Hobart and William Smith Colleges

Background Checks

Authorized Program Staff and Administrators must complete appropriate criminal and child abuse screening before working, participating in, or providing oversight for any program, activity or service.

For all current or prospective employees and volunteers, whether temporary or permanent and regardless of titles or responsibilities, the Colleges will conduct a search of (1) The New York State Sex Offender Registry; and (2) The U.S. Department of Justice’s National Sex Offender Registry, and annually thereafter.

In addition, the following categories of individuals will be required to clear a criminal background check and a Department of Motor Vehicles license check prior to participation any program, activity, or service involving Minors: (a) Authorized Program Administrators and others who direct or supervise programs involving Minors; (b) those who stay overnight on campus as part of their responsibilities in a program involving Minors; and (c) those that spend regular or substantial time alone with Minors as part of their job responsibilities or role in a Minors program.

A prior conviction shall not automatically disqualify a person from participating in a program or activity. Rather, if a criminal background check reveals adverse information or unfavorable results, the Colleges will conduct an individualized assessment using criteria designed to identify potential risk to Minors, including, but not limited to: the bearing, if any, of the finding(s) on the person’s fitness or ability to perform the duties and responsibilities of the position at issue; the seriousness of the finding(s); the time elapsed since the finding(s); the age of the applicant at the time of the finding(s); information regarding rehabilitation and good conduct produced by or on behalf of the person; and the Colleges’ legitimate interest in protecting property and safety of individuals or the general public.

Human Resources will oversee the processing of criminal background checks. The cost of the background check will be borne by the department, activity, or program responsible for the program involving Minors. For Colleges-sponsored or affiliated programs or activities, only a background check conducted by the Colleges or an external source approved by the Colleges will be accepted for purposes of this Policy.

Except where required by law, criminal background checks of Colleges’ faculty, staff and students that are conducted pursuant to this Policy will be used only for purposes consistent with this Policy and will otherwise be kept confidential. Records of background checks will be maintained separately from an individual’s personnel or student file.

Background screenings remain valid for three years and then must be renewed. Screening records must be maintained for six years. Anyone required to have a background check under this Policy must disclose, in writing, within 72 hours any misdemeanor or felony convictions after the date of their most recent background check.

Finally, the Colleges require applicants for employment or volunteer positions to provide three references: at least one professional and at least one personal (the third reference can be either professional or personal).  The Colleges will complete the reference check before the employee or volunteer will be permitted to work with Minors.

All outside vendors or organizations that use Colleges’ property must also adhere to this Policy, including Sex Offender Registry checks and, in addition, performance of criminal background checks on all individuals who work with Minors on the campus.  Specifically, at least fourteen (14) days prior to the scheduled use of Colleges’ Facilities or presence at the Colleges, the vendor, organizer, manager, and/or operator must (a) provide satisfactory evidence of their own policies and procedures on criminal background checks, Sex Offender Registry checks, and protection of Minors/child abuse reporting obligations, including training of their staff and volunteers on same or (b) sign an agreement acknowledging and certifying training on and compliance with this Policy.