XYZ Transit System

							                               XYZ Transit System
                                  Policy Manual
                     123 State Street, Anywhere, Ohio 44444
SUBJECT: BACKGROUND CHECKS             SECTION:

EFFECTIVE DATE:                                         REPLACES:
APPROVED BY:
APPROVAL DATE:
DIRECTIVE:

To ensure that XYZ Transit employs qualified individuals and to provide a safe and secure
environment for all passengers and employees. It is also important that XYZ Transit takes every
action necessary to protect its funds, property, and other assets.

DEFINITIONS:

“Background check” means verifying that the selected applicant or employee has no undisclosed
history that will negatively impact the XYZ Transit Agency. Background checks will include
criminal history check and sex and violent offender registry check.

"Criminal history check" means verifying that the selected applicant or employee has no
undisclosed criminal history in any jurisdiction where the applicant or employee currently resides or
has resided.

"Sex and violent offender registry check" means verifying that the selected applicant or employee
has no undisclosed convictions of certain sex and violent crimes in any jurisdiction where the
applicant or employee currently resides or has resided.


Example 1
PROCEDURE:

All new employees shall have background checks completed as a condition of employment with
XYZ Transit. All offers of employment, oral and written, shall include the following statement:
"This offer is contingent upon the XYZ Transit’s completion of a background check."

A criminal history check and sex and violent offender registry check shall be initiated after
acceptance of the conditional offer of employment.

The individual's official name, date of birth, and social security number will be obtained from the
person and provided to a third-party which XYZ Transit has contracted with for associated services.


***The policies listed in this manual are intended to be used as suggestions or examples only. Please be sure to
tailor each policy to your own organization as it is created. Review by a legal expert within, or on behalf of, the
organization is strongly encouraged.
If the background check indicates that there are no convictions, the third party vendor will inform the
Transit Director of the results who in turn will inform the applicant that the employment offer is
confirmed.

If the background check indicates that there are convictions, the third party vendor will inform the
Transit Director. The Transit Director’s office will provide a copy of the report to the individual. (All
related information will be treated as confidential and protected as such.)

If the background check reveals convictions that the individual disclosed in the application, the
Transit Director will review the report with the employment committee, and they will jointly evaluate
each conviction, including any additional information that the individual provides, before the offer of
employment is confirmed or withdrawn. The existence of a conviction does not automatically
disqualify an individual from employment. Relevant considerations may include, but are not limited
to, the nature of the conviction, the date of and relationship the conviction has to the duties and
responsibilities of the position and the number of convictions. Any decision to accept or reject an
individual with a conviction is solely at the discretion of the XYZ Transit employment committee of
the governing board. (All related information will be treated as confidential, and protected as such.)

If unreported convictions are revealed in the criminal history check, the offer of employment will be
withdrawn and, if employed, the individual will be separated from employment, unless the individual
can show that the report is in error. The decision to reject or terminate an individual with an
unreported conviction is solely at the discretion of the Transit Director and the employment
committee of the governing board. (All related information will be treated as confidential and
protected as such.)

In the event that the results of the background check influence a decision to withdraw an employment
offer or terminate employment, the Transit Director will inform the governing board during a closed
session of the board.

All results of criminal and sex and violent offender convictions or issues are considered confidential
and will be maintained in confidential files.

Violations of XYZ Transit policies, including providing false or misleading information
used for any of the above background checks, may include disciplinary actions up to and
including termination from XYZ Transit.

Decisions regarding the withdrawal of an employment offer as a result of a background check
may be appealed to the employment committee of the governing board. An employee who is
terminated as a result of a background check may appeal such decision in accordance with
XYZ Transit’s personnel grievance procedures.



***The policies listed in this manual are intended to be used as suggestions or examples only. Please be sure to
tailor each policy to your own organization as it is created. Review by a legal expert within, or on behalf of, the
organization is strongly encouraged.
RESPONSIBILITIES:

The Transit Director and the governing board shall be responsible for compliance.


Example 2

PROCEDURE:
An original criminal record check, issued within the past 10 days, shall be obtained as part of the
application process. Persons with felony convictions of any sort are disqualified. Other
convictions that disqualify an applicant include crimes of violence, drug usage or sales, physical
abuse, fraud, or theft. A pattern of unlawful behavior shall also disqualify an applicant.

Prior to hiring, each applicant under final consideration for employment with XYZ Transit must
obtain a report from the local XYZ County Sheriff's Department and the Bureau of Criminal
Identification and Investigation (BCII). Each report must be acceptable to the XYZ Transit.

Any person conditionally hired who fails to pass a BCII criminal background check shall be
released from XYZ Transit's employment.

Any and all information obtained by XYZ Transit under this policy is confidential and shall not
be released or disseminated. Any applicant not hired because of information received from the
record check shall be assured that all records pertaining to such information shall be destroyed.

XYZ Transit will be responsible for any charges incurred to conduct the background checks.


RESPONSIBILITIES:
The Transit Director and the Governing Board shall be responsible for compliance.




FYI: The federal Fair Credit Reporting Act (FCRA) sets national standards for
employment screening. However, the law only applies to background checks performed
by an outside company called a “consumer reporting agency” under the FCRA. The law
does not apply in situations where the employer conducts background checks in-house.




***The policies listed in this manual are intended to be used as suggestions or examples only. Please be sure to
tailor each policy to your own organization as it is created. Review by a legal expert within, or on behalf of, the
organization is strongly encouraged.