53B-1-110 - Criminal background checks of prospective and existing employees of higher education institutions -- Board to adopt policy.
53B-1-110. Criminal background checks of prospective and existing employees ofhigher education institutions -- Board to adopt policy.
(1) As used in this section:
(a) "Institution" means an institution listed in Section 53B-1-102.
(b) "Minor" means a person younger than 21 years of age.
(2) The board shall adopt a policy providing for criminal background checks of:
(a) prospective employees of institutions; and
(b) existing employees of institutions, where reasonable cause exists.
(3) (a) The policy shall require that:
(i) an applicant for any position that involves significant contact with minors or anyposition considered to be security sensitive by the board or its designee shall submit to a criminalbackground check as a condition of employment; and
(ii) an existing employee submit to a criminal background check, where reasonable causeexists.
(b) Subsection (3)(a)(i) does not apply to adjunct faculty positions.
(c) The policy may allow or require applicants for positions other than those described inSubsection (3)(a)(i) to submit to a criminal background check as a condition of employment.
(d) The policy may allow criminal background checks for new employees to be phased inover a two-year period.
(4) The applicant or employee shall receive written notice that the background check hasbeen requested.
(5) Each applicant or employee subject to a criminal background check under this sectionshall, if required by the institution:
(a) be fingerprinted; and
(b) consent to a fingerprint background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(6) (a) Institutions may request the Utah Bureau of Criminal Identification to conductcriminal background checks of prospective employees and, where reasonable cause exists,existing employees pursuant to board policy.
(b) At the request of an institution, the Utah Bureau of Criminal Identification shall:
(i) release the individual's full record of criminal convictions to the administratorrequesting the information; and
(ii) seek additional information from regional or national criminal data files inresponding to inquiries under this section.
(c) Information received by the Utah Bureau of Criminal Identification from entitiesother than agencies or political subdivisions of the state may not be released to a private entityunless the release is permissible under applicable laws or regulations of the entity providing theinformation.
(d) Except as provided in Subsection (7), the institution shall pay the cost of backgroundchecks conducted by the Utah Bureau of Criminal Identification, and the money collected shallbe credited to the Utah Bureau of Criminal Identification to offset its expenses.
(7) The board may by policy require an applicant to pay the costs of a criminalbackground check as a condition of employment.
(8) The applicant or employee shall have an opportunity to respond to any information
received as a result of the criminal background check.
(9) If a person is denied employment or is dismissed from employment because ofinformation obtained through a criminal background check, the person shall receive writtennotice of the reasons for denial or dismissal and have an opportunity to respond to the reasonsunder procedures established by the board in policy.
Enacted by Chapter 248, 2007 General Session