University Rule 5-130 C: Criminal Background Checks for University Hospitals and Clinics Staff.

1. Staff positions requiring a Criminal Background Check (CBC)
2. Staff employment actions which initiate a CBC
3. Reasonable Cause provision
4. Criminal Background Check (CBC) packages
5. Criminal Background Check (CBC) adjudication
6. Costs

Purpose and Scope‌

1. Purpose.

   To implement University Policy 5-130 (Policy on Criminal and Other Background Checks) for University staff by describing the scope of staff positions subject to background checks, the type of criminal and other background checks the University may use, and the related decision making processes.

2. Scope.

   This Rule applies to University of Utah Hospitals and Clinics staff positions with a hire, rehire, or transfer date on or after May 1, 2009. This Rule does not apply for faculty and academic staff positions, which are regulated by separate rule (Rule 5-130A)

Definitions‌

The definitions provided in Policy 5-130 apply for this rule. In addition, the terms below apply for the limited purpose of this rule.

1. Human Resources (HR) referred to in this Rule is the HR staff member or designee assigned by HR to the department to provide HR consulting services.

Rule‌

1. Staff positions requiring a Criminal Background Check (CBC).‌

   1. All University Hospital and Clinics staff.

2. Staff employment actions which initiate a CBC:‌

   1. New Hires

      1. All new hires are subject to a pre-employment CBC Rehires

      2. All rehires are subject to a pre-employment CBC if there has been a break in service greater than 30 days.

   2. Transfers (Promotion, Lateral, Demotion) including Campus or U of U Health to the Hospitals and Clinics are required to initiate a CBC on any employees transferring into positions designated as requiring a CBC, provided the University has not previously completed a CBC on the employee. The promotion, lateral transfer, or demotion to a position requiring a CBC is contingent on satisfactory completion of the CBC.

3. Reasonable Cause provision‌

   1. University Hospitals and Clinics may conduct background checks for existing staff members if a determination is made that there is reasonable cause to believe the staff member poses a threat or has committed a crime.

4. Criminal Background Check (CBC) packages‌

   1. The University’s standard Campus CBC package is a domestic United States search of Credit Bureau and other records to determine counties of residence for the previous seven years. Up to three aliases are checked, and any felony and misdemeanor convictions are reported. The standard Campus CBC package also includes a check of the Sex Offender Registry.

   2. As determined by the hiring department in consultation with Human Resources, more extensive CBC packages may be appropriate. Additional elements that may be included in a customized package include: employment, education, or professional license verification; Fraud and Abuse Control Information System (FACIS); Office of Inspector General (OIG) Medicare Fraud Exclusion List, System for Award Management (SAM), Motor Vehicle Report, Credit Report and/or other elements.

5. Criminal Background Check (CBC) adjudication‌

   1. If a background check reveals a criminal background, which may or may not have been disclosed by the applicant or employee, University Hospitals and Clinics’ Human Resources will initiates a consultative process to evaluate and adjudicate the CBC, in accordance with University Policy 5-130 and the Fair Credit Reporting Act.

   2. An initial review of CBC results is conducted by the Human Resources professional or designee to identify any felony or misdemeanor convictions. If the CBC results contain no convictions, with the exception of minor motor vehicle related violations, Human Resources will clear the individual for hire and notify the hiring manager. In the event a CBC report includes felony or misdemeanor convictions which were not self-disclosed by the individual, the individual will generally not be cleared for hire due to falsification.

   3. In the event there is a discrepancy between what the individual self-disclosed and what was reported on the CBC, the Human Resources professional may confer with the individual and/or the hiring manager as appropriate before adjudicating the CBC. In the event serious misdemeanor or felony conviction(s) are reported, and a consensus has not been reached in the initial conference with the hiring manager, the Human Resources professional may engage a representative of the Office of General Council and/or the department’s Cognizant Vice-President or designee in the evaluation. In a consultative role, the Human Resources professional will facilitate an assessment of the overall risk posed to persons and property, and may determine that an individual with a criminal history should be considered eligible to obtain or retain the position, or that additional documentation should be required. The risk assessment will include:

      1. the number of crimes committed;

      2. the severity of those crimes;

      3. the length of time since they were committed;

      4. the likelihood of recidivism;

      5. the security sensitivity of the position sought by the applicant or held by the existing employee; and

      6. additional factors that may be relevant.

6. Costs.‌

   1. The University will not require applicants or existing employees to pay the costs of a criminal or other background check as a condition of employment.

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      Sections IV- VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees. The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

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Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources‌

1. Policies/ Rules.

   1. Policy 5-130: Policy on Criminal and Other Background Checks

   2. Rule R5-130A: Faculty and Academic Personnel

   3. Rule R5-130B: Criminal and Other Background Checks for Campus University Staff

2. Procedures, Guidelines, and Forms.

   1. P5-130A: Verifying Exclusion State of Employees

3. Other Related Resources. [ reserved ]

References‌

1. Utah Board of Higher Education Policy 847

Contacts‌

The designated contact officials for this Regulation are

1. Policy Owner(s) (primary contact person for questions and advice): Director of Talent Acquisition, UUHC Human Resources

2. Policy Officer(s): Chief Human Resources Officer for Hospitals and Clinics

   See Rule 1-001 for information about the roles and authority of policy owners and policy officers.

History‌

Revision History.

1. Current version. Revision 0.

   1. Effective date October 2, 2017.

   2. Editorial Revisions

      a. Editorially revised December 19, 2023 to move to current regulations template.

2. Renumbering

   1. Not applicable