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Human Resources

Background Checks

Pennsylvania Act 153 Notice

The Pennsylvania Legislature passed Act 153 in October 2014 required nearly all employees and volunteers working in higher education to obtain child abuse and criminal background clearances. Recently, the Pennsylvania Legislature passed, and Governor Wolf signed on July 1, 2015, a revised version of Act 153, referred to as House Bill (HB) 1276. HB 1276 has made a number of significant revisions to the background check requirements contained in Act 153. Of most significance, HB 1276 exempts College employees and work study students from the need to obtain a background check where their contact with children (individuals under 18) is limited to interacting with matriculated* and prospective students of the College. This exemption should apply to nearly all of the College’s employees and work study students.

The amended law, however, does leave in place background check requirements for employees working with dual-enrollees (e.g., high school students who are taking classes at Haverford), personnel who have direct contact with children who participate in various summer camps on campus, and volunteers who have direct contact with children.

Internal Human Resource processes have been amended to allow the College to proceed with background checks on only those employees and volunteers whose position requirements meet the parameters outlined in HB 1276. Human Resources will continue to coordinate with hiring managers and supervisors to ascertain whether or not an employee or volunteer requires a background check. If it is determined that a background check is required due to the nature of work performed, the College will continue paying the fees associated with obtaining the clearances.

Should you have any specific questions about the new law, its impact on your position, a proposed position, or the Haverford community, you are encouraged to reach out to Julie Sheehan.

* A matriculated student is defined as "a student who is enrolled in an institution of higher education and pursuing a program of study that results in a postsecondary credential, such as a certificate, diploma or degree."

Obtaining Clearances

Frequently Asked Questions

  • What groups will need background checks?
    • Applicants for paid or volunteer positions such as:
      • School employees with “direct contact with children.” “Direct contact with children” is defined very broadly; arguably this could mean any employee with interaction with children that goes beyond one-time, incidental contact
      • Volunteers who are “responsible for the welfare of a child or having direct contact with children.”
    • Existing employees or volunteers
    • Teenage employees or volunteers:  All teenage employees aged 14 or older will require a background check; however, background checks will not be necessary for teenage volunteers
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  • What information is gathered by the College?

    Before beginning employment with the College, s/he must submit the following three items:

    • Criminal history record from the Pennsylvania State Police;
    • Certification from the Pennsylvania Department of Human Services (formerly known as the Department of Public Welfare) certifying whether there is a “founded” or “indicated” child abuse report in connection with the individual;
    • Federal criminal history record, based on submission of a full set of fingerprints to the Pennsylvania State Police.
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  • Is there a grace period during which a new employee can work while the background check is underway?

    Paid employees can work without completed background checks for 90 days if the following conditions are met:

    • Employee submits copies of the completed application forms for background checks
    • The employee signs an affidavit stating that the employee would not be disqualified from service because of a known conviction or child abuse report
    • The employer has no knowledge or information which would disqualify the employee; the employee is not permitted to work  alone with children while in provisional status
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  • Which crimes will disqualify someone from employment or service?

    Many crimes are disqualifying: generally speaking, crimes involving children, crimes of a sexual nature, violent felonies, and drug felonies within the past five years

    If an employee is arrested for or convicted of an offense that would constitute grounds for denying employment or participation in a program, activity, or service, or is named as a perpetrator in a founded or indicated report, the employee must provide the College with written notice not later than 72 hours after the arrest, conviction, or notification that the person has been listed as a perpetrator in the statewide database.

    An employee who willfully fails to disclose information as required above commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of employment.

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  • How often must background checks be renewed?

    Background checks must be conducted within 36 months of the most recent certification.

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  • Is my employer required to keep a copy of my clearances?

    Yes, pursuant to Section 6344(b.1), the employer, shall maintain copies of the required information and require the individual to produce the original documents prior to employment or acceptance to serve in any such capacity, except provisional employees for limited periods.

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  • Can my clearances be transferred?

    Any person who obtained their clearances may transfer or provide services to another subsidiary or branch established and supervised by the same organization during the length of time the person’s clearances are current.  Unfortunately, individuals who obtained clearances from other institutions will be required to undergo the clearance process while at Haverford.

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