The hiring department will coordinate with the third-party vendor regarding all background verifications. The vendor will send the reports to Human Resources upon the completion of the verification process.
Should the background check produce information that may prompt an adverse employment action for the candidate, the Human Resources Partner will work with the hiring department to evaluate the current information against the requirements of the position for which the candidate is applying. Information concerning Adverse Action may be reviewed by clicking here.
When considering whether to employ an individual with a criminal history, during the background investigation review, many factors will be assessed, including:
- the relevance of a criminal conviction to the posted job duties
- the date of the most recent offense
- the nature of the offense(s) including its severity
- the relative threat to the security of UNH or its employees and students
- the accuracy of the information the individual provided on the employment application and/or in the recruitment process
- other relevant considerations.
The finalist has a minimum of five days to refute, explain, or correct the information. If there is no change in status within five days, the finalist will be withdrawn from the candidate list. If the finalist is a current employee, his or her suitability for continued employment will be evaluated.
The University of New Hampshire may refuse to hire a finalist, may withdraw a conditional offer of employment to a finalist, or may terminate any employee where the finalist has made a false representation of material fact or omits providing material factual information in the employment process.
The Fair Credit Reporting Act (FCRA) is a federal law that regulates the activities of credit reporting bureaus. The law governs that use of third party credit reporting agencies to investigate the background of applicants for employment and imposes notice requirements for employers as well as monetary penalties for failure to comply with its provisions.
Under the FCRA, employers are required to take certain actions whenever they obtain a consumer report on a job applicant or employee. All background screening reports are classified as consumer reports and requirements include notification, certification and action before and after an adverse event.
In the event that a consumer report uncovers information that may disqualify an applicant from employment consideration, the University shall notify the applicant of the information and provide a minimum of five days for the applicant to refute, explain or correct the information.
Note: the FCRA law only applies to background screenings performed by an outside company. It does not apply in situations where the employer conducts in-house Stand Pre-Employment Screenings.
The Office of Human Resources will maintain records or other information generated by background reviews in confidential files. For those hired, these materials will be maintained in a file separate from the official personnel file. For candidates not hired, the records will be maintained for a period of three years.