Background Reviews
Policy Statement
Cape Fear Community College is committed to providing a safe and welcoming environment for
students, employees and all visitors to the College.
Procedure
Cape Fear Community College (the “College”) is committed to providing a safe and welcoming environment for students, employees and all visitors to the College. Therefore, the College shall conduct background checks on all prospective new employees, volunteers, contractors and current employees as set forth in this policy.
A background check shall be required of all potential College new hires after a conditional job offer has been made. Current employees, both part-time and full-time, contractors and volunteers may be subject to background checks and ongoing monitoring as required to meet business needs of the College. This may require annual re-checks.
The Human Resources Office, under direction of the Vice President of Human Resources, will be responsible for working with a third-party provider to conduct background checks. The Human Resources Office shall secure and store the information obtained separate from the main personnel file and shall consider only information pertinent for decision-making that ensures protection of College students, employees, other visitors, and College assets. Background information will be kept on file for five years.
Previous convictions shall not automatically disqualify an individual from consideration of employment or continued employment with the College. The President and the Vice President of Human Resources will evaluate the following factors in determining whether to hire an applicant with a criminal history and, when necessary, in determining the continued employment or contractual relationship of an employee, contractor or volunteer with a criminal record: the nature of the crime and its relationship to the position; the amount of time since the conviction; the number
of convictions; whether hiring the applicant would pose a risk to the College, students, employees or other campus visitors; the actions and activities of the individual since the conviction; explanations or other information provided by the individual; and whether the individual has demonstrated that they have the integrity or honesty to fulfill the duties of the position.
The discovery of either a conviction(s) or falsified conviction(s) information may result in denial of employment or continued employment. If an applicant, contractor, volunteer or an employee fails to reveal previous convictions, then they may be disqualified from employment at Cape Fear
Community College for falsification of an application, regardless of when discovered. The applicant, contractor, volunteer or employee will be provided a copy of the criminal record and given an opportunity to review the results of the background check. The applicant, contractor, volunteer or employee will be allowed a reasonable opportunity to dispute the accuracy or completeness of any information contained in the report by contacting the third-party provider that conducted the background check. The College will consider information derived from such opportunity promptly.
The President shall have final authority in determining the employability of the applicant or the continued employment or contractual relationship of an employee, contractor or volunteer. The President shall also be responsible for determining the appropriate background checks required for each position based on specific program agreements, applicable laws or other such position or business requirements.
Definitions of Terms:
“New employees” shall mean all individuals with conditional offers for any position with the College including part-time, full-time, or temporary employment; both instructional and non- instructional. This also includes former employees being rehired who have not been employed by the College in the past twelve months.
“Background checks” shall include information necessary to comply with the business needs of the College. This may include, but not be limited to, information from any of the following: nationwide or state sex offender registries; Department of Corrections Databases; residency history checks; federal records; multi-state criminal indexes; social security number verifications; credit reports; or any other records as required.
Campus Sex Crimes Prevention Act
Persons who have been convicted of an offense against a minor, or a sexually violent offense, are required by law to register with the Sheriff’s Department in the county and/or state where they reside. The law also requires that registered sex offenders must provide notice to an institution of higher education (post-secondary) that they have intentions to enroll as a student, if conditions allow. Registered sex offenders who are attending in person, or located on college owned property and/or premises, without prior notification, and/or situational approval, will be in violation of NC G.S.14- 208.18 and may be criminally charged.
The Campus Sex Crimes Prevention Act enacted on October 28, 2000, is a federal law that requires all colleges to issue a statement advising the campus community where information on registered sex offenders who are enrolled, employed or volunteering at Cape Fear Community College can be obtained.
Notifications of registered sex offenders are public knowledge and may be found at the following sites:
North Carolina Sex Offender and Public Protection Registry: http://sexoffender.ncsbi.gov
U.S. Department of Justice, National Sex Offender Public Website: https://www.nsopw.gov
