Background Check Procedure

Title

University of North Carolina at Chapel Hill Background Check Procedure

Introduction

Purpose

This procedure sets out the process for requesting and initiating background checks in accordance with the University’s Policy on Background Checks for Faculty, Non-Faculty Employees, Student Employees, and Affiliates (“Policy”).

This procedure will be applied and interpreted consistently with applicable law.

Scope

This procedure applies to all appointing supervisors and campus representatives who are responsible for ensuring that covered individuals selected for employment, paid/unpaid appointments, and volunteer opportunities according to the University's background check policy, provide the information necessary for the University to conduct appropriate background checks. The Background Check unit of the Office of Human Resources (OHR) conducts background checks appropriate to the appointment and forwards the results as described within this procedure.

With regard to Centers for Disease Control/United States Department of Agriculture (CDC/USDA) select agent requirements, background check procedures dealing with the use of devices containing large quantities of radionuclides for research purposes are handled separately through the University's Environment, Health and Safety Radiation Safety Office. Those procedures are documented in the "UNC Enhanced Security Program for Radioactive Materials Quantities of Concern" which is required to be withheld from public disclosure under North Carolina General Statute (N.C.G.S.) 104E-9(a)(4).

Procedure

Collecting Candidate/Appointee Information

Pursuant to North Carolina Session Law 2013-53, if a background check is required (see the Policy’s criteria for background check requirements section), any State entity requesting disclosure of information concerning any arrest, criminal charge or criminal conviction of the applicant must first advise the applicant that State law allows the applicant to not disclose any arrest, charge or conviction that has been expunged.

If a hire or appointment is deemed to be time-sensitive, an appointing department may choose (but is not required) to request a background check for more than one candidate after interviews have been completed and in advance of a final selection. A background check should only be conducted on the top one or two candidates for a position.

All data collected for the background check is maintained in compliance with the Information Classification Standard and Information Security Controls Standard.

Initiating a Background Check Request

The appointing department submits a background check request to their assigned department background check initiator to submit a background check for the candidate/appointee by completing a background check ePAR. Upon receipt, the OHR Background Check unit:

1. Sends an email invitation to the candidate/appointee to complete the background check questionnaire,

2. Selects the background check package,

3. Sends the background check request to the university's background check vendor,

4. Evaluates the background check results and conducts an individualized assessment when appropriate, and

5. Completes the background check.

The department background check initiator is responsible for completing all required fields and including the person ID (if one exists) on the background check ePAR. For any covered individual participating in the CDC/USDA Tier 1 Select Agent program, the department background check initiator must indicate "CDC Select Agent" under the "Special Category" field on the ePAR. Please note that chartfield account, fund, and source numbers are required for all background check requests. Refer to the appointing school or division's specific instructions concerning the use of the chartfield program and cost codes.

The department background check initiator is responsible for following up with the candidate/appointee as needed to ensure the background check questionnaire is completed in a timely manner. Failure to provide essential information and/or accurate information will result in delays in the background check process. Refer to the background check quick reference cards (QRCs) located in the HR Community Toolkit for step-by-step instructions.

Use of Previous Background Check Results

If a background check has been completed within the last twelve (12) months, the results may be used for a subsequent position or appointment if the background check meets the criteria of the new position or appointment. If it does not meet the criteria for the new position, additional background check components must be completed.

The Background Check unit will assess whether or not the previous background check results are valid based on the requirements of the new position/appointment (e.g. driving, professional license verification, degree verification, and/or federal debarment checks, when applicable).

Once the results are evaluated, the Background Check unit will complete the background check summary and upload the degree and/or professional licensure verification (when applicable) in ConnectCarolina.

