Senate Bill 18-19-36
| Bill ID: | 18-19-36 |
| Name: | Policy on Criminal Background Checks for Faculty and Staff Employees |
| Proposed: | 03/26/2019 |
| Sponsor: | Jewel Washington - AVP UHR & John Bertot, Associate Provost for Faculty Affairs |
| Proposal: | Currently the University of Maryland performs background checks only for those roles/functions that are mandated by federal, state, and applicable USM policies. These roles/functions include individuals working with/in: - Certain programs involving minors - Adult dependent populations - Transportation of hazardous materials - Law enforcement - Access to regulated risk, significant hazardous materials, and security safeguards information - Certain federally‐funded units - Third parties serving populations that meet Mandatory Criminal Background Checks requirement of USM Policy VII—1.15 who use (lease, rent, license) university facilities Although we are in compliance with mandated areas, there is no central authority, repository, or centralization for conducting background checks or verifying education, credentials, or prior work history. In addition, there are thousands of employees (faculty, staff, and students) who do not have background checks performed before employment at the university, and these employees often work in occupations that could pose a risk to the University if left unchecked. Expanding our current screenings to include new hires in all positions is intended to support the verification of credentials, criminal history, and other information related to employment and appointment decisions that assist the University in meeting its commitments to keep our campus safe for students, staff, faculty, and the public. The University has specific requirements under Title IX and implementing these procedures will help ensure compliance with these obligations. In order to maintain and promote a safer and more secure working and learning environment, the University of Maryland (UMD) is expanding its process for conducting pre‐employment background reviews as a condition of employment. This expansion is authorized per USM Policy VII‐1.15 – POLICY ON CRIMINAL BACKGROUND CHECKS FOR FACULTY AND STAFF EMPLOYEES. The requirement will apply to all selected candidates and contract employees for positions within UMD. With the exception of Public Safety, all appropriate background check activities will be coordinated with University Human Resources (UHR) and the Office of Faculty Affairs (OFA). UHR and OFA have developed explicit, uniform processes and procedures for conducting background checks and verifications for the hiring process. |
| Active? | No |
| Related Bills: |
Status
| Status: | Completed |
| Completed On: | 09/30/2021 |
History
| Status: | Complete |
| Reviewer: | Faculty Affairs Committee <i>and</i> Staff Affairs Committee |
| Received: | 2020-10-20 |
| Decision Date: | 2021-09-30 |
| Decision: | Further discussion of these issues can be found under Senate Document #21-22-21 |
| Actions: | In July 2021, the Criminal Background Subcommittee finalized its report and submitted it to the full Faculty & Staff Committees for their meetings at the start of the fall 2021 semester. In August 2021, the President informed the Senate Leadership that he would be approving a University of Maryland Policy on Criminal Background Checks on an interim basis pending Senate review, effective October 1, 2021. The President and the Senate leadership agreed that the committees would review the subcommittee's report as a component of their charge to help inform the committees' discussions on the interim policy and procedures. |
| Next Step: | Senate consideration of the Review of the Interim University of Maryland Policy on Criminal Background Checks (Senate Document #21-22-21) |
| Status: | Complete |
| Reviewer: | Senate Executive Committee (SEC) |
| Received: | 2020-10-14 |
| Decision Date: | 2020-10-20 |
| Decision: | The SEC voted to approve the extension until January 15, 2021. |
| Next Step: | Staff Affairs and Faculty Affairs Committees Review |
| Status: | Complete |
| Reviewer: | Faculty Affairs Committee <i>and</i> Staff Affairs Committee <i>and</i> Staff Affairs Committee |
| Received: | 2019-04-08 |
| Decision Date: | 2020-10-20 |
| Decision: | The Faculty and Staff Affairs Committees requested an extension on its charge. |
| Actions: | The Faculty and Staff Affairs subcommittee has been working diligently to consider the charge since summer 2019, but this charge has proved to be incredibly complex. It has involved consultation with a wide range of stakeholders on campus, as the proposal would involve implementing criminal background checks campus-wide, which would have an impact on faculty and staff from a wide range of circumstances. After delays in the spring 2020 semester due to the pandemic, the subcommittee reconvened in September 2020 and has already met twice. The subcommittee has been working to develop its recommendations for consideration by the Faculty Affairs and Staff Affairs Committees in fall 2020. The subcommittee needs additional time to finalize its recommendation, and the full committees need time to fully consider that recommendation. The subcommittee requested an extension until January 15, 2021. |
| Next Step: | SEC Review |
| Related Files: |
| Status: | Complete |
| Reviewer: | Faculty Affairs Committee <i>and</i> Staff Affairs Committee <i>and</i> Staff Affairs Committee |
| Received: | 2019-04-08 |
| Decision Due By: | 2020-03-30 |
| Actions: | A joint subcommittee involving members of the Faculty and Staff Affairs Committees is working on the charge and will report its findings and recommendations to the full committees. The subcommittee met throughout the 2019-2020 academic year. It discussed how the background checks would work in practice, practices at Big 10 and other peer institutions, and the impact of background checks on potential applicants who have criminal or arrest records. It met with representatives of University Human Resources; the Division of Administration & Finance; the University of Maryland Police Department; and the Office of Faculty Affairs. It also reached out to units that may be most affected by this policy due to high turnover rates in order to gather feedback on the impact of a policy of this nature. The subcommittee continues to deliberate on this charge. |
| Next Step: | SEC Review |
| Related Files: |
| Status: | Complete |
| Reviewer: | Senate Executive Committee (SEC) |
| Received: | 2019-04-01 |
| Decision Date: | 2019-04-08 |
| Decision: | The SEC voted to jointly charge the Faculty and Staff Affairs Committees with review of the proposal. |
| Next Step: | Staff Affairs and Faculty Affairs Committees Review |
| Related Files: |