The following questions and answers address some of the most commonly raised concerns raised by administrators and hiring officials. Click here to e-mail us any questions not specifically addressed here.

Did House Bill 3 require national checks specifically?

Legislation passed by the Kentucky General Assembly specifically requires national criminal history, including sex offender registry check; for all "initial hires." The law also includes a requirement for all applicants to disclose personal criminal history.

How do we define "initial hire?"

Our working definition of "initial hire" is any incoming employee who has been separated from the University for greater than one calendar year.

How much will these checks cost?

Rate for PNBC will range from $60 - $80--depending on position type--and will be charged back to departments.

What is Human Resources' definition of the word "research" as it involves the extent of check necessary?

Outside of the basic check, there is an extended check that verifies whether an prospective employee has not falsified (among other things) research results.  This remains an ideal check for certain specific positions in the research field; however, there was some discussion if including all personnel inside the Research sector would be necessary.  Human Resources is defining "research" as any individual primarily responsible for creating reports, documenting results, and/or performing experiments involving human test subjects.

If new hires that begin after July 12 have already been offered positions, do they have to complete PNBC? Or can they be "grandfathered” in without it?

According to the wording on the state legislation, any new hires after July 12, 2006 must have the check done regardless of when the offer was made. HR has created a web form you may use to request a PNBC for any “in process” hires. Click here to access the form now.

Generally speaking what should we use as a guideline for what "initial hires" need the check and which do not?

If the person in question 1) gets an I-9, 2) has employee taxes withdrawn from their UK checks and 3) gets a W-2 at the end of the year, then they definitively need the background check performed.

Will all student employees need to have a background check?  What about graduate students who are awarded positions based on academic merit?  What about positions such as non-service fellows?

Unfortunately the law does not have any exclusions at this time, and this does mean that any person on campus who qualifies as an employee (fills out an I-9, payroll taxes removed) of the University of Kentucky requires the PNBC. Non-service fellows do not fall under this jurisdiction, and so will not require a PNBC.

Through use of the Direct User feature (found here), departments can hire students that are awarded academic positions in such a way that the position is never actually posted for the outside world.

I sent a new employee to complete their I-9 form and they were sent back with a letter stating they needed a background check; what do I need to do to get this employee their check so they can start work?

The staff at Human Resources will verify that a national background check has been initiated before beginning the I-9 process; if no check is found, the hiring official will be sought out to start the process either by using the Post-offer PNBC Form or the Online Employment System.  Once the check is initiated the I-9 paperwork can be completed.

Can student and temporary employees begin employment before the PNBC results are returned?

Yes, if there is a legitimate business need which requires the applicant to work before the results come back (typically 2-3 days), then student and temporary employees may begin work. However, candidates for regular positions may not begin work prior to the review of the results.  An exception to this rule are pool employees working in the hospital, who must wait until the final results of the PNBC and PDS have been received in order to begin work.

Are international initial hires required to complete the PNBC proccess?

The new state law does not require international background checks, only national checks. For international candidates newly, or not yet, in the country, a national background check would yield no information. HR is working with Legal Counsel and the Office of International Affairs to determine if international candidates would need a national background check performed after a certain period of time in the country.

I generally hire my own employees directly; do I have an option to better order the background check?

Human Resources has worked extensively with the vendor for our Online Employment System to create a new function for just these situations.  If you currently hire your own staff directly, you may qualify for the Direct User feature.  Find out more information by clicking here.

Are there any job types that might not require the check?

All new hires are to have PNBC completed, including: staff, faculty, regular, temporary, full-time, part-time, Research Assistants, Teaching Assistants, as well as students. Although Work Study students were thought to be excluded, they will require a background check if they qualify as an "initial" hires.  The only current exception are non-service fellows (who technically, are not employees) and independent contractors.

What about Work Study jobs?  Weren't they excluded?  Is there a special process for them?

Work Study students are required to fill out an I-9 and have payroll taxes deducting from their checks, and so fall under House Bill 3's requirements; however, the Financial Aid department is handling Work Study differently than most other departments.  If your department is on-campus and employs a work study student, your department will have to absorb the cost of the background check..

Would PNBC be required for visiting professors that live in residence halls but do not get a check?

Specific guidelines for exceptional cases are still being developed; however, in any case where "temporary" employees of any kind will will be on site for a sustained period of time, PNBC is required.

What about adjunct professors who teach in the fall only, and come back each fall?

The current guideline that anyone who has not worked for the university within one year and a day is considered an initial hire would apply.  This type of adjunct professor would likely not have a separation period of longer than 1 year and a day.

What about faculty paid through honoraria?

Faculty paid through honoraria that only work at UK for very short periods of time (less than one week) will not be required to undergo PNBC.

What about independent contractors?

Independent contractors (as defined by the Business Procedures Manual) will not be required to have a PNBC; however, if it is determined that a PNBC is necessary, Purchasing can have it written into their contract agreement (such as Morrison's or MediDyn at the UK Hospital).

I have numerous employees hired through HR Temporary Employment (formerly known as STEPS); will I be responsible for paying for their checks?

HR Temporary Employment actually runs a PNBC on all of their own hires, so departments hiring temporary employees through that office will not be charged for them; however, if you currently hire your own temporary employees you will be responsible for ordering and paying for the PNBC (for more information on HR Temporary Employment, please contact Molly Feldman at 257-3330).

Because new screening requirements will require new funding, how can the University save money?

Human Resources' requirement that virtually all jobs be posted through the Online Employment System will help maximize efficiency of the actual screening process and ensure and document compliance in the most cost-effective manner. Further, this will allow us document and refine this process over time for even greater savings.

If an initial hire is "not viable" based on screening results, who has the responsibility to tell candidate?

Two scenarios:
1) The hiring department has the responsibility when employees are hired directly.

2) Human Resources will notify initial hire in all cases where the job posting has been coordinated through UK Career Employment or UK Temporary Employment.

Who will get the reports on employees?

Human Resources will receive background check (and for that matter, drug screen) results directly. Note: Online applications will also require self-disclosure of felonies, so hiring department/college should already be aware of applicants' criminal history.

I understand all final candidates must have an application on file. Does it need to be signed?

While it's not a requirement of the PNBC process, HR strongly suggests that hiring departments print out the online application form, asks the candidate to sign and sends the form to the employees personnel file in Employee Records, Room 21 Scovell Hall, 0064.  

Other FAQs on the Background Check Process:

Frequently Asked Questions at the Pre-Employment Screening Main Page

Freqently Asked Questions for Direct Users