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Background Checks

Policy Number: HR-52
Effective Date: January 2004
Last Revision: October 2015
Responsible Officer: Executive Vice President, Treasurer and Chief Operating Officer

PURPOSE

Drexel University strives to provide the safest possible environment for all in the University community, including Student Workers, Faculty, Professional Staff, Temporary Staff, Non-Employee Associates, Volunteers, and Finalist Candidates. This policy supports the University’s efforts to minimize institutional risk and assists hiring authorities in making sound hiring decisions.

APPLICABILITY

This policy applies to all Drexel University Faculty, Professional Staff Members, including those affiliated with a collective bargaining unit, Student Workers, Volunteers, Temporary Staff, Independent Contractors (for PA Enhanced Background Certifications only), Non-Employee Associates, and Finalist Candidates seeking employment with the University.

IMPLEMENTATION

Implementation of this policy is the responsibility of the Department of Human Resources.

ADMINISTRATIVE OVERSIGHT

The Executive Vice President, Treasurer and Chief Operating Officer is the Drexel University Official responsible for the administration of this policy.

POLICY

The University will conduct background investigations on Faculty, Professional Staff Members, Student Workers, Volunteers, Temporary Staff, Independent Contractors (for PA Enhanced Background Certifications only) and Non-Employee Associates (under specific circumstances described herein), and Finalist Candidates to determine or verify background information. This is to ensure that individuals who serve the University are well qualified, have a strong potential to be productive and successful, and have accurately presented their background and qualifications in oral representations and in written materials including the Application for Employment Form and résumé.

The University complies with the Fair Credit Reporting Act, which regulates the use of information gathered by consumer reporting agencies and which may determine an individual's eligibility for employment, credit or insurance. Results of the background investigation are kept confidential by Human Resources, but may be shared on a strict need-to-know basis.

The University reserves the right to decline an Applicant or Finalist Candidate or to discipline, revoke the privileges of and/or terminate any Faculty, Professional Staff Member, Student Worker, Volunteer, Temporary Staff Member, Independent Contractor (for PA Enhanced Background Certifications only), Non-Employee Associate or other person to whom this policy applies, who has provided false, misleading, erroneous, or deceptive information on an application, résumé, or during an interview or who has omitted material information during the hiring process. The University reserves the right to share false, misleading, erroneous and deceptive information to probation officers and other appropriate authorities. Drexel University reserves the right to conduct a background investigation at any time as a matter of law or based on the nature of the position.

DEFINITIONS

Adjunct Faculty Member is defined as an individual employed by Drexel University to provide instruction on a part-time or non-continuing basis.

Applicant is defined as an individual seeking a job at Drexel University, including an existing Faculty or Professional Staff Member who is seeking to transfer positions within the University.

CPSL is defined as the Pennsylvania Child Protective Services Law, 23 Pa. Cons. Stat. (“Pa. C.S.”) §§ 6301-6386 (2015).

Direct Contact with a Minor is defined as the care, instruction, supervision, guidance or control of a Minor or routine interaction with a Minor (see definition for “routine interaction” below).

Direct Volunteer Contact with a Minor is defined as the care, instruction, supervision, guidance or control of a Minor and routine interaction with a Minor.

Employee is defined as an individual employed by Drexel University, including a Faculty Member, Professional Staff Member, Student Worker, and Temporary Staff.

Faculty Member is defined as an individual employed by Drexel University in a tenured, tenure-track or non-tenured track position who teaches at any college, school, center or institute in the University. A Faculty Member also is deemed to be exempt under the provisions of the Fair Labor Standards Act (FLSA) and/or applicable state law.

Finalist Candidate is defined as an Applicant seeking a job at the University who has received a conditional offer of employment.

Founded Report is defined as a child abuse report made under the Child Protective Services Law (CPSL) if there has been any judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or ‘nolo contendere’ (no contest) or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse.

Immediate Vicinity is defined as an area in which an individual is physically present with a Minor and can see, hear, direct and assess the activities of the Minor.

Independent Contractor is defined as an individual who is not an Employee of the University who provides a Program, Activity or Service to the University and who has or will have Direct Contact with a Minor.

