Background Checks

Five Colleges Inc. will, at our member college's request, run background checks on behalf of Amherst, Hampshire, and Mount Holyoke College. On this page you will find information about our Background Check Process and what to expect.

Approved by: Shonda Pettiford
Responsible Office: Five College Compliance & Risk Mgmt
Established: 1/1/2020
Date Last Revised: 12/20/2019

Required Background Checks

Pursuant to any applicable institutional policies requiring background screening (including criminal screening, credit checks, and/or social media checks), Amherst College, Five Colleges, Inc., Hampshire College, and Mount Holyoke College have designated the Five College Office of Compliance and Risk Management as the office responsible for facilitating criminal screening of prospective and current employees, subcontractors, vendors, volunteers, and interns, professional licensing applicants, rental or leased housing applicants as those terms are defined in M.G.L. c. 268, § 1.

Where Criminal Offender Record Information (CORI), Sexual Offender Registry Information (SORI), and other criminal history checks may be part of a general background check when an individual applies for: (a) employment, (b)volunteer work, (c) licensing purposes, (d) the rental or leasing of housing, (e)contracting, (f) subcontracting, or (g) for other individuals providing a service to the organization (collectively known as “Service Activity”), the following practices and procedures will be followed. 

Conducting CORI Screening

CORI checks will only be conducted as authorized by law and only after a CORI Acknowledgement Form has been completed.  A background check begins with an authorized person’s submission of 1.)a completed CORI Authorization form for the individual to be checked, and 2.)a Background Check Request Fax Coversheet.  All individuals who are required to have a background check must complete this process prior to the start of their Service Activity. It is the responsibility of the supervisor or authorized person to ensure that an individual who is required to have a background check in accordance with this procedure does not commence their Service Activity until the background check has been completed by the office.

If requested by a supervisor or authorized person, Five Colleges reserves the right to conduct background screening any time after Service Activity has begun. If a new background check is to be conducted on an individual within a year of their signing of the CORI Acknowledgement Form, the individual shall be given prior notice that a new background check will be conducted.

Any misrepresentations, falsifications, or material omissions in the information provided by the individual, whenever discovered, may result in disqualification from, or termination of Service Activity within the respective organization.

Access to background checks

All background checks obtained are confidential, and access to the information is limited to those individuals who have a “need to know”.   This may include, but not be limited to, campus hiring managers, Human Resources, staff submitting the background check requests, and staff charged with processing applications.  Five College Office of Compliance and Risk Management must maintain and keep a current list of each individual authorized to have access to, or view the results of background checks.

Training

An informed review of a background check that includes criminal records requires training.  Accordingly, all personnel authorized to conduct background checks that include criminal history information and/or who are authorized to review criminal history information, will be familiar with the relevant training materials made available by the Massachusetts Department of Criminal Justice Information Service (DCJIS).   

Initiating a Background Check

Once the supervisor or authorized person submits a request for background check, the Five College Office of Compliance and Risk Management will initiate the process through our third party vendor.

Use of Background Checks

Background checks used for employment purposes shall only be accessed for applicants who are otherwise qualified for the position for which they have applied.   

The nature of the screening and evaluation process depends upon the requirements, responsibilities, and activities of each position. Unless otherwise provided by law, a criminal record will not automatically disqualify an individual from employment or service activity. Rather determination of suitability based on background checks will be made consistent with this policy, the related background check policy of the applicable College, and any applicable law or regulations.

Verifying an Individual’s Identity

If any prior criminal history is discovered on a background check, the information will be closely compared with the information on the CORI Acknowledgement Form and any other identifying information provided by the applicant to ensure the record belongs to the applicant. 

If the information in the CORI record provided does not exactly match the identification information provided by the applicant, an authorized individual will make a determination as to the likelihood the information obtained on the background check does in fact belong to the applicant. If a determination cannot be made, the applicant will be contacted to confirm their identity and information received.  

Determining Suitability

If a determination is made, that the criminal record belongs to the subject, and the subject does not dispute the record’s accuracy, then the determination of suitability for the position or license will be made.  Unless otherwise provided by law, factors considered in determining suitability may include, but are not limited to, the following: 

• Relevance of the record to the position sought; 
• The nature of the work to be performed; 
• The amount of time since the conviction; 
• Age of the candidate at the time of the offense; 
• Seriousness and specific circumstances of the offense; 
• The number of offenses; 
• Whether the applicant has pending charges; 
• Any relevant evidence of rehabilitation or lack thereof; and 
• Any other relevant information, including information submitted by the candidate or requested by the organization. 

The decision regarding suitability will be made by the respective individuals (“Decision Team”) noted below:

	Decision Team
Amherst College	FCI Dir. of Risk Mgmt, Chief HR Officer, Deputy General Counsel, and Chief Equity and Inclusion Officer as needed.
Five Colleges, Inc.	Treasurer & Dir. of Operations
Hampshire College	Dir. of HR
Mount Holyoke College	AVP HR or designee (in consultation with Dean of Faculty’s office, CDO, Dir. of Risk Mgmt as needed)

In connection with any decision regarding a Service Activity, the individual shall be provided with a copy of the background check prior to questioning them about the information in the report.

The individual will be notified of the decision and the basis for it in a timely manner.

Adverse Decisions Based on Background Checks

If an authorized individual is inclined to make an adverse decision based on the results of a background check, the applicant will be notified. The applicant will be provided with a copy of this policy and a copy of the background check. The source(s) of the background check will also be revealed.  The applicant will then be provided with an opportunity to dispute the accuracy of the background check. 

As applicable, applicants shall also be provided a copy of the following: “Information Concerning the Process for Correcting a Criminal Record” and “A Summary of Your Rights Under the Fair Credit Reporting Act”

Appeals

If an individual wishes to dispute and/or explain the information contained in the background check report, the individual must do so in writing. The written explanation, any other documents the individual wishes to submit, must be received by the Decision Team within fourteen (14) days of receipt of the above notice that the College intends to make an adverse decision. The appeal submission must include a written explanation demonstrating why the negative information does not affect their ability to perform the functions of the Service Activity. The applicant is not permitted to be employed or conduct any activities on behalf of the College during this appeal process. Such information shall be reviewed by the Decision Team in conjunction with counsel.

Secondary Dissemination Logs

All background checks are confidential and can only be disseminated as authorized by law and regulation.  A central secondary dissemination log shall be used to record any dissemination of background checks outside the individuals identified in this policy, including dissemination at the request of the individual who is the subject of the background check.