HR 2015-08: Background Check Policy FAQs, Part I In response to campus submission of questions relating to the implementation of HR 2015-08, systemwide HR has compiled the following summary of responses, which has been organized under the following categories:          

Policy Implementation & Administration Labor Legal Job Description/Job Posting/Recruitment Process Organization Faculty Students & Minors Volunteers & Special Consultants Contracts/Third-Party Vendors Auxiliaries

CATEGORY: POLICY IMPLEMENTATION & ADMINISTRATION 1. Will the background checks be part of the routine employment process or in addition to it? For campuses that already conduct background checks as specified in the policy, it will continue to be a routine part of the employment process. For campuses currently not conducting background checks as described in the policy (e.g., for new faculty hires), this will be a new part of the process. How will the costs be covered? The cost will be borne by the campus. 2. When is the grace period for implementing this policy? The grace period for implementing this policy was between June 26 (when the policy was formally published) and the policy’s effective date, which is August 3, 2015. 3. Are employment verifications and reference checks also required for emergency hires (Intermittent employees) and short-term hires (less than 90 days in duration)? Yes, the policy requirement applies to all new hires, including temporary, probationary, intermittent, and atwill employees. 4. Should a background check be required for a position that had been posted without the background check requirement language, if the offer is made after 8/3/2015? Yes, a background check is required, and the candidates for this position must be notified of the background check requirement. Should we re-post active job postings with the language requiring a background check? Yes, as it will be applicable to offers made on or after 8/3/2015. Campuses should incorporate this requirement into the recruitment process as soon as possible. If there are applicants who applied prior to the new posting, do we need to notify them separately about the background check requirement? Yes. There are different ways campuses may inform candidates of this background check requirements for current recruitments. Campuses may modify job postings to include the background check requirement, verbally inform candidates before or during interviews, provide a written notice, and/or add a notice to the supplemental questionnaire.

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If a current employee is voluntarily moving from a position that was subject to a background check to another position subject to a background check, will a new background check be required if more than 12 months has elapsed since a check was previously performed? Yes. Will campuses be required to confirm that previous background checks were completed for current employees who are voluntarily moving into sensitive positions? Yes. Every employee voluntarily moving into a position in which a background check is required must complete it unless they have had a CSU background check at the same campus in the past 12 months. Therefore, for a current employee in this situation, the campus will need to verify whether or not a background check occurred within the last 12 months to determine whether a new check is required. If the verification of previous background check cannot be located, and the employee is voluntarily moving into a position that requires a background check, should the employee be required to undergo a background check now? Yes, if the campus is unable to confirm that the employee has undergone a CSU background check at the same campus in the previous 12 months, then the employee must undergo a new background check. What if the employee’s offer letter required a check that the campus did not complete? If the check was not completed, and the employee is now voluntarily moving into a position that requires a background check, then a background check must be completed. Are current employees who conduct, review, and store background check results required to have a background check, or are they grandfathered into the policy? Employees who have access to CORI (Criminal Offender Records Information) are by law subject to a background check. If these employees have not had a background check (e.g., at the time of hire or when the employee was put into the role where he/she has access to CORI), campuses are required to run a background check on these employees as soon as possible. **NOTE: During the broadcasted teleconference, the facilitators indicated that a background check was not required for current CSU employees who are not moving into new positions that require a background check. Please note that it has since been determined that individuals currently holding positions that are required to undergo a background check by law are required to undergo a background check, if a background check was not performed on the employee when he/she was hired or moved into the position, regardless of whether or not this was voluntary. See Attachment A Section III. C. What about a current CSU employee who has not had a background check, and who is not moving into a new position? No background check is required for existing employees who are not moving into a new position, unless the position they are currently in requires a background check by law and the employee has not undergone a background check. The policy indicates that all new hires will have to complete the criminal records, education, and employment verification, as well as the reference checks. What if the position doesn’t require education? An education verification is still required as part of the “Required Background Checks” as indicated in the policy. Most positions at the CSU require, at the minimum, a high school diploma or GED certificate. In some cases, an applicant may not have education and/or employment to verify (particularly student workers). Could we limit the background check for those individuals to just the criminal records check? No, campuses should attempt to check available information. As a reminder, student workers are not subject to a background check unless they are in positions that require a background check. Are there any campuses that have already implemented the policy so that we can use them as a model? We suggest campuses inquire with one another using the HRO listserv.