Indicated Report is defined as a child abuse report made under the CPSL if an investigation by the county agency or the PA Department of Human Services determines that the substantial evidence of the alleged abuse exists based on any of the following: available medical evidence, the child protective service investigation or an admission of the acts of abuse by the perpetrator.

Institution of Higher Education is defined as an independent institution of higher education which is an institution of higher education, located in and incorporated or chartered by the Commonwealth, entitled to confer degrees, including a "college" or "university."

Matriculated Students is defined as a student who is enrolled in an institution of higher education and pursuing a program of study that results in a post-secondary credential, such as a certificate, diploma or degree.

Minor (or Child(ren)) is defined as someone under the age of 18.  Minor and Child will be used interchangeably in this policy.

Non-Employee Associate is defined as an individual who is not a Faculty, Professional Staff Member or Student Worker of Drexel University (or otherwise employed by the University) and will not become an Employee of the University in the foreseeable future, and who requires access to the University’s resources in connection with services or work that the individual is doing at the University. A Non-Employee Associate may be an employee of an Independent Contractor as defined in this policy.

PA Enhanced Background Certifications is defined as the required background certifications under the Child Protective Services Law, as amended by Act 153 (effective December 31, 2014) and Act 15 (HB 1276) (effective July 1, 2015). With some exceptions, as noted in this policy, the required background certifications include the following: (i) Pennsylvania State Police Criminal Record Check; (ii) Pennsylvania Child Abuse History Clearance; and (iii) FBI fingerprint based national criminal records check.

Perpetrator is defined in Pennsylvania's Child Protective Services Law as a person who has committed child abuse and includes only those individuals described in the CPSL including, but not limited to: the parent of a child, the spouse for former spouse of a child's parent, or a person 14 years or older who is responsible for the child's welfare or has direct contact with children as an employee of child-care services, a school or through a program activity or service.

Person Responsible for the Child's Welfare is defined as a person who provides permanent or temporary care, supervision, mental health diagnosis or treatment.

Professional Staff Member is defined as an individual employed in any non-faculty category by Drexel University, including an individual who is deemed to be either exempt or non-exempt under the provisions of the Fair Labor Standards Act (FLSA) and/or applicable state law.

Program, Activity or Service is defined as any of the following in which Minors participate and which is sponsored by a school or public or private organization: (i) a youth camp or program; (ii) a recreational camp or program; (iii) a sports or athletic program; (ix) a community or social outreach program; (x) an enrichment or educational program; and (xi) a troop (e.g., Girl Scout or Boy Scout), club or similar organization. Protection of Minors and Reporting Child Abuse policy - Public Safety.

Routine Interaction is defined as regular and repeated contact that is integral to a person’s employment duties, services or volunteer responsibilities.

Student Worker is defined as a matriculated or non-matriculated individual at Drexel University working in any of the following employment categories: co-op, work-study, graduate assistant, graduate research fellow, teaching assistant and resident assistant.

Temporary Staff is defined as full or part-time co-op, casual and per diem Employees working no more than 1000 hours over a 12-month period.

Volunteer is defined as an unpaid individual representing or providing services to Drexel for community service, civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. Volunteers subject to this policy also include unpaid individuals who are responsible for the welfare of a Minor or who have Direct Volunteer Contact with a Minor as defined in this policy.

GUIDELINES

  1. Background investigations are required for all new hires (individuals who are not current Employees of Drexel) as a condition of employment, after the offer is made. Employment will not commence until the results of the background investigation are cleared through Human Resources.
  2. Background investigations are conducted on current Employees who:
    1. transfer into a new position and that position has been identified as requiring an initial or updated background investigation; or
    2. hold a position whose job duties or responsibilities require an initial or updated background investigation.
  3. In addition to new hires and current Employees, background investigations will be required for any Volunteers, Independent Contractors and Non-Employee Associates affiliated with Drexel University, if that person’s services, role, duties or responsibilities for Drexel require an initial or updated background investigation. The services of Independent Contractors involving Direct Contact with Minors and Volunteer assignments involving Direct Volunteer Contact with Minors, will not commence until the results of the background investigation are cleared through Human Resources.
  4. If an Employee leaves the University and is re-hired to a position with the University within a year, a background check will not be required if a previous check was completed by Drexel. If an Employee leaves the University and is re-hired by the University more than a year later, a new background check will be required. Notwithstanding the foregoing, if the Employee is rehired and the position or job duties involve Direct Contact with Minors, the University may be required to conduct the background checks required by law as described in this policy.

