Background Checks Policy

I. Purpose

Touro University (i.e., Touro University New York, Touro University California, Touro University Worldwide, Touro University Nevada, Touro University Los Angeles, Touro University Medical Group, Touro University Medical Associates, New York Medical College, Hebrew Theological College, etc.) (collectively referred to herein as the “University”) is committed to protecting the security, safety and health of employees, students, patients, visitors and general public as well as safeguarding the assets, resources and information data and systems of the institutions. This policy sets forth the procedures for conducting background checks for all final candidates for positions, and current employees being offered promotions or transfers who have not previously had a background check.

II. Policy

Any offer of employment for new hires is contingent upon the successful completion of a background check.  An appropriate background check may be conducted on a current employee receiving a transfer or promotion if the relevant background check was not completed when they were hired, as determined by HR. Individuals may not commence employment, or commence work in their new position, until the background check process has been completed as determined by HR. Formal Offers of Employment should state explicitly that they are contingent on the completion of a successful background check, unless they are made to a current employee receiving a transfer or promotion and the relevant background check was previously completed by HR. Current employees must notify HR if they receive a criminal conviction during the course of employment or subsequent to an initial criminal background check, within 30 days. 

This policy does not automatically exclude from consideration for employment all individuals with criminal convictions. HR will determine if any criminal convictions prevent a candidate from being hired for the position on a case-by-case basis.  The University reserves the right to deny or terminate employment to any candidate or employee who fails to disclose information fully and truthfully. 

Information collected in connection with the background check will be kept confidential and maintained by HR and shall be communicated only to persons with a legitimate need to know.

III. Scope

This policy applies to all persons who are candidates for employment, as well as faculty, employees, fellows, interns, and volunteers (except high school students) with access to data or systems.

Current University students seeking designated student employment positions are exempt from this Policy.

IV. Definitions

Abbreviated Background Check: Comprised of only SSN Validation and Criminal Background Check.

Adverse Action Notice: A notice informing a candidate that a decision has been made to not hire the candidate due to findings in the background check.

Appointment Letter: A written offer of employment for faculty issued by the by the designated authority (i.e., Office of Faculty Affairs/Records, etc.)

Civil Background Check: Comprised of the Social Security Number (SSN) Validation, Employment Verification, and Education Verification.

• SSN Validation: identifies if a Social Security Number (SSN) is valid using information from the Social Security Administration (SSA) and checks the SSA Death Index to help detect anomalies.
• Employment Verification: confirms candidate's employment with listed companies, including dates of employment and position held. This verification will be run on the past two employers or the previous seven years, whichever comes first.
• Education Verification: confirms the candidate's claimed educational institutions, including the years attended and the degree/diploma received.

Criminal Background Check: Comprised of the Criminal Felony & Misdemeanor, Federal Criminal, National Sex Offender Registry, and any other pre-employment check required by law.

• Criminal Felony & Misdemeanor: A search for reportable criminal records within the state and county over the previous seven years.
• Federal Criminal: A criminal search across the country to determine violations of federal criminal law over the previous seven years.
• National Sex Offender Registry: A search across the sex offender registries of all states and U.S. Territories.

Final Candidate: A candidate who has received a verbal offer of employment.

Formal Offer of Employment: A written Offer Letter, Letter of Intent, or Appointment Letter issued by HR or the Office of Faculty Affairs/Records.

Full Background Check: Comprised of the Civil Background Check and the Criminal Background Check.

Letter of Intent: A written letter issued to faculty to initiate negotiations by the designated authority (i.e., HR, etc.).

Offer Letter: A written offer of employment issued by the designated University authority (i.e., HR, etc.).

Pre-Adverse Action Notice: A notice informing a candidate that a decision is currently pending concerning their application for employment based on questionable information as a result of the background check. The notice includes HR’s analysis, a copy of the background check and the Federal Trade Commission document “A Summary of Your Rights Under the Fair Credit Reporting Act.”

Verbal Offer of Employment: An offer that is verbally made by the hiring department or HR to the Final Candidate.

