Juaniata College Conducted Background Check, Sandusky Denied Job

After applying to a volunteer coaching position in May 2010 at Juaniata College in Huntingdon, PA, college officials who did their due-diligence turned Jerry Sandusky down. Hiring personnel at the college denied Sandusky the position after conducting a background investigation and were made aware of the ex-Penn State assistant coach’s alleged improper behavior at a previous school.

Sandusky is currently at the forefront of a sexual abuse scandal, where he is being charged with 40 counts of molestation charges towards young boys over a 15-year period.

Although he failed a background check and was told by the Pennsylvania college’s administrators that they did not want him associated with their sports program, Sandusky still managed to serve as a “consultant.” Read more

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Background Screening and Minors, Concerned Parents

In light of the events that have unfolded at Penn State and Syracuse Universities, it is important to recognize the unfortunate events that occurred, but also shed light on how the scandals happened. The incident has shocked the country – Penn State University’s former football coach, Jerry Sandusky is being charged with 40 counts of sexual abuse towards minors and the university’s revered football coach, Joe Paterno was fired.

Sandusky is the pinpoint in a wide-ranging investigation that involves eight boys over a 15-year period. Similarly, Syracuse University authorities allegedly ignored sex abuse allegations in 2002 against basketball coach Bernie Fine. A former ball boy for Syracuse University, Bobby Davis, and his girlfriend at the time, claim to have gone to university police back in 2002 with child-molestation allegations. The two have decided to come forward again in response to the media spectacle at Penn State – this time, hoping they will be heard.

The allegations facing administrators at both universities are cause for any parent or school to worry especially when the trust and care of minors are involved. The reaction to these two events by parents is overwhelming – many are questioning the hiring process for the administrators, teachers, coaches and the like who spend time with children. The incidents that have occurred also highlight the lack of background checks performed on individuals who work closely with children.

In one case, a group of parents whose children participate in Baltimore County Department of Recreation and Parks programs are demanding the adoption of background checks for all coaches and volunteers (Read more). In another recent case, Hollywood casting assistant, Jason James Murphy has caused anxiety amongst the parents of child actors who worked under Murphy. Murphy is a convicted child molester who served five years in prison for kidnapping and molesting an 8 year old boy. Parents of child actors are especially concerned since the casting process is typically a time where a child would be unsupervised by a parent or guardian (Read more).

Had background checks including federal court criminal records searches, statewide criminal records searches and criminal history reports, been performed some of these events could have been avoided. It is important to question whether or not background checks are performed amongst those our society trusts with minors to help eliminate the chances of pedophiles and predators preying on children.

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Education Background Screening and Human Resource Stories in the News Last Week

Pennsylvania takes retroactive steps to prevent convicted felons from working in school districts.

A new law signed by Pennsylvania Governor, Tom Corbett, mandates background checks on public, private and vocational school workers. School district administrators must notify all employees of the law and return a form reporting any criminal history to the Pennsylvania State Education Association completed by employees. Certain convictions will lead to employment suspensions or even termination including first-, second-, or third-degree felonies, aggravated assault, kidnapping, and other crimes. Read more

How background checks are conducted in Clark County, Nevada Schools.

The Las Vegas Sun investigates how background checks are done, after a teacher in a Clark County school was arrested on suspicion of drug possession and theft of school property. In an investigative interview, the chief human resources officer and former interim chief human resources officer of the Clark County School District answered questions on their background check procedures. Read more

Update: Background Checks Dealing with School Workers Clarified.

A new law, §1-111 Act 24 of 2011, mandates that all Pennsylvania elementary schools must background screen all new hires and existing staff for criminal history. The form that current staff must fill out asks employees to check “arrested,” “convicted,” “never been arrested,” or “never been convicted,” however the law states that only convictions of employees need to be reported. In a response to concerns surrounding this contradiction, a statement was released to clarify the law.

