Background Screening Criteria

Rochester Institute of Technology (RIT) is committed to providing a safe and secure campus for its students, staff, faculty and visitors, and to protecting the material resources of the university. To achieve this goal, the university established a background screening process for individuals at RIT’s Henrietta campus with accepted job offers, as well as for workers or volunteers in camps or other programs involving minors.

The following elements are included, as appropriate, in RIT’s background screening process:

1. Criminal Background Check
2. Sex Offender Registry Check (National and NYS Division of Criminal Justice Services (DCJS) Sex Offender Registry)
3. RIT Student Conduct Check (for current or previous RIT students only)
4. Motor Vehicle Record (MVR) Check (when driving is an essential function of a position as documented and outlined in the job description)

As a condition of hire, a successful background screening is required for:

• All external candidates for regular faculty, regular staff and adjunct positions for all colleges and divisions of the university
• Co-op students in Institute Audit Compliance and Advisement  
• Student employees that will be bartending under a RIT liquor license
• Students working on grant associated or externally funded projects that require background screenings as a condition of the grant/project

The following individuals are subject to additional screenings (in addition to those above) prior to and/or during employment or appointment.

• Margaret’s House — additional screenings as required by the NYS Office of Children and Family Services (OCFS).
• Public Safety — additional screenings as required.

• Current regular faculty, staff or adjunct faculty/staff when transferring internally to a new position at RIT except as otherwise described in this policy
• RIT students other than those explicitly stated herein*
• Independent contractors
• External vendors/contractors for on premises work/events

* Certain academic programs and activities may have background screenings that are required by third parties with whom a student may be placed or interact (e.g., experiential or clinical placements, programs occurring with/at other non-RIT entities such as school districts, etc). Where RIT has agreed to perform these background screenings, the screenings will be conducted in accordance with the requirements set forth by the placement site.

Any applicant for employment or employee for whom RIT receives notification of a background check finding at any time shall be subject to the provisions of the Decisions to Deny Employment/Hire/Participation Based on Screening Results section described below and any actions related to their employment status shall be made in accordance with applicable RIT policy(ies).  This includes background check findings obtained for current employees, including but not limited to, background checks conducted in connection with participation in a camp/program with minors.

Current regular faculty, staff or adjunct faculty/staff for whom driving is an essential function of the job and they are not currently enrolled in LENS will be subject to screening procedures related to driving responsibilities.  Current employees may also be subject to screening procedures when required for any legitimate business purpose as determined by the Associate Vice President of Human Resources or their designee.

All agency temporary employees working on assignment at RIT are required to undergo the same scope of screening checks as required for RIT employees. The Agency will be responsible for running the specific elements required.

Background screenings for all programs involving minors are coordinated through the Office of Youth Protection and Compliance. The Office of Youth Protection will work with the program organizer to determine who is required to undergo background screenings as a condition of participation in a program involving minors.  Human Resources will administer the background screening process. Please contact youth@rit.edu to register your program and to review guidance regarding programming involving youth.

Elements included in the annual screening process for program organizers:

• Criminal background check
• Sex offender registry check (National and NYS Division of Criminal Justice Services (DCJS) Sex Offender Registry)
• RIT Student Conduct check (for current or previous RIT students only)
• Motor Vehicle Record (MVR) check – when driving is an essential function of the position as documented and outlined in the job description.

Elements included in the annual screening process for staff or volunteers for programs involving minors:

• Sex offender registry check  (National and NYS Division of Criminal Justice Services (DCJS) Sex Offender Registry)
• RIT Student Conduct check (for current or previous RIT students only)

More information about the Office of Youth Protection is available on their website.

If any element of the screening process reveals results that could be grounds for denying future or continued employment or participation in a program involving minors at RIT, Human Resources will follow this process to notify both the individual and the impacted department or program.

The individual will be notified that an element of the screening process has revealed information that may be grounds for denying future employment or continued employment or participation in a program involving minors.  A Human Resources representative will attempt to contact the individual regarding the report content. 

The Associate Vice President (AVP) of Human Resources (HR) or their designee will make the decision to deny employment or volunteer participation to an individual based on information obtained in the screening results which may include information from a criminal or MVR check, a result of a National and NYS DCJS Sex Offender Registry check, or RIT student conduct record.  

If the AVP of HR or designee determines that RIT should not continue the hire or continue employment, the AVP of HR may consult with the appropriate Vice President of the university before finalizing the decision. The AVP of HR does not need to consult with the appropriate Vice President of the University for decisions regarding participation for staff or volunteers for programs or camps dealing with minors.

The general and overarching conditions that guide the decision-making for employment or participation in programs involving minors are:

• New York State’s public policy of encouraging the employment of persons with prior convictions.
• The specific duties and responsibilities necessarily related to the license or employment sought.
• The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on their ability to perform one or more such duties or responsibilities.
• The time which has elapsed since the occurrence of the criminal offense or offenses.
• The age of the person at the time of the occurrence of the criminal offense or offenses.
• The seriousness of the offense or offenses.
• Any information produced by the person, or produced on their behalf, in regard to their rehabilitation and good conduct.
• The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.

If the candidate believes that the information contained in any aspect of the screening results is inaccurate, they can dispute the validity of the information by submitting an appeal to the background check vendor.  The hiring department will be required to hold the position open for up to 60 days if the candidate submits a timely appeal.

For employment related decisions: If/while the screening results are being contested for a regular faculty, staff or adjunct position, the department cannot hire another candidate. During this time, the department is permitted to fill the position on a temporary basis (through an outside agency or with a student worker) if circumstances require. The temporary employee must be advised in writing that the assignment is temporary, that it is for no more than 60 days, and that the temporary assignment is subject to termination with or without notice prior to the expiration of the 60 days.

The following individuals are required to complete an MVR check prior to the start of their employment/assignment for any position that lists driving as an essential function of the job (the reason that the position exists is to perform that function) as documented and outlined in the job description. 

• Regular staff, faculty or adjunct hires
• Current RIT regular employees/internal transfers (faculty or staff) unless they are already enrolled in the NY LENS program

Individuals without a valid driver’s license issued by a US State will not be permitted to drive. Please note that an International Driver’s Permit is not acceptable.

Please refer to RIT's Vehicle and Driver Safety Procedures for specifics regarding what is considered in an MVR review.

New York State LENS (License Event Notification Service) Program

In addition to completing a pre-employment MVR check, any RIT Employee (Regular Faculty, Regular Staff or Adjunct Faculty/Staff) who drives as an essential function of the job (the job cannot be performed without driving) must be entered into the NYS LENS Program  Employees must complete the NYS LENS background check form to be eligible to drive. 

Any RIT employee (Regular Faculty, Regular Staff or Adjunct Faculty/Staff) that drives an RIT vehicle as a convenience or occasionally when driving is not an essential function of the job must also be enrolled in LENS.

Departments with student employees who are required to drive as part of their job duties should follow the online instructions.

For individuals hired through the university applicant tracking system, a request will be automatically generated when the department moves a candidate to a hired status.  The request will be submitted by Human Resources. 

Background screening forms will be issued as soon as requested but no earlier than 45 days prior to the employee start date of the position or the first date of the program requiring a screening.

For camp/program organizers or volunteers, please contact the Office of Youth Protection and Compliance.  

Background screenings typically take between 7-10 days to complete but may take longer.  The hiring manager or program organizer must receive notification from Human Resources that the background screening has been cleared prior to the start of any individual’s assignment.

Updated November 15, 2023