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Policy 2003 - Background Checks and Criminal History

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Western Dakota Tech Policy Number:  2003


I.  Purpose

The purpose of the policy is to ensure that Western Dakota Tech (WDT) is a safe and secure environment for all constituents, including employees, students, and visitors.

II.  General Statement of Policy

A.  WDT is committed to the selection of quality employees and volunteers to provide a safe environment for all constituents. As part of that commitment,

1.  any offer of employment, including student workers, is contingent upon the satisfactory outcome of a criminal background check and when applicable a financial background check;
2.  WDT may obtain background checks on volunteers or employees of contracted vendors pursuant to this policy and in accordance with federal and state law;
3.  current employees who are arrested for or charged with a crime, including felonies and gross misdemeanors, or whose supervisor receives credible information regarding possible criminal acts, and the crime or possible crime is related to the employee’s position may be subject to a background check, suspension, or termination.

B.  Information received as the result of this policy shall remain confidential and shall not be released to any other individual or entity.

III.  Definitions

A.  Felony means a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year.

B.  Gross Misdemeanor means a crime which is more serious than a regular misdemeanor, but is still classified as a minor crime, as opposed to serious crimes. Such crimes may include petty theft, simple assault or driving under the influence of alcohol and/or other drugs. Typically, the maximum sentence is one year in county jail and/or $5,000 in fines.

IV.  Reporting Procedures – None

V.  Dissemination of Policy and Training

A.  This policy shall appear on the WDT website on the policy page.

B.  WDT will require all employees who have access to Criminal History Records Information (CHRI) be trained by the South Dakota Division of Criminal Investigation (SDDCI ) on the rules and responsibilities to ensure confidentiality safeguards.

Legal References: SDCL  22-1

Board Approved 07/11/2019

Related Policies, Procedures, and Exhibits:
2003.Procedure.001 - Background Checks and Criminal History

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