C. Employment4. Placement
4.1 Verification of Right to Work. In accordance with the Immigration Reform and Control Act, the institution shall verify the identity and right to work of all new employees no later than three business days from the beginning of employment.
4.1.1 Temporary Social Security Numbers. In those instances when a new employee has applied for a Social Security Number and has not yet received it, but provides a copy of the verification letter or other proof of application to the campus Human Resources Office, a temporary identification number may be used.
4.1.2 Each USNH institution will identify a process for reporting the status of any employee with a pending Social Security number application to the institution’s Human Resources Office by November 15th each year. If no such notification is received, the employee will be unable to work and placed on leave without pay until updated documentation of the application status is received by Human Resources. If documentation indicates that the application for a social security number is in process, the employee may continue to work.
4.2 Background Review. This policy outlines the process for background reviews of potential USNH faculty and staff, communication of results, and maintenance of relevant information. Offers of employment are contingent upon completion of the background check.
4.2.1 Purpose. This policy is intended to support the verification of credentials, criminal history, credit status and other information related to employment decisions. As part of the hiring process, USNH requires disclosure of relevant employment, education, and criminal history information. In order to promote a safe workplace and academic environment, all new hires will be subject to background reviews of this information prior to hiring. Background reviews are regulated by federal and state statutes, such as the Fair Credit Reporting Act, The Americans with Disabilities Act, and Equal Employment Opportunity legislation. Each USNH institution shall establish specific procedures for background reviews that shall be applicable to the job and consistent with the requirements of this policy.
4.2.2 Process. Background reviews apply to all new hires in status positions. Requirements for adjunct positions will be determined by the campus Human Resources Office. In addition, employees hired into adjunct positions may require background reviews based on the criteria noted below and as determined by the campus Human Resources Office. Current employees who are changing jobs, will have a background review if the job requires a higher level of review, and former employees who are applying for positions within USNH will have a background review.
126.96.36.199 Upon receipt of a completed and signed authorization from the finalist, the campus Human Resources Office will initiate the appropriate background review, based on the requirements of the position being filled. Refusal on the part of a finalist to authorize the review will make the individual ineligible for employment.
188.8.131.52 Levels of Background Review. The level and content of review will be determined by the campus Human Resources Office and will be based on the duties and qualifications of the job being filled. A standard background review for new hires in status positions contains a criminal history check, including a sex and violent offender registry check, and verification of identity, employment; and, if required by the position, academic credentials, professional certificates, tax payment check, credit check, and/or Department of Motor Vehicle report.
184.108.40.206.1 In the case of Foreign Nationals, in addition to the above reviews, a criminal check of their prior country of residence is required if their visa and/or authorization to work in the United States is prior to implementation of the Patriot Act, October 12, 2001.
220.127.116.11.2 For adjunct hires, background checks will be required for those hired in positions in which the following work is involved:
- Handling financial, student, or personnel data or information
- Confidential or sensitive data or information
- Handling cash, checks, and/or credit card transactions
- Providing services to any one under age 18
- Possessing keys/codes or other means of entry to living or work spaces
- Working with hazardous materials
The campus Human Resources Office will determine what adjunct positions should be included or excluded from background checks. For some short-term, adjunct positions in which a business process includes close supervision, the campus Human Resource Office may waive the background check requirement.
18.104.22.168 If USNH has performed any of the above verification or history checks on an individual within the past year, a new background review will not be required, unless there are areas of review required by the job that were not covered in the previous review.
4.2.3 Review Results. An offer of employment may be withdrawn as a result of the background review. When such occurs, the campus Human Resources Office will provide a copy of the background review report to the finalist/new hire. S/he works with the background review vendor to correct any errors in the report. In all other instances, the Human Resources Office will provide a copy of the report upon request. If a review results in a finalist or new hire no longer being considered for employment, campus Human Resources will notify the hiring department.
22.214.171.124 Criminal convictions. Candidates are automatically disqualified if they have been convicted within the past five (5) years for any felony or violent misdemeanor (crimes against persons, simple assault, sex offenses, weapons violations, child abuse, domestic violence).
126.96.36.199 Other Convictions. The existence of other convictions does not automatically disqualify a candidate from employment.
188.8.131.52.1 If the criminal history check reveals convictions which the candidate disclosed on the employment application, the campus Human Resources Office will review the report, including any additional information the candidate provides, before making a determination regarding hiring. Relevant considerations may include, but are not limited to, the nature and number of convictions, their dates, and the relationship the conviction has to the duties and responsibilities of the job.
184.108.40.206 If unreported convictions are revealed in the criminal history check, the candidate will not be hired, unless the candidate shows the report is in error.
220.127.116.11 Falsification of information on application materials will result in termination of employment or withdrawal of an employment offer. (See also USY V.C.4.2.3 above.)
4.2.4 Record Retention and Disposal. The campus Human Resources Office will maintain records or other information generated by background reviews in confidential files. For those hired, these materials will be maintained in a file separate from the official personnel file. For candidates not hired, the records will be maintained for a period of three years.
4.3 Determination of starting salary (see USY V.F.8)
4.3.1 Principal Administrators. The Board of Trustees shall determine the starting salary for all initial appointments. The salary shall be recommended by the Chancellor based on market data and internal equity consideration.
4.3.2 Status Employees. The Chief Executive Officer shall establish a designation of authority for determination and offer of initial salary. That salary shall comply with USY policies (USY V.F.8) and shall be made in consultation with the campus office responsible for personnel.
4.4 Confirmation of Employment. All written confirmations of employment are considered to be notices of appointment, rather than contracts. All such appointment confirmations are subject to the policies established by Trustee, USY, and campus unless specifically written to the contrary.
4.4.1 Each component institution shall establish procedure and delegation for the authority to provide written notification of hire. Such procedure shall include the office responsible for personnel administration.
4.4.2 Letters of appointment shall include the following information:
Beginning date of hire
End date of appointment, if appointed/funded for a specific time period
Eligibility for benefits (as described in USY V.A)
Annual salary rate, biweekly amount, number of pay periods, and pay distribution information
Classified job title
A statement that employment is subject to Trustee policy and where appropriate to labor contract agreements
4.4.3 Letters of appointment for Principal Administrators shall include the information described in 4.4.2 In addition the letter may describe other conditions of appointment such as housing for CEOs, notice period or other compensation arrangements. Such letters shall be reviewed and approved by the Chair of the Board of Trustees and the University System of New Hampshire General Counsel before being issued.
4.5 Accommodations. The component institutions shall appoint a representative responsible for ADA accommodation compliance. Reasonable accommodations shall be made consistent with the guidelines of ADA and may include modifying existing employment facilities to make them readily accessible and usable by individuals with disabilities, as well as job modifications including, but not limited to, job restructuring, part-time or modified work schedules, re-assignment to vacant positions, acquiring or modifying equipment devices, adjusting or modifying examinations, training material or policies, providing qualified readers or interpreters or other similar accommodations.
4.6 Post Employment Physical Examinations. Jobs pre-designated as requiring heavy physical work will require a post-employment offer medical exam. This will comply with policy outlined in USY V.C.12.