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10. For employees who come from another CSU campus, are these employees still required to undergo a background check at the new campus? Yes, employees who come from another CSU campus and/or the Chancellor’s Office (CO) are considered “new hires” under this policy and will be required to undergo a complete background check at the new campus. What if the other campus and/or the CSU employee already have a copy of the completed background check results? Can the appointing campus use the results to satisfy the background check requirement? The decision to use existing results is at the campus’ discretion. The campus may use existing background check results, however, the campus should ensure that the background check results are complete and valid (e.g., that the appropriate checks were done, and that it was completed in the last 12 months). 11. Should the individualized assessment for adverse criminal records check results be documented, filed (electronic or paper), and how long must it be retained on file? The campus should document the individualized assessment. All records, including the documentation of the individualized assessment and other related documents, must be retained on file for up to two years past the position fill date. If the employee is hired, these documents must be kept separate from the employee’s personnel file and in accordance with EEOC regulations. For more information, see the “Records Retention” section of Attachment A of the Background Check Policy. 12. Given that the scope of a “background check” has been expanded to include “employment verification, education verification, and reference checks”, must those records be retained and secured in the same file/location as the criminal records check? Yes, all background check records must be kept separate from the employee’s personnel file, pursuant to the Records Retention Policy. For more information, see the “Records Retention” section of Attachment A of the Background Check Policy. 13. The policy states that “for candidates that are current CSU employees, the Human Resources and Academic Personnel office will notify the candidate if the results of the criminal records check are determined to disqualify the candidate from promotion, transfer, reclassification, reassignment or reappointment.” Are “retention” and “tenure” included? No, the policy does not require a background check in connection with retention or tenure decisions of a current CSU employee. 14. The limited exception on allowing an employee to begin work prior to completion of a background check only applies to faculty, not staff. There are key staff positions that are as critical to campus operations as faculty. Are there provisions for “exceptions” for MPP or other positions? No, the limited exception only applies to faculty. The decision to allow a limited exception for faculty was in consideration of the adverse impact of not being able to offer classes to students. 15. Can we allow a candidate and/or existing employee to start work but indicate they cannot perform the sensitive duties (e.g., gain access to our Level 1 data) until cleared? No. 16. How do we know if temporary and/or permanent reassignments are voluntary? Can a background check be performed for temporary/permanent reassignments? If the employee has the opportunity to accept or decline the reassignment, then the reassignment is voluntary. For voluntary reassignments, a background check is required only when the employee is moving into a position that is required by law to undergo a background check or is considered “sensitive”. 17. Background checks are not required for current employees, unless they voluntarily move into a position that requires a background check. The document also states background checks are not required for involuntary reassignments or reclassifications. Does the word “involuntary” only apply to reassignments? No, “involuntary” applies to transfers, reclassifications, reassignments, and appointments.

