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164.281 Public institution of postsecondary education criminal history
background checks -- Initial hires, contractors, employees, volunteers,
visitors -- Disclosures -- Termination.
(1)
(2)
(3)
(4)
(5)
(6)
Each public institution of postsecondary education shall require a criminal
history background check on all initial hires.
(a) The background check shall consist of a state criminal history
background check and a national criminal history background check.
(b) Applications shall authorize the appropriate agency to search police
records for convictions and make results known to the institution, and the
institution may require the applicant to bear the cost of the criminal history
background check.
Each public institution of postsecondary education may require a criminal
history background check on a contractor, employee of a contractor, volunteer
for the institution or a program of the institution, or visitor, subject to the same
terms and conditions as in subsection (1) of this section.
If, upon review of the results of the criminal history background check, a public
institution of postsecondary education finds that the applicant, contractor,
employee of a contractor, volunteer, or visitor has been convicted of, pled guilty
to, or entered an Alford plea to a sex crime as specified in KRS 17.500 or a
violent offense as specified in KRS 439.3401, the institution may:
(a) Deny employment or modify the conditions of employment to provide for
appropriate supervision;
(b) Deny a contractor or a contractor's employee a permit to enter the
institution or its grounds, or modify the contract to provide for appropriate
supervision;
(c) Prohibit a person from volunteering or require the person to agree to
appropriate supervision; or
(d) Prohibit a person from visiting the institution or its grounds, or require that
person to agree to appropriate supervision.
Each application or renewal form, provided by the institution to an applicant for
employment, shall conspicuously state the following: "FOR THIS TYPE OF
EMPLOYMENT, STATE LAW REQUIRES A STATE AND NATIONAL
CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF
EMPLOYMENT."
If the institution requires a criminal history background check for contractors,
employees of contractors, volunteers, or visitors, the institution shall provide to
the prospective person or organization the following statement: "FOR THIS
TYPE OF CONTRACT OR FOR BEING AN EMPLOYEE OF A
CONTRACTOR, A VOLUNTEER FOR THE INSTITUTION OR AN
INSTITUTIONAL PROGRAM, OR A VISITOR OF THE INSTITUTION, THIS
INSTITUTION REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY
BACKGROUND CHECK."
If an employee of the public institution of postsecondary education is convicted
of, pleads guilty to, enters an Alford plea to, or is adjudicated guilty of an
offense specified in subsection (3) of this section, the employment of that
person may, at the discretion of the institution, be terminated as of the date of
(7)
the conviction.
A private college or university located in the Commonwealth may utilize at its
discretion any of the provisions of this section, providing that it does so in a
written institutional document.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 182, sec. 19, effective July 12, 2006.
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