Approved: March 27, 2008
Revised: October 1, 2019
August 15, 2022
Next Scheduled Review: August 15, 2027
This rule outlines the procedures and responsibilities for Texas A&M Transportation Institute to conduct criminal background checks of current employees and candidates for employment so as to implement System Regulation 33.99.14, Criminal History Record Information – Employees and Candidates for Employment.
Reason for Rule
This rule is required by System Regulation 33.99.14, Criminal History Record Information – Employees and Candidates for Employment.
Procedures and Responsibilities
1. SOURCES OF CRIMINAL HISTORY RECORD INFORMATION
The Texas A&M Transportation Institute has access, as permitted by law, to the following sources to obtain criminal history record information: (a) the Texas Department of Public Safety’s Crime Records Service-Public Site or any other publicly available local, state or federal source and (b) the Texas Department of Public Safety’s Crime Records Service-Secure Site. The Texas A&M Transportation Institute may also utilize the services of a third party vendor(s) to obtain criminal history record information.
2. CRIMINAL HISTORY RECORD INFORMATION PROCEDURE
2.1 In accordance with System Regulation 33.99.14, every offer of TTI employment shall be conditioned on receipt of an acceptable criminal history record information check. Every candidate for TTI employment will be required to complete the background check authorization/consent process. Except as required or otherwise provided by law, a TTI will not request the disclosure of criminal history record information regarding candidate before the member extends a conditional offer of employment to the candidate.
2.2 All positions within TTI are considered security sensitive.
2.3 Every offer of TTI employment shall be conditioned on receipt of an acceptable outcome of the criminal history record information check. Existing employees’ criminal history information is subject to review at any time as permitted by law. Periodic criminal history information record checks may be conducted at the discretion of TTI.
2.4 TTI Human Resources will be responsible for conducting all background checks as required by System Regulation 33.99.14. The TTI HR Office may contract with a third party vendor (in accordance with the federal Fair Credit Reporting Act) to conduct background checks, as permitted by law.
2.5 TTI HR will notify the hiring program or the current program the outcome of the background checks. In the event that criminal history record information is revealed by the background check, TTI HR will analyze the information in accordance with System Regulation 33.99.14 Criminal History Record Information – Employees and Candidates for Employment, and, in consultation with the hiring or current program, render an employment decision.
2.6 Information obtained through background checks and relevant reports will be processed as soon as practicable: for applicants, after the position has been filled and the individual or the successful candidate reports to his or her first day of work; for employees, after the criminal history record information has been analyzed and any resulting action taken under this rule.
2.7 In accordance with System Regulation 33.99.14, all employees must report to their supervisor, within 24 hours or at the earliest possible opportunity thereafter, any criminal arrests, criminal charges, or criminal convictions, excluding minor traffic citations punishable only by a fine. The supervisor must report the arrest(s), criminal charge(s), or conviction(s) to the Program Manager or Division Head and the TTI Human Resources Office.
2.8 An external applicant rejected for TTI employment under System Regulation 33.99.14 has no appeal unless the individual alleges unlawful discrimination, sexual harassment and/or retaliation. Such appeals must be filed in accordance with System Regulation 08.01.01 Civil Rights Compliance.
2.9 Employees can appeal action taken under System Regulation 33.99.14 by following applicable provisions of System Regulation 32.01.02, Complaint and Appeal Process for Nonfaculty Employees, or System Regulation 08.01.01, Civil Rights Compliance and related rules or procedures.
Related Statutes, Policies, or Requirements
- Tex. Gov’t Code Chapter 411, Subchapter F
- Tex. Gov’t Code Chapter 559
- Tex. Educ. Code § 51.215
- System Policy 12.01, Academic Freedom, Responsibility and Tenure
- System Policy 32.02, Discipline and Dismissal of Employees
- System Regulation 32.01.02, Complaint and Appeal Process for Nonfaculty Employees
- System Regulation 32.02.02, Discipline and Dismissal of Nonfaculty Employees
- System Regulation 33.99.01, Employment Practices
- System Regulation 33.99.14, Criminal History Record Information – Employees and Candidates
- System Policy 08.01, Civil Rights Protections and Compliance
- System Regulation 08.01.01, Civil Rights Compliance
TTI Human Resources Office