Background Check and Criminal Charge Disclosure

1. PURPOSE

Brigham Young University–Hawaii (“BYU–Hawaii” or "university") strives to provide a secure environment for its students, employees, and visitors. This policy provides guidelines for conducting checks of the background of prospective and current employees, contractors, and volunteers where appropriate or required by law.

2. POLICY

BYU–Hawaii prohibits unlawful discrimination based on an applicant’s or employee’s criminal history or credit history. BYU–Hawaii may inquire about and consider an individual's background, including a criminal conviction record and/or credit history, in making hiring; termination; or terms, conditions, or privileges of employment decisions; provided that the background information bears a rational relationship to the duties and responsibilities of the position.

Candidates for employment in nonstudent positions at the university who are or have been members of The Church of Jesus Christ of Latter-day Saints ("Church”) must also receive an ecclesiastical clearance from the Ecclesiastical Clearance Office of the Church of Jesus Christ (“ECO”) to be eligible to be considered for employment.

Offers of employment and contractor and volunteer positions at BYU–Hawaii may be conditioned upon the successful completion of a background check and/or ecclesiastical clearance from the ECO. The university conducts background checks on prospective employees, employees, and volunteers in accordance with the implementation guidelines set forth in this policy.

3. IMPLEMENTATION

3.1 Scope of Background Check

A background check conducted by the university may include searches of a person’s criminal history, listing on a sex-offender registry, credit history, social security number trace, and driving records. Additional searches may be conducted at the request of the President’s Council.

3.2 Adverse Employment Action Based on Background Checks

Applicants may be disqualified and offers of employment rescinded and employees may be disciplined, up to and including termination, for

1. failure to consent to a background check;
2. withholding information or providing misleading information related to a background check; or
3. previous or current associations, behavior, or activity considered to be a potential risk to the mission or reputation of the university or its sponsoring institution, The Church of Jesus Christ of Latter-day Saints.
   

3.3 Employment Positions in Close Proximity with Children

Certain employment positions at the university involve close proximity to children and require background checks. If an employee, or an individual seeking employment, in one of those positions has been convicted of an offense that carries with it the possibility of imprisonment, and if the university believes that the individual poses a risk to the health, safety, or well-being of children, the university may refuse to employ or may terminate the employment of the individual after (i) notifying the individual of the results and planned action, and (ii) giving the individual an opportunity to meet and rebut the finding.

3.4 Use of Background Checks in Other Employment Positions

In conducting background checks other than those mandated under Section 3.4, BYU–Hawaii prohibits conducting background checks or asking job applicants if they have been convicted of a crime until after a conditional offer of employment has been made.[1]

Only if the applicant or an employee has a conviction record falling within a period that shall not exceed the most recent seven years for felony convictions and the most recent five years for misdemeanor convictions, excluding periods of incarceration, or a negative credit history that has a rational relationship to a bona fide occupational qualification for the related job duties, and responsibilities (including managerial or supervisory duties) may BYU–Hawaii withdraw an offer of employment or take adverse employment action (including termination) on the basis of a background check.[2] In these cases, the applicant or employee must be given notice of the university's planned action and provided with an opportunity to meet and rebut the findings of the background check and/or provide mitigating information.

3.5 Authorization

A signed authorization form from an applicant, employee, or volunteer is required before background information may be collected. The results of a background check should be disclosed only to university personnel on a need-to-know basis.

Applicants, employees, and volunteers subjected to a background check must also be informed that their fingerprints may be retained by the Hawaii criminal justice data center and the Federal Bureau of Investigation for all purposes and uses authorized for fingerprint submissions.

When an applicant is hired, the background check and related information will become part of the employee’s permanent employment record. Generally, all information related to background checks of staff and administrative personnel will be overseen by the Director, Human Resources.

4. RELATED POLICIES AND PROCEDURES

Background Check Program
Personnel Conduct Policy
Protection of Minors Policy

[1] See Hawaii Revised Statutes (HRS) §378-2.5.
[2] Id.