Background Check Policy
I. Purpose
The purpose of this policy is to describe the terms and conditions under which background checks of applicants for employment and volunteers are conducted, and to ensure compliance with Maryland applicable law, protect minors, sensitive information and intuitional resources.
II. Scope
This policy applies to all faculty, staff, student employees (including federal or institutional work-study), interns, volunteers, non-employees residing in Residential Halls, consultants, and independent contractors associated with ˮAV˵-sponsored programs and summer camps.
III. Policy Statement
All applicants for employment will complete a formal application and participate in an interview process. Deliberate falsification of information on an employment application or during the hiring process will result in denial or forfeiture of college employment.
ˮAV˵ will comply with applicable state and local “Ban the Box” laws.
Criminal Record means:
- An arrest that did not result in a conviction
- A plea or verdict of guilty
- A plea of nolo contendere
- A disposition of probation before judgment
- The marking of a charge “stet” on the docket
- Referral to or participation in a pretrial or posttrial diversion program
- A disposition of not criminally responsible
- Convictions that have been sealed, dismissed, expunged or statutorily eradicated pursuant to law
- Criminal accusations
Human Resources will be responsible for all inquiries relating to an applicant’s criminal record. Candidates may not be asked to reveal information about any convictions that have been expunged or sealed by a court. Hiring supervisors and search committee members should not inquire about any reported convictions or any other criminal record. The Office of Human Resources will investigate and take appropriate action regarding information regarding a criminal record, in consultation with legal counsel. A criminal record disclosed during the employment process does not automatically disqualify an applicant but will be considered as set forth in Section VI.B below.
IV. Types of Background Checks & Positions
The Office of Human Resources is responsible for background checks, which include:
A. Reference Check by Hiring Manager
Hiring managers should check references before a verbal offer of employment is extended.
- Required of all new hires at ˮAV˵ College, excluding environmental services staff, interns, volunteers and student employees.
B. Social Security trace (all current and reported addresses for the last seven (7) years including names and aliases)
- Required of all new hires at ˮAV˵ College
- National criminal felony and misdemeanor search (all counties within seven (7) years), with the discretion to extend to 10 years based on federal, state, local legislation.
- Required of all new hires at ˮAV˵ College
C. Sex Offender Registry
- Required of all new hires at ˮAV˵ College
D. Fingerprinting / CJIS
- Required of all new hires in:
- Finance, Payroll, and IT due to their access to confidential and high-risk financial systems
- Campus Safety
- Staff in Facilities Management Services who have access to Residence Halls
- Athletics – coaches, trainers, graduate assistants, and volunteer coaches
- Staff and Faculty who may be required to because of their position (e.g. someone who interacts with elementary or secondary schools; has access to Residence Halls)
- Health, Wellness and Counseling staff and interns
- Student employees or student volunteers who are required to because of their work with elementary or secondary schools through the Office of Community-Based Learning
- Non-employees who reside in the Residence Halls
- Senior leadership who may be required by virtue of their position
E. Child Abuse Registry / CPS
- Required of all new hires in:
- Campus safety
- Athletics – coaches, trainers, graduate assistants, and volunteer coaches
- Staff who may be required if their position involves working with minors
- Health, Wellness and Counseling staff and interns
- Student employees or student volunteers who are required to because of their work with elementary or secondary schools through the Office of Community-Based Learning
- Employees and non-employees who reside in the Residence Halls or live on campus
- Faculty who may be required because their position involves working with minors
F. Employment Verification
- Required of all new hires at ˮAV˵except for student employees
G. Education Verification
- Required of all new hires at ˮAV˵except for student employees
H. Professional License / Certification
- Required of all new hires in:
- Finance, Payroll, and IT if required by their position
- Campus Safety must have a Guard Card
- Facilities Management Staff if required by their position
- Athletic coaches, trainers and other athletic positions if required by their position
- Any other Staff if professional license/certification required by their position
- Health, Wellness, and Counseling staff and interns
I. Driver Record / MVR
- Required of all new hires in:
- Campus Safety, excluding Communication positions
- Facilities Management Staff if their position involves driving vehicles
- Athletics – coaches, trainers, graduate assistants, and volunteer coaches if required by their position
- Students who are required by their paid or volunteer work in Community-Based Learning or with the ˮAV˵ Prison Education Partnership
- Faculty and Staff if required by their position
- Any college employee or student who has been certified to use ˮAV˵ vehicles will have their driver record reviewed each time they are certified on an annual basis. See ˮAV˵’s Vehicle Policy.