    Background checks may include verification of information provided on the completed application for employment, résumé or on other forms used in the hiring process.
  5. Human Resources determines the scope and extent of the background investigation based upon the position, job responsibilities or services, and/or activities the person will do as an Employee or Volunteer for the University. At a minimum, a criminal history check in the state where the person resides or previously resided will be conducted. In addition, background checks may include any or all of the following:
    1. verification of Social Security number
    2. current and prior employment verification
    3. professional license verification
    4. education verification
    5. child or elder abuse registry
    6. reference checks
    7. drug and alcohol screening
    8. sexual offender registry
    9. motor vehicle record (see Risk Management, Automobile Policy)
    10. credit history check
    11. pre-employment drug screen (urinalysis)
    12. psychological and physical examinations
    13. Pennsylvania Child Abuse History Clearance
    14. Pennsylvania State Police Criminal Record Check (PATCH)
    15. FBI criminal check, including a fingerprint check
    16. name/alias check
    17. other checks as determined by Human Resources
  6. Faculty or Professional Staff Members including those affiliated with a collective bargaining unit), Student Workers, Temporary Staff, Non-Employee Associates, Finalist Candidates who have Direct Contact with a Minor, and Volunteers who have Direct Volunteer Contact with a Minor, will be subject to all PA Enhanced Background Certifications required by the Pennsylvania CPSL, as amended from time to time, in addition to all other background checks required for the position.
  7. Reporting Charges and Convictions

  8. In order to ensure the safety of the University community, all persons to whom this policy applies are required to report if they are charged with or convicted of any felony, or a misdemeanor offense involving violence or sexual misconduct, or if they are subject to a restraining or custody-removal order involving child abuse or exploitation, to the Vice President of Public Safety (or designee) within 72 hours after the arrest, conviction, or issuance of the restraining or removal order.

    Upon review of the arrest and/or conviction information, the University will conduct an investigation and convene a committee to determine whether adverse employment, or other appropriate, action is recommended. The review committee will include the Vice President of Human Resources, Vice President of Public Safety (or designee) and selected others on a limited and need to know basis.

    Noncompliance with the above-stated requirements, and/or misrepresentation of the circumstances relating to the events, may result in discipline, up to and including termination, loss of tenure (if applicable), revocation of a job offer, or loss of access to and privileges in the University.
  9. In the event that the University receives a notice from a consumer reporting agency that there is a substantial difference between the address for the person that the University provided to request the consumer report and the address in the reporting agency's file for that person, University personnel shall take steps to confirm that the consumer report relates to the person about whom it has requested the report. These steps shall include:
    1. Comparing the information in the consumer report to the information that the University:
      1. has obtained to verify the person’s identity;
      2. maintains in its own records, such as applications, or change of address notifications; or
      3. obtains from third party sources; or
    2. Verifying the information in the consumer report with the person to whom the report relates.
  10. The department, center, college or school that is hiring someone (or arranging for the services of a Volunteer, Independent Contractor (for PA Enhanced Background Certifications only) or Non-Employee Associate) is responsible for the costs associated with conducting background investigations. Before a background investigation is conducted, any person to whom this policy applies must sign a release form authorizing the background investigation and the release of information by former employers, educational institutions, or other organizations. Refusal to sign a release form eliminates the Finalist Candidate from further consideration for employment and, with respect to all others to whom this policy applies, may lead to disciplinary action, up to and including termination, loss of tenure (if applicable) or loss of access to and privileges in the University.