A publication from Fox Rothschild LLP states that “these amendments restrict those people that a school is allowed to hire, but they have almost no direct impact on the employment of those already employed. Some school administrators have mistakenly stated that these amendments require schools to fire a current employee where a prior conviction for a barred offense comes to light. While this may be true in some limited cases, it is generally not so, and neither this statute nor the companion provision in §5-527 requires termination of employment.” Read more

Convicted felon employed at middle school steals jewelry, computers

After a middle school janitor was charged in connection to jewelry and computer thefts, the School Committee Chairman of a Massachusetts school wants to know more about the school’s criminal background screening procedures. Court documents showed that the janitor pled guilty to assault and battery and breaking and entering charges in the past. Also, he was allegedly in an outpatient drug treatment program for an opiates addiction. Initial reports in the same case were for stolen MacBook Computers, iPads and other equipment. How did a criminal get employed at an elementary school? Read more

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Win a FCHR Prize Pack on Facebook!

First Contact HR wants to give our fans and Mailing List subscibers the chance to win a gift!

Click “Like” at facebook.com/firstcontacthr and then join our mailing list for a chance to win a Prize Pack from First Contact HR!

Givaway starts Friday, October 28, 2011 12:00AM EST and ends Friday, November 18, 2011 11:59PM EST

The Prize pack includes office supplies and the following First Contact HR branded merchandise:

  • Polo Shirt – one (1)
  • Water Bottle – one (1)
  • Various desk supplies (may include any mixture of the following: letter opener, notebook, pen, planner, folder, post it notes booklet, leather-bound pad and pen, etc.)

ENTER NOW!

Before entering, read official contest

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You Ask, We Answer

Each week we will be answering common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

Question #3: Why do I need a “background screening” firm? Isn’t most information about a person’s background online?

Contrary to popular opinion, criminal and other searches are not ‘available online. Very few county court records are accessible online, and then only with special access procedures and fees. Most of the advertised sources of online criminal history do not come directly from the courts, but is retrieved from databases that are not always accurate or current.

Always ask if their searches are direct from the originating source or are they simply pulled from a purchased database. To learn more about internet searches, read a previous post on Internet background searches.

For more questions and answers, visit www.FirstContactHR.com and just Ask!

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You Ask, We Answer

Question #2: What does the Fair Credit Reporting Act have to do with a criminal background search?

The FCRA governs all background searches, not just credit reports. The Act defines permissible purposes, how the information is handled, what procedures and documentation must be followed, and even defines the procedures for when an applicant is denied a job based on the results. There is a great deal more to know about the FCRA, and we recommend all personnel responsible for hiring employees be aware of the impact this act has on your employment decisions. For more information on the FCRA, visit: http://www.ftc.gov/os/statutes/fcrajump.shtm

For more questions and answers, visit www.FirstContactHR.com and just Ask!

Each week First Contact HR answers common questions on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

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First Contact HR Launches Brand New Website!

Known for innovation and continuous improvement, First Contact HR portrays these characteristics with the launch of its brand new website. Change is a sign of our times, so why not embrace it … with a face-lift! That’s right, our website, FirstContactHR.com got a fresh, new look to match the personality of our brand.

First Contact HR helps clients hire the right employees from the start with a comprehensive suite of background screening services including drug and alcohol testing, identity verifications, criminal and credit history research, driving records and much more.

What better way to show off the services we offer with a fresh-looking, new website that makes it easier for the world to discover them.

What’s more is that we’ve also integrated an up-to-date newsroom where you can get industry and company news, blog posts, and tons of resources all in one place! You can even join our social media community on Facebook, Twitter and Linkedin.

Launch New Website

We would love to hear your comments and feedback: send a message to info@firstcontacthr.com or post a comment on our facebook wall at facebook.com/firstcontacthr

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What do Criminal Background Checks Mean For Minority Job Candidates?

