File: ADDA-R
DCJIS
MODEL CORI POLICY
This
policy is applicable to the criminal history screening of prospective and
current employees, subcontractors, volunteers and interns, and professional
licensing applicants.
Where
Criminal Offender Record Information (CORI) and other criminal history checks
may be part of a general background check for employment, volunteer work,
licensing purposes, the following practices and procedures will be followed.
CONDUCTING CORI SCREENING
CORI
checks will only be conducted as authorized by the DCJIS, state law, and
regulation, and only after a CORI Acknowledgement Form has been completed.
If
a new CORI check is to be made on a subject within a year of his/her signing of
the CORI Acknowledgement Form, the subject shall be given seventy two (72)
hours notice that a new CORI check will be conducted.
ACCESS TO CORI
All
CORI obtained from the DCJIS is confidential, and access to the information
must be limited to those individuals who have a "need to
know". This may include, but not be limited to, hiring
managers, staff submitting the CORI requests, and staff charged with processing
job applications. The district must maintain and keep a current list of
each individual authorized to have access to, or view, CORI. This list must be
updated every six (6) months and is subject to inspection upon request by the
DCJIS at any time.
CORI TRAINING
An
informed review of a criminal record requires training. Accordingly. All
district personnel authorized to review or access CORI will review, and will be
thoroughly familiar with, the educational and relevant training materials
regarding CORI laws and regulations made available by the DCJIS.
USE OF CRIMINAL HISTORY IN BACKGROUND SCREENING
CORI
used for employment purposes shall only be accessed for applicants who are
otherwise qualified for the position for which they have applied.
Unless
otherwise provided by law, a criminal record will not automatically disqualify
an applicant. Rather, determinations of suitability based on background checks
will be made consistent with this policy and any applicable law or regulations.
VERIFYING A SUBJECT'S IDENTITY
If
a criminal record is received from the DCJIS, the information is to be closely
compared with the information on the CORI Acknowledgement Form and any other
identifying information provided by the applicant to ensure the record belongs
to the applicant.
If
the information in the CORI record provided does not exactly match the
identification information provided by the applicant, a determination is to be
made by an individual authorized to make such determinations based on a
comparison of the CORI record and documents provided by the applicant.
INQUIRING ABOUT CRIMINAL HISTORY
In
connection with any decision regarding employment, volunteer opportunities, or
professional licensing, the subject shall be provided with a copy of the
criminal history record, whether obtained from the DCJIS or from any other
source, prior to questioning the subject about his or her criminal
history. The source(s) of the criminal history record is also to be
disclosed to the subject.
DETERMINING SUITABILITY
If
a determination is made, based on the verification of identity information as
provided in this policy, that the criminal record belongs to the subject, and
the subject does not dispute the record's accuracy, then the determination of
suitability for the position or license will be made. Unless otherwise
provided by law, factors considered in determining suitability may include, but
not be limited to, the following:
(a) Relevance of the record to the position
sought;
(b) The nature of the work to be performed;
(c) Time since the conviction;
(d) Age of the candidate at the time of the offense;
(e) Seriousness and specific circumstances of the
offense;
(f) The number of offenses;
(g) Whether the applicant has pending charges;
(h) Any relevant evidence of rehabilitation or lack
thereof; and
(i) Any other relevant information, including
information submitted by the candidate or requested by the organization.
The
applicant is to be notified of the decision and the basis for it in a timely
manner.
ADVERSE DECISIONS BASED ON CORI
If
an authorized official is inclined to make an adverse decision based on the
results of a criminal history background check, the applicant will be notified
immediately. The subject shall be provided with a copy of the organization's
CORI policy and a copy of the criminal history. The source(s) of the criminal
history will also be revealed. The subject will then be provided with an
opportunity to dispute the accuracy of the CORI record. Subjects shall
also be provided a copy of DCJIS' Information Concerning the Process for
Correcting a Criminal Record.
SECONDARY DISSEMINATION LOGS
All
CORI obtained from the DCJIS is confidential and can only be disseminated as
authorized by law and regulation. A central secondary dissemination log
shall be used to record any dissemination of Cori outside this organization,
including dissemination at the request of the subject.
SOURCE:
MASC May 2014
Reviewed by Leverett Policy Committee and Leverett School
Committee: 12-07-15
FINAL Vote: 12-07-15