PROCEDURES

  1. All job postings for Faculty and Professional Staff Members will include a statement indicating that Finalist Candidates may be subject to a background investigation. Similarly, a Volunteer, Temporary Employee, Adjunct Faculty, Independent Contractor (for PA Enhanced Background Certifications only) or Non-Employee Associate who will provide any services to the University shall be informed that a background investigation may be done. Human Resources is responsible for initiating background check investigations after being notified of the offer by the hiring department.
  2. Temporary Employees hired through an outside agency must have a valid background check completed through their agency prior to the start of their assignment at Drexel. If a Faculty or Professional Staff Member is hired through an outside executive search firm (recruiter), Drexel will determine in the agreement with the firm or recruiter whether the search firm or recruiter will conduct the appropriate background check for the Finalist Candidate(s). Background checks conducted by an outside executive search firm (or recruiter) for any such Faculty and/or Professional Staff Member hired by Drexel may be acceptable if reviewed and cleared by Human Resources prior to the new Employee’s start date.
  3. The offer/appointment letter (or similar document, if any, for a Volunteer, Temporary Employee, Adjunct Faculty, Independent Contractor --for PA Enhanced Background Certifications only-- or Non-Employee Associate) shall include a statement that employment or services will not commence until the results of the background investigation are reviewed and cleared through Human Resources. In the event the offer letter or similar document, if any, omits this statement or if an offer letter is not required as in the case of a Volunteer, Temporary Employee, Independent Contractor (for PA Enhanced Background Certifications only) or Non-Employee Associate, it is still the policy of the University to require background investigations in accordance with this policy.
  4. Except for any individual who is subject to the PA Enhanced Background Certifications under Pennsylvania law (relating to having Direct Contact with Minors), and only under certain extenuating circumstances described below, employment may begin prior to the results of the background investigation being received and accepted. In these cases, the department would be responsible for submitting a "Request for Immediate Start" form to Human Resources for review and approval indicating the specific reason for the request. Requests for Immediate Start will only be considered based on the following criteria:
    1. Unexpected illness or unplanned absence of a current Faculty or Professional Staff Member that requires an immediate replacement (i.e. Temporary Employee or Adjunct Faculty)
    2. Immediate need to fill a position based on a safety or compliance issue;
    3. Immediate need to fill a research or clinical position related to patient care (if allowed by regulatory compliance), animal care or laboratory supervision;
    4. Urgent business need that could result in a financial issue or otherwise inhibit the University’s ability to deliver a significant service

      The"Request for Immediate Start" does not apply to PA Enhanced Background Certifications for employment or any volunteer assignment.
  5. If the Request for Immediate Start form is approved by Human Resources, the Finalist Candidate will be required to sign a statement acknowledging that he or she understands that the continuance of his or her employment is conditioned upon the University’s review and acceptance of the results of the background check investigation.
  6. Except as required by law, having a poor credit history or a criminal history, including being arrested or convicted of a crime, does not necessarily preclude employment. All information relating to the credit history and/or the criminal history is considered on a case-by-case basis, except where required by law. With regard to the criminal history, except as required by law, Drexel will consider multiple factors on a case-by-case basis, including, but not limited to, the nature of the crime and its relevance to the particular position and the time elapsed since the arrest or conviction, in making hiring decisions and other decisions with regard to persons who are covered by this policy. In addition, consideration will be given to the nature of the position involved, the job duties and responsibilities, and the implication for the general safety and security of the campus community as well as the security of University assets.
  7. If any negative information is obtained in a background investigation, it will be reviewed by the Background Check Review Committee whose members include the Vice President of Public Safety (or designee), the Vice President of Human Resources, and a representative from the Provost Office, with guidance from the Office of General Counsel. If applicable, a representative from a collective bargaining unit and/or the hiring department will be consulted during the review process. Except as required by law, an individualized assessment will be made based on the information and a final employment determination (or other decision regarding the person's relationship with the University) will be made.
  8. Should an adverse action be contemplated and/or taken because of the results of a background investigation on matters covered by the Fair Credit Reporting Act, the University will comply with the notice provisions of the Fair Credit Reporting Act. Human Resources will give the Finalist Candidate or other person to whom this policy applies a copy of the background investigation report by Human Resources and will be given an opportunity to admit, refute and/or correct any information provided in the report. A Notice of Adverse Action letter will be sent to the individual, informing the individual that Human Resources has made a final decision. This letter will be sent along with the “Summary of Your Rights under the Fair Credit Reporting Act.”
  9. Regardless of whether the Finalist Candidate (or other person to whom this policy applies) has commenced working or providing services, the University reserves the right at any time to rescind any offer of employment, or to take any other necessary action regarding the person’s relationship with the University, should the results of a background investigation be unacceptable to the University.

