Franklin & Marshall College

Franklin & Marshall conducts a federal and state criminal background check, at the College's expense, for all newly hired members of the professional staff and College volunteers. All temporary, part-time, full-time, and unpaid (volunteer) professional staff appointments are contingent upon satisfactory completion of a criminal records check. Such checks are conducted immediately upon hire and before the new staff member / volunteer may begin working on campus.

The College uses a Consumer Reporting Agency to obtain information. The College obtains information from a Consumer Reporting Agency in compliance with the Consumer Credit Reform Act of 1996.

Criminal record reports are returned to Human Resources by the Consumer Reporting Agency, and are kept in confidential files in the Human Resources office, separate from employees' personnel files.* Reports are shared only on a strict need-to-know basis. If a report includes information about a relevant felony or misdemeanor conviction, information regarding the conviction may be shared, as necessary, with the employee's immediate supervisor, department manager, and/or appropriate Senior Officer.

When considering the appropriateness of continued employment, the College will consider felony and misdemeanor convictions to the extent to which they relate to the new employee's suitability for employment in the position for which he/she has been hired. Felony or misdemeanor convictions relevant to the position for which an employee has been hired may be grounds for immediate discharge. Questions the College will consider when determining relevance include:

• Do the facts of the conviction reflect conduct that is related to the position for which the employee has been hired?
• Is there more than one conviction, or a pattern of criminal activity for which the employee has been convicted?
• How long ago did the conviction(s) occur? What was the age of the employee when the criminal activity occurred?
• Does state law limit an employer's use of the conviction as grounds for discharge?
• Have positive, credible references been provided by those with whom the individual has been employed since the conviction?

If the College, in its sole discretion, elects to terminate employment based in whole or in part on an employee's criminal record history information obtained from a Consumer Reporting Agency, the College will provide the employee with the following information:

• In accordance with the Consumer Credit Reform Act, before taking any adverse action, the College will provide the employee with a copy of the criminal record report, a description of the employee's rights under the Act, and a statement notifying the employee that the College is considering taking adverse action based on the report (Notice of Consideration of Adverse Employment Action). The employee will be given a reasonable opportunity to submit information to Human Resources disputing the accuracy or completeness of the report before a final decision is made regarding continued employment.
• When a final determination of adverse action is made, the College will advise the employee, in writing, of the adverse action, and provide the name, address, and telephone number of the Consumer Reporting Agency and a statement that the Consumer Reporting Agency did not make the decision to take adverse action against the employee and is unable to provide the employee with specific reasons why the adverse action is being taken (Adverse Action Notification).
• The employee will also be notified of his/her right to obtain the criminal record report from the Consumer Reporting Agency and to dispute its contents.

Employment Applications / Falsification of Records

If an individual did not disclose a conviction on his/her Franklin & Marshall College application for employment and is found to have been convicted of a criminal offense, employment will generally be terminated immediately, due to falsification of an employment record.

Working with Minors

The College requires that any employee who will supervise a minor (those under the age of 18 and/or those who have not yet completed high school) undergo a criminal background check. Each employee who will supervise a minor must obtain his/her own (the employee's) criminal record report through https://epatch.state.pa.us. The College employee may request reimbursement for the cost of the check through normal College procedures for requesting reimbursement for a business expense.

If the record is clear, the state will return a clearance certificate which must be provided to Human Resources where it will be kept in a confidential file. If the record reveals a criminal conviction which raises concerns about the employee's ability to work with a minor, the employee's manager, in conjunction with the Director or Assistant Director, Human Resources, will determine if the employment relationship between the College employee and the minor may continue, taking into account the safety and any potential risk to the minor.

This policy applies to coaches and others who work with minors in conjunction with Franklin & Marshall sports camps (such employees are also subject to a child abuse clearance), and other Franklin & Marshall employees who supervise minors in the performance of work for wages or volunteer work / internships for the College.

* Criminal record reports for part-time personnel employed within the Floyd Institute are maintained by the Office Administrator, Floyd Institute.