Conducting the Background Check

Once the University's background check service provider receives the background check request, the following background checks will be conducted:

• A residency history and social security trace (includes Social Security Administration Death Master File search); and
• A criminal convictions check for applicable municipal and state jurisdictions in which the covered individual has lived within the last seven (7) years (results reported by the consumer reporting agency beyond this time frame may be considered); and
• A criminal convictions check of federal court records; and
• A national sex-offender registry check; and
• A check of applicable federal debarment databases (System for Award Management and Office of Inspector General) for covered individuals in paid appointments (if applicable); and
• An education credential verification in all cases; and
• A professional license verification for any covered individual whose position requires a professional license (if applicable); and
• A driver's license record verification of applicable state motor-vehicle licensing agencies for any covered individual whose formal duties include driving (if applicable)

Driver's License Check

The University has incorporated a mandatory driver's license check as part of the background check for covered individuals for whom driving is an essential function of their duties, or who could be reasonably expected to drive a University or State-owned vehicle while performing those duties.

This requirement does not apply to individuals who may routinely drive their own vehicles to meetings or events while performing their duties in the course of their jobs.

Federal Debarment Check

The University conducts a federal debarment check through the System for Award Management (SAM) and Office of Inspector General (OIG) exclusion databases as part of the background check process for all candidates for paid appointments. Individuals in unpaid appointments are excluded from the federal debarment check.

Under the Federal Acquisition Regulation, the University may not employ an individual who is currently debarred from employment with a federal contractor. If the background check reveals that an individual is currently debarred from employment with a federal contractor, OHR will notify the appointing department head and the school or division Human Resources Officer, secondary contact or the Human Resources Officer's designee.

Education and Professional Credentials

North Carolina General Statutes (N.C.G.S. 126-30 and 14-122.1), North Carolina Administrative Code (25 N.C.A.C. 01H .0637), Office of State Human Resources Selection of Applicants Policy, UNC System Office Policy Code 300.2.3[R], and the University's Recruitment and Hiring Policy require the verification of education and professional credentials within ninety (90) calendar days of the initial date of employment.

Further, these laws and policies require disciplinary action up to and including termination of employment if false or misleading information is discovered.

Credentials that require verification are:

• The highest post-secondary degree in all cases; and
• Any professional license, registration or certification, indicated on the selected candidate's Application for Staff Employment, used to qualify the candidate, set the salary and/or as required by regulation for the position

An individual may be appointed as a Postdoctoral Scholar if they have completed all of the requirements for a doctorate (or equivalent terminal degree) before their Postdoctoral Scholar appointment begins even if the degree has not yet been formally conferred. For more information, refer to the Postdoctoral Scholar Policy.

For more information about U.S. and international degree verification requirements, refer to the applicable section below.

U.S. Degrees

If an employee or appointee obtained their highest post-secondary degree from an accredited U.S. educational institution, the background check unit completes the degree verification within 90 days of the initial date of employment. The verification is typically completed through the National Student Clearinghouse. If the educational institution does not participate in the Clearinghouse, then the degree may be verified through the background check vendor, another third-party verification service or Registrar's office.

When necessary, the employee may be required to provide additional information, documentation and/or provide a signed release for the University to complete the verification.

International Degrees

If an employee or appointee completed their education outside of the U.S. and its territories, they must have their highest post-secondary academic degree evaluated and validated as being equivalent to a Baccalaureate, Master's, or Doctoral degree confirmed by a regionally accredited college or university in the United States.

The international credential evaluation must be completed by an agency that performs credential evaluation services and is credited by of one of the following accreditation bodies:

• National Association of Credential Evaluation Services (NACES)
• Association of International Credential Evaluators, Inc. (AICE)

Credential evaluation services vary in cost depending on the complexity of the analysis and the amount and type of documentation available. Employees/appointees typically pay the cost for this service. Employees should contact these organizations for current information, procedures, and cost. UNC-Chapel Hill does not endorse any one service or agency.

The employee is responsible for obtaining a validation of the U.S. degree equivalency through an accredited credential evaluation services agency. The appointing department is responsible for ensuring that the employee obtains an evaluation from a NACES or AICE accredited credential evaluation agency and submitting a copy of the validation to the OHR Background Check unit at backgroundcheck@unc.edu, within ninety (90) calendar days of initial employment or appointment.