PENNSYLVANIA ENHANCED BACKGROUND CERTIFICATION PROCEDURES – DIRECT CONTACT WITH MINORS

The Pennsylvania state legislature enacted Act 153 of the Pennsylvania Child Protective Services Law (CPSL), effective December 31, 2014 and further amended by Act 15 (HB 1276), effective July 1, 2015. These amendments strengthened the CPSL by requiring colleges and universities to obtain specific background certifications for any individuals having Direct Contact or Direct Volunteer Contact with Minors (“PA Enhanced Background Certifications”) as determined by the individual’s duties and the nature of the position. In addition to the other procedures in this policy, the following procedures for PA Enhanced Background Certifications apply with regard to any paid position or any unpaid position for which the person will have responsibility for the welfare of a Minor or Direct Contact or Direct Volunteer Contact with a Minor, described as follows:

  1. any individual, 14 years or older, who applies for or holds a paid position with a Program, Activity or Service sponsored by the University as a person responsible for the Minor’s welfare or who will have Direct Contact with a Minor;
  2. notwithstanding the foregoing subsection, if the Program, Activity or Service is an internship, externship, work-study, co-op or similar program sponsored by Drexel, only the individual who is 18 years or older, who holds or applies for a paid position in that program who is identified by Drexel as the person responsible for a Minor’s welfare (e.g. as his/her supervisor) while the child participates in the internship, externship, work-study, co-op or similar program, must complete the required PA Enhanced Background Certifications. That individual also must be in the Immediate Vicinity at regular intervals with the Minor during the program.
  3. any Independent Contractor or Non-Employee Associate (except volunteers), who are 14 years or older, and whose duties for the University involve or will involve being responsible for the welfare of a Minor or Direct Contact with a Minor; or
  4. any adult Volunteer (18 years or older) whose volunteer assignment involves or will involve responsibility for the welfare of Minors, or Direct Volunteer Contact with Minors.

To comply with the PA Enhanced Background Certifications under Pennsylvania law, all Drexel Faculty, Professional Staff Members, including those affiliated with a collective bargaining unit, Student Workers, Volunteers, Temporary Staff, Finalist Candidates, and Non-Employee Associates who will who have Direct Contact with Minors, must undergo three specific clearances as part of the background check (or in addition to any background check previously conducted), as follows: (1) a Federal criminal history check based on FBI Fingerprint Check; (2) a Pennsylvania State Police Criminal Record Check; and (3) a Pennsylvania Child Abuse History Clearance.

An individual who applies for or holds a paid position as an employee who has Direct Contact with Minors who are (i) prospective students visiting a campus operated by Drexel University; or (ii) matriculated students who are enrolled with Drexel and are not dually-enrolled high school students, are not required to undergo the PA Enhanced Background Certifications.

  1. No new or existing Drexel University Faculty, Professional Staff Member, including those affiliated with a collective bargaining unit, Student Worker, Volunteer, Temporary Staff Member, and/or Non-Employee Associate who will have Direct Contact or Direct Volunteer Contact with a Minor will be permitted to have any contact with a Minor until the required PA Enhanced Background Certifications are completed, reviewed and cleared by Human Resources.
  2. Once completed, the PA Enhanced Background Certifications will be valid for 60 months (5 years) for any person maintaining Direct Contact or Direct Volunteer Contact with Minors. If necessary, new background certifications will be completed at that time.

