Criminal Background Check Procedures for Classified and Unclassified Employment
1. Procedures for conducting criminal background checks for potential and current employees of Minnesota State University, Mankato.
These procedures shall determine the process for conducting criminal background checks for employment in positions covered under Minnesota Statutes 299C.66 to 299C.71 – Kari Koskinen Manager Background Check Act, and Minnesota Statute 148A – Psychotherapist Checks.
Pursuant to Chapter 364 of the Minnesota Statutes, no person may be disqualified from employment with the University solely, or in part, because of a prior conviction of a crime or crimes unless the crime or crimes for which the individual was convicted directly relate to the position of employment sought.
2. Application process
Individuals shall be made aware of the background check procedures during the application process if the position sought requires such a check (notification must be in the Notice of Vacancy). Background checks will be completed prior to making a verbal or written offer of employment to the finalist candidate for the position, except in cases of extenuating circumstance. If a hiring manager wishes to request permission to make a conditional offer of employment based upon background check results, approval must be obtained from the Director of Human Resources prior to proceeding with any conditional offer of employment. Under no circumstances may an applicant or employee start working in a position requiring a background check until the results of the background check have been completed and reviewed by Human Resources. Applicants who fail background checks or have criminal backgrounds that preclude employment in certain positions shall have offers of employment promptly withdrawn.
Current employees who are seeking to transfer or bid on a covered position and fail the background check will not be allowed to exercise bidding rights, or to accept reassignment to a covered position.
3. Securing consent to the background check from the applicant and/or employee
The hiring manager, together with Human Resources, is responsible for ensuring that the MnSCU Kari Koskinen Background Check Data Privacy Notice is completed and kept on file in Human Resources. No background check may be requested or submitted until this form is completed. If the applicant/employee refuses to sign the MnSCU Kari Koskinen Background Check Data Privacy Notice no further consideration for employment will be given to this individual.
4. Rights of the applicant/employee
An applicant and/or employee have rights under the criminal background check laws including:
- To be informed that we, as a hiring authority, are requesting a background check;
- To be informed of the response to the background check and to obtain a copy of the report obtained if requested by the applicant;
- To obtain any record that forms the basis of the report;
- The right to challenge the accuracy and completeness of information contained in the report; and
- The right to be informed if an application for employment has been denied as a result of the background check.
5. Who conducts criminal background checks?
Human Resources at Minnesota State University, Mankato will not directly perform criminal background checks. Human Resources will coordinate the requesting of all background checks for Classified and Unclassified positions. Upon receipt of the MnSCU Kari Koskinen Background Check Data Privacy Notice, Human Resources will submit the MnSCU Kari Koskinen Background Check Data Privacy Notice to the Security Department at Minnesota State University, Mankato. The Security Department will then send the consent form, and fingerprint cards if required, to the Minnesota Bureau of Criminal Apprehension for processing. Please note, if the subject of the background check has resided outside of the State of Minnesota in the last ten (10) years, fingerprint cards and a Federal background check will be required. Please allow approximately 2 – 4 weeks for Federal background checks and 1 – 2 weeks for State background checks.
6. Review and determination of criminal background check results
Human Resources will have access to the information supplied by the Bureau of Criminal Apprehension and Federal Bureau of Investigation when applicable and will inform the hiring manager whether an applicant/employee is or is not precluded from employment in the position sought.
Because of privacy restrictions, Human Resources will review and evaluate all information obtained in the background investigation. In assessing a record of criminal conviction(s), the decision will be made by assessing:
- The nature and severity of the crime or crimes;
- The time which has elapsed since the last offense;
- The nature and scope of the position;
- Relevant statutes related to the position in question.
7. Types of criminal background checks required
All covered positions require at a minimum a state background check. As mentioned previously, if an applicant/employee has not resided in Minnesota for the last ten (10) consecutive years, a Federal check must be conducted.
8. Cost of criminal background checks
When requesting a background check through Human Resources, the hiring manager will provide the cost center to which the cost for the background check is to be charged. All background check costs will be charged back to the requesting/hiring department.
Current costs of background checks are:
- State background check: $15
- State and Federal background check: $39.25
Costs are subject to change.
9. Record retention
Human Resources will serve as the custodian of the records for background investigation results on applicants for Classified and Unclassified employment as well as current Classified and Unclassified employees. Results on applicants who become employees, as well as on current employees, will be kept in a confidential file in Human Resources, and are not subject to public disclosure. These records will be maintained in accordance with campus retention schedules.