A list of NACES and AICE accredited agencies that perform this specialized service appears in the table below.

Background Check Fees

Appointing departments will be charged the University's current background check fees based on:

• A basic administrative background check fee; and
• The type of background check conducted; and
• The types of jurisdictions that must be consulted; and
• The education and professional credentials (if applicable); and
• The driver's license check (if applicable)

For a schedule of these fees, refer to the UNC Background Check Pricing Schedule.

Time Frame

The OHR Background Check Unit strives to notify appointing departments of clear background checks (e.g.., those revealing no adverse results) within seven (7) business days after the background check is initiated. This time frame may be exceeded depending upon the number of names of record, number and location of out-of-state jurisdictions and/or adverse results.

Contingent Offers

Contingent Offers for Permanent Appointments (Optional)

A contingent offer of employment is a formal job offer that is dependent on the employee completing certain hiring requirements such as a background check. The contingent offer must be made in writing and indicate that the offer of employment is contingent on satisfactory outcome of the background check process. The contingent offer may be rescinded should the background check results reveal adverse results. Once all hiring requirements are met, the job offer can be finalized, and the candidate may begin work with the university. Contingent offers of employment are allowed under the following guidelines.

Permanent Faculty Appointments

With approval from EHRA HR, the appointing department may extend a contingent offer of employment to a fixed-term or tenure track Faculty candidate after the background check has been initiated. A contingent offer of employment is a formal job offer that is dependent on the employee completing certain hiring requirements such as a background check. The contingent offer must be made in writing and indicate that the offer of employment is contingent on satisfactory outcome of the background check process. The contingent offer may be rescinded should the background check results reveal adverse results. Once all hiring requirements are met, the job offer can be finalized, and the candidate may begin work with the university.

An appointing department may not extend a contingent offer of employment to the following Faculty appointees:

• Paid adjunct faculty; or
• Centers of Disease Control (CDC)/United States Department of Agriculture (USDA) Select Agents; or
• Anyone who will have contact with minors other than students enrolled at UNC-Chapel Hill as outlined in the Protection of Minors Policy, Standard, and Procedure.

Permanent SHRA and EHRA Non-Faculty Appointments

The appointing department may extend a contingent offer of employment to a permanent SHRA, EHRA Non-Faculty, or Postdoc candidate after the background check has been initiated.

An appointing department may not extend a contingent offer of employment to the following SHRA or EHRA Non-Faculty appointees:

• Centers of Disease Control (CDC)/United States Department of Agriculture (USDA) Select Agents; or
• Anyone who will have contact with minors other than students enrolled at UNC-Chapel Hill as outlined in the Protection of Minors Policy, Standard, and Procedure.

All Other Appointments

For all other appointment types including temporary, UNC independent contractors, CDC/USDA Tier 1 Select Agents, and anyone who will have contact with minors, the appointing department must receive the final results of a background check (with the exception of the credentials verification) prior to extending an offer of employment or appointing an unpaid affiliate. However, if a background check remains incomplete seven (7) business days after being initiated and the appointing department head deems it essential to extend an offer of employment, the appointing department may seek approval from the Senior Associate Vice Chancellor for Human Resources and Academic Personnel or their designee to extend a conditional offer of appointment, pending receipt of final background-check results. In exceptional circumstances, approval may be sought to extend a conditional offer prior to this time.

Contingent Offers for Third-Party Temporary and Unpaid Appointments (Mandatory)

The Fair Chance to Compete for Jobs Act of 2019 requires that a contingent offer be made prior to conducting a criminal background check and/or requesting that a candidate/appointee disclose criminal history record information. A contingent offer is a formal offer that is dependent upon satisfactory outcome of a background check, reference checks, verification of academic and professional license credentials, funding, and final salary approval, if applicable. A contingent offer may be rescinded if any of the requirements are not satisfactorily completed.

