1. Background Checks CUHRE_APAC 2019 Conference

2. Topics for the Evolving World of Background Checks
Effect of the Change in Florida Statute Section
Designation of Position as Special Trust or Responsibility or Sensitive Location
Application of Other Parts of Chapter 435
Effect of the Statutory Change and the Adverse Action Process
Procedures-VECHS
Procedures-Non-VECHS National Criminal History ORI
Procedures-Clearinghouse

3. Effect of the Change in Florida Statute Section 110.1127
Senate Bill 7014
Updates Florida Statute (FS) as of July 1st
Allows Florida colleges and universities to conduct criminal history record checks on specific staff
Section 1: Designate positions that require Level 1 background screening in accordance to Chapter 435
Section 2: Designate positions of special trust, responsibility, and/or sensitive location that require Level 2 in accordance to Chapter 435
Provide Chapter 435 list as a handout

4. Designation of Position as Special Trust or Responsibility or Sensitive Location
Definition
FS allows for each agency to determine which positions are considered special trust or responsibility or sensitive location
Each college/university designates positions of special trust position, responsibility, or sensitive location

5. Application of Other Parts of Chapter 435
F.S requires the following:
Must submit screening info to FDLE w/in 5 working days of receipt for Levels 1 & 2
Applicant must submit any missing criminal or other necessary info upon request w/in 30 days
Every employee must attest, under penalty of perjury, to meeting the requirements qualifying for employment
Every employee must agree to inform employer immediately if arrested for any Chapter 435 offenses while employed
Every employer licensed/registered with agency must attest annually or at renewal compliance with Chapter 435
Note that the employee attestation is when an employee and not an application.. Need to think about where this would be included in the process.

6. Effect of the Statutory Change on the Adverse Action Process
Fair Credit Reporting Act and the Equal Employment Opportunity Commission (EEOC) give shape to the adverse action process
Part of the adverse action process is the individualized assessment
If an applicant has a Chapter 435 “hit,” should the individualized assessment be conducted?
Yes because of the EEOC guidelines
Yes because of exemption from disqualification requires contained in FS
The answer is yes for 2 reasons. The EEOC does NOT consider state law required exclusions as a way to avoid Title VII liability. The exclusionary practices must be job related & consistent with business necessity. Should also periodically review the results for potential disparate impact and correct as necessary.
Second go to next slide

7. FS 435.07 Exemptions from Disqualification for Employment Process
Applicant/employee can request an exemption from being disqualified under Chapter 435
Person must demonstrate by clear & convincing evidence that shouldn’t be disqualified pursuant to FS (1)(a) criteria
Person must show rehabilitation pursuant to the statutory criteria
Agency may consider subsequent arrests for any crime when deciding about the employee’s rehabilitation
Decision regarding the exemption may be contested through a Chapter 120 administrative hearing
Standard of review is whether agency abused its discretion
Employees seeking an exemption have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if employment or continued employment is allowed.

8. Procedures-VECHS Volunteers & Employee Criminal History System (VECHS)
State and National Criminal History Record information provided by Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI)
Only used for positions that offer care or care placement services specifically to children, the elderly, or the disabled as defined in Florida Statute
Not to be used for criminal history record checks under other statutory provision (i.e., daycares, summer camps)
VECHS Program
Must apply for an account and be approved (Employee and Volunteer ORI)
Account termination and reinstatement since July 1st
Failure to abide by pre-existing rules and regulations established by state and federal law, including regulations and requirements presented during the application process, may result in federal and/or state action against the account holder(s).

9. Procedures-Non-VECHS National Criminal History ORI
National criminal history information provided from the FBI (FBI ORI)
Different than the VECHS account
Must apply to the FDLE Deputy Director

10. DCF Clearinghouse Process
Background checks administered by the Agency for Health Care Administration (AHCA)
FS Chapter 408 Part II
For those who provide services to children, the elderly, and disabled individuals
Childcare centers
Summer Camps
Health Care Clinics

11. Next Steps Things to changes and/or update
Background Check Policy and Procedures
Define Special Trust or Responsibility or Special Location Positions
Address Employee’s continuing obligation to disclose arrests
Fingerprint Accounts
VECHS
Account termination and new account approval/creation
Non-VECHS accounts
FL State Only
National Criminal History
Clearinghouse Process

12. FL SUS Background Check Group
Level/Title
Name
FAMU
Director
Sandi Smith-Anderson
Coordinator
Walter Leslie
FAU
Manager
Veronica Brokate
FGCU
Asst Dir
Kathleen Nagle-Roides
FIU
Gail Hansen
BGC Coordinator
Monica Reyes
Emmanuele Archange Bowles
FPU
Assoc. Director
Deane Doll
FSU
BGC Manager
Andrew Kapec
HR Specialist
Ashlee Wright
NCF
Ronald Hambrick
UCF
Assoc Dir
Millicent Downer
Renee Grigor
Tal Acq Mngr
Jaclyn Velez UF
John Sun
UNF
Carrie Guth
Calena Gray
Stefanie Levine
USF
Cerise Mullings
UWF
April Harvey
Mary Claridge