Reference Checks, Information Verification, And Background Checks

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CORNELL UNIVERSITYPOLICY LIBRARYReference Checks,Information Verification, andBackground ChecksPOLICY 6.6.2Volume: 6, Human ResourcesChapter: 6, EmploymentResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1, 2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY STATEMENTCornell University requires units to conduct a thorough reference check, andeducation and employment verification, on any applicant (internal and external) towhom an offer of benefits-eligible employment is to be made. In addition, abackground check is required, as outlined in the procedures in this policy; in suchcases, offers of employment must be contingent upon the satisfactory completion ofthe background check. Note: Weill Cornell Medicine (WCM) conducts reference checks, and education andemployment verification for all non-academic external candidates. For internal nonacademic candidates, only an internal, informal reference check is recommended.REASON FOR POLICYTo promote a safe and productive environment, Cornell conducts comprehensivereference checks, background checks, and verification of information presented byjob applicants.ENTITIES AFFECTED BY THIS POLICY Ithaca-based locations Cornell Tech campus Weill Cornell Medicine campuses, which will administer this policy underseparate proceduresWHO SHOULD READ THIS POLICY‒ All members of the university community, especially the following individuals, inthe performance of their jobs:‒ Members of the human resources community‒ Hiring supervisors, faculty, or staff‒ Volunteer coordinatorsMOST CURRENT VERSION OF THIS POLICY‒ king-and-informationverification1University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksCONTENTSPolicy Statement 1Reason for Policy 1Entities Affected by this Policy 1Who Should Read this Policy 1Most Current Version of this Policy 1Related Resources 3Contacts – Ithaca-Based Locations and Cornell Tech 4Contacts – Weill Cornell Medicine Campuses 4Definitions 5Responsibilities – Ithaca-Based Locations and Cornell Tech 7Procedures -- Ithaca-Based Locations and Cornell Tech 10Overview 10Confidentiality 10Reference Checks 10Information Verification 11Background Checks 11Initiating the Information Verification and/or Background Check Process (ThirdParty Vendor) 12Funding the Cost of Information Verification and Background Check Efforts 12Frequency of Background Checks 12Retaining Records 12Matrix: Reference Checks, Information Verification and Background Checks 12Offering Employment 14Offering Conditional Employment – Medical Examinations and Immunizations15Appendix: Designated Positions (including all academics, non-benefits eligibletemporary or casual hires and internal transfers, as well as student and volunteerappointments as indicated) 16Index 182University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksRELATED RESOURCESUniversity Policies and Information Applicable to All Units of the UniversityUniversity Policy 4.2, Transaction Authority and Payment ApprovalUniversity Policy 4.7, Retention of University RecordsUniversity Policy 6.4, Prohibited Bias, Discrimination, Harassment, and Sexual and Related MisconductCornell University Statement on DiversityPresident’s Statement on Affirmative ActionUniversity Policies and Information Applicable to Only Ithaca-Based Locations and Cornell TechUniversity Policy 6.5, University VolunteersUniversity Policy 6.6.1, Filling VacanciesUniversity Policy 6.10.9, Staff TransferUniversity Policy 6.12, Separations, Voluntary and Involuntary (Including Layoff)Guide to Checking ReferencesGuidelines to Support Filling Vacancies (PDF)Guidelines for Managing and Evaluating an Applicant with Criminal ConvictionsHuman Resources Policy 6.7.5, Temporary and Casual AppointmentsExternal DocumentationFederal Fair Employment Practices: Age Discrimination in Employment ActAmericans with Disabilities ActCivil Rights Act of 1991 Nuclear Regulatory Commission 10 CFR NYC Fair Chance Act Omnibus Transportation Employee Testing Actof 1995Drug-Free Workplace ActEmployee Polygraph Protection ActEqual Pay ActExecutive Orders 11246, 11375, 11478(Affirmative Action) Fair Credit Reporting Act Fair Labor Standards Act of 1938 Immigration Reform and Control Act Public Health Security and BioterrorismPreparedness and Response Act of 2002 Pregnancy Discrimination Act Title VII of the Civil Rights Act of 1964 Uniform Guidelines on Employee SelectionProcedures Vietnam-era Veterans Readjustment Act Vocational Rehabilitation ActIthaca City, Tompkins County, and New York State laws and regulationsNYC Commission on Human Rights Legal Enforcement Guidance on the Stop Credit Discrimination inEmployment Act, N.Y.C. Admin. Code §§ 8-102(29), 8-107(9)(d), (24); Local Law No. 37University Forms and Systems, Ithaca-Based Locations and Cornell TechHR Professional ToolsFrequently Asked QuestionsSearch Firm Template3University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksCONTACTS – ITHACA-BASED LOCATIONS ANDCORNELL TECHDirect any general questions