Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014


1.0
BACKGROUND AND PURPOSE

The Colorado School of Mines (“Mines” or “the school”) seeks to assure that its academic
and research missions are supported by qualified faculty, staff, and student employees.
It is also important that individuals hired or appointed do not pose threats to the physical
safety of the campus community or unacceptable risks to the integrity of financial
processes, assets, and records. In order to meet this standard, reasonable efforts will be
made to check background information as described below for individuals being
considered for employment or appointment, or who will be engaged in activities working
with minors after their employment or appointment has begun.

The specific purpose of conducting a background investigation is to verify within legal and
professional limits the objective credentials and suitability of the candidate for
employment or appointment with Mines. The school strives to ensure that individuals who
work with minors, as defined in the Policy on the Protection of Minors, and newly hired
faculty, staff, volunteers, and student employees are well-qualified, have a strong
potential to be successful, have honestly presented their background and credentials,
and have fully disclosed information that is relevant to the hiring decision.

The following policy and procedures are intended to assist applicants, employees and
supervisors in understanding the considerations and processes involved in conducting
background investigations and making decisions with respect to information obtained
during the investigation.

2.0 DEFINITIONS

2.1 Appointment/Appointee: Refers to a non-paid position, held by a student
or non-student, whether it be volunteer or non-remunerative.

2.2
Background Investigation or Background Check: Process of acquiring
records and information regarding an individual that are used to determine
the individual’s suitability for employment or appointment or assignment to
a program, event, or activity designed for minors. At a minimum, a
background investigation will include criminal history, sex offender registry
check, and verification of social security number (potential employees only).
Depending on the position, background checks may also include, but are
not limited to verification of employment history, educational credentials,
licenses held, etc.

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Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014


2.3 Employment/Employee: Refers to positions at Mines that are paid
through the Mines payroll system for work performed, regardless of whether
part-time or full-time, or held by a student or non-student. For purposes of
this policy, student employment includes graduate student employment.

2.4 Executive:

A Vice President, the Provost, or the President, or their
designees.

3.0 POLICY

It is the policy of the Colorado School of Mines to conduct background
investigations as a condition of Employment or Appointment, or for those who work
with minors as defined in the Policy on the Protection of Minors. Specifically,
background investigations will be conducted on persons to whom it offers:

 Non-student
Employment
 Non-remunerative
or
Volunteer Appointment
 Student Employment in the following departments:
o Department of Public Safety
o Office of the Registrar
o Payroll
o Residence
Life
o Human
Resources
o Legal
Services
o Bursar’s Office / Cashier’s Office
o Other departments at the request of the department head
 Student Employment that involves operating a motor vehicle
 Appointment or Employment in Athletics camps
 Assignments with minors as defined in the Policy on the Protection of
Minors

Employment, Appointment, or participation in programs, activities, or events that
are designed for minors is contingent upon the successful completion of the
background investigation for the selected applicant. Having a criminal history or
criminal conviction does not necessarily preclude an individual from Employment
or Appointment with the school. Review will occur on a case-by-case basis. The
supervisor of the unit in which the applicant seeks Employment or Appointment
and the responsible Executive, with advice from Human Resources and Legal
Services, will evaluate the relevance of information obtained during the
background investigation.
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Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014



Faculty, staff, student employees, and appointees who are charged with or
convicted of any misdemeanor or felony involving minor children or are charged
with or convicted of a felony not involving minor children after they have been
offered Employment or Appointment or have begun Employment or Appointment
must contact Human Resources within five (5) days of the conviction and provide
information about the conviction. Failure to provide this information within the five
(5) day period will subject the employee or appointee to disciplinary action up to
and including termination of his or her Employment or Appointment with Mines.

3.1 Exclusions

Background investigations are not required for the following categories of
Employment or Appointment:

 Transitional
retirees;
 Emeriti faculty reappointments;
 Returning Employees or Appointees (non-tenure track faculty, adjuncts,
research faculty if the period since the prior appointment is not in excess of two
years);
 Student or graduate student Employees who are offered a temporary non-
student Appointment or Employment upon graduation; and
 Staff retirees of Mines returning for short term or temporary assignments.

The above exclusions do not apply to any individual who works with minors as
defined within the Policy on the Protection of Minors.

3.2 Process Overview

Applicants invited for interview for Employment or Appointment will be advised by
the hiring department of the background investigation requirement. If an individual
who is offered Employment or Appointment fails to provide consent to conduct the
background investigation, the offer will be withdrawn.

