EFFECTIVE DATE: June 14, 2019
ISSUE #: 7
PRESIDENT: Juan Sánchez Muñoz
PURPOSE
This PS designates all UHD positions as security-sensitive and establishes the guidelines for
hiring employees to fill these positions. UHD employees include faculty, staff, student
workers, and temporary employees paid through the University payroll system,
DEFINITIONS
2.1 Criminal background investigation: An investigation into official public records to
determine the existence or non-existence of records of any criminal convictions.
2.2 Positive criminal history record: A criminal history record that indicates a conviction or
deferred adjudication.
2.3 Security-sensitive positions: All University positions are security-sensitive and require
a criminal background check. A criminal background check must be conducted on
applicants for all positions, including current employees applying for new positions
within UHD.
POLICY
3.1 The University of Houston-Downtown is an affirmative action, equal opportunity
employer in compliance with federal and state laws and regulations. This includes
compliance with Section 51.215 of the Texas Education Code, which indicates that the
employment selection process for all positions, full and part-time, regular, temporary,
and student positions, in all University programs, regardless of funding source may
include evaluation of criminal history information pertaining to an applicant, whether
internal or external, for employment in a security-sensitive position.
3.2 Primary candidates for all UHD positions will undergo a complete background
investigation. Applicants who decline to submit to a background investigation or fail to
provide required information may be denied employment.
3.3 Positions that may involve contact with minors, such as those under the Campus
Program for Minors, or through grants and/or sponsored programs, will be subject to a
criminal background check and completion of required training.
3.4 All job announcements will include the following statement: “Security-sensitive
Position. Requires Complete Background Investigation.”
3.5 Nothing in this policy shall be used as the basis for discrimination or retaliation against
any individual or group on the basis of race, , age, color, religion, national origin,
sexual orientation, gender identity, gender expression, genetic information, sex
(including pregnancy), disability, or veteran status.
PROCEDURES
4.1 The primary candidate for all UHD positions will undergo a complete background
investigation prior to being offered a job.
4.2 ESO notifies the hiring manager of the results of the background investigation.
4.3 Should the investigation reflect positive criminal history, unsatisfactory credit report or
motor vehicle violations, the UHD Chief of Police and Vice President of Employment
Services and Operations (VPESO) will evaluate the results against job-related criteria
and make a recommendation as to whether the applicant is “employable” or “not
recommended for employment.”
4.4 If the applicant is “not recommended for employment,” the VPESO will issue a report
to the hiring manager, who may accept the recommendation and reject hiring the
primary candidate, or may request permission to hire through the respective vice
president who can authorize hiring someone with a criminal history or unsatisfactory
credit report.
4.5 If the hiring manager decides not to hire the applicant, the VPESO will send a notice to
the applicant of the intention to deny employment, as required by the Fair Credit
Reporting Act (FCRA), allowing the applicant five business days from the date of
receipt of the notice to explain or contest the information included in the report.
4.6 If the respective vice president authorizes hiring an applicant with positive criminal
history or unsatisfactory credit report, details of the report(s) will be sealed in an
envelope identified with the individual’s name.
4.7 If the information obtained through the background investigation reflects that the
applicant was untruthful during the application process, the UHD Chief of Police and
VPESO will declare the applicant ineligible for employment. This decision may not be
appealed by the hiring manager to the respective vice president, as this constitutes a
violation of institutional policy. The VPESO will follow the process outlined in section
4.5 and inform the applicant of the University’s intention to deny employment.
4.8 All information obtained in background investigations will be privileged and
confidential. This information will be maintained by the VPESO in accordance with
the University of Houston System (UHS) records retention schedule and will not be
released or otherwise disclosed to any person or agency except the UHS general
counsel or the respective vice president.
4.9 Any breach of confidentiality at any point in the procedures defined herein may be
grounds for disciplinary action up to and including termination.
REVIEW PROCESS
Responsible Party (Reviewer): Vice President for Employment Services and Operations
Review: Every three years on or before December 1
st.
Signed original on file in Employment Services and Operations.
POLICY HISTORY
Issue #1: 04/25/94
Issue #2: 03/11/98
Issue #3: 03/10/03
Issue #4: 09/10/09
Issue #5: 01/08/10
Issue #6: 07/09/15
REFERENCES
University of Houston System Memorandum 02.A.37
University of Houston System Memorandum 03.H.01
