Administrative Procedures

Student Criminal Background Check and Drug Screening Procedure

Procedure Number: 6.9-P

Current Effective Date: 08/23/2024

Original Effective Date: 04/13/2017

Revision Dates: 08/23/2024

Revision Number: 1

Revision Summary: update to address medicinal cannabis provisions

Responsible Official: Provost; Vice President of Academics and Student Services

References: KCTCS Administrative Policy 6.9

1. Purpose

This Procedure establishes the method of conducting criminal background checks (CBCs) and drug screenings for students seeking admission to and progression through programs and courses involving clinical placements.

2. Scope

This Procedure applies to all students in KCTCS programs in which students provide direct delivery of patient or client care services at affiliated agencies as part of the learning experience, if required by such affiliated agencies.

3. General Provisions

1. Definitions
   1. Affiliated Agency: A non-KCTCS organization or entity at which KCTCS may place students to obtain clinical experiences or internships by providing direct delivery of patient or client services as part of the learning experience.
   2. Criminal Background Check (CBC): A review of an individual’s criminal history.
   3. Clinical Placement: Any KCTCS-arranged or approved placement of a student in an on-site experiential learning situation with direct contact with patients, clients, or customers.
   4. Drug Screening: A method for detecting drugs or alcohol in the body.
   5. Designated College Employee(s): Each college shall designate specific program employees who have permission to see flagged results, and others who have permission to see full results in accordance with program needs and staffing.
   6. Approved Vendor: A third-party entity contracted with or approved by KCTCS to provide criminal background checks and/or drug screenings. Only approved Vendors may be used by programs to perform student background checks and/or drug screenings.
       
2. Student Responsibilities
   Students must:
   1. Initiate the process and pay the Vendor directly for the drug screen.
   2. Complete a FERPA (Family Educational Rights and Privacy Act) release and any other required documentation to permit the Vendor, the college, and the Affiliated Agency to share CBC and/or drug screening results with one another.
   3. Failure or refusal to submit to the CBC and/or drug screening or evidence of manipulation or falsification related to either the CBC or drug screen shall disqualify the student from clinical placement and make him/her subject to disciplinary action, including but not limited to immediate dismissal from the course and expulsion from the college, without right to refund or withdrawal.

4. Criminal Background Checks

4.1.

The KCTCS college placing students at an Affiliated Agency that requires a CBC shall provide the student with relevant information about obtaining a CBC from an approved Vendor (Vendor) selected by the College.

4.2.

CBCs performed by approved Vendors generally include the following data elements:

• Social security number and identity verification;
• Criminal search national and county including maiden and alias names;
• Violent Sexual Offender and Predator Registry Search;
• Office of Inspector General (OIG) List of Excluded Individuals/Entities;
• General Services Administration (GSA) List of Parties Excluded from Federal Programs;
• US Treasury, Office of Foreign Assets Control (OFAC), List of Specially Designated Nationals (SDN)

4.3.

The approved Vendor shall operate in accordance with the Fair Credit Reporting Act and all other applicable laws, and shall provide results to both Students and the College.

4.4.

Some Affiliated Agencies do not require the CBC described in 4.1, but instead require a Kentucky State Police or FBI background check. Results of the State Police or FBI background check are subject to all other requirements of this procedure.

4.5.

Some Affiliated Agencies require the CBC to be conducted in accordance with the Affiliated Agency’s internal policies rather than being conducted by the KCTCS Approved Vendor. Results of those CBCs are also subject to this procedure.

4.6.

Students may not choose an Affiliated Agency for clinical placement based on whether or not the agency requires a CBC.

4.7.

Students may enroll in the course or program but may not engage in clinical placement without successfully passing the CBC.

4.8.

Students must obtain and pass a CBC each year for the duration of their enrollment in the program. Students who leave the program for any reason must obtain and pass a new CBC before readmission to a clinical placement.

5. Drug Screening Process

5.1.

The KCTCS college placing students at an Affiliated Agency that requires a drug screening shall provide the student with relevant information about obtaining a drug screening from an approved Vendor (Vendor) selected by the College

5.2.

The Vendor will perform the screening in accordance with industry standards and provide the results to the student and the designated College employee(s).

5.3.

Students may enroll in the course or program but may not engage in clinical placement without successfully passing the drug screening.

5.4.

Students must obtain and pass a drug screening each year for the duration of their enrollment in the program. Students who leave the program for any reason must obtain and pass a new drug screening before readmission to a clinical placement.

5.5.

Affiliated Agencies or Clinical Instructors may require additional drug screenings based on student behavior during the clinical placement. As a condition of enrollment or continued enrollment, students must comply with such reasonable requests and pass those screenings.

5.6.

Students who are medicinal cannabis cardholders must comply with the drug screening requirement and may disclose their status as a cardholder to explain a positive screening for cannabis. However, KCTCS cannot guarantee a student cardholder with a positive screening for cannabis will be able to complete the practicum/clinical experience required to complete the program.

6. Results Review

6.1.

The designated College employee shall ensure the Vendor makes available to the students all results of criminal background checks or drug screenings on the Vendor’s secure website, and that summary results are available to designated College employee(s).

6.2.

The designated College employee shall review all results indicating that a student may be disqualified from clinical placement. The reviewer may consult with System Office Program Compliance Specialist or Office of General Counsel personnel.

6.3.

Dispute of Results
The designated College employee shall ensure the Vendor the Vendor has and complies with a reasonable and prudent process by which students may dispute results of their CBCs and/or drug screenings.

1. Students may not participate in the clinical experience while disputing the results.
2. Students who qualify for clinical placement after successfully disputing CBC or drug screening results shall be provided an opportunity to make up clinical hours missed during the dispute period, or permitted to withdraw if making up missed time is not feasible.
3. Students who do not achieve successful CBC or drug screening results shall be permitted to withdraw from the course in accordance with the college’s withdrawal policies and procedures.

6.4

Affiliated Agencies

1. The College may discuss flagged results with the Affiliated Agency prior to placement, without identifying the student.
2. Affiliated Agencies may request to review and verify CBC or drug screening results.
3. The Affiliated Agency has the final say on whether a student qualifies for clinical experience at its facilities.
4. If participation in a clinical experience is a required part of the program, students rejected by an Affiliated Agency due to unacceptable results on any CBC or drug screening shall be allowed to withdraw from the program.
5. The Vendor shall securely maintain the results of CBCs and drug screenings. Hard copy results included in Program files will retained for up to five (5) years after the student withdraws or graduates.