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  1. #1
    Join Date
    Oct 2012
    Posts
    14

    Question Background Check for College Faculty and Staff

    My question involves labor and employment law for the state of: California

    The college I am working at is reviewing the employee background screening process, particularly in relation to mandating the background check for members of faculty and requiring a background check for all faculty and staff working with minors. Unfortunately, I am having a difficulty tracking down legal references that would validate individual pre-employment requirements for a background check for new faculty members.

    I am looking for actual California Code sections dealing with a learning instituation having a right to enforce a background check, in case a member of faculty cries discrimination and intrusion of privacy while we in the administration want to prevent sexual harrasement for the students (older than 18) and prevent molestation of a minor (we offer weekend classes for school aged children).

    Does a particular law exist to enforce a college's right for a background check for each of the following:

    • Criminal background screening is conducted prior to and as a condition of employment for all staff and faculty
    • Criminal background screening is conducted prior to and as a condition of employment for all part-time faculty
    • Criminal background screening is required for all faculty, staff and volunteers assigned to work in a program designed specifically for minors


    Thank you all very much in advance for your help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Background Check for College Faculty and Staff

    You've got the stick the wrong way round. An action is legal unless a specific law is enacted to say that it's not. So the question is not whether any laws give the college permission to run these checks; the question is whether there is a law that says they can't.

    Can YOU show us a law that says they are not permitted to run these checks? If you can't, then permission is assumed.

  3. #3
    Join Date
    Oct 2012
    Posts
    14

    Default Re: Background Check for College Faculty and Staff

    Quote Quoting cbg
    View Post
    Can YOU show us a law that says they are not permitted to run these checks? If you can't, then permission is assumed.
    I really like this approach, and this is exactly how we have been proceeding up until now, but I wonder if I can take it one step further, and find proof that a college is compelled by law to perform the background checks. This way we surpass the due dilligence process and declare that a college can be held legally liable if we do not follow the procedure. I am particularly concerned about making the screening for staff and faculty working with minors an ironclad requirement, not to be questioned.

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