Policy No. ULC.1997.005

IDENTIFYING AND FILLING SECURITY SENSITIVE POSITIONS
Policy passed by University Council May 8, 1997

1.0 PURPOSE

1.1  Texas Education Code, Chapter 51, section 215 and UH System policy enable the identification of security sensitive positions and background checks to ensure suitability of personnel to fill such positions.

1.2  This policy and its procedures detail the approved method for identifying security sensitive positions and ensuring that personnel hired to fill such positions meet acceptable standards.

2.0 POLICY

2.1  It is the policy of the University of Houston-Clear Lake to designate certain positions as “security sensitive.”  In accordance with state law and UHS policy, positions may be designated as security sensitive if any of the following criteria are met:

•  the incumbent has access to or control of activities, systems, and/or resources that are subject to misappropriations, malicious mischief, damage, and/or loss or impairment of communications or control;

•  the incumbent is required to handle substantial sums of currency;

• the incumbent has access to confidential information and/or the ability to create, delete, or alter records in any of the university student, financial, personnel, payroll or related computer databases or to research databases that may contain trade secrets;

•  the incumbent has routine access to building master control and key systems;

•  the incumbent is responsible for the care or instruction of children; or

•  the incumbent works in an area of the university that has been designated a security sensitive area.

2.2  Positions designated as security sensitive will be clearly identified as security sensitive in official position descriptions and advertisements for job applicants.

2.3  Final candidates being considered for security sensitive positions will undergo a criminal history record investigation.  Candidates who decline to submit to a criminal history record investigation or fail to provide required information may be denied employment for a security sensitive position.  No offer of employment for a security sensitive position will be made until the criminal history record investigation is completed.

2.4  Information obtained through criminal history record investigations will be treated as confidential to the greatest extent possible.

2.5  Nothing in this policy shall be used as the basis for discrimination or retaliation against any individual or group on the basis of race, gender, age, color, religion, national origin, disability, sexual orientation or veteran status.

2.6  This policy and its procedures applies to all positions, full and part-time, permanent or temporary, in all university programs regardless of funding source, whenever such a job is designated as security sensitive.  The policy applies to both internal and external candidates for these positions.

3.0 POLICY PROVISIONS

3.1  Designation of Security Sensitive Positions

a.  The hiring authority responsible for a position may request that the position be designated as security sensitive.  The Executive Director of Human Resources/AA will review the position description and determine whether or not the duites of the position warrant this designation. If the duties of the position qualify for it to be security sensitive, this must be denoted on the position description and included in all job announcements.

b.  The Executive Director of Human Resources/AA will make a determination in accordance with state law and UH System policy as to whether or not the position is to be security sensitive.

c.  Any subsequent advertisement for employment for this position, including notices of position vacancy posted internally at UHCL, will contain a statement that the position is security sensitive and a complete criminal history record check is a prerequisite for employment.

3.2  Job Offers and Criminal History Record Investigations

a.  After selection of a final candidate, the hiring authority must contact the Employment Coordinator in the Office of Human Resources/AA to request a complete criminal history record investigation of the selected applicant.  No job offer may be extended until the request for the criminal history record investigation is completed.

b.  The Office of Human Resources/AA will prepare a request for criminal history record investigation according to departmental procedures, providing identification information including the candidate’s name and current address, date of birth, gender, social security number, driver’s license number and state of issue.  This information will be sent immediately to the UHCL Police Department and will be handled confidentially.  No criminal history record investigation will be conducted without the signature of the applicant on the approved form and the approval of the Executive Director of Human Resources/AA, or designee.

c.  The criminal history record investigation will be conducted by the Chief of Police, or designee.  The cost of the investigation will be billed to the hiring department.

d.  All data obtained in the criminal history record investigation will be privileged and confidential.  This information will be maintained by the investigating authority while it is being considered and will not be released or otherwise disclosed to any other person or agency, except as provided by this policy.

e.  Based on the results of the investigation, the Chief of Police, or a designee, will report to the Executive Director of Human Resources/AA, or a designee, that the applicant has “no record of conviction” or has a “positive record of conviction” and will provide information as to the nature of any positive record of conviction.

f.  The Executive Director of Human Resources/AA, in consultation with the Chief of Police, will evaluate any positive record of conviction against job related criteria and will make a recommendation as to whether the applicant is “employable” or “not recommended for employment.”  An applicant with no record of conviction will be recommended as “employable.” Notification of clearance will be sent to Executive Director of Human Resources/AA, or designee, in writing.

g.  All applicant's have the right to review his or her criminal history information, challenge its accuracy and completeness, and request corrections.