V. Procedure

A. The hiring department will make a Verbal Offer of Employment and notify HR.

B. HR will process background checks on all Final Candidates (including promotion or transfer when applicable). HR and/or the background check vendor will obtain the signed authorization from the candidate offered the position, transfer, promotion or reclassification to authorize the performance of the background check.

C. There are two separate procedures depending on if the job is located in New York City (“NYC”) or outside of NYC.

1. NYC Candidates: NYC has a bifurcated two-step background check process. The Civil Background Check must be processed before a Formal Offer of Employment is issued. Once a Formal Offer of Employment has been accepted, the Criminal Background Check can be processed.

a. Hiring manager makes a Verbal Offer of Employment to the final candidate and notifies HR.
b. HR sends the candidate a Civil Background Check authorization form (through Touro’s background check vendor).
c. Once the authorization form is signed and the Civil Background Check is reviewed by HR and clears, the Formal Offer of Employment is issued to the Final Candidate.
d. Once the Formal Offer of Employment is signed, HR sends the Final Candidate a Criminal Background Check authorization form (through Touro’s background check vendor).
e. Once the second authorization form is signed and the Criminal Background Check is reviewed by HR and clears, the onboarding process will continue.

2. Non-NYC Candidates: The Full Background Check can be completed once a Formal Offer of Employment is accepted.

a. Hiring manager makes a Verbal Offer of Employment to the Final Candidate and notifies HR.
b. The Formal Offer of Employment is issued to the Final Candidate.
c. Once the Formal Offer of Employment is signed, HR sends the Final Candidate a Full Background Check authorization form (through Touro’s background check vendor).
d. Once the authorization form is signed and the Full Background Check is reviewed and clears, the onboarding process will continue.

D. Certain positions where education and experience may not be required (i.e.,Housekeepers, Proctors, Standardized Patients, etc.) may only need an Abbreviated Background Check, at the discretion of the HR Department.

E. Certain positions where specialized experience/certification may be required (i.e.,Public Safety, Drivers, etc.) may need specialized background checks (i.e., MVR check, Prohibited Parties check, etc.) at the discretion of the HR Department.

F. If an individual is rehired after 30 days from the date of separation, they are subject to undergo a Criminal Background Check.

G. If an individual is rehired after seven (7) months from the date of separation, they are subject to undergo a Full Background Check (with the exception of an Education Verification provided Touro has a previously conducted verification on file and there are no new degrees to be verified).

H. If an individual has a criminal conviction, HR shall make a determination if there is a direct relationship between the offense and the specific employment position involved or if the grant of employment would involve an unreasonable risk to property or the safety or welfare of specific individuals or the general public (a “Finding”), taking the following factors into consideration to the extent permitted by local law:

1. Applicable federal/state/local laws relating to the permissible use of arrest and conviction information.
2. The legitimate interest of the University in protecting property, and the safety and welfare of faculty, students, employees, patients, visitors and the general public.
3. The specific duties and responsibilities of the position sought by the candidate.
4. The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities.
5. State specific factors (i.e., the age of the individual at time of offense; the amount of time that has elapsed since the occurrence; etc.).
6. The seriousness of the offense or offenses committed.
7. Any information produced by the person, or produced on their behalf, with respect to his or her rehabilitation and good conduct.

I. In the event of a Finding, HR, in consultation with the Office of General Counsel, will make a determination if the individual should be hired, transferred/promoted or retained in the reclassified position in accordance with this policy.

J. In the event that an individual’s background will disqualify them from the position, the University will provide them with a Pre-Adverse Action Notice including the background check results and HR’s analysis, and an opportunity to provide compelling reasons as to why the offense(s) should not disqualify them from the role. The candidate will have five (5) days from receipt of this notice to respond. Upon receiving the candidate’s response, HR will review the information and make a determination within one (1) week, or within a timeframe as required by law, whichever period is shorter, as to whether or not the person will be hired.  Ifthe person is denied employment on the basis of background check results, the University will provide an Adverse Action Notice containing information and within a timeframe as required by law from the date of the request.

VI. Effective Date

This policy shall take effect immediately.

VII. Related Policies & Notices

NYC Bifurcated Background Check Process 

VIII. Policy Management

Responsible Executive: Chief Human Resources Officer
Responsible Department: Human Resources