A. HIRING EMPLOYEES
1. Hiring Practices
A.1.01 - Promotion, Job Posting, Classification:
The System is committed to filling all positions with qualified candidates. The System will attempt to promote qualified employees from within the System when it is in the best interest of the System to do so. All other new and vacant full-time positions will be advertised and posted.
A.1.02 - Fair Employment Practice:
The System shall follow lawful hiring practices in the recruitment, selection, and employment of personnel. The System seeks to employ staff and faculty with diverse backgrounds and perspectives to permit a broad and multi-cultural educational experience.
A.1.03 - Employment:
Initial, renewal, and promotional employment of all contractual personnel shall be approved by the Chancellor and ratified by the Board.
A.1.04 - Re-employment:
With the exception of an employee who departs employment under a Reduction in Force, any former employee rehired by the System after a break in service of twelve months or more shall forfeit accumulated sick leave, credit for prior service, and any salary increase which might have been earned during continued employment.
Any former employee who was discharged for cause under F.13.03 (discharge for misconduct), or F.13.04 (immediate discharge) or whose contract was not renewed is not eligible for re-employment.
A.1.05 - Selection Guidelines:
All managers shall adhere to procedures established by System Human Resources in the selection of all employees. The Board may establish criteria for the selection of the Location Executive Officers, and may further establish special procedures and criteria for other positions as so designated.
A.1.06 - Nepotism:
The System may not employ a person hired as an individual or an independent contractor if he or she is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the Board of Trustees unless the person was already employed by the System before the election or appointment of the Board member and the person's prior employment was continuous for at least thirty (30) days (if the public official was appointed) or at least six (6) months (if the public official was elected).
An employee may not directly supervise a family member. A family member is defined as husband, wife, child (natural, foster, step, adopted), parent (natural, step or adoptive), grandmother, grandfather, grandchild, sister, brother, niece nephew, aunt, uncle or in-laws in the same degree of relationship as listed above or domestic partner. An employee may not serve in the direct line of supervision over family member unless conflicts are resolved and approved by the LEO.
A.1.07 - Pre-Employment Physical:
The recommended candidate hired into any position that has been identified as requiring a pre-employment physical must be referred to a System-recommended physician to undergo a physical examination to determine if he or she may safely perform the essential functions of the position, prior to commencing work for the System. The physician shall communicate directly with the System Office Human Resources Department concerning any physical restrictions which apply to each such prospective employee.
A.1.08 - Reference Checks/Identification Badges:
Prior to making a job offer to any candidate for employment, the hiring manager must conduct reference checks. The hiring manager should contact persons or entities that the hiring manager believes to be familiar with the candidate's work history, or work-related skills, knowledge, and experience.
Prior to making a job offer to any candidate for employment as a peace officer, the System Director of Public Safety shall ensure the completion of a comprehensive review of the candidate's employment history, including a review of the records maintained by the Texas Commission on Law Enforcement (TCLEOSE)-and by each law enforcement agency for which the candidate has previously worked.
The System will provide all part-time and full-time peace officers who provide services for the System with identification badges as required by state law.
A.1.09 - Criminal Background Checks:
Each applicant for employment as a student worker, part-time employee, full-time employee or volunteer is required to complete the section of the application or designated release form concerning his or her criminal history prior to performing any type of work in the System.
Prior to commencing employment or volunteer work, the recommended candidate for any LSCS position shall be required to successfully complete a criminal background check, which may also include a fingerprint check.
The LSCS police department or an outside contracted company will collect available crime record information to determine if any selected candidate for a position has a criminal history before a final job offer is made to the candidate.
If records are found that document the candidate has been convicted of or received deferred adjudication for a crime, the records will be reviewed by Human Resources and the Location Executive Officer (LEO), to determine whether the person will be approved for hiring.
The fact that a person has been convicted of a misdemeanor or a felony will not necessarily disqualify him or her from employment with the System, but the responsibilities of the position, the nature of the crime, the length of time since conviction, and record of the candidate since the conviction will be considered.
Any persons, including volunteers, who are identified to work with programs or activities with a special focus on service for minor children must have a comprehensive criminal background check completed prior to commencing any duties with children. No person shall be hired if his or her background reflects a conviction for a child related sexual or predatory offense. For the persons who may work with minor children, the term "conviction" means entering a plea of nolo contendre, a plea of guilty, or being found guilty of the crime. Receiving deferred adjudication is also considered a "conviction."
A.1.10 - Other Review of Background:
Additional background checking may be conducted, according to the specific security concerns of a position; however, when such is required, the job posting shall so notify all applicants.
A.1.11 - Fair Credit Reporting Act:
Whenever LSCS procures a consumer report from a third party company (to include but not limited to criminal background check, sanctions check, educational, and work history) and the applicant is denied employment, either wholly or partly, because of information contained in a consumer report, a disclosure will be made to the candidate of the name and address of the consumer reporting agency making such report. The candidate will be provided a copy of the report and a statement of applicable consumer rights.