All regular staff positions will require background checks. Temporary and on-call position will be determined by the department hiring official in conjunction with the duties listed in Section 2 of University Administrative Policy 3280.
University Administrative Policy 3280, is in compliance with the Federal Fair Credit Reporting Act that sets national standards for employment screenings. The policy is also in compliance with the New Mexico Criminal Offender Employment Act, New Mexico Caregivers Criminal History Screening Act, Safety and Health Administration (OSHA) regulations, and the Sex Offender Registration and Notification Act.
Yes. Background packages A, B, and D verify education.
All regular staff positions, including term and contract will require a background check. Temporary and on-call positions may require a background check.
No. The level of the background check will depend on the nature of the job. Information obtained may range from a confirmation of identity to a full review of criminal records depending on the nature of the job and/or any legal requirements.
UNM currently uses a third party vendor who is required to maintain expertise, conduct the background checks in accordance with all laws and regulations, and comply with all aspects of UNM policy. Trained personnel in the Division of Human Resources administer the program. In some case, certain programs with state, federal, or contractual requirements may go through other agencies for background checking.
The majority of safety and security sensitive positions are held by staff. Therefore, there is a greater need for background checks on staff. Student employees, volunteers, and contractors who are in safety and security sensitive positions will also have background checks.
Language in the job posting will notify the applicant if a background check is required.
Individuals who apply for a position at UNM who are unwilling to submit to a background check will not be considered for employment, promotion, or transfer. Existing employees in need of a background check who are unwilling to submit to a background check may be subject to disciplinary action, up to and including discharge.
Generally, background checks will be limited to the past seven years unless the governing statute of limitations is longer. Background checks will not include information that has been expunged by court order.
The third-party vendor will send the applicant or employee a pre-adverse action notice letter that outlines the preliminary findings and gives the individual an opportunity to respond before a final decision is made. Please refer to the Fair Credit Reporting Act (FCRA) for a summary of your rights.
Employees who wish to appeal an adverse decision must follow the procedures described in University Administrative Policy (UAP) 3280: Background Checks. Employees in bargaining unit titles should also review the respective collective bargaining agreement.
The applicant or employee may request an administrative reconsideration by contacting the Division of Human Resources or by contacting the vendor that ran the background check.
Current employees will undergo a background check if hired for a new position through a competitive process. Current employees may undergo periodic background checks if they have a position that requires periodic background checks per federal or state laws. In addition, the Minors on Campus policy may require a new background check if the background check was conducted more than 3 years ago.
To ensure that this policy is administered consistently and solely for the purposes for which it is intended, only the Division of Human Resources or the Police Department can request background checks. Supervisors may not request or conduct background checks.
All background check records, which are protected by law, will be maintained and secured by the Division of Human Resources. Records will not be disclosed to any person or agency except on receipt of legal process or with the written consent of the individual.
The fingerprinting requirement for the Caregiver Criminal Screening Act is governed by the State of New Mexico, Department of Health. For more information, including frequently asked questions, please visit the Department of Health website.
