3000-1-4 Required Background Check

Policy

1. This policy applies to all current and potential college employees, volunteers and service providers.
2. The Senior Manager responsible for the department employing the position in question, in consultation with the immediate manager of the department and the Human Resources department, will determine whether or not there is a requirement for a background check, and identify the particular background check, as a condition of hire for a particular position or as a condition of assignment to particular duties.
3. The Human Resources department will maintain a current list of positions and assignments requiring a background check.
4. The job description and any advertisement regarding the position shall indicate that: "In accordance with the Lambton College Required Background Check policy, this position requires that individuals provide, at their own cost, the appropriate background check as a condition of employment. The college reserves the discretion to determine if and how it addresses any adverse information in a background check report."
5. The background check requirement will be initiated only when the hiring manager identifies that the individual is the preferred candidate for employment. The hiring manager will provide the candidate with an offer of employment conditional on the completion of a satisfactory (to the college) background check.
6. When the college offers employment that is conditional on the completion of a satisfactory check, it will clearly state the condition and that the college reserves the discretion to determine how it addresses any adverse information in the background check report.
7. Individuals who are not current employees of the college applying for employment are responsible for applying for and paying the cost of the background check, and submitting the results to the Human Resources department.
8. Individuals who fail to provide the background check, after having been asked to do so, will cease to be considered for the role for which they applied.
9. In the case of individuals who are current employees of the college who are applying for or are assigned to a different position or different duties for which a background check is required:
   1. the potential employing department will pay the cost of the background check;
   2. the college reserves the discretion to determine how it addresses any adverse information in an employee's background check. The college will assess the results of the background check with a view to meeting its duties and interests, and any applicable obligations under the Human Rights Code of Ontario and the Respectful College Community policy.
10. Individuals will not be placed in the role for which they are being considered until the background check report has been received and considered by the hiring manager, in consultation with the Human Resources department.
11. Employees may be required to provide a new background check at regular intervals or when circumstances or requirements change necessitating a current background check (e.g. a partner imposes new requirements for their site), or a need is identified by the department manager and confirmed by the Senior Manager.
    1. The employee's department will pay the cost of the background check.
    2. The college reserves the discretion to determine how it will address any adverse information in the employee's background check with a view to meeting its duties and interests, and any applicable obligations under the Human Rights Code of Ontario and the Respectful College Community policy.
12. The Human Resources department is responsible for receiving and safeguarding submitted background check reports. The background check reports will be retained consistent with the college Record Retention Policy (1000-1-3).

Definitions

Criminal Records Check

A check of the Canadian Police Information Centre database for unpardoned criminal convictions.

Criminal Record & Judicial Matters Check

In addition to the information provided in the Criminal Records Check, this check identifies recent offences for which an absolute or conditional discharge has resulted, outstanding charges or warrants and court orders (restrictions).

Vulnerable Sector Check

In addition to the information provided in the Criminal Records and Judicial Matters Check, the vulnerable sector check identifies criminal charges that resulted in a finding of not criminally responsible on account of mental disorder (with restrictions), and whether or not an individual has a sexual offense recorded in their name in Canada for which a pardon has been granted or issued. Required for positions that require significant or unsupervised contact with individuals less than 18 years of age, elderly persons or persons with disabilities.

Background Check

In this policy, the term is used to refer generally to any or all of a Criminal Records Check, A Criminal Record and Judicial Matters Check and a Vulnerable Sector Check.

Senior Manager

The college manager at the executive level responsible for the relevant department or function.