Human Resources Management Policy Criminal Record Searches

Policy 26 NOTE: THIS POLICY, LIKE ALL OTHER MUSC HUMAN RESOURCES POLICIES, IS NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED UPON AS SUCH. THIS POLICY MAY BE CHANGED AT ANY TIME BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA. I. POLICY To protect the welfare and provide for the safety of the patients, students, employees, visitors, and institutional resources of the Medical University of South Carolina, the Department of Human Resources Management will conduct a criminal record search on new and rehired employees, and volunteers using the State Law Enforcement Division (SLED) and/or a consumer-reporting agency. The accuracy and completeness of prior law violations revealed in the employment process will be verified. Convictions disclosed in the employment process may influence the selection of the applicant where such information is job-related. II. INFORMATION A. All newly hired or rehired employees and volunteers are subject to undergo a criminal record search for all locations in which an applicant has resided and/or worked. B. Convictions revealed in the employment process and any additional convictions which may exist on the criminal record will be reviewed and may be considered cause for termination or rescission of a job offer based upon the following 1. Length of time since the conviction(s); 2. Circumstances of the offense(s) 3. Applicant's employment record since the offense(s) 4. Number of convictions; 5. Rehabilitation; 6. Nature of the job and job-relatedness of convictions(s)

C. Failure to disclose a conviction(s) or misrepresentations are deemed falsification of an application and may result in termination or rescission of a job offer. D. The Medical University reserves the right to conduct criminal record searches when an employee is charged with any crime that reflects on his or her suitability for continued employment. Criminal record searches can also be initiated as a result of an administrative investigation. E. Applicants and employees who dispute the results of the criminal record search must contact SLED and/or the consumer-reporting agency. The address and telephone number of the agency(ies) can be obtained by contacting the Department of Human Resources Management. Notification of any error made by the reporting agency must be submitted in writing to the Department of Human Resources Management and the employee's or applicant's file will be amended. Approved by: John C. Sutusky, Ph.D. Vice President Finance & Administration Information Contact Manager, Classification/Compensation & Employment Revised Date

May 2003