/Institutions/University-of-Texas-Rio-Grande-Valley/json/som/policies-local.json

/Institutions/University-of-Texas-Rio-Grande-Valley/json/som/policies.json

EAA077 Medical Student Criminal Background Check Policy

Policy Number: EAA077
Policy Title: Medical Student Criminal Background Check Policy

A. Purpose

The University of Texas Rio Grande Valley School of Medicine (SOM) conducts background checks for all applicants who have received an offer of admission, current students anticipating clinical assignment , and visiting students placed in affiliated clinical facilities to ensure that each satisfactorily completes a background check as a condition of matriculation to the SOM.

B. Persons Affected

This policy applies to applicants who have received an offer of admission to The University of Texas Rio Grande Valley School of Medicine and current students anticipating clinical assignments. Visiting students assigned placements in an affiliated clinical facility are also subject to the policy.

C. Policy

Applicants who have received an offer of admission must submit to and satisfactorily complete a background check review as a condition of matriculation to the SOM. An offer of admission will not be final until the completion of the criminal background check(s) with results deemed satisfactory. Admission may be denied or rescinded based on a review of the criminal background check.

Additionally, students who are currently enrolled may have to submit to, and satisfactorily complete, a background check review as a condition to enrolling or participating in educational experiences at affiliated clinical sites as required. Students who return from a leave of absence may also require a criminal background check. Students who refuse to
submit to the criminal background check or do not pass the criminal background check review may be dismissed from the medical education program.

Rationale

1. Health care providers are entrusted with the health, safety, and welfare of patients, have access to controlled substances and confidential information, and operate in settings that require the exercise of good judgment and ethical behavior. Thus, an assessment of an applicant's or current student's suitability to function in these settings is imperative to promote the highest level of integrity in health care services.
2. Clinical facilities are increasingly required by accreditation agencies, such as the Joint Commission of Healthcare Organization, to conduct background checks for security purposes on individuals who provide services within the facility and especially those who supervise care and render treatment. To facilitate this requirement, educational institutions have agreed to conduct these background checks for students and faculty.
3. Clinical rotations are essential components of the medical school curriculum. Students who cannot participate in clinical rotations due to criminal or other adverse activities that are revealed in the criminal background check are unable to fulfill the requirements of medical school. Additionally, many health-care licensing agencies require individuals to pass the criminal background check as a condition of licensure or employment. Therefore, it is important to resolve these issues prior to a commitment of resources by the applicant, the current student or the SOM.
4. The SOM is obligated to meet the contractual requirements contained in affiliation agreements between the SOM and the various clinical facilities.

Background Check Report

1. The SOM will designate approved company(ies) to conduct the criminal background check and issue reports directly to the SOM. Results from a company other than those designated by the SOM will not be accepted. Applicants who have received an offer of admission and current students must contact a designated company and comply with its instructions in authorizing and obtaining the criminal background check. Applicants who have received an offer of admission and current students are responsible for payment of any fees charged by a designated company to provide the criminal background check.
2. Criminal background checks include the following and cover at least the past seven years:
   1. Criminal history search, including convictions, deferred adjudications or judgments, and pending criminal charges involving felonies, Class A, Class B, and Class C violations
   2. Social Security Number verification
   3. Violent Sexual Offender and Predator Registry search
   4. Office of the Inspector General (OIG) List of Excluded Individuals/Entities
   5. General Services Administration (GSA) List of Parties Excluded from Federal Programs
   6. U.S. Treasury Office of Foreign Assets Control (OFAC), List of Specially Designated Nationals (SDN)
   7. Applicable State Exclusion List

APPENDIX A - PROCEDURE 

Applicants

1. Applicants must complete the required criminal background check following the offer of admission but prior to matriculation.
2. The criminal background check report will be submitted to and reviewed by the Associate Dean for Student Affairs. If the report contains concerning findings, the Associate Dean for Student Affairs may request that the applicant submit additional information related to the finding, such as a written explanation, court documents, and/or police reports. The Associate Dean for Student Affairs will review all available relevant information. Prior to making a final determination that will adversely affect the applicant, the SOM will provide the applicant a copy of or access to the background check report in order to question the accuracy of the report. The designated company is not involved in any decisions made by the SOM.
3. The SOM has authority to refuse or rescind an offer of admission of the applicant to the SOM. The SOM decisions are final and may not be appealed.

