post-offer (contingent employment offer). However, pursuant to Title VII of the Civil Rights Act and EEOC guidance, criminal records cannot be used as a basis for denying employment unless an exclusion is deemed job related and consistent with business necessity.
When notified by a hiring official that an applicant has been recommended for hire, OHR staff members will make an offer of employment to the applicant. All offers of employment are made in writing and include the following statement: "This offer is contingent upon the completion of a background investigation that is satisfactory to the University." If circumstances require that the offer be communicated verbally, the hiring official must inform the candidate that the offer is contingent upon the successful result of the required background check. The OHR will then request that the University's third-party administrator conduct a criminal background check on the selected applicant.
The results of the criminal background check will be sent directly to the designated personnel in the OHR.
OHR personnel will review the criminal background report. If any criminal convictions are noted, the OHR will consult with the Office of General Counsel (OGC), as needed, for a final determination on how to proceed.
In making this determination, the following factors must be considered: the nature and gravity of the conviction, the length of time that has passed since the conviction occurred and/or the sentence was completed, the nature of the employment position being sought, and any evidence of rehabilitation.
For purposes of this procedure, the term “conviction” will be interpreted broadly and will include pleas of no contest, deferred adjudications, and similar dispositions. If a criminal background check report indicates pending criminal charges that, if a conviction resulted, would result in exclusion from employment, the candidate will be excluded from employment until final disposition of the charge(s).
Arrest records, juvenile adjudications, expunged matters, and sealed records will not be considered when determining whether a criminal record exclusion is warranted.
If the criminal background check is satisfactory, the OHR will notify the hiring official that the candidate is approved to begin employment.
If a background check is unsatisfactory, the OHR will notify the hiring official. The Office of Human Resources will then contact the applicant to inform him or her that KSU is rescinding its contingent offer of employment and that he or she will receive written notification that the University's third-party administrator will send a summary of the applicant's rights under the Fair Credit Reporting Act.
The third-party administrator will also provide the applicant the opportunity to review a copy of the report, which will inform him or her of his or her rights to dispute inaccurate information. The OHR will review any additional information provided by the candidate to dispute the accuracy of the criminal background check and, upon consultation with the OGC, will make a determination of any action on the information.
Applicants who commit acts of falsification or non-disclosure are deemed disqualified and shall be excluded from submitting another application for employment for one (1) year.