If a student has completed a criminal background check prior to entering the program or from a different vendor, can the information obtained from it meet this requirement?
No, all students must use the company and follow the process described as well as adhere to the deadlines given to them. CBC or drug screen results obtained via a different process or vendor will not be accepted. Furthermore, students are responsible for observing all timelines for completing this information for the program.
What if a student does not comply with the requirements described above?
The clinical agencies will not allow any student to work in its institution unless the student has provided a criminal background check and/or drug test to the college. Accordingly, failure to consent to release of information or to cooperate appropriately with regard to the investigation process and procedures shall result in the student not being able to progress in that program.
What if the report generated from a student’s criminal background check lists a criminal charge?
Clinical agencies reserve the right not to accept into their facility for clinical purposes any student who has a criminal background. FirstPoint is required to provide documentation for those students with criminal backgrounds to the clinical agencies, and the clinical agencies agreed to inform the college of any individuals with a criminal background of a decision to deny any students placement into the clinical agency. If a clinical agency denies a student placement, the college will then make the student aware of the clinical agency’s decision.
If a student has a criminal background, when will the student learn of the clinical agencies’ decision?
As soon as the clinical agency notifies the college, the college notifies the student in writing via mail. We will not provide students with information regarding the specific clinical agencies that deny clinical placement.
What if a clinical agency refuses a clinical practicum for a student through their facility?
If the clinical agency denies a student placement in their facility, the student will be unable to complete the required clinical component of the course. This will prohibit the student from progressing and completing the program of study successfully. Thus, the student will not be able to progress in the program and may be dismissed from that program (depending on program policy).
What guidelines will clinical agencies follow in determining the type of criminal activity that would prohibit a student from participating in the required clinical component of a program?
Clinical agencies reserve the right not to accept any student who has a criminal background or positive drug screen. Clinical agencies will determine this on a case-by-case basis considering the following factors:
1. Level and seriousness of the crime(s);
2. Date(s) of the crime(s);
3. Applicant’s age(s) at the time(s) of conviction(s);
4. Circumstances of the crime(s);
5. Connection between the criminal conduct and the job to be filled;
6. The prison, jail, probation, parole, rehabilitation, and employment records of the candidate subsequent to the crime; and
7. Subsequent crime(s) and relevant offense(s).
May I appeal the clinical agency decision?
Yes. Students are allowed one appeal to the clinical agency to request a reversal of the decision to deny clinical placement. To do this, the student must complete the Clinical Agency Denial Appeals Form and write a letter of explanation regarding the charges or positive drug screen results. Durham Tech personnel are not authorized to tell the student what to include in the letter as they are not privy to the CBC results. Durham Tech is not permitted to receive or transmit protected health information or photographs. This request must be submitted within 5 working days of the initial notification that clinical placement has been denied.
The form and supporting information should be provided to Ms. Sandra Grady Health Technologies, Administrative Assistant. Ms. Grady will send the appeal to the clinical site requesting a review of the information. The student will be notified in writing if the appeal is accepted or denied. If the appeal is denied, the student will be unable to successfully complete that Program, as the Program’s clinical objectives cannot be met, and the student will not be able to progress in the program and may be dismissed from that Program (depending on specific program requirements). The names of the clinical facilities that accept or deny the appeal will not be disclosed.
Clinical agencies will determine this on a case-by-case basis considering the following factors:
1. Level and seriousness of the crime(s);
2. Date(s) of the crime(s);
3. Applicant’s age(s) at the time(s) of conviction(s);
4. Circumstances of the crime(s);
5. Connection between the criminal conduct and the job to be filled;
6. The prison, jail, probation, parole, rehabilitation, and employment records of the candidate subsequent to the crime; and
7. Subsequent crime(s) and relevant offense(s).
8. Upcoming court dates; progress on expunction of charges, etc.
What should a student do if the student believes that the criminal background check includes false or inaccurate information?
A student who believes that the criminal background check contains false or inaccurate information should bring the matter directly to the attention of FirstPoint Information Resources as soon as possible. The company will attempt to verify the identifying information and re-run the background check.
What if an applicant or student is convicted of any criminal offense(s) subsequent to the date the student has obtained the criminal background check?
If an applicant or student is convicted of any criminal offense(s) other than minor traffic violations, subsequent to the date the student has obtained the criminal background check under this policy, the student is required within three (3) days after such conviction, to contact FirstPoint. This information may then be forwarded to the clinical agency for review and another criminal background check may be required at the student’s expense. The clinical agencies, in their discretion, may elect to deny a student with a newly reported criminal background permission to continue to participate in the clinical experience at their site, which would mean that the student would be unable to complete his or her clinical training and would be dismissed from the program of study.
What if a student has additional questions?
Students may contact Sandra Grady in the Health Technologies Department, at 919-536-7233, ext. 8112, for specific questions