Pre-Employment Background Investigations

Approved Date
09/12/2022
Policy Elaboration

The State University of New York at Old Westbury (hereinafter referred to as “the College”) is committed to maintaining a safe environment for its faculty, staff, students, volunteers, and the general public that use our facilities. Therefore, in order to ensure the hiring of employees of the highest integrity and to maintain a safe campus community, SUNY Old Westbury may, in its sole discretion, conduct pre-employment background investigations on individuals for whom employment is to be offered. This will include, but not be limited to, all new full-time and part-time state employees, volunteers, transfers from New York State governmental entities, and any individual who is considered for rehire after a consecutive two year break in service.

Inconsistency, omission, or falsification of information provided by the candidate versus that obtained by the pre-employment background investigation may disqualify the applicant from further consideration.

Procedures
  1. The College’s Office of Human Resources will be responsible for ensuring all applicants are aware of the College's policy for pre-employment background investigations. All job postings will state the following: Employment in this position will be contingent on the College’s verification of credentials and any other information required by federal or state law, and/or SUNY Old Westbury policies, including the completion of a criminal background investigation.
  2. All applicants will be notified of the criminal background investigation process. Search committees must inform candidates that if selected they must successfully clear a background investigation prior to a written employment offer.
  3. The Office of Human Resources is responsible for ensuring pre-employment background investigations are completed within the guidelines of this policy and federal and state regulations. The pre-employment background investigation may include but is not limited to: personal identification and educational credential(s) confirmation, criminal records check, sexual offender registry status, driving records, and employment background.
  4. A confidential request for a pre-employment background investigation is sent to the investigative reporting agency for the final candidate selected for a position.
  5. Pre-employment Background Investigations will be conducted on candidates after a verbal, contingent offer of employment has been made, prior to the extension of a written offer of employment. Written offers of employment will may be made after a positive outcome of the pre-employment background investigation considering the factors as described in the policy. No external employment candidate may commence employment for the College until the appropriate screenings have been completed, except under exceptional circumstances and with the prior approval of the Director of Human Resources.
  6. The investigative reporting agency will notify the College’s Office of Human Resources of the results of the pre-employment background investigation.
  7. Applicants who are discovered to have a past criminal conviction(s) will still be further evaluated for employment as required by law. If there is a direct relationship (nexus) between one or more of the criminal offenses and employment, or the granting of employment would involve an unreasonable risk to property or safety or welfare of specific individuals or the general public, the applicant may be denied employment. Factors that will be considered include:
    1. Specific duties and responsibilities related to employment.
    2. The bearing, if any, the criminal conviction(s) will have on the applicant’s ability to perform job duties.
    3. The time which has elapsed since the criminal offense.
    4. The age of the applicant at the time of the criminal offense.
    5. The seriousness of the offense.
    6. The legitimate interest in protecting property.
    7. The safety and welfare of individuals and the general public.
    8. All job-relevant adverse findings obtained pursuant to a background investigation will be reviewed by the Director of Human Resources and their designee(s) in Human Resources in consultation with the relevant College administrators.
  8. The College reserves the right to revoke an offer of employment of an individual who falsifies or misrepresents information contained in their application for employment (and/or materials submitted by the individual as part of the job application process).
  9. If a candidate is not hired as a result of an adverse finding, they will be so advised by email and telephone.
  10. The candidate may request a copy of the completed criminal background investigation from the investigative reporting agency.
  11. Background investigation data supplied shall be kept in a designated secured file as per the Fair Credit Reporting Act (FCRA) and New York State laws and regulations. All information received in the pre-employment background investigation process will remain confidential. Only those who have a legitimate business-related reason will have access to review the information.
  12. The College will be responsible for paying any fees associated with pre-employment background investigations to the investigative reporting agency.
  13. In lieu of this process, individuals appointed to University Police Officer positions will be governed by the policies and procedures of SUNY and the New York State Division of Criminal Justice Services regarding the appointment of police officers.
Policy Contacts