Labor, Training & Compliance

Fingerprinting ProgramPractice Directive P201

Effective Date: August, 1976; Rev: July; 1997; Rev: May, 2005

Program
201.1 The Fingerprinting Program is designed to
 
  1. validate information provided by prospective employees in designated sensitive positions or functions;
  2. comply with the California Information Practices Act with regard to notification and access to records obtained in connection with fingerprinting and is enforced through Education Code 89535 which states that an employee may be dismissed, demoted or suspended for conviction of a felony or conviction of any misdemeanor involving moral turpitude, or for fraud in securing appointment.
201.2 For each designated sensitive position, recruiting materials shall contain a provision requiring fingerprinting as a condition of employment.
201.3 New and/or current employees appointed into designated positions or functions shall undergo fingerprinting as a condition of employment.
SCOPE
201.4 Designated positions or functions for fingerprinting include:
  1. Positions who handle cash
  2. Positions who handle prescription drugs
  3. Positions who handle master keys
  4. Positions who work in the Campus Children’s Centers
  5. Positions who work in the Campus Department of PublicSafety
  6. Positions who work in Housing and Residential Services
 
201.5 Where the provisions of the Fingerprinting Program are in conflict with the collective bargaining agreements reached pursuant to Chapter 12, (commencing with section 3560) of Division 4 of the Government Code, the collective bargaining agreements shall take precedence.
PROCEDURE
201.6 The Human Resources Department or hiring authority shall schedule an appointment for fingerprinting with the Campus Department of Public Safety. Records of the California Department of Justice and Federal Bureau of Investigation shall be searched and conviction records, if any, obtained by the Campus Department of Public Safety.
201.7 Records obtained through fingerprinting shall be carefully reviewed by the Human Resources Manager, hiring authority and Director of Public Safety or designee. Conclusions may not necessarily result in separation from employment. Each case shall be considered individually and decisions shall be based on the job-relatedness of the offense, among other factors. The subject individual may submit a request to Human Resources for access to personal records obtained through fingerprinting.
201.8 Should action be required which changes an employee’s status, the cabinet officer shall be consulted.
201.9 References: FSA 82-31, Revision of Policy on Fingerprinting of Employees; FSR 85-72, Fingerprinting Practices; Education Code, Section 89535 (g) and (h), Information Practices Act Civil Code 1798.17; HR 2005-10 Background Checks.
Last Updated: May 20, 2005
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