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Is a background check still required if a reassignment is mutually agreed upon? Yes, a background check is required if the position requires a background check, and the reassignment was voluntary (e.g., mutually agreed upon). What is considered “personally identifiable information”? Personally identifiable information refers to employee records, student records, or health information that is considered restricted, sensitive, or confidential (i.e., Level 1 data). Positions that require access to level 1 data are considered sensitive. For more information about Level 1 data, refer to the Information Security Management’s Information Security Data Classification Policy at http://calstate.edu/icsuam/sections/8000/8065_FINAL_DRAFT_Data_Classification_CW_V4.pdf. Throughout the policy it states, “the campus should” or “the campus must”. Since this is an HR policy, does the enforcement responsibility automatically default to campus HR? My concern is that we will not have visibility of the need until after a problem occurs. This policy had been communicated to numerous constituents, including the Chancellor, Vice Chancellors, campus Presidents, and campus Business & Finance Officers, all of whom have given us their full cooperation and support. Campus Presidents are responsible for enforcing this policy; campus HR acts on behalf of the Presidents and should work with appropriate campus departments to ensure campus compliance with the background check requirements. Can we have more than one Background Check Coordinator? Yes. Campuses may have more than one Background Check Coordinator, as long as the process remains consistent and the Background Check Coordinators are adequately trained. The number of Background Check Coordinators campuses may have will be based on campus needs (e.g., 1 for faculty, 1 for staff). Can we have more than one Records Custodian? Yes. Campuses may have more than one Records Custodian, as long as the process remains consistent and the Records Custodians are adequately trained. Does a Records Custodian need to be authorized by the Department of Justice (DOJ) to conduct Live Scan fingerprint checks? No, a Records Custodian is not required to be authorized to conduct Live Scan fingerprint checks, especially if the campus does not utilize Live Scan. However, if a campus uses Live Scan, the individual who is authorized by the DOJ to conduct Live Scan will be the designated Records Custodian. Can the Records Custodian be delegated to an employee in the Police Department? Yes. The policy states that the “hiring department and current department of the applicant/employee (if applicable) will not be notified of the specific results of the criminal records check.” However, if HR hires a new employee and HR is also the entity that conducts the background check, will HR have to be notified of the background check results? Yes. The policy requires that the information be kept confidential and specifies that the only people who should have access to information revealed by the background check are the background check coordinator(s), records custodian(s), the decision maker, and anyone whom the decision maker consults with (e.g., Chief of Police, campus counsel). Management needs to ensure that confidentiality is maintained in this case. Will the Chancellor’s Office be providing a standard set of questions of all campuses to use in conducting reference checks? No. When current CSU employees are voluntarily promoted, reassigned, or reclassified into positions that are required to undergo a background check, do we still need to do an education, employment, and reference check? Would simply performing a criminal records check suffice? If the employee hasn’t undergone a background check at the same campus in the past 12 months and voluntarily moves into a position for which a background check is required by law or that is a sensitive position, then a full background check must be done. However, in cases where campuses having existing Page 4 of 12

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information to support a background check (e.g., high school diploma or bachelor’s degree has already been verified), then duplication of efforts is not necessary. Instead of performing a complete background check (education, employment, reference and criminal records check) on rehires upon their return, can we just run the criminal records check? That depends. If the employee had a break in service for more than 12 months and did not undergo any background checks at the same campus in the last 12 months, then the employee would be required to undergo the full background check. In cases where campuses have existing information to support a background check (e.g., high school diploma or bachelor’s degree has already been verified), then duplication of efforts is not necessary. If the break in service is less than 12 months and/or the employee had undergone the background check at the same campus in the last 12 months, then a background check is not necessary. What is the difference between the employment verification and a reference check? The employment verification verifies the dates and companies of employment while the reference check gives a professional assessment of the applicant’s work history and skills. A candidate’s reference check source typically includes a past employer, supervisor, or co-worker. “The campus will verify all prior employment within the past ten (10) years”. What information needs to be collected and from whom – the employee or the employer? Information needs to be collected from the employer, regardless of whether the employment verification is conducted by the campus or by a third party vendor. Information collected would include the name of the prior employers, dates of employment, and position title. Is this requirement applicable to all employees regardless of classification? Yes, this is required of all new employees, and current employees who are voluntarily moving into positions in which a background check is required by law or is designated a sensitive position. Would a current employee who had not undergone a background check and who accepts an additional appointment to a position that is considered sensitive be required to have a background check (e.g., a Faculty employee who accepts a special pay appointment or a staff employee who accepts an additional appointment to a coaching position)? Yes, that employee is required to undergo the background check appropriate to the additional (not existing) position. If the department chair completes the reference checks for the new hire, do we need to verify that the reference checks were completed? Yes, the appropriate office should verify that the reference checks were completed. Would a statement from the Department Chair be sufficient or does HR need to retain notes from the reference checks? All documents related to the background check should be kept together, including all notes from the reference checks and must be submitted to Records Custodian for retention. The policy states that criminal records checks and sexual offender registry checks are required for employees, volunteers and consultants who work at CSU-hosted recreational camps and clinics where minor children participate. The policy also states that the Ed Code requires fingerprinting. Does this mean that all employees and volunteers who fall under this category must be fingerprinted? Yes. The Education Code specifically requires prospective employees and volunteers in this category to submit fingerprints to the Department of Justice. Therefore, these employees and volunteers will therefore have to go through the Live Scan process. Our campus uses a third party vendor for background checks. Does this mean that we’ll have to conduct a criminal records check through the third party vendor and a Live Scan fingerprinting check for these applicants? No. In this instance, campus may conduct the background check through the vendor (education, reference, employment verification), and use Live Scan to conduct the criminal records check. Page 5 of 12

