In some disciplines, students now being checked, too

 

Are Background Checks Ahead for New Faculty?

 

The question of background checks for college and university employees is heating up on most campuses these days, including those in the D.C. area.  While many schools had been having quiet discussions about this issue at some level, the issue gained prominence following the summer 2003 headlines that Penn State University had a faculty member who, unbeknownst to them, had been convicted of murdering three people in the mid-1960’s.  Suddenly, questions have been raised on many campuses about the hiring processes for new faculty, questions that in the past have only ever been asked in the context of staff hiring, if at all.

 

The District of Columbia Code at present requires criminal background checks only in a few narrow circumstances that have applicability on a university campus.  Such checks are required for those involved in contact with children, such as teachers, caregivers in the foster care system, recreation department volunteers and the like.  At CUA, the D.C. law requires employee criminal background checks only for Special Police Officers in the university’s Department of Public Safety. 

 

New nursing students now included

 

And the law is picking up speed in applying to college students.  Students in the education program who are doing practice teaching have been required to complete background checks for a number of years.  For the first time this fall, a number of placements involving nursing students have begun to require criminal background checks and that trend is likely to accelerate in the future.  Many non-profit entities are beginning to use some form of criminal background checks on volunteers or students doing a practicum or internship as well on employees. 

 

Further, this year a temporary law in the District (expected to be made permanent in November) now requires all D.C. government agencies and agencies funded by them to do criminal background checks on all college student volunteers who may be working with children in those agencies.  This new law has stalled in its implementation this fall as there are more than 10,000 college student volunteers in the District, many from CUA.  The District is struggling to figure out how to complete fingerprinting and criminal record checks on so many individuals. 

 

Some schools checking new faculty employees

 

            According to information obtained informally through CUA employees who participate in email “listservs” with colleagues in CUPA (the College and University Personnel Association) and NACUA (the National Association of College and University Employees), a number of schools have started to implement criminal background checks where they were previously not required.  In every situation, they are being implemented only for new employees as they are hired, and not being applied to the existing workforce.

 

            The approaches taken thus far seem to require new employee criminal background checks in one of three categories:

 

n      All new employees, including faculty.  Schools taking this approach have included the University of Mississippi, U. of Montana, Frostburg State in Maryland, Fairleigh Dickinson and several others.

n      All new employees except faculty.  This approach is in use at Emory University, Johns Hopkins University, Notre Dame and others.

n      “Critical positions” only.   These would be positions with master key access, safety and security, and financial access.  At some schools these are “safety sensitive” positions only.  These schools include University of Texas, University of California and University of Maine.

 

There is not yet a clear pattern of how such checks will be conducted.  Some schools check all persons to whom an offer will be made; some check all finalists for a position; some check only after someone has been hired, subject to obtaining final clearance.  There is also not yet a clear pattern on which records will be checked, and how far back.

 

            The Catholic University of America continues to collect information on these questions but has not yet undertaken formal consideration of any change to its existing policy.  Many steps would have to be included in any process implemented to expand the background check process, including how to assess negative information received in the course of a check and a process allowing the person checked to challenge information obtained.  Any consideration of including new faculty positions in criminal background checks would be processed through the Academic Senate. 

 

In the meantime, faculty with students engaging in practicum or internship settings in disciplines where background checks might be likely (e.g., social work, psychology, law, etc.) are encouraged to make the Office of General Counsel aware of any requests by outside agencies for such checks.