Provisional Employment of 90 Days

There may be situations in which employment must begin before all of the results of the PA Enhanced Background Certifications are reviewed and cleared by Human Resources. In these situations, Drexel allows for “provisional employment” of a single period not to exceed 90 days for full-time Employees only under the following conditions:

  1. The individual has applied for the Federal criminal history record and FBI Fingerprint Check, the Pennsylvania State Police Criminal Record Check and the Pennsylvania Child Abuse History Clearance and provides Human Resources with the completed forms and records within the time frames required.
  2. Drexel has no knowledge of information pertaining to the individual which would disqualify the individual from employment based on the offenses stated in the CPSL, 23 Pa. C.S. Section 6344(c).
  3. The individual swears or affirms in writing (click here for form) that s/he has not been convicted of an offense similar in nature to those stated in the CPSL, Section 6344(c), entitled “Grounds for Denying Employment or Participation in Program, Activity or Service,” under the laws or former laws of the U.S. or one of its territories or possessions, another state, the District of Columbia, Puerto Rico or a foreign nation, or under a former law of Pennsylvania.
  4. Drexel requires that the individual not be permitted to work alone with Minors and that s/he work in the immediate vicinity of an Employee whose PA Enhanced Background Certifications have already been reviewed and cleared by Human Resources.
  5. If any or all of the PA Enhanced Background Certifications reveal(s) that the individual is disqualified from employment, s/he will be immediately terminated.

Volunteers (18 years and older)

Volunteers subject to this policy are required to undergo the PA Enhanced Background Certifications (namely the Federal criminal history/FBI Fingerprint Check, Pennsylvania State Police Criminal Record Check and Pennsylvania Child Abuse History Clearance). A Volunteer may be exempted from the FBI Fingerprint Certification requirement, only, if ALL of the following conditions are satisfied:

  1. The position is unpaid.
  2. The Volunteer has been a resident of Pennsylvania continuously during the previous 10-year period OR if not a resident of Pennsylvania during the entirety of the previous 10 year period, has obtained the FBI Fingerprint Certification at any time since establishing residency in Pennsylvania and provides a copy of the Certification results to the Human Resources department; and
  3. The Volunteer swears or affirms in writing (click here for form) that s/he has not been convicted of an offense similar in nature to those crimes stated in the CPSL Section 6344(c), “Grounds for Denying Employment or Participation in Program, Activity or Service,” under the laws or former laws of the U.S. or one of its territories or possessions, another state, the District of Columbia, Puerto Rico or a foreign nation, or under a former law of Pennsylvania.

Non-resident Volunteers

Volunteers who are not residents of Pennsylvania may serve on a provisional basis for a total of only 30 days in a calendar year if the Volunteer is in compliance with the clearance standards of the jurisdiction where he/she is domiciled.  The nonresident Volunteer must provide Drexel with documentation of the required background certifications from their state of domicile.

Minor Volunteers

Minor volunteers between 14 and 17 years of age are exempt from the PA Enhanced Background Certifications.

Student Volunteers

A Drexel student who volunteers for the University is not required to obtain the PA Enhanced Background Certifications if ALL of the following apply:

  1. The individual is currently enrolled in the University.
  2. The individual is not a person responsible for the Child(ren)’s welfare.
  3. The individual is volunteering for an event that occurs on Drexel’s campus.
  4. The event is sponsored by Drexel.
  5. The event is not for Children who are in the care of a child-care service.

Minors as Employees

An individual between 14 and 17 years of age who applies for or holds a paid position as an employee with Direct Contact with a Minor(s) through a Program, Activity or Service is required to undergo the PA Enhanced Background Certifications prior to the commencement of employment or provision of services. Notwithstanding the foregoing, the Minor individual who holds or applies for a paid position as an employee may be exempted from the FBI Fingerprint Certification requirement, only, if ALL of the following conditions are satisfied:

  1. The individual has been a resident of Pennsylvania continuously during the previous 10-year period or, if not a resident of Pennsylvania during the entirety of the previous 10-year period, has obtained the FBI Fingerprint Certification at any time since establishing residency in Pennsylvania and provides a copy of the Certification results to the Human Resources department.
  2. The individual and the individual's parent or legal guardian swears or affirms in writing that the individual has not been convicted of an offense similar in nature to those crimes stated in Section 6344(c) of the CPSL, entitled “Grounds for Denying Employment or Participation in Program, Activity or Service,” under the laws or former laws of the U.S. or one of its territories or possessions, another state, the District of Columbia, Puerto Rico or a foreign nation, or under a former law of Pennsylvania.