The contingent offer requirement applies to the following appointments that are covered by university background check requirements:

• Third-party temporary appointments (e.g., nextSource)
• Unpaid volunteer, intern and visiting scholar appointments
• Contingent worker appointments (e.g., zero-salary adjunct faculty with no intent to pay, external pay postdoctoral scholars, some EHRA students and others)

Following, are the procedures that apply when a background check is required:

Third-Party Temporary Appointments (e.g., nextSource)

1. After the third-party appointee is selected, the third-party vendor sends a contingent offer letter to the temporary appointee.
2. Once the contingent offer is made, the third-party vendor initiates the background check.
3. When all requirements have been satisfactorily completed, the third-party vendor makes the final offer.

Unpaid Volunteer, Intern and Visiting Scholar Appointments

1. After the unpaid appointee is selected, the department representative prepares and sends a contingent offer letter to the unpaid appointee.
2. Once the contingent offer is made, the department background check initiator initiates the background check.
3. When all requirements have been satisfactorily completed, the department representative makes the final offer.

Contingent Worker Appointments

1. After the contingent worker is selected, the department representative prepares and sends a contingent offer letter to the contingent worker.
2. Once the contingent offer is made, the department background check initiator initiates the background check.
3. When all requirements have been satisfactorily completed, the department representative makes the final offer.

For more information, refer to the Contingent Offers for Paid and Unpaid Appointments webpage.

Effective Date/Report for Duty

An appointment effective date must be no later than twelve (12) months after the background check is completed with no disqualifying results. If this time frame is exceeded, a new background check must be completed before the covered individual reports for duty.

Departments may not have an individual report for duty unless the background check has been completed with no disqualifying results. However, if a background check remains incomplete thirty (30) business days after being initiated and the appointing department head deems it essential for an individual to report for duty, the appointing department may seek a special exception from the Senior Associate Vice Chancellor for Human Resources and Academic Personnel or their designee for a covered individual to conditionally report for duty prior to completion of the applicable check. In this circumstance, a conditional report for duty will not be approved for individuals working in appointments that involve contact with sensitive populations or that otherwise have access to or control of sensitive University resources (e.g., CDC/USDA Tier 1 Select Agents, large amounts of University funding) or sensitive facilities.

Assessing Convictions/Arrests/Charges/Driving Infractions

If a background check reveals prior non-expunged criminal convictions, arrests, charges, serious driving infractions (when applicable), or falsification of credentials, then OHR or the designated central office, in consultation with the appointing department head and/or the school's or division's Human Resources Officer, secondary contact or the Human Resources Officer's designee, will assess the potential risks and relevance of each applicable conviction or infraction to the proposed appointment of the covered individual.

In considering whether a non-expunged criminal conviction, arrest, charge or serious driving infraction (when applicable) rises to the level of potentially barring a covered individual from appointment, OHR, in consultation with the appointing department head and the school's or division's Human Resources Officer, secondary contact, or the Human Resources Officer's designee, may exercise discretion in determining whether there are mitigating factors which may still permit the appointment to proceed.

Such factors may include:

• The relationship of the conduct to the specific job duties and responsibilities that would be performed by the covered individual, if appointed;
• The nature, gravity, and context of the events surrounding the conduct, as evidenced by the background check results and any supplementary information that can be obtained by the University or that is promptly provided by the covered individual;
• The time that has elapsed since the conduct occurred and/or completion of any sentence served;
• The individual's demonstrated behavior since any conviction and the future potential for illegal activity by the individual, as might be inferred from a past pattern of conduct;
• Any other extenuating circumstances documented by the covered individual or otherwise known to the University (e.g., the age of the candidate at the time of the conduct, the totality of the circumstances, etc.)