about this policy to your college or unit administrativeoffice. If you have questions about specific issues, contact the following offices.Contacts, Ithaca-Based Locations and Cornell TechSubjectContactPolicy Clarification andInterpretationTelephoneUnit Human ResourceRepresentativeEmail/Web vision of Human Resources,Workforce Recruitment andRetention(607) 254-8370mycareer@cornell.eduCredit Checks, ApprovalforAssociate Vice President forHuman Resources(607) 254-8359hr.cornell.eduBackground Checks withDepartment of MotorVehicle Concerns onlyRisk Management(607) 254-1575risk mgmt@cornell.eduIndividuals with Access,or Means to Access SelectAgentsEnvironmental Health and Safety(607) 255-8200Drug and Alcohol Testingfor positions requiring aCommercial Driver’sLicense)Environmental Health and Safety(607) 255-8200askehs@cornell.eduBackground CheckResults of ConcernAssociate Vice President forHuman Resources(607) 254-8359hr.cornell.eduUnescorted Access toSelected RadioactiveMaterial or AssociatedSecurity PlanEnvironmental Health and Safety(607) rnell.eduehs.cornell.eduCONTACTS – WEILL CORNELL MEDICINE CAMPUSESDirect any general questions about this policy to your college or unit administrativeoffice. If you have questions about specific issues, contact the following offices.Contacts, Weill Cornell Medicine CampusesSubjectContactPolicy Clarification andInterpretationTelephoneWCM HR Solution Centerhrsc.weill.cornell.edu (sign-in required)4University Policy OfficeEmail/Web Addresswww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksDEFINITIONSThese definitions apply to terms as they are used in this policy.ApplicantAny person who applies (requests review of his or her credentials,experience, or other qualifications) in accordance with the stateddirections for a specific and discrete open position.Background CheckThe process where, after a contingent offer of employment orvolunteer service has been extended, the university’s authorized thirdparty vendor investigates an applicant’s criminal history and other jobrelated information.Casual Appointment (Ithacabased locations and CornellTech only)Employment in a position of less than 20 hours per week.Casual Employee (WCM only)An individual called upon to work from time to time without a setschedule (typically no more than 17.5 hours per week), who mayremain on the WCM payroll as long as the services are needed andthe individual is available to work.Diversity and AffirmativeAction Representative (DAAR)An individual designated by management with responsibility foraffirmative action compliance at the unit level.External ApplicantA job candidate who presently does not hold a regular appointmentwith the university.Hiring AuthorityAn individual who is responsible for making the hiring decision or hasresponsibility for some aspect of the search process. For example, asupervisor, unit human resources (HR) representative, or anappropriate designee may serve as the hiring authority at differentpoints of the search process.Information VerificationThe process whereby the hiring authority, the unit HR representativeand/or the university’s authorized third-party vendor verify theeducation and employment (dates of employment, title, etc.) of anapplicant or volunteer.Intern, PaidSee Temporary Appointment.Internal ApplicantA job candidate who currently holds a regular position at theuniversity, or someone in an eligible employment status, such aslayoff status or short-term disability leave.Reference CheckThe process of obtaining job-related information from prior/currentemployers regarding the performance and abilities of applicants foropen positions.Regular Appointment (Ithacabased locations and CornellTech only)Employment in a non-temporary position of at least 20 hours perweek with an expected duration of at least six months.Regular Employee (WCM only)An employee who occupies a WCM position budgeted on the regularpayroll system and is scheduled to work on a weekly basis.Responsible OfficialAn individual, required by the federal government and designated bythe university, who assumes the authority and responsibility to act onbehalf of the university in regard to the Federal Select Agent Program.Temporary Appointment(Ithaca-based locations andCornell Tech only)Employment in a position of at least 20 hours per week with anexpected duration of less than six months. Includes Paid Intern.UnitA college, department, program, research center, business servicecenter, or other operating unit.5University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksDEFINITIONS, continuedUnit Human Resource (HR)RepresentativeThe primary human resource administrator at the unit level.University VolunteerAn individual who performs services for and directly related to thebusiness of the university, without the expectation of compensation.6University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksRESPONSIBILITIES – ITHACA-BASED LOCATIONS ANDCORNELL TECHThe major responsibilities each party has in connection with this policy are asfollows:Associate Vice President forHuman ResourcesLead efforts to review results of background