Student Criminal background Check Policy
In order to comply with the “Regulation on Student Applicant Background Checks (#700.5.1[R]) policy adopted by the General Administration of The University of North Carolina as well as clinical agency contractual requirements, the School of Nursing requires all affiliated students1 to undergo a Criminal Background Check (CBC). The CBC shall be performed: 1) at the initiation of this policy, 2) following admission acceptance but prior to program matriculation, 3) upon program re-entry subsequent to a leave of absence, program withdrawal or program separation greater than thirty consecutive days, and 4) when deemed necessary by School administration. All offers of admission to the School of Nursing issued subsequent to August 2007 will stipulate the applicant’s admission as contingent upon the results of the CBC. Any student who fails to comply with this requirement may not enrollin the School of Nursing.
The CBC must be performed, at students’ expense2, by a qualified vendor selected by the University and will meet the following criteria:
- CBC must be completed prior to program matriculation or as designated above.
- Exception: checks for students admitted within 72 hours of the first day of class may be “in process” by student’s matriculation date but must be concluded within five business days following the first day of class.
- CBC will be initiated using student’s full legal name and date of birth as identifiers.
- CBC must cover the past seven (7) years, or the time period since the student’s 16th birthday, whichever is less.
- CBC must cover all geographic addresses, both domestically and internationally, associated with the student’s complete residential history, places of employment, and educational institutions the student has attended3, for the last seven (7) years or since turning 16 years of age.
- CBC must include:
- A search for felony and misdemeanor charges and convictions (except minor traffic related violations) in all local, state, federal court systems and sexual offender/predator databases associated with reported addresses
- A review of The UNC Suspension and Expulsion Database, The National Student Clearinghouse and The NC Department of Public Instruction enrollment database (when available),
- A check against the DHHS Office of the Inspector General’s List of Excluded Individuals/Entities (LEIE) and the General Services Administration’s Excluded Parties List (EPLS), and
- When available, the UNC Suspension and Expulsion Database, National Student Clearinghouse and NC Department of Public Instruction enrollment database
- The vendor must provide an electronic copy of the report directly to the School.
Students must sign a “Release to Share Background Information and Agreement to Report Future Felony or Misdemeanor Convictions” form, which allows the School to share information obtained in the CBC with clinical agencies for the purpose of securing a clinical placement as part of the student’s educational experience. Students must agree to report any felony or misdemeanor charges and convictions (excluding minor traffic related violations), which occur during their enrollment in the School of Nursing to the appropriate Program Director. Failure to report and engage in the resolution of current or future felony or misdemeanor charges and/or convictions in a timely (within 10 business days) and complete manner, and failure to provide requisite information pertinent to disposed or pending cases are violations of the University’s Honor Code. Offenses will be reported to the student Judiciary System and may serve as grounds for dismissal from the School of Nursing.
The School agrees to use student information for admission screening and to obtain clinical education placements only. In the event the CBC report is positive revealing a felony or misdemeanor charge and/or conviction, the appropriate Program Director will discuss the issue directly and immediately with the student prior to sharing the information with a clinical agency. Prior to meeting with the Program Director, the student will submit a thorough but succinct statement (~1 page in length) describing the incidents denoted in the CBC report, how each case was resolved and lessons learned from the experience. In the event the student determines the positive CBC report is erroneous in some way, the student may request a repeat check be conducted at student expense using his/her Social Security number as the primary identifier.
The School and University make the final decision as to whether a student with a positive report may proceed to matriculation. The clinical agency makes the final decision about whether a student with a positive report may be placed at that site. The Associate Dean of Academic Affairs will hear student appeals of administrative actions taken as a result of CBC findings.
All student reports conducted prior to the availability of electronic reports will be maintained in paper copy in the School’s permanent file for a period of at least ten years post-graduation. All student reports generated electronically will be maintained in a secure electronic database. With the exception of students in the AHEC RN Refresher Program, students less than 16 years or greater than 65 years of age are exempt from completion of the Criminal History Check in accordance with University policy.
1Affiliated students include: degree-seeking undergraduate or graduate students, post-doctoral fellows of the Schools’ T-32 NRSA fellowship programs, students admitted via The Office of Part-Time Studies with special permission to enroll in selected nursing courses, and students participating in the AHEC RN-Refresher Program.
2Admitted students who initiate a CBC through the School but subsequently withdraw or defer enrollment, are responsible for the standard processing fee
3Students who resided outside the US due to active military deployment, service in the Peace Corps or employment with the US Foreign Service, may submit one of the following alternative forms of documentation in lieu of securing an international background check:
- A copy of the Certificate of Release or Discharge from Active Duty Form (Form DD214) detailing an “honorable” discharge status, OR
- A copy of the final Description of Peace Corps Volunteer Service detailing completion of services assignment in “good standing”, OR
- A copy of the letter terminating service in “good standing” from the US Foreign Service or affiliated agency.
Draft: 0704; Revised 1104; Revised 0705; Revised 0206; Revised 1007; Revised 1208, Revised 0309; Revised 0409. Revised 0809; Revised 1109; Revision 1011 (Clarifications approved by Office of University Counsel (UNC-Chapel Hill) and Office of General Counsel (The University of North Carolina General Administration); Revised 0212.