The Office of University Counsel, Office of Postdoctoral Affairs, EHRA Human Resources, Office for the Protection of Minors (POM) Program, and/or UNC Police may (but are not required to) be consulted when assessing the job-relatedness and relevance of prior non-expunged convictions, arrests, charges or serious driving infractions to a possible future appointment. For federally regulated CDC/USDA Tier 1 Select Agent appointments, the Department of Environment, Health and Safety may be consulted.

If education and/or professional licensure credentials cannot be verified, OHR, in consultation with the appointing official, may determine whether a covered individual may be employed or continue to be employed based on the falsification of stated credentials.

Any adverse results that indicate the need for further assessment and decision-making will be routed as follows based on the appointment type.

Notifying Covered Individuals of Adverse Background Check Results

In the event of a background check with adverse results that may result in a potential determination that bars appointment, a covered individual is entitled to certain notification rights under the federal Fair Credit Reporting Act.

The "pre-adverse" and "adverse action" notifications described in this section will be provided to the covered individual by the OHR Background Check unit in consultation with the University official below:

Pre-Adverse Notification

If a background check produces adverse results that may bar appointment of a covered individual, the OHR Background Check unit on behalf of the designated University official, must notify the covered individual prior to taking any adverse action based in whole or in part on the background check results.

The "pre-adverse" notification will be sent by email and include the following:

• A pre-adverse action letter; and
• A copy of the background check report; and
• A copy of the document "A Summary of Your Rights Under the Fair Credit Reporting Act"

The covered individual will have five (5) business days from receipt of the notification to provide a written explanation regarding the adverse results in question or to challenge the accuracy of the results with the consumer-reporting agency.

Taking into account any supplemental explanation or information that is provided by the covered individual, the designated University official will finalize their decision, in consultation with the appointing department head and the applicable school's or division's Human Resources Officer or their designee and/or the Office of the University Counsel and UNC Police, when appropriate.

Adverse Action Notification

If a background check with adverse results will be used in whole or in part in a decision not to hire a covered individual, the OHR Background Check unit will notify the covered individual within three (3) business days of the decision.

The "adverse action" notification will be sent by email and include the following:

• An adverse action letter; and
• A copy of the document "A Summary of Your Rights Under the Fair Credit Reporting Act"; and
• Information including the name, address and telephone number of the consumer reporting agency that furnished the consumer report, that the consumer reporting agency did not make the decision to take adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken, as well as how to dispute the accuracy of the information on the consumer report through the consumer reporting agency and request a free copy of the background check report

Any decision to bar appointment due to an adverse background check result will be considered final.

Recordkeeping

Per the University's Records Management Policy, the Background Check unit is the office of record for background check documents. A candidate/appointee may request a copy of their background check results. They must present valid photo identification such as a U.S. passport, driver's license, state identification card, etc. in person to a Background Check unit representative before they can receive the copy. For more information, contact the Background Check unit at backgroundcheck@unc.edu.

Exceptions

Individuals in unpaid appointments are exempt from the federal debarment checks.

Definitions

Refer to the Policy on Background Checks for Faculty, Non-Faculty and Student Employees and Affiliates.

Related Requirements

External Regulations and Consequences

• Fair Credit Reporting Act
• A Summary of Your Rights Under the Fair Credit Reporting Act
• Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act)
• Federal Register: Fair Chance to Compete for Jobs
• N.C.G.S. 126-30 - Fraudulent disclosure and willful nondisclosure on application for State employment
• N.C.G.S. 104E-9(a)(4) - Powers and functions of Department of Health and Human Services
• N.C.G.S. 14-122.1 - Falsifying documents issued by a secondary school, postsecondary educational institution, or governmental agency
• North Carolina Session Law 2013-53 - Clarification regarding the law pertaining to administrative action that may be taken by an occupational licensing board as a result of expunged charges or convictions
• 25 NCAC 01H.0637 - Credentials Verification Procedures
• Centers for Disease Control and Prevention - Select Agents and Toxins Guidance
• UNC System Office Policy Code 300.8.7[R] - Regulation on Pre-Employment Background Checks and Applicant Salary History 
• UNC System Office Policy Code 300.2.3[R] - Regulation Governing Fraudulent Job Applications

