Office of the Provost

Faculty and Unclassified Staff Handbook Chapter 1 -- General Policies

University Policy Regarding Criminal Background Checks

Fort Hays State University offers numerous programs of study which require the student, as a prerequisite to the successful completion of the program, to engage in a clinical experience which involves on-site training of the student at a clinical site or facility which is normally a hospital or medical center. It has become the practice of the clinical sites to require all students engaging in clinicals, or the University, to perform or have performed a criminal background check on the student. Fort Hays State University wishes to cooperate to the fullest possible extent with these requirements that have been imposed by the clinical site, in order to provide its students with the fullest access possible to clinical training. However, apart from isolated courses of study having state imposed requirements, such as the College of Education and Technology (COET), Fort Hays State University does not have a policy requiring its students, faculty or staff to submit to criminal background checks. As such, it is necessary to formulate a policy governing those students who must undergo criminal background checks as a prerequisite to engaging in their clinical experience. This policy does not apply to any background check or investigation on any student of COET as a prerequisite to a student teacher assignment or licensure by the Kansas Department of Education.

Therefore, it is the policy of Fort Hays State University that prior to any student beginning a clinical experience required for successful completion of the student’s academic program, the student must submit to a criminal background check when the background check is required by the clinical site or facility. This criminal background check will normally be as far in advance of the student’s clinical experience as possible. However, at the discretion of the University, the criminal background check may be imposed as a condition of admittance into the academic program where the student will be required to engage in a clinical experience

As it is the student’s responsibility to successfully complete a clinical experience as a prerequisite to successful completion of the applicable academic program, it is the student’s responsibility to arrange and pay for the criminal background check. However, Fort Hays State University will provide guidance, direction, and recommendations to the student as to how the student can go about obtaining a criminal background check. In no event will the University be responsible for performing the background check or for paying for a background check to be performed. The matters to be researched in the background check, and the information sought by the check, will differ depending on the scope and extent of the check, and also on the entity performing the check. Fort Hays State University currently recommends the search package recommended by the nationwide accrediting authority for hospitals (JCAHO) provided by Clarence M. Kelley and Associates. This package will provide:

• Social Security Number trace
• Criminal records in all county/state jurisdiction search for a seven year address history period
• Criminal records in all federal jurisdictions search for a seven year address history period
• Combine LIG/GSA report
• KCPD alert two system
• Multi-state sex offender registry
• Work verification for the last employer

It is the student’s responsibility to insure that the results of the background check will be provided to the faculty member in charge of the student’s clinical experience. This faculty member will then transmit the information to the chair of the department in which the academic program at issue is offered, who will determine, with consultation with the faculty member, and if necessary the General Counsel for the University and the Director of the Campus Police Department, whether the student is qualified to participate in the clinical experience. The standard by which the University will use to make this determination, is whether, based upon the results of the background check and other information available to the University, the student’s ability to provide safe and competent patient care may reasonably be questioned. The University will make this determination at its sole discretion and the student, as a prerequisite to obtaining the background check, will be required to sign a document acknowledging the discretion of the University in this regard, and providing the student’s pledge to abide by the University’s determination.

In the event that the University excludes a student from participating in the clinical experience as a result of the background check, the University will provide the basis upon which the determination was made, and allow the student the opportunity to review and provide comment on any information contained in the background check. The student should direct its comments after reviewing the information contained in the background check, to the department chair. In the event that the determination regarding the student’s ability to participate in clinical exams does not change following the student’s opportunity for review and comment, then the student may resort to the following appeal process:

1) Within five business days after the department chair’s final decision (following the student’s opportunity for review and comment) the student shall write a letter to the department chair specifically stating what aspects of the department chair’s decision the student wishes to appeal, and specifically setting forth the student’s position as to how he or she believes the department chair is in error.

The department chair will then within five business days from receipt of the written appeal, set a time, date and place for a formal hearing before a committee composed of at least three faculty from that department. The student will be given the opportunity to appear in person and also have the assistance of either a faculty member of the student’s choosing or a licensed attorney. Neither the faculty member nor the attorney will be allowed to present any evidence or argue on the student’s behalf, but will rather be available in an advisory capacity only. (1) An electronic record of the hearing will be made and the recording will be reduced to a written transcript if ordered by the Chairperson of the Departmental Background Check Hearing Committee.

A decision by the Departmental Background Check Hearing Committee will be made within five business days from the hearing and will be delivered to all concerned parties. The student may accept the decision of the Departmental Committee and in that instance the appeal procedure is completed, or the student may appeal in accordance with the procedures below.

2) In the event the student wishes to further pursue the appeal, the student shall, within five business days after receiving the decision of the Departmental Committee, write a letter to the appropriate college dean (in most circumstances the Dean of Health and Life Sciences) requesting a hearing before the University Background Check Appeals Committee. (2) The dean shall, within five business days of receiving such request, assemble the University Background Check Appeals Committee and set a time, place and date for hearing before that Committee. The University Committee will be made up of five faculty members all of whom are from departments which offer academic programs where clinical experience is required prior to successful completion of a program. The department from which the student’s appeal originated will be represented on the University Committee, but all attempts will be made to have a faculty member on the committee who was not on the Departmental Committee.

This procedure to be followed during the hearing will be the same as the procedure used during the Departmental Hearing and the overall conduct of the hearing will be the responsibility and within the discretion of the Chair of the Committee.

Within five business days after the conclusion of the hearing, the University Committee shall issue a written decision notifying all parties of its decision. The student may either accept the decision at which case the appeal is concluded, or decide to pursue the appeal further as provided below.

3) In the event that the student does not accept the decision of the University Committee, the student may appeal in writing to the University Provost. The appeal letter must be submitted within five business days of the issuance of the University Committee’s decision. The Provost will determine the student’s appeal on the basis of the record made at the prior hearings below. No new hearing will be conducted and no new evidence or arguments will be presented to the Provost that were not presented at either of the prior hearings. The Provost shall, within seven business days of receiving the student’s appeal letter, issue a decision on the appeal.

4) Should the student not accept the Provost’s decision, the student may, within five business days after the issuance of the Provost’s decision, submit in writing an appeal to the President of the University. As with the appeal to the University Provost, the appeal to the University President will be based upon arguments and evidence presented below, and no new evidence or arguments will be considered by the President. No hearing will be held and the President’s decision will be on the basis of the evidence and arguments presented below and the student’s appeal letter to the President. Unless prohibited from doing so by physical absence from the University, the President shall issue a written decision to the student on the student’s appeal within seven business days after receipt of the student’s appeal letter.

The decision of the University President is final and in the event that the final decision is adverse to the interests of the student, the student may pursue all available non-university avenues. However, the procedure set forth above by which a student may present an appeal regarding the decision of whether, based on the background check, the student may participate in the clinical experience, are the administrative remedies available to the student. All of those administrative remedies must be pursued or the student will be prevented from pursuing any non-administrative remedy. In addition, the student must comply with all of the deadlines and other procedural requirements imposed at each stage of the appeal process, and may not skip a step in the process or alter any of the deadlines unless agreed to in writing by the University. The University has discretion to waive the deadlines or alter the procedure as may be requested by a student but in no event shall such waiver or other action require the University to take the same or similar actions in the future.

Adopted by President’s Cabinet 10/12/2005

(1) The student will only be entitled to the assistance of either a faculty member or an attorney licensed to practice law in Kansas, not both.

(2) The Departmental Hearing Committee and University Appeals Committee are specially formed only for hearing appeals relating to criminal background checks as set forth in this policy. These Committees will not have the same scope, duties and responsibilities as other Departmental or University Appeals Committees

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