The policy also states that Bargaining Unit workers in this category need not be checked if they have completed a criminal records check within the past 12 months. Does that have to be a fingerprint check? Yes. The prior background check would have to include a fingerprint check. Is the Ed Code’s definition of “camp” the same as the CSU definition? Yes. The Education Code uses the term “public recreation program” in a similar way that CSU uses the term “camp”. Both definitions cover activities of both an academic or athletic nature and encompass programs for minors of a relatively short duration. CATEGORY: LABOR 32. The policy states that “Campuses must review their existing policies to ensure that they are in compliance with updated requirements and should work with their respective labor managers to address any potential meet and confer issues”. Has the Policy already gone through systemwide meet and confer process? Yes, the policy had already gone through a systemwide meet and confer process. The Chancellor’s Office provided notice to all unions in 2013 and 2014. The Chancellor’s Office satisfied the meet and confer obligations on a systemwide basis with the unions prior to its June 2015 publication of the Background Check Policy. However, we encourage campuses to work with their respective labor managers on campusspecific meet and confer issues that may arise. CATEGORY: LEGAL 33. “The CSU shall not subscribe to subsequent criminal records updates on applicants or employees, unless otherwise required by law.” Once an employee completes a Live Scan at our campus, the campus continues to receive any updates that may occur beyond the initial scan. Is this no longer allowable under the Background Check Policy? The policy prohibits the campuses from subscribing to unless updates are required by law. Can you please provide clarification to the applicable law(s) that we should reference in order to comply with the policy? We are not aware of any laws that require continued updates beyond the initial scan. 34. If new laws require background check, will that also be governed by the “voluntary” nature of the appointment? No, campuses are required to comply with new federal and state laws when they are passed, regardless of the voluntary/involuntary nature of the appointment. 35. For background checks required by law are we required to background check annually for those positions? If the law specifically requires an annual background check, then the campus must be in compliance. 36. Are we required to repeat the background check annually for employees in sensitive positions? No, the policy does not require a background check to be completed every year for employees in sensitive positions, unless required by law. 37. Where in the policy does it say that we cannot consider criminal records beyond 7 years? See Attachment A Section VII A. “Conducting Criminal Records Checks” – “The CSU will not consider a conviction that occurred more than seven (7) years before the assessment”. Why doesn’t the policy allow us to consider a criminal records check beyond 7 years? Since third party vendors are not allowed to report criminal convictions beyond 7 years, the policy decision was made to apply the same criteria at the CSU. Does this mean we cannot consider sexual offenses that occur more than 7 years ago for candidates, especially ones that will work with children? These individuals will be on the sexual offender registry, and we strongly urge the campus to disqualify candidates based on this finding. Campus should consult with the respective campus counsel in these instances. Page 6 of 12

