Procedure:     Criminal Background Checks
Department:      Human Resources
Contact:            Dennis Carr, 463-5583               carrd@lanecc.edu

Oregon statutes mandate criminal background checks for certain faculty, classified and management positions.  In addition, the college may designate other positions for which criminal background checks are required, as outlined in this procedure.

Background Checks Mandated by Outside Agencies

Criminal background checks mandated by state statute will be conducted in compliance with the guidelines set forth in those statutes and relevant administrative rules.  The department administrator is responsible for initiating the background check according to the appropriate guidelines.   State law requires criminal background checks for the following positions:
 

· Administrative Support Specialist, Child Development Center
· ASLCC Child Care Co-Op Director
· Child Development Center Director
· Cook, ASLCC Child Care Co-Op
· Cook, Child Development Center
· Developmental Disability Services Specialist 1, Specialized Employment Services
· Developmental Disability Services Specialist 2, Specialized Employment Services
· Director, Specialized Employment Services
· Early Childhood Teacher, Child Development Center
· Instructional Specialist, Child Development Center
· Instructor, Lane County Corrections, ABSE
· Instructor/Coordinator, Early Childhood Education; Child Development Center
· Instructors, Early Childhood Education
· Pre-school Teachers, ASLCC Child Care Co-Op

State statute shall be considered the primary source for additions/deletions to this list.

College-Mandated Background Checks:  Criteria

In addition to background checks mandated by state statute, the college may identify the need to conduct criminal background checks for additional positions or classifications. The following criteria will be used to evaluate the need for a criminal background check for a specific position or classification:
 

1. A person in the position would have direct, unsupervised contact with students under the age of 18 and/or,

2. A person in the position would have direct, unsupervised contact with developmentally disabled adults.

Positions designated according to each of these criteria are listed below. The position list will be updated as positions are added or deleted.  Designation of a position for background checking requires the approval of the appropriate vice president and the director of Human Resources.

College-Mandated Background Checks:  Designated Positions

Individuals who have been convicted of any of the crimes listed in section (9) of Oregon Administrative Rules 581-022-1730 (attached electronically hereto and by this reference incorporated herein) or who have been convicted of an attempt to commit any of these crimes shall not be considered eligible for employment in the following positions:
 

· Learning Center Coordinator, Community Learning Centers

Individuals who have been convicted of any of the crimes listed in sections (3) or (4) of OAR 309-018-0150 (attached electronically hereto and by this reference incorporated herein) shall not be considered eligible for employment in the following positions:
 

· Laundry Worker, Laundry

· Instructor, Adults with Special Needs, ABSE

College-Mandated Background Checks:  Process

If a criminal background check is required, it will be conducted by an authorized agency under the direction of Human Resources after the employment offer is made.  The department will pay the cost of the background check.  Generally, the employee may not begin work before the results of the background check are known.  In certain emergency situations, the vice president may approve a new employee to begin work before the results of the background check are known.  In such situations, direct supervision of the new employee will be required during the waiting period and continued employment will be contingent upon the results of the background check.  Employment will terminate immediately for employees considered ineligible according to the applicable Oregon Administrative Rule standards cited above.   Individuals who refuse to consent to the criminal background check shall not be considered eligible for employment in the designated position.

For assistance with this procedure, contact the director of Human Resources.