J. Credit History Checks, in accordance with the provisions of the FCRA
- Required of all new hires in:
- Positions in which employees have access to sensitive financial or technical information
- Vice President for Finance & Administration / Chief Financial Officer, the Office of the Controller, Advancement staff, and certain Office of Information Technology staff
International checks may be performed for foreign nationals in the categories above. The College also reserves the right to require background checks of additional categories of applicants, at its discretion.
V. Mandatory self-reporting of criminal records of current employees
Every employee and volunteer must inform the Office of Human Resources of a Criminal Record within five (5) business days of the entry of the Criminal Record. Employees and volunteers must also report traffic violations if they have driving responsibilities. Self- reporting is required for all employees and volunteers, regardless of whether their position initially required a background check. The College may conduct a follow-up background check for any self-reported Criminal Record, and may consider job-relatedness, time elapsed, severity, and evidence of rehabilitation in determining appropriate action.
VI. Procedures
All offers of employment will be contingent on satisfactory results of the background check. The College will ensure that all background checks are conducted in compliance with applicable federal and state statutes, including but not limited to, the FCRA.
All employees who terminate their service at ˮAV˵will be required to resubmit and complete a satisfactory criminal and Child Abuse Registry (if relevant) background check if seeking rehire. Returning employees who have not been employed elsewhere or completed further relevant education may be exempt from repeated checks.
A. Information Collection
An application for employment and a signed authorization is required before criminal record information or background information may be requested from the outside credit reporting agency.
B. Results of Background Checks
- Results of background checks are sent directly to the Office of Human Resources.
- If the background check requires further review, Human Resources will consult with Legal counsel and Risk Management, the hiring supervisor and divisional VP or President to determine whether there is a relationship between a conviction and position.
- If the information comes from a credit reporting agency, HR will send a pre-adverse and adverse action notices required by FCRA. Where required by applicable law, the College will also provide the individual with an opportunity to respond and consider any additional information provided by the individual.
- For CBL student employees and volunteers, results will be from HR to the relevant
department for retention. Spouses/domestic partners or other residing on campus, are
not notified unless the record directly pertains to them.
In making the determination of whether there is a substantial relationship between an individual’s criminal history and a position. HR will consider:
- The specific duties and responsibilities necessarily related to the position
- The relationship between the criminal offense and the individual’s fitness or ability to perform the job
- The time since the conviction(s)
- The number of conviction(s)
- The frequency, gravity, and severity of the conviction(s)
- The individual’s age at the time of the conviction(s)
- The circumstances surrounding the conviction(s)
- The accuracy of application/interview information
- Evidence of rehabilitation
- Safety and security of campus, college assets, and community
- The same procedures apply to independent contractors, as appropriate.
VII. Confidentiality
Only Human Resources may initiate a criminal background check and receive results for applicants, employees, and volunteers (except for Community-Based Learning for students placed in public schools). Results are confidential and disclosed only as necessary for administration or required by law. Criminal background investigation records will be maintained as part of a confidential file, separate from employee personnel files,). Violation of is grounds for discipline, up to and including termination of employment.
Human Resources and hiring managers involved in hiring or placement must receive training on proper use, acquisition and confidentiality of background checks.
VIII. Responsible Office
The Office of Human Resources is responsible for implementing and updating this policy. The Office will also ensure training for interviewers and hiring managers and maintain procedures or appeals contesting background check accuracy.
IX. History
Updated: May 2021; February 2026