CATEGORY: JOB DESCRIPTION/JOB POSTING/RECRUITMENT PROCESS 38. Can the requirement for the background check notice be on the employment page (which every applicant has to access before they can apply) instead of on each single job posting? No. The background check notice should be placed on the job posting, as it is a requirement for the job. 39. The policy states that job descriptions should reference the background check requirements in the qualifications. Will campuses be required to list the specific background checks that the candidate will be required to complete? (e.g., “This position is subject to employment verification, education verification, reference checks, and criminal records checks.” For coaching positions and counselor positions add “Sexual offender registry checks” and “professional licensing/credential verification”, respectively) Yes. To remain as transparent and as detailed as possible, it is recommended that the specific type of background check required should be listed on job descriptions. Otherwise, the campus may make a general statement that states the position may be subject to a background check (including a criminal records check). Is there specific language that the Chancellor’s Office wants campuses to use in the job descriptions? No, there is no required language at this time. 40. Do we still require candidates to complete the supplemental application form (at our campus this form is completed at the first interview)? Yes, the supplemental application form is a separate requirement per HR/Appointments 2014-02. Can we provide this form to the background check company in order to initiate the background check process? No, the Supplemental Application Form should not be used as the authorization for a background check; applicants must complete a separate form to initiate the background check process (see Attachment D for appropriate forms). 41. There are online tools that can be used to verify employment and check references. Does the policy prohibit this? No. If the campus chooses to conduct its own employment and reference checks, the campus may use online tools. Prior authorization must be obtained from the applicant before using these online tools. Additionally, checks must be done consistently across all candidates for the same position. This means you must use the same online tools with all candidates for the same position. 42. May we request submission of transcripts, GED, or license at the time of application? The timing of campus requests for the submission of transcripts, GED, or proof of license is at the campus’ discretion. However, due to the work load of collecting such information, it is reasonable for campuses to ask for this information at a later time in the recruitment process, when the candidates are being seriously considered for the position. 43. All advertisements, notices and postings for positions that require background check must also state: “A background check (including a criminal records check) must be completed satisfactorily before any candidate can be offered a position with the CSU. Failure to satisfactorily complete the background check may affect the application status of applicants or continued employment of current CSU employees who apply for the position.” Would this include external advertisements? Yes, including online postings. 44. Our offer letters currently have language that states that an offer of employment is contingent upon the successful completion of a background check. The new Policy adds more language. Will we be required to copy this word for word? No, campuses are free to adapt their own language or use the CSU-provided language.

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45. What does the term “finalist” mean? The term “finalist” refers to the candidate(s) to whom the campus intends to extend an offer of employment to. 46. Can the campus proceed with another candidate while the appeal process is progressing with the initial candidate? The campus may begin the background check process for other candidates, but we recommend that the campus remain uncommitted to other candidates until the initial candidate’s applicant status is finalized. 47. During the process for an immigrant visa, our foreign applicants are required to submit police clearance certificates from the country of residence. Can foreign candidates submit the police clearance certificates as part of their background check? Yes, due to limitations on information available on foreign candidates, the campus may determine how to comply with the policy on a case-by-case basis. The campus may accept the police clearance certificate as part of the background check. It is recommended that campuses utilize a third party vendor to conduct the criminal records check. 48. If a department conducts its own reference check on a candidate, should the information be kept with the other background check results? Yes, the information should be kept by the Records Custodian with other background check results (e.g., criminal records check results) in compliance with Section X of Attachment A. CATEGORY: ORGANIZATION 49. In Section VI of Attachment A, the policy states that “The campus will initiate background checks on the final candidate(s) before making an offer of employment. The offer of employment must clearly state that the appointment is contingent upon successful completion of the background check, and may be rescinded if the background check reveals disqualifying information and/or it is discovered that the candidate knowingly withheld or falsified information.” Later in the section, “The criminal records check should be initiated and completed before offering an individual a CSU position.” Is this inconsistent? The background check (including the criminal records check) may be initiated before an offer of employment is made. If the offer is made before the background check has been completed (e.g., the candidate is cleared to start work), the offer must be contingent upon the successful completion of the background check. CATEGORY: FACULTY 50. What happens if a lecturer has been granted an exception to start work, but then receives a negative finding? Per policy, the campus should conduct the individualized assessment and determine whether to disqualify the employee. The contingent nature of the offer allows the campus to withdraw the offer if the campus decides that an employee’s background check results disqualify the employee from the position. 51. Our Academic Affairs division has hired (the positions were offered and accepted) new tenure-track faculty, some of whom are international faculty. They won’t officially start work until the beginning of the fall semester in late August. Is the campus still required to conduct a background check for those new faculty even though the requirement to successfully complete a background check was not part of their original position description or job posting? No, the background check requirement is not applicable to positions that were offered and accepted prior to the policy’s effective date of August 3, 2015. 52. Are temporary faculty members that have a 3-year appointment but do not work for 12 months or more required to undergo a background check when he/she returns to work? No, if the employment status of the employee has not changed, then the employee is not required to undergo a background check when he/she returns to work. A lecturer with a break in service in the middle of a three-year appointment is considered a continuing employee, not a rehire. Page 8 of 12