The national unemployment rate in the U.S. is declining, but still currently rests at an unsettling 9.1% – a decrease from 9.6% this time last year. In light of the quest for jobs in the current economy, the Equal Employment Opportunity Commission (EEOC) wants to make it easier for the nation’s minority job prospects by limiting (or even eliminating) the use of criminal background checks for employers when it comes to making hiring decisions. The commission held hearings to examine employer’s use of conviction and arrest records as a potential hiring barrier.

The EEOC argues that by limiting the ability of employers to consider criminal backgrounds check employment screening tool in hiring will allow for minority applicants, specifically African Americans and Latinos to get more jobs since the two groups have the highest conviction and arrest rates as compared to non-minorities.

The U.S. Commission of Civil Rights (USCCR) however, negates the EEOC’s claims since the hearings failed to recognize scholarly reports that challenge the assumptions that African Americans are less likely to be hired when employers use criminal background checks.

In research cited by [Caroline May, The Daily Caller]:

Civil Rights Commissioners Peter Kirsanow, Gail Heriot and Todd Gaziano pointed to research from economists Harry Holzer and Stephen Rafael and public policy professor Michael Stoll, published in the Journal of Law and Economics, which showed that employers with access to background checks are actually more likely to hire African Americans, especially African American men, than those without access to that information.

According to the research, when a criminal background check is unavailable, some employers have been known to be more prone to discriminate against minorities like African Americans and Latinos based on crime statistics. Currently, the EEOC is still reviewing the statements by the USCCR.

 

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You Ask, We Answer

Each week we will be answering common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

Question #1: How common is drug testing?

In 1983, only 3% of the Fortune 200 companies were testing one or more classes of job applicants or employers. By 1991, 98% had implemented some form of drug testing.

What’s more, as a way to improve safety in the workplace today, many employers now test their employees for both illegal drugs and alcohol. Some of the more common types of drug testing include urine, oral/saliva and hair. Drug testing is typically conducted at a drug clinic location nationwide or on-site at work locations. Employers who use laboratory testing have the advantage of faster results since both the screening and confirmation stages of the drug test are carried out in one place.

For more questions and answers, visit www.FirstContactHR.com and just Ask!

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Internet Background Searches – Should YOU Use Them?

It’s no surprise that basically anyone and everyone can conduct a simple background check on whoever they like. With companies like EasyBackrgoundCheck.com and nationally-recognized BeenVerified.com, individuals and companies can input basic information about a person and obtain “background” information on that individual.

While it is fine for people to use internet background check services like these for personal use, it is important to realize that these companies are simply “public record aggregators,” and thus not a replacement for traditional pre-employment background screening or private investigative services.

Internet aggregation services are a cheap and quick way to get a bit of information on a stranger or person of interest, but are certainly not acceptable for hiring purposes. Under the Fair Credit Reporting Act (FCRA) information that is supplied by a 3rd party vendor for hiring purposes needs to be both accurate and current (not older than seven years). Furthermore, companies and organizations that are in fact going to use the information obtained from these internet aggregation sources for employment purposes, must obtain the applicants consent before doing so. In the case of hiring, the job applicant must provide an organization with signed written consent for performing an internet background check.

Companies and organizations that have written consent from applicants to do a background check still need to make sure that the information is accurate – in many cases, the information is not. BeenVerified.com for example even states: “we do not represent or warrant that the results provided will be 100% accurate and up to date.”

More often than not, those conducting internet background checks via aggregation services are not able find the right person to investigate either because their name is too similar to another person (think, “John Smith”) or the person has taken steps to protect their internet privacy (think, “do not call list”… but more like the “do not internet background check me online list”). How could an individual do this without countless hours spent searching online? You might ask.

Well, there are a number of ways individuals can hide, block and even remove information about them so that internet background check websites cannot find them. Read this article by BGR.com explaining all the ways you can put yourself on the “do not internet background check me online list” for all the major internet aggregation sites such as BeenVerrified.com.

The best practice available for a company or organization that is looking to conduct background checks on job applicants and employees is to use a trusted company such as First Contact HR. To see what background screening services First Contact HR can provide to individuals and companies, Visit: FirstContactHR.com

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