UNIVERSITY-WIDE POLICIES >
PROTECTION OF MINORS POLICY > APPENDIX B
Criminal History Clearances for Those Interacting with Minors
The following categories of adults (faculty, staff, students, and volunteers) are required to obtain criminal history clearances prior to their participation in University-sponsored or -affiliated activities or programs involving minors:
- Directors and supervisors of programs and/or activities involving minors, including those who are responsible for supervising those who interact with minors;
- Those who stay overnight with minors as part of their responsibilities in a program or activity involving minors;
- Those who would likely spend significant time with minors as part of their job responsibilities or role in a program involving minors;
- Those who would likely have regular contact with minors during the evening or off campus;
- Those who transport minors for authorized programs and activities;
- Those who would likely have regular, direct physical contact with minors; and
- Those who would likely have regular access to minors in various states of dress.
The Human Resources Department will oversee the processing of criminal history clearances.
A criminal history clearance shall minimally consist of a search of federal and state or county databases for criminal history for the past seven years, and a sex offender registry search subject to the following laws:
- Act 33 – Pennsylvania Department of Public Welfare Child Abuse History Clearance
- Act 34 – Pennsylvania State Police Criminal Record Check
- Act 73 – FBI National Criminal History Background Check (fingerprinting)
If a criminal history clearance reveals adverse information or unfavorable results, an individualized assessment will be conducted, taking into account the following:
A prior arrest or conviction shall not automatically disqualify an individual from participating in a program or activity, but shall be considered using the criteria identified above. All reviews will be conducted in compliance with the Fair Credit Reporting Act.
- The nature of the finding;
- The job or responsibilities for which the individual is being considered;
- The underlying event(s) that occurred;
- The time elapsed since the finding;
- The individual’s employment history and/or other evidence of his or her activities in the intervening time since the finding; and
- Other relevant information.
For University-sponsored or -affiliated programs or activities, only valid Act 33, 34, and 73 criminal history clearances will be accepted for purposes of this Policy.
Criminal history clearances for Robert Morris University faculty, staff, students, and volunteers who participate in University-sponsored or -affiliated programs or activities involving minors must be renewed every three years. Any faculty, staff, student or volunteer who is required by this Policy to have a criminal history clearance is under a continuing obligation to disclose immediately any new felony or misdemeanor conviction to his/her supervisor and Human Resources within 72 hours. An individualized assessment will be conducted as outlined earlier in this section.
The Human Resources Department will oversee the review of criminal history clearances for Robert Morris University faculty, staff, students, and volunteers, and in consultation with appropriate departmental representative(s) and the Office of General Counsel, will make determinations in cases where criminal history clearances reveal adverse information that is relevant to one’s participation in a program or activity covered by this Policy.
Except where required by law, criminal history clearances of University faculty, staff, students, and volunteers will be used only for purposes consistent with this Policy and will otherwise be kept confidential. Any record of information returned as a result of the criminal history clearance will be maintained separately from an individual’s personnel, student or volunteer file.
Non-University organizations and entities that operate programs or activities on campus involving minors must ensure that criminal history clearances are obtained for their employees, volunteers, and representatives that meet Robert Morris University standards as defined by their contract/agreement with the University. The University may exclude any external program employee, volunteer or representative who does not obtain criminal history clearances that are satisfactory to the University. Non-University organizations and entities must also submit a Certification of compliance with the criminal history clearance rules described herein. The University may request any additional information or impose additional conditions it deems necessary to meet the requirements of this Policy including, but not limited to, maintaining specified insurance coverage. Individuals required to obtain a criminal history clearance under this Policy who are not University employees or students (whether involved in a University program or activity or one operated by a non-University entity) must obtain criminal history clearances prior to the start of a program or activity involving minors and must renew the criminal history clearances every two years.
Independent contractors and vendors that are on campus or at other University locations where contact with minors is routine must comply with the University’s criminal history clearance requirements. The University may request any additional information or impose additional conditions it deems necessary to meet the requirements of this Policy including, but not limited to, maintaining specified insurance coverage.