Background Check Procedures
Criminal Background Check Procedures for Potential and Current Classified and Unclassified Employment at Minnesota State University, Mankato:
- These procedures shall determine the process for conducting criminal background checks for employment in positions covered under
- Minnesota Statutes 299C.66 to 299C.71 – Kari Koskinen Manager Background Check Act,
- Minnesota Statutes 326.336, Subdivision 1 – Security Officer Checks,
- Minnesota Statutes 299C.60 to 299C.64 – Minnesota Child Protection Background Check Act, and
- Minnesota Statutes 604.20 – Action for Sexual Exploitation; Psychotherapists
Pursuant to Chapter 364 of the Minnesota Statutes, no person may be disqualified from employment with the University solely, or in part, because of a prior conviction of a crime or crimes unless the crime or crimes for which the individual was convicted directly relate to the position of employment sought. Background check results will be reviewed in accordance with the applicable Minnesota Statute(s).
- Application process - Individuals shall be made aware of the background check procedures during the application process if the position sought requires such a check. Background checks will be completed prior to making a written offer of employment. Current employees who are seeking to transfer or bid on a covered position and fail the background check will not be allowed to exercise bidding rights, or to accept reassignment to a covered position.
- Securing consent to conduct the background check from the applicant and/or employee - The hiring manager, together with Human Resources, is responsible for ensuring that the appropriate Background Check Data Privacy Notice is completed and kept on file in Human Resources. No background check may be requested or submitted until this form is completed. If the applicant/employee refuses to sign the applicable Background Check Data Privacy Notice, no further consideration for employment will be given to this individual.
- Rights of the applicant/employee - Rights vary according to the applicable background check. Applicant should review the provided background check form thoroughly, noting their rights, before signing.
- Conducting the background check - Human Resources at Minnesota State University, Mankato will not directly perform criminal background checks, with the exception of Minnesota Statutes 604.20 – Action for Sexual Exploitation; Psychotherapists. Upon receipt of all other Background Check Data Privacy Notice(s), Human Resources will submit them to the Security Department at Minnesota State University, Mankato. The Security Department will then send the consent form, and fingerprint cards if required, to the Minnesota Bureau of Criminal Apprehension for processing. Please note, finger print-cards and a Federal background check may be required under some of the above listed checks. Please allow approximately two (2) to four (4) weeks for Federal background checks and one (1) to two (2) weeks for State background checks.
- Review and determination of criminal background check results - Human Resources will have access to the information provided by the Bureau of Criminal Apprehension and Federal Bureau of Investigation, when applicable, and will inform the hiring manager whether an applicant/employee is or is not precluded from employment in the position sought. Because of privacy restrictions, Human Resources will review and evaluate all information obtained in the background investigation. In assessing a record of criminal conviction(s), the decision will be made based on any preclusions set forth by the applicable background check(s).
- Cost of criminal background checks - When requesting a background check through Human Resources, the hiring manager will provide the cost center to which the cost for the background check is to be charged. All background check costs will be charged back to the requesting/hiring department.
- Record retention - Human Resources will serve as the custodian of the records for background investigation results on applicants for Classified and Unclassified employment, as well as current Classified and Unclassified employees. Results on applicants who become employees, as well as on current employees, will be kept in a confidential file in Human Resources, and are not subject to public disclosure. These records will be maintained in accordance with applicable retention schedules.
