Office of Origin: Human Resources            
Responsibility: Executive Director, Human Resources
Date Originally Adopted: 11-22-05
Dates Reviewed: 8-19-08, 12-11-17, 4-6-18, 10/20/21(C), 4-16-24(C), 2-24-26
Last Date Board Approved: 2-24-26

Employment Candidates

Candidates selected for positions at Lake Michigan College (the College) are required to authorize a background check as part of the employment process. Human Resources (HR) will provide applicants with written notice of the College’s intent to conduct background checks, including a credit history check when applicable.

The background check may contain criminal history, social security number verification, motor vehicle records, verification of education or employment history and, when applicable, a credit history check. 

The College may use a third-party consumer reporting agency to facilitate the background check process, including related communications such as online forms or email invitations, in compliance with the Fair Credit Reporting Act (FCRA). For purposes of this policy, a consumer reporting agency may include a background screening company, credit bureau, or reference-checking service engaged by the College.

Employment Background Reference Checks

HR is responsible for checking candidate references, which may involve contacting individuals to verify candidate skills, experience, education, and/or work history.

If a negative reference is found, HR, in consultation with the supervising Cabinet member and hiring manager, will determine if there is a business related need to deny employment.

Educational Background Checks

HR is responsible for obtaining the candidate’s official transcripts before their start date. Employees are not able to begin employment until the official transcripts are received by HR.

Criminal Background Checks

Criminal background checks may include search of the Office of Foreign Asset Control, county criminal felony records, national criminal records database search, sex offender registry, and state police database search.

Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant for employment. Instead, determinations of suitability related to a criminal record will be made consistently and based on applicable laws.

If a criminal record is found, HR will compare the record with identifying information provided by the candidate to ensure the record relates to the candidate. If HR believes the record belongs to the candidate, the candidate’s suitability for the position will be assessed. Unless otherwise provided by law, factors considered may include, but not be limited to, the following:

1. Relevance of the crime to the position sought;
2. The nature of the work to be performed;
3. Time since the conviction;
4. Age of the candidate at the time of the offense;
5. Seriousness and specific circumstances of the offense;
6. The number of convictions;
7. Relevant evidence of rehabilitation or lack thereof;
8. Other relevant information as submitted by the candidate

The College may decline to hire any candidate or discontinue the services of any employee whose criminal history is deemed incompatible with the position they are seeking. 

Employees- Disclosure Requirements

Throughout employment with the College, employees are required to self-disclose certain financial events, arrests, convictions, and/or events as described in the Felony Charges and/or Felony Convictions policy. This requirement supports the College’s obligation to maintain a safe and compliant workplace and aligns with related reporting obligations under that policy.

Credit History Checks

For positions with access to, custody of, or decision-making authority over College financial assets, funds, or other valuable property, a credit report will be obtained prior to hire and then regularly thereafter to ensure continued suitability for duties involving financial stewardship. 

Those positions include, but are not limited to, those in the following areas:

• Finance Department, including Accounts Receivable, Purchasing, Payroll, and Accounts Payable
• Bursar’s Office / Student Accounts
• Foundation Accounting
• Financial Aid
• Information Technology positions with access to financial systems
• Auxiliary operations handling significant cash or cash equivalents
• Administration with significant budgetary authority or decision-making responsibility over College funds, such as members of the Cabinet.

The College may, in its sole discretion, choose to run a credit report at any time. The timing of recurring credit checks will be determined and administered by HR in coordination with the President to ensure all employees in positions subject to credit history checks are reviewed on a consistent cycle, with a maximum interval of 5 years between checks.

Employees in positions requiring periodic credit checks will be notified in advance and asked to provide renewed authorization in accordance with FCRA before each review. Refusal to provide renewed authorization will be considered a voluntary resignation of the employee’s employment. Employees subject to credit checks must self-disclose to the College, as soon as practicable: bankruptcy filings for themselves or a business in which they have any ownership/membership, liens of any kind against them or their property, judgments against them, and garnishments related to paying a debt incurred by them.   

Notification and Individual Rights

If a credit or criminal history check uncovers information that may disqualify a candidate from employment consideration or an employee from continued employment, HR will provide a copy of the report and a written Summary of Your Rights Under the Fair Credit Reporting Act, and provide 5 business days to respond to or correct the information before any adverse employment action is taken.

If an adverse action is taken, the individual will be provided with written notification that states:

• That adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency;
• The name, address, and telephone number of the consumer reporting agency that furnished the consumer report (including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis); and
• That the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the individual the specific reasons why the adverse action was taken.

CONFIDENTIALITY AND USE OF INFORMATION

Information obtained through background and credit history checks will be maintained by HR and handled confidentially, in accordance with applicable federal and state laws and the College’s confidentiality standards. Access to such information will be limited to HR staff, except when consultation with the hiring manager, supervising Cabinet member, or President is necessary to determine employment suitability or continued eligibility for positions involving financial responsibility. When consultation is required, HR will disclose only information relevant to the employment decision and will not share full credit reports or personal financial account details, in accordance with FCRA.

References:

Felony Charges and/or Felony Convictions policy
Fair Credit Reporting Act (FCRA)