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Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014


4.0 PROCEDURES

4.1 Determining
Applicability

4.1.1 All Employment is subject to the background investigation process
as defined in this policy and procedures.

4.1.2 For Appointments, the appointing supervisor or manager will
determine if the characteristics of the Appointment match one or
more of those where a background investigation is required. The
decision of the supervisor or manager will be communicated to
Human Resources or Academic Affairs as appropriate to the
Appointment desired. If the supervisor or manager is not the
department director, the supervisor or manager must obtain the
department director’s approval of the decision.

4.2
Candidate Disclosure Requirements

Individuals offered covered Employment or Appointment will be required to
complete the Background Investigation Disclosure and Authorization form and will
be provided the “A Summary of Your Rights Under the Fair Credit Reporting Act”
publication.

Candidates are required to provide accurate and sufficient information necessary
to conduct a thorough background check. A signed disclosure and authorization
form authorizing the background check and the release of factual information by
former employers, educational institutions, or other organizations is part of the
reference and background investigation process. Refusal to sign such a release
eliminates the applicant from further consideration for Employment or
Appointment.

Providing misleading, erroneous, or deceptive information in the application
materials (vita, resume, etc.), or in an interview may be grounds for elimination
from further consideration for Employment/ Appointment, withdrawing an offer, or
termination of Employment/ Appointment. Falsification of application materials,
including failure to disclose criminal convictions as required, may be grounds for
termination of Employment or Appointment or non-selection of an applicant.

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Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014


4.3
Institutional Requirements

4.3.1 Except as noted in §3.1, all offers of Employment/ Appointment, oral
and written, must include the following statement: “This offer is
contingent upon the school’s verification of credentials and other
information required by school policies, including the completion of a
criminal history background check.”

4.3.2 The hiring/appointing department, in conjunction with the Human
Resources Office, will determine which of the components of the
background investigation will be performed. In all cases, a criminal
history, sex offender registry check, and verification of Social
Security number (potential employees only) will be components of
the background investigation.

4.3.3 The Human Resources Office will contract and work with an
appropriate agent to conduct the background investigation.

4.3.4 Applicants will be notified of their background investigation pass/fail
status by the Human Resources Office.

4.3.5 Hiring units are responsible for checking employment references.

4.3.6 Any Mines employee who receives access to background check
information is required to maintain confidentiality and only share
information with authorized individuals. Failure to maintain
confidentiality may result in disciplinary action.

4.4
When a Background Investigation Uncovers a Problem

4.4.1 If a background investigation indicates information that causes the
school to consider withdrawing the offer of Employment/
Appointment, the Human Resources Office will provide a copy of the
background report to the individual and will provide the applicant a
pre-adverse decision notice. All related information will be treated
as confidential and protected as such.

4.4.2 The pre-adverse decision notice will provide notice that the offer of
Employment or Appointment may be withdrawn and will provide the
applicant the opportunity to respond to the information revealed in
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Background Investigation Responsible Administrative Unit:
Human Resources
Policy

Policy Contact:

Associate Vice President, Human Resources
Issued: July 1, 2007

mdougher@mines.edu
Revised: April 28, 2014


the background investigation. Applicants will be given five (5)
business days to submit a response. No final decision regarding the
Employment or Appointment offer will be made until the five-day
period has elapsed.

4.4.3 If the criminal history check reveals convictions, the nature of the
offense(s), the time elapsed since the occurrence of the offense(s),
the relevance of the offense(s) to the particular position, as well as
other factors of relevance will be considered in determining the
applicant’s fitness for the position.

4.5
Final Decision

4.5.1 The final decision regarding Employment or Appointment will be
made by the hiring/appointing department and the responsible
Executive with the advice from Human Resources and Legal
Services.

4.5.2 Once a final decision has been made, it will be communicated to the
applicant via letter from Human Resources.

5.0 Appeals

5.1
Decisions regarding the withdrawal of an Employment or Appointment offer
as a result of a background check may be appealed to the Executive responsible
for the hiring/appointing department. Appeals must be in writing and received
within five (5) business days of receipt of the decision notice described in § 4.5.2
above. If the applicant does not provide a response to the pre-adverse decision
notice in accordance with §4.4.2 above, the applicant cannot appeal the final
decision at a later time.

5.2
The Executive will issue a response to the appeal within ten (10) business
days of the receipt of the appeal. The ten (10) day response period may be
extended by the Executive due to absence from campus or for other reasons. If
the response period is extended, the appellant will be notified of the extension by
the Executive. The Executive’s decision is final.
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