PPP37 Background Checks of Contractors and Contracted Individuals

Effective 03/18/15
Replaces 11/22/13

1. POLICY

This policy is established to enact the University’s policy that requires compliance with Executive Order 54. Executive Order 54 and University policy may be found at these two respective URL’s:

http://docs.legis.wi.gov/code/executive_orders/2011_scott_walker/2011-54.pdf
TBD

This policy applies to any unit of the University that is contracting with an individual, or, a contractor who employs individuals who are expected to have regular contact with minor children as a result of the contracted activities or services. In such circumstances, appropriate background checks must be conducted of the individual employees and requires reporting of any child abuse or neglect.

2. PERTINENT SECTIONS OF POLICY APPLYING TO CONTRACTING

Independent Contractors.

1. When the UW contracts with a specific individual who is expected to have regular contact with children as a result of the contracted-for activities or services, the contract shall include the following.

a. A requirement that the individual pass a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services.  This background check will evaluate whether the individual has any pending charges or convictions that are substantially related to the contracted-for activities or services, including but not limited to those that would render the worker unsuitable for regular contact with children.  Disqualifying convictions or charges include but are not limited to sexual offenses, violent offenses, and drug offenses.

b. A requirement that the individual follow the “Reporting Requirements” in Section III of this policy to the same extent as UW employees.

2. When the UW contracts with a business (or other entity) and workers from that business are expected to have regular contact with children as a result of the contracted-for activities or services, the contract shall include the following.

a. A requirement that the business supply workers who have passed a criminal background check demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to those that would render the worker unsuitable for regular contact with children.  Disqualifying convictions or charges include but are not limited to sexual offenses, violent offenses, and drug offenses.

b. A requirement that the workers follow the “Reporting Requirements” in Section III of this policy to the same extent as UW employees.

3. PROCEDURES FOR ENACTING POLICY

3.1       For units acting within the scope of their delegated procurement (i.e. under $5,000 or a specific delegation agreement), those units are responsible for compliance with this policy.

3.2       For Contracts not otherwise delegated, The Purchasing Office shall be responsible for compliance with this policy.

3.3       When it is made known to a Purchasing Agent that an individual is being contracted to perform work where they are expected to have regular contact with children, the following clause will be added:

This contract is contingent upon, prior to the commencement of services, the independent contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services.  This background check will evaluate whether the individual has any pending charges or convictions that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children.  Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”).  If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored, the contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

3.4       When it is made known to a Purchasing Agent that a contractor will be expected to have regular contact with children in the performance of a contract, the following clause will be added:

This contract is contingent upon, (insert entity providing services) supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children.  Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”).  If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.