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What about a continuing lecturer who teaches during the Fall one year, has not been separated, but does not return until Spring quarter the following year? No. Since the lecturer has not been separated, the lecturer would be considered a continuing employee. A tenured faculty member may be informally reassigned to 100% non-teaching duties or an assigned time basis for a year or longer. The assigned duties and position does not require a background check by law, nor is it deemed sensitive. Does this require a background check? No. If a current lecturer gets hired to teach as a lecturer in another department in another college at the same campus, is the employee required to complete a background check? If the new position is “sensitive” or required to undergo a background check by law, and the employee has not undergone a background check at the same campus in the previous 12 months, then the employee is required to complete a background check for the new position. Some of our faculty work Special Consultant assignments for the summer. Our assumption is that we will need to determine if the work they perform in the Special Consultant role is considered sensitive. If it is, even if the employee is a current faculty member, they will need to undergo a background check if they haven’t had one within the past 12 months, is that correct? Yes. Current faculty members should be background checked if they voluntarily move into a sensitive position AND they haven’t had a CSU background check at the campus in the previous 12 months. We hire foreign faculty members. How will the criminal records check apply to these hires? Faculty members from foreign countries will be treated on a case-by-case basis. Countries vary in their abilities to provide criminal records. Some third party vendors (including Accurate Background) have international access to the records that are available. We currently request letters of recommendation from new faculty. Will the letters of recommendation suffice for reference checks, or should the reference checks be completed in addition to the letters of recommendations? A reference check should still be conducted, even if the candidate has letters of recommendations. Are the reference checks required for all faculty employees, including lecturers? Yes, reference checks are required for all new faculty employees.

CATEGORY: STUDENTS & MINORS 58. Are all Unit 11 students required to complete the background check, or are only Unit 11 students in sensitive positions be required to complete the full background check? Only Unit 11 students in sensitive positions and/or in positions that require background checks by law are required to undergo a background check. The policy defines a “student worker” as a CSU student appointed to a CSU student classification whose educational relationship with the university is predominant and who qualifies for the student FICA exemption. Our intent was to exclude student workers from the background check requirement (except those in positions requiring a background check), including students who do not qualify for the student FICA exemption. The Chancellor’s Office will modify the policy accordingly. 59. For our student employees who are required to undergo a background check, do we still need to verify education if they would have had to meet the educational requirements for admission to the university? Yes, these student employees would be required to undergo the full background check, including education verification. 60. What if student assistant hires complete a supplemental form that notifies us of a criminal conviction but their position is not “sensitive”? For example, what if they have been convicted of a sex crime and they notify us? We’d be remiss not to send them for the background check (even if their position may not deal with minors)? Please clarify this. In this situation, if the supplemental questionnaire (or any other source) reveals adverse information that would potentially affect the University, the campus should investigate the matter appropriately. Page 9 of 12

61. What does the term “minor” mean? “Minor” is defined in the policy (see Attachment D) as anyone under the age of 18. For camps or clinics in which minor children participate, a minor is anyone under the age of 18 at the start of the camp/clinic. CATEGORY: VOLUNTEERS & SPECIAL CONSULTANTS 62. Are we required to complete the standard background check (education verification, employment verification, criminal records check, references) for all of our new volunteers? No, only new volunteers who will work in positions in which the duties are “sensitive” or for which a background check is required by law must undergo the standard background check (employment verification, education verification, reference checks, and criminal records checks). If they will work around minor children, a sex offender registry check is required as well. New volunteers working in other kinds of positions are not required to undergo a background check. Existing volunteers are not required to be background checked. 63. Student workers and volunteers do not typically have a position description and are hired by the departments. How will HR be able to identify the appropriate positions? HR should work with the appropriate departments to determine if the assignments given to the student workers and volunteers would require a background check. 64. We’re already conducting background checks on volunteers who work with minors in camps and clinics but haven’t been doing them on volunteers that perform services similar to those of employees in sensitive positions. Should we identify existing volunteers in positions that require a background check and require these volunteers to undergo a background check? No, existing volunteers will not have to undergo a background check. However, it is recommended that campuses identify volunteer assignments that are sensitive or require a background check by law in order to conduct background checks for future incoming volunteers. 65. The policy states that “Background checks are required for volunteers if they will have duties and responsibilities that would require a background check if performed by a CSU employee.” What does this mean? If a volunteer performs services that are deemed “sensitive” (see the “Sensitive Positions” section of Attachment A), then the volunteer would be required to undergo a background check. If a volunteer works in a position for which federal or state law require a background check, then the volunteer is required to undergo a background check. 66. Are Special Consultants/Special Pays considered employees? Yes. 67. Volunteers that are involved with minors, have “sensitive” duties, or are in positions that require background checks by law are required to complete a background check. Are all other volunteers that don’t fall under these categories required to undergo a background check? No, unless volunteers work with minors, have “sensitive” duties, or are in positions that are required by law to undergo a background check, these volunteers will not be required to undergo a background check. 68. What if we have students acting as volunteers, are they required to undergo a background check? If the student is volunteering for a position that is sensitive, or the position is required to undergo a background check by law, then the student volunteer would be required to undergo a background check. CATEGORY: CONTRACTS/THIRD-PARTY VENDORS 69. Will the Chancellor’s Office be providing guidance to CSU Procurement Directors and providing sample language that must be inserted in CSU contracts? Campuses should consult with their respective contracts office to determine appropriate language to be inserted into CSU contracts.