Current Students

1.  Students satisfactorily completed the criminal background check at the time of admission into the medical education program. Students may have to complete the criminal background check review prior to commencement of an assignment to a clinical facility. Students who return from a leave of absence may require the criminal background check. If a legal violation occurs after matriculation, it is the student's duty to report the violation to the Associate Dean for Student Affairs within 30 days. These students may also require satisfactory completion of the criminal background check. Violations include if you have ever been arrested, charged, or convicted of a misdemeanor or a felony. Serious traffic offenses such as reckless driving, driving under the influence of alcohol and/or drugs, hit and run, evading a peace officer, failure to appear, driving while the license is suspended or revoked MUST be reported. This list is not all-inclusive, and if in doubt as to whether an offense should be disclosed then it is better to disclose.
2. Criminal background check reports will be submitted to the Associate Dean for Student Affairs for review. If the report contains concerning findings, the Associate Dean for Student Affairs may request that the student submit additional information related to the finding, such as a written explanation, court documents and/or police reports. Prior to making a final determination that will adversely affect the student, the SOM will provide the student a copy of or access to the background check report in order to question the accuracy of the report. The designated company is not involved in any decisions made by the SOM.
3. The Associate Dean for Student Affairs will review all available relevant information and may take immediate action related to the student's participation in clinical activities, pending full review and decision by the Medical Student Evaluation & Promotions Committee (MSEPC).

 

Review Standards

Review Standards

In reviewing the background check reports and any submitted information, the following information may be considered in making determinations: the nature and seriousness of the offense or event, the circumstances surrounding the offense or event, the relationship between the duties to be performed as part of the medical education program and the committed offense, the age of the person when the offense or event occurred, whether the offense or event was an isolated or repeated incident, the length of time that has passed since the offense or event, past employment and history of academic or disciplinary misconduct, evidence of successful rehabilitation, and the accuracy of the information provided by the applicant who has received an offer of admission or current student in the application materials, disclosure forms, or other materials. Decisions will be made bearing in mind both the safety interests of the patient and the learning environment, as well as the educational interest of the student. In reviewing background checks and supplementary information, advice may be obtained from the UTRGV Office of Legal Affairs or UT System Office of General Counsel, UTRGV Police Department, or other appropriate advisors.

Confidentiality and Record Keeping

1. Criminal background check reports and other submitted information are confidential and may only be reviewed by UTRGV SOM officials and affiliated clinical facilities in accordance with the Family Educational Records and Privacy Act (FERPA).
2. Students: Criminal background check reports and other submitted information will be maintained in the Office of Student Affairs in accordance with the SOM's record retention policy for student records.
3. Applicants Denied Matriculation: Criminal background check reports and other submitted information of applicants denied matriculation into the medical education program will be maintained in accordance with the SOM's record retention policy.

Other Provisions

1. The Associate Dean for Student Affairs shall inform the applicant/current student who has concerning findings in the criminal background check report. The SOM's decision to allow the individual to enroll in the medical education program is not a guarantee that every clinical facility will permit the student to participate at its clinical sites, or that any state will accept the individual as a candidate for registration, permit, or licensure. An assigned clinical facility may require a repeat criminal background check. The individual must accept the potential for an inability to complete medical educational degree requirements if the individual is denied participation at a clinical facility fulfilling an essential irreplaceable clinical experience. Clinical affiliates may adopt more stringent requirements than those of the SOM.
2. The SOM may require repeat criminal background checks for continuously enrolled students. A student who has a break in enrollment such as a leave of absence may be required to complete the re-entry criminal background check.
3. Falsification of information, including omission of relevant information, may result in denial of admission or dismissal from the medical education program.
4. Criminal activity that occurs while a student is in attendance at the SOM may result in disciplinary action, including dismissal, and will be addressed through the charge of the MSEPC.