4.6 – Criminal Background Checks
Part 1: Criminal Background Check Policy Statement. It is the policy of Lake Superior College to conduct a criminal background check on the successful job applicant, and, in certain cases, student worker applicant, prior to making a firm offer of employment or approving a volunteer appointment.
Prior to making a firm offer of employment, Human Resources will conduct a criminal background check and evaluate the results of the criminal background check as prescribed by Minnesota Statutes 364.03 and determine whether to further consider the applicant for employment. In evaluating the results of the criminal background check, Human Resources will first determine whether the applicant has a criminal conviction. If the applicant has a criminal conviction, Human Resources will determine whether the criminal conviction directly relates to the position sought.
If there is not a direct relationship between the criminal conviction and the position sought, Human Resources shall not disqualify the applicant solely or in part because of the prior conviction.
If there is a direct relationship between the criminal conviction and the position sought, before disqualifying the applicant, Human Resources will first evaluate the applicant’s evidence of rehabilitation and fitness to perform the duties of the position sought before making a final determination.
Part 2: Background. It is the policy of Lake Superior College to provide employment opportunities to any qualified person. This includes encouraging and contributing to the rehabilitation of criminal offenders and assisting them in the resumption of the responsibilities of citizenship. The college is also responsible for providing a safe environment for employees and customers and protecting and safeguarding the agency’s financial, physical and intellectual assets. To ensure both of these responsibilities are met, Human Resources will conduct criminal background checks on all new hires. Information obtained from such checks will be evaluated within the parameters of Minnesota Statutes Chapter 364 Criminal Offenders, Rehabilitation, which outlines conditions under which persons with criminal convictions may be granted or denied employment. Violating the rights established in Minnesota Statutes Chapter 364 constitutes a violation of a person’s civil rights. The goal of this policy and guideline is to provide a consistent approach to conducting criminal background checks on all new employees and to comply with Minnesota Statutes Chapter 364.
Related Laws and Policies: Criminal Offenders Rehabilitation (Minnesota Statutes Chapter 364) Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13).
Date Implemented: July 1, 2008