Criminal Background Check Policy

Purpose

UW-Green Bay is committed to providing a high quality, safe and secure environment for its workforce, partners, students and clients. To ensure that UW-Green Bay’s mission is supported by qualified employees and volunteers who foster a safe and secure environment for all members of the university community, UW and UW-Green Bay policy allows the University to take meaningful and reasonable actions to protect its funds, property and other assets through criminal background checks.

Policy Statement

Regent Policy Document 20-19, University of Wisconsin System Criminal Background Check Policy and Practice Directive GEN A, Criminal Background Checks provide overall authority for decisions around Criminal Background Checks as it relates to prospective hires, employees, volunteers, vendors and contractors and certain users and lessees of University lands and facilities. UW-Green Bay follows these UW policies fully, with the below interpretations for institution-specific decision-making.

Coverage of Prospective Hires, Employees and Volunteers

Criminal background checks must be conducted on prospective hires, including temporary employees and student assistants, who are not University of Wisconsin-Green Bay employees, and on employees currently not in a position of trust who are seeking to move to a position of trust within the University through promotion or otherwise. Criminal background checks must be conducted on current employees or volunteers holding a position of trust with access to vulnerable populations, as defined in RPD 20-19, who have not previously been subject to a criminal background check by the University. In addition, criminal background checks must be performed every four years on employees and volunteers in positions of trust with access to vulnerable populations.

Notwithstanding the preceding paragraph, unless otherwise required by law to perform background checks for specified positions or unless the position involved has been designated as a “position of trust,” the supervisor (in conjunction with the identified parties below), will determine whether a criminal background check must be conducted for the following employee groups:

• Hourly student employees or interns (consult with Human Resources as needed)
• Volunteers (consult with Compliance Specialist as needed)

In making this determination, the level of direct supervision and guidance provided to employees or volunteers in these categories and the nature of the duties of the job will be considered (please see addendum).

Conducting Criminal Background Checks

Candidates for employment must authorize a criminal background check through the applicable CBC vendor. An applicant’s failure to consent to a criminal background check or falsification of any related information including failure to report any criminal arrests, charges or convictions (excluding misdemeanor traffic offenses punishable only by fine) is grounds for the rejection of the applicant, employee, volunteer or prospective volunteers who are subject to criminal background checks. The following roles have been identified as decision-makers at UW-Green Bay:

• Prospective Hires and Employees: The Assistant Chancellor for Talent & Technology in collaboration with the appropriate Cabinet member as appointing authority for the respective division makes the final determination on conducting background checks and employment decisions based on criminal history.
• Volunteers, Vendors & Contractors and Certain Users & Lessees of University Lands and Facilities: The Assistant Chancellor for Compliance, Facilities & Safety in collaboration with the appropriate Cabinet member as appointing authority for the respective division makes the final determination on conducting background checks and decisions regarding participation of these groups based on criminal history.

Self-Disclosure of Arrests, Charges or Convictions

Employees who hold positions of trust with access to vulnerable populations, as defined in RPD 20-19, must report any criminal arrests, charges or convictions (excluding misdemeanor traffic offenses punishable only by fine) to Human Resources within twenty-four (24) hours or at the earliest possible opportunity. Failure to make the required report may constitute a violation and may result in disciplinary action, up to and including dismissal. Volunteers who hold a position of trust with access to vulnerable populations must report as outlined above to the Compliance Specialist within twenty-four (24) hours or at the earliest possible opportunity. 

Job Duties & Positions that Require a Background Check

• Positions in a teaching and/or training capacity
• Youth program staff or volunteers, counselors or those who travel with students or teams
• Positions which handle cash with access to safes, cash deposits or authorization for refunds 
• Positions which handle, receipt for or have custody of cash, checks or securities, or account for supplies or other property; authorize (or make appropriations for) expenditures; approve, certify, sign or countersign checks, drafts, warrants, vouchers, orders or other documents providing for the paying over or delivery of money, securities, supplies or other property, or serve process
• Positions that maintain or audit accounts of money, checks, securities, time records, supplies or other property or take physical inventories of money, checks, securities, supplies or other property
• Positions that set up checking or credit card accounts, make payments to vendors, sign procurement contracts or global access to electronic files
• Positions with significant inventory control responsibilities, including the receipt and release of inventory
• Positions that have unsupervised access to University, employee or student property, including positions located in the University’s residence halls with access to the rooms of students
• Positions that set up, have access to or maintain central personnel records/information, create personnel appointments, process payroll payments or global access to electronic files
• Positions that set up, have access to or maintain academic records/information of any kind
• Positions that set up, have access to or maintain medical or health care records/information of any kind
• Master or submaster key holders who may have access to equipment, vehicles, central warehouses and equipment storage
• All positions with public safety related duties
• Positions that set up or maintain the University’s server, university-wide databases or campus-level application-specific software editing and modifying
• Other functions for which, upon consultation between Human Resources, Compliance and the Hiring Authority, a criminal conviction records investigation is determined to be required