checks and guidedecisions to ensure adherence to relevant laws and regulations whenevaluating applicants with criminal convictions.Support HR representatives in addressing questions resulting fromconcerns throughout other verification efforts.Review requests to conduct credit checks for positions below band Gin the finance/budget/planning job family and for any position in otherjob families.Coordinate credit check review and approval process with the vicepresident and chief human resources officer and the executive vicepresident and chief financial officer (CFO), or their designees.Diversity and AffirmativeAction Representative (DAAR)Provide prior approval for contingent job offers in coordination with thehiring authority. Colleges may identify an alternate to the DAAR foracademic searches.Environmental Health andSafety and Risk Management(EHS)Initiate required security risk assessments for individuals and maintaina list of individuals that access or have a means to access selectagents, as required by federal law and regulation.Maintain a list of individuals with unescorted access to selectradioactive material or their associated security plansInitiate security risk assessments as required by federal regulations,for individuals that have unescorted access to select radioactivematerial or their associated security plansConsult with the unit HR representative or the hiring authority as towhich positions are covered under the pre-employment drug andalcohol testing program and the related responsibility of the unit toarrange for testing of the newly hired staff.Communicate to unit HR and/or the hiring authority results of anapplicant's negative pre-employment drug and/or alcohol testing.Communicate to Workforce Policy and Labor Relations the results ofan applicant’s positive pre-employment drug and/or alcohol testExecutive Vice President andChief Financial Officer (ordesignee)Consult with the vice president and chief human resources officer (ora designee) and approve requests to conduct a credit check, asappropriate.Hiring AuthorityReview relevant policiesConsult with the unit HR representative to Review the unit hiring process Clarify expectations and responsibilities during the process,including the required reference, information verification andbackground check process Provide regular updates on the status of the search andcandidates under consideration Obtain advance approval tooo7University Policy OfficeCheck referencesExtend an offer of employmentwww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksRESPONSIBILITIES – ITHACA-BASED LOCATIONS AND CORNELLTECH, continuedoInitiate the information verification andbackground check processoInitiate a medical exam and/or immunization, asrequired.Coordinate with the unit HR representative to retain detaileddocumentation of information obtained.Contact at least two of an applicant’s references, one of whom shouldbe the current supervisor.After consulting with the unit HR representative, arrange forDepartment of Transportation (DOT) pre-employment drug andalcohol testing for an applicant, for DOT-covered positions.Conduct a specific reference check on an applicant for a DOTcovered position, obtaining information from prior employers about theapplicant's testing history.Office of Workforce Policy andLabor RelationsConsult with departments on any positive pre-employment drug andalcohol test results.Responsible OfficialAct as the university’s liaison to the federal government in regard tothe Federal Select Agent Program.Unit Human Resource (HR)RepresentativeReview relevant policiesMaintain general oversight of the search process.Contact the associate vice president for human resources if aconviction is identified in the background check process.Contact Risk Management when a driving offense (no otherconviction) is identified in the background check processConsult with the hiring authority to Review the unit hiring process Understand the status of the search and candidates underconsideration Review and approve offers of employmentClarify expectations and responsibilities during the processEnsure reference checking is completed satisfactorilyInitiate the information verification and background checkprocess and any appropriate medical exam and/or immunization,as required. Submit all orders for information verification services to theuniversity’s authorized third-party vendor Ensure compliance with Fair Credit Reporting Act and relevantlocal, state and/or federal lawsReceive and review all reports from the university’s third-party vendor.Review and approve or deny requests from the hiring authority toextend contingent or conditional offers of employment before thecompletion of the information verification and/or background checkprocess.Review and approve or deny requests from the hiring authority toextend a conditional offer of employment to an applicant contingentupon the completion of a medical exam and/or immunization.In coordination with the unit head, review and support requests toconduct a credit check, as appropriate.8University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksRESPONSIBILITIES – ITHACA-BASED LOCATIONS AND CORNELLTECH, continued Note: With the approval of the unit head and the unit HRrepresentative, credit checks may be requested for positions aboveand including band G within the finance/budget/planning job families.Credit checks for all other positions require additional approval inadvance from the associate vice president for human resources, whowill consult with the vice president and chief human resources officerand the executive vice president and CFO, or their designees. Note: All NYC-based positions - All requests to perform a creditcheck on an applicant for any NYC-based position (including positionsabove and including band G within the finance/budget/planning jobfamilies) must be submitted to the associate vice president for humanresources to assure compliance with NYC law.After consulting with the hiring authority, notify EHS in writing that anapplicant has been sent for pre-employment drug and alcohol testing.Coordinate with the hiring authority/supervisor to retain all records ofthe search and selection process appropriately.Contact and/or consult with the Workforce Recruitment and Retention,Division of Human Resources, for general policy guidance.Vice President and ChiefHuman Resources Officer (ordesignee)Consult with the executive vice president and CFO (or a designee) toapprove requests to conduct a credit check, as appropriate.,Workforce Recruitment andRetentionProvide interpretation and guidance on the policy.9University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksPROCEDURES -- ITHACA-BASED LOCATIONS ANDCORNELL TECHOverviewUnits are required, through their hiring authorities and/or unit human resources(HR) representatives, to conduct thorough reference checks, and education andemployment verifications, on any applicants (internal or external) to whom offers ofbenefits-eligible employment are to be made.Background checks are required as outlined in this policy, for those to whom acontingent offer of employment has been extended, for any the following positions: Regular non-academic (staff and union) positions Benefits-eligible temporary non-academic (staff and union) positions Those positions identified in the Appendix regardless of the duration ofappointment (covers all individuals regardless of current universityemployment/affiliation status)Where a background check is required, an offer of employment must be contingentupon the satisfactory completion of the background check. The hiring authority mustcontact the unit human resources (HR) representative before initiating the requiredreference check, information verification and/or background check process. Note: In accordance with the university’s philosophy of a fair and unbiased hiringprocess, Cornell representatives will not ask an applicant to disclose informationregarding criminal convictions until they have extended a contingent offer ofemployment. The reference checking, information verification and background checkprocess is to be completed, with satisfactory results, before the first day of work. In alimited number of cases, and with the prior approval of the unit HR representative,Cornell will allow an individual to begin employment, unless working with childrenunder 18 years old, contingent upon the successful completion of these processes,with satisfactory results, within 30 days of their start date.ConfidentialityAll search-related materials are considered confidential and are to be shared onlywith those with a business need to know.Reference ChecksA reference check is required for any applicant (internal or external) to whom an offerof benefits-eligible employment is to be made. The hiring authority or a designeemust contact at least two of the applicant’s references (one of whom should be themost recent supervisor, if possible) before making an offer to any applicant. For aninternal applicant, the current supervisor must be one of the references contacted.Hiring authorities must contact the unit HR representatives for guidance if theycannot meet these requirements.10University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksPROCEDURES – ITHACA-BASED LOCATIONS AND CORNELLTECH, continuedApplicants to whom the university intends to extend an offer of employment for aposition listed in the Appendix are subject to the same reference check requirements. Note: Applicants must complete a Cornell employment application, which includesa certification that all information provided (written or verbal) is truthful, complete,and accurate, and authorizes the university to investigate pertinent information aboutthe applicant before information verification efforts (including reference checking)may begin.InformationVerificationEducation and employment verification is required when filling benefits-eligiblepositions. Hiring authorities and/or unit human resources (HR) representatives mustcomplete all information verification efforts before the first day of work except inlimited circumstances (see note below).Applicants for positions listed in the Appendix are subject to the same informationverification