Ibrahim Gardner
Background checks are a common requirement for individuals seeking employment or admission to educational institutions. Universities, in particular, may conduct background screenings on prospective students, employees, and faculty members for various reasons. While the specific practices may vary across universities, understanding the purpose and scope of these background checks is essential for international students applying to universities. The presence of negative information in a background check does not automatically disqualify an applicant, but certain criminal records, especially those involving harm or violence, may be subject to particular scrutiny and could impact the admission decision.
| Characteristics | Values |
|---|---|
| Purpose of background checks | To reduce potential risk to the University and its constituencies |
| Who does the university perform background checks on? | Officers, priests, faculty, administrators, staff members, employees, Graduate Assistants, all persons residing in University housing, Volunteers, prospective employees, etc. |
| Who performs the background checks? | The University utilizes the services of a third-party vendor or may conduct some or all of the background checks itself |
| What is checked? | Criminal history, inappropriate behavior, etc. |
| What happens if there is negative information on the background check? | Having negative information does not automatically disqualify a candidate. Depending on the university and the severity of any crimes, they may be understanding. |
| What if information is omitted or falsely reported? | This can be cause for withdrawal of an offer of employment, promotion, or transfer and/or cause for termination of employment, assignment, residency, occupancy, or authorization as a Volunteer. |
| Are there any checks for international students specifically? | No specific mention of international students, but background checks are required for all students in certain courses, such as nursing, medicine, and psychology. |
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What You'll Learn
Criminal records and watch lists
Universities must ensure that their staff and students are safe, and they have a duty of care to provide specific support to all students. As such, criminal records checks are important for all applicants to ensure a safe place of learning and working. Most universities will only look at convictions that are relevant to maintaining safety on campus, such as convictions relating to violence, sex offences, drugs offences, firearms, arson, or terrorism.
In the UK, UCAS removed the requirement for applicants to declare unspent criminal convictions when applying through them for a place at UK universities for September 2019 entry onwards. However, universities are still entitled to look into a candidate's criminal background during the application process, either as part of their institutional terms and conditions or as needed for the course itself. For instance, if students are applying for courses where they might be working with children or vulnerable adults.
International criminal records checks are necessary for any relevant application by students who have spent more than 12 months living outside their home country after the age of 18. However, these checks can be more complicated than domestic checks due to language barriers, differing laws and regulations, and data privacy laws. For example, Article 10 of the GDPR restricts the processing of criminal records information for member states of the European Union (EU), and some countries have more stringent data privacy laws that limit the types of jobs for which criminal offense information can be processed.
Colleges that perform background checks tend to focus on the nature of the convictions and crimes, and certain criminal behaviors may exclude students from gaining admission, especially for degrees that prepare students to work with vulnerable members of society. Colleges also want to ensure honesty from applicants, which is a core value they want to instill in their students. Lying on an application form is more likely to lead to rejection than having a criminal record.
Background checks can also include social media profiles, and certain criminal records will always disqualify applicants from becoming students. For example, if an applicant is on a "watch list" such as the FBI Most Wanted, INTERPOL, FBI Most Wanted Terrorist, or National Sex Offender Registry, allowing such a person to become a student could subject the college to civil and criminal penalties.
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Affiliation agreements
While it is not clear how common it is for universities to perform background checks on international students, some universities do conduct background checks on their students. These background checks are often done through various platforms, including county records and transcripts. Some colleges also use third-party services such as WhitePages, InstantCheckmate, and Spokeo to review a student's personal information online.
The coordinator of the agreement initiates the process and sends it to the experiential learning site. If modifications are requested, the coordinator consults with Regional Procurement Services. Regional Procurement Services maintain a record of all agreements, order insurance coverage when applicable, and act as a liaison with the Office of General Counsel for non-standard agreements. The Office of General Counsel issues standard agreements for clinical and non-clinical placements and approves all agreement modifications for non-standard agreements.
It is important to note that if the experiential learning site does not require student liability insurance, a student may begin experiential learning without an affiliation agreement in place. However, if the site requires insurance, an affiliation agreement and insurance must be executed before the student can begin.
The purpose of an affiliation agreement is to establish a contractual relationship between the university and participating affiliates regarding their responsibilities and liabilities. It is beneficial for the university department to negotiate a contractual agreement that clearly delineates the level of liability for the parties involved, consistent with their risk management objectives.
The agreement also covers students who are named as a party of legal action arising from their participation in a program. The policy will pay the sums that the student becomes legally obligated to pay as a result of "bodily injury" or "property damages" covered by the policy, including associated legal expenses. However, it does not indemnify the clinical/non-clinical training site or location and does not insure any licensed professionals acting in that capacity.