University Policies, Standards, and Procedures

• Policy on Background Checks for Faculty and Non-Faculty Employees, Student Employees, and Affiliates
• Recruitment and Hiring Policy for SHRA Permanent Employment
• SHRA Temporary Employment Policy
• Policy on Unpaid Volunteers, Interns and Visiting Scholars
• Reporting of Criminal Convictions for Current Staff, Non-Faculty and Faculty Employees, Student Employees and Affiliates
• Independent Contractor Policy
• Postdoctoral Scholar Policy
• Policy on Protection of Minors
• Standard on Protection of Minors
• Procedure for Protection of Minors
• Information Classification Standard
• Information Security Controls Standard
• UNC-Chapel Hill Biological Safety Manual - Chapter 14: Select Agents and Toxins
• Requesting a Background Check Using the Background Check ePAR Reference Card
• Background Check Reports/Queries Reference Card
• Candidate/Appointee Guide for Completing Multiple Background Check Invitations
• Background Check Candidate/Appointee Guide
• UNC-Chapel Hill Background Check Fee Schedule
• Contingent Offers for Paid and Unpaid Appointments (includes Contingent Offer Letter Templates) 
• Background Check FAQs

Contact Information

Important Dates

Original Effective Date:

• September 01, 2002 - Approved by: Associate Vice Chancellor, Office of Human Resources

Revisions:

• July 8, 2024 - Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
• June 1, 2024 - Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
• February 1, 2024 - Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
• July 1, 2023 - Approved by: Senior Associate Vice Chancellor for Human Resources and Academic Personnel
• November 24, 2021 - Approved by: Associate Vice Chancellor, Office of Human Resources
• July 1, 2020 - Approved by: Associate Vice Chancellor, Office of Human Resources
• February 10, 2020 - Approved by: Associate Vice Chancellor, Office of Human Resources
• October 5, 2018 - Approved by: Associate Vice Chancellor, Office of Human Resources
• December 1, 2017 - Approved by: Associate Vice Chancellor, Office of Human Resources
• September 1, 2017 - Approved by: Associate Vice Chancellor, Office of Human Resources
• July 1, 2017 - Approved by: Associate Vice Chancellor, Office of Human Resources
• April 3, 2017 - Approved by: Associate Vice Chancellor, Office of Human Resources
• December 4, 2015 - Approved by: Associate Vice Chancellor, Office of Human Resources
• September 12, 2014 - Approved by: Associate Vice Chancellor, Office of Human Resources
• July 1, 2014 - Approved by: Associate Vice Chancellor, Office of Human Resources
• April 4, 2013 - Approved by: Associate Vice Chancellor, Office of Human Resources
• May 1, 2011 - Approved by: Associate Vice Chancellor, Office of Human Resources
• November 12, 2010 - Approved by: Associate Vice Chancellor, Office of Human Resources
• July 1, 2007 - Approved by: Associate Vice Chancellor, Office of Human Resources

Footnotes

1. In the case of a proposed faculty appointee, EHRA Human Resources in the Office of Human Resources, in consultation with the appointing department head and the school's or division's Human Resources Officer or their designee, will assess the potential risks and relevance of each applicable conviction or infraction to the proposed appointment of the covered individual.

2. In the case of a proposed postdoctoral fellow appointee, the Office of Postdoctoral Affairs in the Office of the Vice Chancellor for Research, in consultation with the appointing department head and the school or division's Human Resources Officer or their designee, will assess the potential risks and relevance of each applicable conviction or infraction to the proposed appointment of the covered individual.

3. OHR will inform the Executive Director of Environment, Health & Safety (EHS) or their designee of any adverse background-check results for covered individuals who work with federally regulated select agents.