requirements. Note: In a limited number of cases and with the prior approval of the unit HRrepresentative, Cornell will allow an individual to begin employment contingentupon the successful completion of the information verification, with satisfactoryresults, within 30 days of the start date.BackgroundChecksA background check is required for individuals to whom a contingent offer ofemployment has been extended for the following positions: Regular non-academic (staff and union) positions; external hires only Benefits-eligible temporary non-academic (staff and union) positions Those positions identified in the Appendix regardless of the duration ofappointment (covers all individuals regardless of current universityemployment/affiliation status)Hiring authorities and/or unit human resources (HR) representatives must ensure allbackground check efforts are completed, with satisfactory results, before the first dayof work except in limited circumstances (see note below).Applicants to whom the university has extended a contingent offer of employmentfor a position listed in the Appendix are subject to the same background checkrequirements. Note: In a limited number of cases, and with the prior approval of the unit HRrepresentative, Cornell will allow an individual to begin employment contingent11University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksPROCEDURES – ITHACA-BASED LOCATIONS AND CORNELLTECH, continuedupon the successful completion of background check processes, with satisfactoryresults, within 30 days of their start date.Initiating theInformationVerification and/orBackground CheckProcess (ThirdParty Vendor)The unit HR representative is responsible for submitting all orders for informationverification and background check services to the university’s authorized third-partyvendor, and for receiving and reviewing all reports. For additional information,please review the “Reference Checking, Information Verification and BackgroundCheck Chart,” below.Funding the Costof InformationVerification andBackground CheckEffortsThe university has reserved funds for and will cover the cost and associated fees ofinformation verification and background check efforts, as required by this policy. Therequesting unit is responsible for covering the cost and associated fees of informationverification and background check efforts for all other positions, and for any checksbeyond those required by policy.Frequency ofBackgroundChecksIf the unit HR representative has access to the satisfactory results of a backgroundcheck that Cornell has completed on an applicant within 6 months before the intendeddate of hire, then the hiring unit may elect not to conduct another background checkprior to the hire.Retaining RecordsRefer to the Guidelines to Support Filling Vacancies (PDF) and Retaining Records inthe procedures of University Policy 6.6.1, Filling Vacancies (Excluding Academic andBargaining Unit Staff) for university policy language on retaining records related tosearch activities.Matrix: ReferenceChecks,InformationVerification andBackgroundChecksThe following chart identifies the required checks and verification efforts by positiontype and responsible party. The university reserves the right to utilize additionalchecks and verifications, as it deems appropriate, such as when there is a job-specificrequirement. In such a circumstance, the university will apply this additionalrequirement to all positions with similar responsibility in the unit. See the footnotesbelow the chart for additional information regarding responsible party clarificationand job related checks.12University Policy Officewww.policy.cornell.edu

Cornell Policy LibraryVolume: 6. Human ResourcesResponsible Executive: VicePresident and Chief HumanResources OfficerResponsible Office: WorkforceRecruitment and RetentionOriginally Issued: October 1,2013Last Full Review: July 1, 2019Last Updated: June 29, 2020POLICY 6.6.2Reference Checks, Information Verification, and Background ChecksPROCEDURES – ITHACA-BASED LOCATIONS AND CORNELLTECH, continuedMatrix: Reference Checks, Information Verification and Background ChecksPosition TypeResponsible PartyType of CheckAll benefitseligiblepositions. 1All regular nonacademic benefitseligible positions,benefits-eligibletemporary positionsand all appointmentsto positions listed inthe Appendix. 1HiringAuthorityReference Check 2XXXEducation Verification (highestdegree completed) 2, 3XXEmployment Verification2XXCornell Employment History ReviewXXUnit HumanResourcesThird-PartyVendorXXXSSN & Identity CheckXXSex Offender Database SearchXXComplete County and Federal 7 yr.Criminal Records Check for Felonyand Misdemeanor ConvictionsXXAdditional applicants/positions may be subject to reference check, education and empl

reference checks, background checks, and verification of information presented by . Ithaca-based locations Cornell Tech campus Weill Cornell Medicine campuses, which will administer this policy under separate procedures WHO SHOULD READ THIS POLICY ‒ All members of the university community, especially the following individuals, in