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Work-study programs
Background checks for international students can be complex and time-consuming. They are often required for F1 student visas, which are for international students pursuing academic programs or language courses in educational institutes approved by the Student and Exchange Visitors Program in the United States. F1 visa background checks include verifying the student's background, online activities, and a personal interview to determine eligibility.
Universities and colleges may also conduct background checks on prospective international students to meet screening requirements for academic and clinical teaching environments, as well as to ensure the safety and security of their campus. These background checks can help institutions verify the validity of educational certificates and claims, as well as identify any potential red flags in the student's background that could place the university at risk.
It is important to note that having negative information on a background check does not automatically disqualify an applicant. Universities may show understanding, depending on the severity of any crimes. However, certain criminal records, such as being listed as an SDN (Specially Designated Nationals and Blocked Persons) on OFAC (Office of Foreign Assets Control), can subject the university to civil and criminal penalties, and a conviction can result in additional penalties.
Overall, background checks for international students in work-study programs can be complex, but they are important to ensure the safety and security of all involved, as well as to verify the qualifications and eligibility of the students.
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Course requirements
Background checks are becoming more common for students wishing to attend universities abroad. While some sources suggest that foreign student checks are rare, others indicate that more than two-thirds of colleges perform criminal background checks on at least some applicants.
Universities conduct background checks for a variety of reasons. Firstly, they may wish to verify the accuracy of the information provided by the student, including periods of employment, designations and time periods, recommendations, and education details. This helps to ensure that students meet the admissions standards and have the necessary qualifications and experience for the course.
Secondly, universities have a responsibility to protect their students, staff, and reputation. Background checks can help mitigate risks by identifying any potential red flags in a student's past, such as criminal records or inappropriate behaviour. Crimes involving harm, violence, or property damage are typically given particular attention. Additionally, universities may check that applicants are not on any "watch lists", such as the FBI Most Wanted or National Sex Offender Registry, as certain criminal records may legally disqualify an applicant from enrolment.
Background checks are also important for students who plan to pursue internships, externships, or work-study programs during their studies. Many external organizations require background checks for all individuals, and universities may facilitate these checks to make it easier for students to access these opportunities.
Finally, certain courses may specifically require background checks as part of their admissions process. This is particularly true for degrees that prepare students to work in care professions or with vulnerable members of society, such as nursing, medicine, and psychology. In these cases, a criminal record or negative information on the background check could potentially exclude a student from gaining admission or completing their desired degree.
It is important to note that having negative information on a background check does not automatically disqualify an applicant. Universities may consider the severity of any crimes or issues and may be understanding of minor deviations or discrepancies. Additionally, students can take proactive steps to improve their personal branding and protect their personal information online.
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Third-party vendors
Background checks are a standard procedure for universities and colleges, especially when dealing with international students and staff. The process can be complex and time-consuming, and universities often turn to third-party vendors to manage these checks.
Universities often have policies in place that outline the use of third-party vendors for background checks. For instance, the University of Minnesota outlines in its policy that standard background checks through their designated vendor are required for specific individuals, including those being offered non-student positions and those working with minors. Similarly, Seton Hall University requires all occupants and volunteers to consent to and undergo background checks managed by a third-party vendor.
The use of third-party vendors ensures that universities comply with legal requirements and maintain a safe environment for all students, staff, and visitors. It also helps to protect the university's funds, property, and other assets. While universities may conduct their own background checks, utilising third-party vendors provides an extra layer of security and ensures that no stone is left unturned.
It is important to note that, while third-party vendors play a crucial role in background checks, universities ultimately bear the responsibility for screening their students and staff. This includes maintaining records gathered from background checks as confidential files and assessing the results of these checks. By working closely with third-party vendors and adhering to their policies, universities can ensure the safety and well-being of their entire community.
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Frequently asked questions
It depends on the university. Some universities do conduct background checks on their students, while others do not. Background checks are usually done for students who are pursuing certain courses, such as nursing, medicine, and psychology.
Universities often look for criminal records involving harm or violence to individuals or property. They also check if the applicant is on any watch lists, such as the FBI Most Wanted list, INTERPOL, or the National Sex Offender Registry.
Having a criminal record does not automatically disqualify you from admission. The university will assess the nature of the convictions and crimes and make a decision based on their risk mitigation tolerance and needs.
No, universities also conduct background checks on their employees, including teachers, administrators, staff members, and volunteers. These background checks are crucial to ensure a safe environment for students and other staff.
