1. Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
   
   
2. Regents’ Policy and Procedure R165, Concurrent Enrollment
   
   
3. Regents’ Policy and Procedure R481, Academic Freedom, Professional Responsibility and Tenure
   
   
4. Regents’ Policy and Procedure R847, Criminal Background Checks
   
   
5. Utah Code 53A-3-410 (Criminal background checks on school personnel -- Notice -- Payment of cost -- Request for review)
   
   
6. Utah Code 53B-1-110 (Higher Education Criminal Background Checks)

*This policy uses the following terms as defined by Regents’ Policy and Procedure R847.

1. Adjunct faculty:  Part-time teachers, post-doctoral fellows, visiting lecturers, graduate assistants and other professional staff members of businesses, industries, and other agencies and organizations who are employed by the institution on a part-time basis to carry out instructional, research or public service functions.
   
2. Applicant:  The final applicant offered employment, transfer or promotion, contingent onacceptable results of a criminal background check and other reviews required for the position by the institution such as financial/credit checks, degree transcripts or license documentation, or student loan status. 
   
3. Background check:  Commercial or governmental process of searching public records to determine no less than whether an individual has been convicted of criminal conduct anywhere in the United States of America within no less than the last seven years.  The background check may include the search of public records outside the United States of America.
   
4. Diminished Capacity Adult: a person who lacks decision making capacity which requires, to greater or lesser degree: (1) possession of a set of values and goals; (2) the ability to communicate and to understand information; and (3) the ability to reason and to deliberate about one's choices.
   
5. Employee:  A faculty member, including adjunct faculty, or any exempt or non-exempt employee of the institution who receives compensation for work or services from funds controlled by the institution, regardless of the source of the funds, the duties of the position, the amount of compensation paid, or the percent of time worked.
   
6. Minor:  A person younger than 21 years of age.
   
7. Reasonable cause:  Where the known facts and circumstances are sufficient to warrant a person of reasonable prudence to believe that the employee poses an unreasonable risk to persons or property and/or that a history or report of a crime will be found.  Reasonable cause may be established by, but is not limited to, the following criteria:  arrest during period of employment, substantiated complaints of abuse or harassment, incidental discovery of history of criminal activity.
   
8. Risk Assessment Committee:  Consists of the executive director of human resources, a permanent representative from each vice president’s area, hiring manager, and dean or dean’s designee or director (as designated by dean or vice president.)  This is an ad hoc committee appointed by the vice presidents and approved by the president.  The committee has access to legal counsel.
   
9. Security sensitive position:  Position where the job duties require, provide for, or encompass the potential to incur human, financial or property loss or other harm to the institution and its constituents.  A security sensitive position should include at least one of the following elements:
   
   
   1. access to children, including child care in a child care center, or to diminished capacity adults;
   2. relationships with students where exceptional trust and responsibility are involved, such as counselors, health care providers, coaches, and residence hall personnel;
   3. responsibility for providing direct medical care, treatment, or counseling and/or access to pharmaceuticals, toxins, hazardous or controlled substances;
   4. direct access to laboratory materials and other property that have the potential of being diverted from their proper use either for financial gain or for harmful, dangerous or illegal purposes;
   5. decision making authority for committing institutional funds or financial resources through contracts and commitments and/or direct access to or responsibility for handling cash, checks, credit/debit cards or cash equivalents, institutional property, disbursements or receipts;
   6. access to building and residence hall master control and key systems;
   7. access to confidential information or sensitive personal information such as employment, health, donor, financial and other records, including data that could facilitate identity theft;
   8. access to or responsibility for the maintenance, upgrading, and repair of the institution's computer networks and/or information technology systems; and
   9. responsibility for police, security, guard forces, or other significant health or safety issues.
      
10. Significant contact:  An employee position involves significant contact with minor persons if there is a reasonable expectation that in the course of the normal, routine responsibilities of the position, the employee and a minor would interact on a one-on-one basis. For example, teachers with office hour consultations, mentors, counselors, test center employees, coaches, and advisors could all reasonably expect to interact one-on-one with students as a normal, routine part of their work and hence would have “significant contact” with one or more minor persons during the course of their employment.