Exchange Visitors (J-1 Visa holders)

An individual in possession of a non-immigrant J-1 visa who has Direct Contact with Minors is not required to undergo the PA Enhanced Background Certifications if ALL of the following conditions are satisfied:

  1. The individual is applying for or holds a paid position with a Program, Activity or Service for a period not exceeding a total of 90 days in a calendar year;
  2. The individual has not been employed previously in Pennsylvania or another state, the District of Columbia, or Puerto Rico; and
  3. The individual swears or affirms in writing that s/he has not been convicted of an offense similar in nature to those crimes stated in Section 6344(c) of the CPSL, entitled “Grounds for Denying Employment or Volunteer Assignment or Participation in Program, Activity or Service – Direct Contact with Minors,” under the laws or former laws of the U.S. or one of its territories or possessions, another state, the District of Columbia, Puerto Rico or a foreign nation, or under a former law of Pennsylvania.

Independent Contractors

Any Independent Contractor involved in a Program, Activity or Service in which s/he will have Direct Contact with a Minor must provide evidence that the PA Enhanced Background Certifications have been completed, or the required PA Enhanced Background Certifications will be completed as outlined in this policy.

Portability of Certifications (Completed PA Enhanced Background Certifications)

Volunteers: Any individual who has obtained the required PA Enhanced Background Certifications may serve in a volunteer capacity for any Program, Activity or Service at Drexel University during the length of time the certifications are valid under the law (currently, 60 months from the date of the certification). Unexpired volunteer certifications obtained pursuant to the CPSL through other organizations are transferable to the University. Such volunteer certifications must be presented to Drexel’s Human Resources Department for review and approval. If approved by Human Resources, the volunteer certifications will be valid for the duration of the remaining certification period. A volunteer certification cannot be used for any employment at Drexel.

Any Faculty Member, Professional Staff Member, Student Worker, and Temporary Staff Member who has obtained the required PA Enhanced Background Certifications may serve in any employment capacity or volunteer assignment for any Program, Activity or Service at (or sponsored by) Drexel University during the length of time the Certifications are valid under the law (60 months from the date of certification). Unexpired employee Certifications obtained pursuant to the CPSL through other organizations or another employer are transferable to the University. Such employee Certifications must be presented to Drexel’s Human Resources Department for review and approval. If approved by Human Resources, the employee Certifications will be valid for the remaining duration of the certification period. Applicants or any existing Faculty or Professional Staff (or Independent Contractor) who previously obtained a volunteer certification may not use such certification for employment purposes or any paid position with a Program, Activity or Service.

In addition, in order to transfer the current PA Enhanced Background Certifications for employment (or a paid position with a Program, Activity or Service), the individual must also swear or affirm in writing that s/he has not been convicted of an offense similar in nature to those crimes stated in the CPSL, Section 6344(c), entitled “Grounds for Denying Employment or Participation in Program, Activity or Service,” under the laws or former laws of the U.S. or one of its territories or possessions, another state, the District of Columbia, Puerto Rico or a foreign nation, or under a former law of Pennsylvania.

Recertification

PA Enhanced Background Certifications are valid for 60 months (5 years). Any Employee, Independent Contractor, Non-Employee Associate or Volunteer who has a current required PA Enhanced Background Certifications is required to obtain a new PA Enhanced Background Certification no later than 5 years from the date of the oldest certification. If any Employee, Independent Contractor, Non-Employee Associate or Volunteer does not have all of the required PA Enhanced Background Certifications, or the Certifications are older than 5 years, he or she must obtain the required PA Enhanced Background Certifications before he or she may begin or continue his or her employment or volunteer assignment.

Grounds for Denying Employment or Volunteer Assignment or Participation in Program, Activity or Service – Direct Contact with Minors

As required by the CPSL, 23 Pa. C.S. Section 6344(c), Drexel will not approve an individual for employment, or, as applicable, any Volunteer for a volunteer assignment or an Independent Contractor for a Program, Activity or Service provided to Drexel, where the Pennsylvania Department of Human Services has verified that the individual is named in the Statewide Child Abuse database as the perpetrator of a Founded Report committed within the five-year period immediately preceding the PA Enhanced Background Certification.