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70. Are we responsible for 3rd party vendors such as pest control, cleaning crews, or technology consultants? No, the CSU is not directly responsible for third party vendors. However, as a condition of their contract, the campus must ensure that the vendor has completed the appropriate background checks for their employees before they can provide services to the campus. 71. What about high schools that operate on our campuses? Since they are not operating under the CSU name are they exempt from this policy? No, high schools that operate on CSU campuses are not exempt from the policy. While they may not be operating under the CSU name, they are still operating on CSU property, and therefore are required to have their employees complete the appropriate background checks. 72. Can a campus use alternating, or even a combination of services to conduct the background check (e.g., Live Scan, Accurate Background (3rd party vendor), and campus Police)? Yes. 73. Will the campuses be required to use a specific vendor? No. Campuses may continue to use their existing vendor(s), a vendor of their choice, or Accurate Background. Systemwide HR has negotiated a contract with Accurate Background that provides discounted rates and better response times. 74. Does the policy prohibit the continued use of Live Scan? No, campuses may continue to use Live Scan. 75. The use of third party companies (e.g., temporary rentals on campus) do not require background checks unless they are in “sensitive” positions or require a background check by law. What if they employ minors? Adults and minors who are employees of outside entities or independent contractors and work on campus are required to be background checked if they work in “sensitive” positions, and/or in positions that require a background check by law. Adults and minors who are employees of outside entities or independent contractors who perform work involving direct contact with minor children at CSU-hosted recreational camps or clinics, whether on or off campus, are required to have background checks, including a criminal records check and sexual offender registry check. 76. What is the name and contact information for the background check vendor that CSU has contracted with? Any campus interested in contracting with Accurate Background may contact the following: Kerra Flood, Senior Regional Sales Manager (800) 784-3911 [email protected] 77. If we use Accurate Background as a third party vendor, what is the expected response time for background checks? Order and completion of the background checks depend on the type of search. “Criminal Only”-related searches are between 24-72 hours. Education, employment, references, and other types of verifications range from 1-5 days. 78. Independent contractors who have “sensitive duties” or are in positions that require a background check by law must attest that appropriate background checks have been completed on their employees. Do they have to provide proof or certification that background checks have been done? Yes, campuses may request proof that the background checks have been done. CATEGORY: AUXILIARIES 79. Will the auxiliaries also be able to set up an agreement with Accurate Background to conduct their background checks? Yes. The Auxiliaries may contact Accurate Background directly to negotiate a separate contract with them.

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80. If the auxiliary handles food service on behalf of the campus (i.e., duties not performed by CSU employees), do student (and non-student) hourly food service employees need to be background checked? Only if these positions are deemed sensitive or are required to undergo a background check by law. 81. Is a cashier position who is employed by the auxiliary considered “sensitive”? Auxiliaries have the discretion to determine which positions are considered “sensitive”. However, this determination should be consistent with the campus standards for determining sensitive positions (e.g., campuses may establish a financial threshold for cashiers). EN/tl Last revised August 7, 2015

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