3000-1-4 Required Background Check

Policy

1. This policy applies to all current college employees, potential employees with conditional offers, volunteers and service providers.
2. The Human Resources Department will maintain a current list of positions and assignments requiring a criminal record check. See Appendix A
3. The senior manager of the department in consultation with the immediate manager of the department, and the Human Resources department, will assess risk and trust related factors to determine positions with criminal record check requirements. Additionally, they will identify the check to be conducted as a condition of hire or as a condition of assignment to particular duties.
4. The Director of Human Resources, or designate, will review any applicable criminal record checks and determine the results and how they might impact employment
5. The job description and any advertisement associated with all positions designated to have a criminal record check requirement shall indicate that: “In accordance with the Lambton College Required Criminal Record Check policy, this position requires that individuals provide, at their own cost, the appropriate record check as a condition of employment. The College reserves the discretion to determine if and how it addresses any adverse information in a criminal record report.”
6. Once the hiring manager identifies the preferred candidate for employment, the individual will be asked to initiate the process for obtaining the required criminal record check. The hiring manager will provide the candidate with an offer of employment conditional on the completion of a satisfactory criminal record check, as determined by the college based on positional requirements.
7. Conditional offers of employment will clearly state that the College reserves the discretion to determine how adverse information in the criminal record check report will be addressed, based on its relevance to the requirements of the position.
8. Individuals who are not current employees of the College applying for employment are responsible for applying for and paying the costs of the criminal record check, and for submitting the results to the Human Resources department.
9. For current employees of the college requiring a new or refreshed criminal records check, the costs will be paid for by the department of the position requiring the criminal record check.
10. Individuals who fail to provide the criminal record check, within the communicated timeframe as indicated in the offer letter, will cease to be considered for the role for which they applied.
11. The College reserves the discretion to determine how it addresses any adverse information contained in the results of any criminal record check, and how employment status may be impacted.
12. The College will assess results with a view to meeting its duties and interests, and any applicable obligations under the Human Rights Code of Ontario and the Respectful College Community policy.
13. Individuals will not be placed in the role for which they are being considered until the identified and required criminal record check report(s) has been received and reviewed by the Director of Human Resources or designate.
14. Employees may be required to provide a new criminal record check at regular intervals or:
    1. when circumstances or requirements change necessitating a current criminal record check (e.g. a partner imposes new requirement for their site)
    2. a need is identified by the department manager and confirmed by the senior manager in consultation with the Director of Human Resources or designate.
15. Should an employee in a position for which a criminal record check is required be charged with criminal offence while employed at the College, they are required to disclose that information to the Director of Human Resources or designate.
16. The Human Resources department is responsible for receiving and safeguarding criminal record reports that are submitted as part of this process. These reports will be retained consistent with the College Record Retention Policy (1000-1-3).

Definitions

Criminal Records Check

A check of the Canadian Police Information Centre database for unpardoned criminal convictions.

Criminal Record & Judicial Matters Check

In addition to the information provided in the Criminal Records Check, this check identifies recent offences for which an absolute or conditional discharge has resulted, outstanding charges or warrants and court orders (restrictions).

Vulnerable Sector Check

In addition to the information provided in the Criminal Record and Judicial Matters Check, the vulnerable sector check identifies criminal charges that resulted in a finding of not criminally responsible on account of mental disorder (with restrictions), and whether or not an individual has a sexual offence recorded in their name in Canada for which a pardon has been granted or issued. Required for positions that require significant or unsupervised contact with individuals less than 18 years of age, elderly persons and persons with disabilities.

Background Check

In this policy, the term is used to refer generally to any or all of a Criminal Records Check, A Criminal Record and Judicial Matters Check and a Vulnerable Sector Check.

Senior Manager

The College manager at the Executive level responsible for the relevant department or function.

Immediate Manger with “Hiring Manager”

The College manager whom the employee will report into. Interchangeable with “Hiring Manager”.

Appendix A