Pursuant to the CPSL, Drexel will not approve an individual for employment, or, as applicable, any Volunteer for a volunteer assignment or an Independent Contractor for a Program, Activity or Service provided to Drexel, if the criminal history record information indicates the individual has been convicted of a felony offense under the Act of April 14, 1972 (P.L.233, No.64), known as “The Controlled Substance, Drug, Device and Cosmetic Act”, committed within the five-year period immediately preceding verification (the background check).

As required by the CPSL, 23 Pa. C.S. Section 6344(c), Drexel will not approve an individual for employment, or, as applicable, any Volunteer for a volunteer assignment or an Independent Contractor for a Program, Activity or Service provided to Drexel, if the criminal history record information indicates the individual has been convicted of one or more of the following offenses under Title 18, Pennsylvania Statutes (relating to crimes and offenses) or an equivalent crime under Federal law or the law of another state:

  • Chapter 25 (relating to criminal homicide)
  • Section 2702 (relating to aggravated assault)
  • Section 2709.1 (relating to stalking)
  • Section 2901 (relating to kidnapping)
  • Section 2902 (relating to unlawful restraint)
  • Section 3121 (relating to rape)
  • Section 3122.1 (relating to statutory sexual assault)
  • Section 3123 (relating to involuntary deviate sexual intercourse)
  • Section 3124.1 (relating to sexual assault)
  • Section 3125 (relating to aggravated indecent assault)
  • Section 3126 (relating to indecent assault)
  • Section 3127 (relating to indecent exposure)
  • Section 4302 (relating to incest)
  • Section 4303 (relating to concealing death of child)
  • Section 4304 (relating to endangering welfare of children)
  • Section 4305 (relating to dealing in infant children)
  • A felony offense under section 5902(b) (relating to prostitution and related offenses)
  • Section 5903(c) or (d) (relating to obscene and other sexual materials and performances)
  • Section 6301 (relating to corruption of minors)
  • Section 6312 (relating to sexual abuse of children)
  • The attempt, solicitation or conspiracy to commit any of these offenses

Notice of Arrest or Conviction or Listing on Statewide Database for Child Abuse

An Employee Volunteer or Independent Contractor of Drexel subject to this policy and the PA Enhanced Background Certifications under the CPSL who is: (i) arrested for, or convicted of, an offense identified in this section that would constitute grounds for denying employment or a volunteer assignment or participation in a Program, Activity or Service, or (ii) named as a Perpetrator in a Founded or Indicated Child Abuse report, must provide the Vice President of Public Safety (or designee) with written notice of the changes in his/her clearance status within 72 hours after the arrest, conviction or receipt of notification that the person has been listed as a Perpetrator in the Pennsylvania Statewide database.

Grounds for Obtaining New Background Certification

If Drexel has a reasonable belief that an Employee or Volunteer or Independent Contractor was arrested or convicted for an offense that would constitute grounds for denying employment, or a volunteer assignment or participation in a Program, Activity or Service under Title 18 of the Pennsylvania statutes as listed above, or a felony offense under the Act of April 14, 1972 (P.L.233, No.64), known as “The Controlled Substance, Drug, Device and Cosmetic Act or was named as a Perpetrator in a Founded or Indicated Child Abuse report, or if the Employee or Volunteer has provided notice of the changes in his/her clearance status as required, Drexel will immediately require the Employee or Volunteer or Independent Contractor to obtain new, PA Enhanced Background Certifications, the cost of which will be paid by the University pursuant to the CPSL.

Any Employee or Volunteer or Independent Contractor who willfully fails to disclose the changes in his/her clearance status and/or fails to provide Certifications as stated above upon request shall be subject to discipline up to and including denial of employment or volunteer position or termination of any services provided and, in addition, may be charged with a misdemeanor of the third degree as prescribed by the CPSL as amended from time to time.

AT-WILL EMPLOYMENT NOT AFFECTED

Notwithstanding anything to the contrary stated in this policy, nothing herein is intended to alter the at-will status of any non-tenured Faculty or Professional Staff Member. Drexel University at all times retains the right to terminate any non-tenured Faculty or Professional Staff Member at any time for any lawful reason, or for no reason at all.