Background Checks of Students
Who is lurking among your Student Body?
“Background Checks for Students”
Introduction:
Background checks are conducted to obtain a variety of types of information -- criminal records, credit histories, previous residences, job credentials. Some feel that the extent to which the background check should be depends on the position. For example, it makes little sense, on the one hand, to investigate the credit history of an Anthropology professor. On the other hand, failing to investigate the background of a school psychologist thoroughly could expose your institution to legal liability, adverse publicity, and loss of trust within the community. The belief is that you should link the type of check to the actual job responsibilities of each person (Der Werf, 2006). This notion is of great concern and yields the potential for grave disaster, especially in regards to the legal issues concerning colleges and universities.
Criminal background checks (CBC), however, are complicated because records are decentralized and maintained at the federal, state, and county levels. Your institution may need to check the records in each state and county in which a person has lived over the past five to 10 years. A 2004 survey by the Society for Human Resources Management found a substantial increase since 1996 in the number of employers performing various background checks on potential employees (Hughes et. al., 2007). The popularity of such checks is growing in part because electronic-data-collection techniques make it quicker and easier to find out information about current and prospective employees. Also, “high-dollar verdicts against organizations and institutions for negligently hiring employees have focused employers on potential liability. Criminal-background checks are becoming a common element of faculty and administrative searches” (Der Werf, 2006 pg.33). Many state, and an increasing number of private colleges, are requiring background checks prior to or as part of job
“Background Checks for Students”
Introduction:
Background checks are conducted to obtain a variety of types of information -- criminal records, credit histories, previous residences, job credentials. Some feel that the extent to which the background check should be depends on the position. For example, it makes little sense, on the one hand, to investigate the credit history of an Anthropology professor. On the other hand, failing to investigate the background of a school psychologist thoroughly could expose your institution to legal liability, adverse publicity, and loss of trust within the community. The belief is that you should link the type of check to the actual job responsibilities of each person (Der Werf, 2006). This notion is of great concern and yields the potential for grave disaster, especially in regards to the legal issues concerning colleges and universities.
Criminal background checks (CBC), however, are complicated because records are decentralized and maintained at the federal, state, and county levels. Your institution may need to check the records in each state and county in which a person has lived over the past five to 10 years. A 2004 survey by the Society for Human Resources Management found a substantial increase since 1996 in the number of employers performing various background checks on potential employees (Hughes et. al., 2007). The popularity of such checks is growing in part because electronic-data-collection techniques make it quicker and easier to find out information about current and prospective employees. Also, “high-dollar verdicts against organizations and institutions for negligently hiring employees have focused employers on potential liability. Criminal-background checks are becoming a common element of faculty and administrative searches” (Der Werf, 2006 pg.33). Many state, and an increasing number of private colleges, are requiring background checks prior to or as part of job
References: Bradshaw v. Rawlings, 612 F. 2d 135 (1979) Beach v Furek v. University of Delaware, 594 A. 2d 506 (1991) Nero v Rabel v. Illinois Wesleyan University, 514 NE 2d 552 (1987) Cawley, T Der Werf, M. V. (2006). Colleges should perform background checks on all new hires, conference panelist says. Chronicle of Higher Education, 53(8), 33-33. Finkin, M Forde, D. (2006). Criminal background checks to become part of medical school application process. Diverse: Issues in Higher Education, 23(19), 15-15. Hughes, S., White, R Hughes, S., White, R. J., & Hertz, G. (2008). A new technique for mitigating risk on US college campuses. Journal of Higher Education Policy & Management, 30(3), 309-318. Janosik, M. S., & Gehring, D. D.(2003). The impact of the clery campus crime disclosure act on student behavior Kaplin, A. William, & Lee, A. Barbara (2009). A Legal Guide for Student Affairs Professionals, 2d edition. Jossey-Bass, Inc. Lewis, L., & Farris, E. (1997). Campus crime and security at postsecondary education institutions. McEvoy, S Milam, S. (2006). Student background checks. National Association of College and University Attorneys. Retrieved March 25, 2010, from http://www.calstate.edu/gc/hot_topics_041006.shtml. Santucci, K Sidbury, Benjamin F. (2000). The disclosure of campus crime: How colleges and universities continue to hide behind the 1998 amendment to FERPA and how congress can eliminate the loophole. Smith, M. C. (1990). College liability resulting from campus crime: Resurrection for "In Loco Parentis?" West 's Education Law Reporter, 59, 1-5. Vinik, D. F. (2005). Why background checks matter in academe. Chronicle of Higher Education, 51(38), B13-B13. Walton, K