This is not the current policy. For the latest, click here.
4.25 Security-Sensitive Positions

Section 51.215, Texas Education Code, enacted as H.B. No. 1550 by the 68th Texas Legislature and amended by H.B. No. 1483, passed by the 70th Legislature, (1987), permits institutions of higher education to obtain criminal history information regarding applicants for security-sensitive positions. Security-sensitive positions are defined as those which may involve handling currency, having access to a master key, or working in an area of the institution which has been designated as security-sensitive. The policy herein has been developed to ensure consistent application of this statute.

A list of security-sensitive positions and security-sensitive areas at The University of Texas at San Antonio has been compiled and approved as provided in The University of Texas System, Business Procedure Memorandum No. 29-07-87. The Vice President for Business Affairs is responsible for maintaining this list in accordance with UT System procedures. Copies of the list of security sensitive positions may be obtained from the Personnel Office. The institutional Chief of Police may request criminal history information only for those positions and areas shown on the list of security sensitive positions. Questions concerning the positions and areas designated as security-sensitive should be directed to the Personnel Office.

Job descriptions for classifications which could conceivably be assigned to security sensitive positions shall include the following statement:

"Specific job requirements or physical location of some positions allocated to this classification may render the position security sensitive, in which case the University will obtain a criminal history on applicants for such positions."

All advertisements for security-sensitive positions must identify the position as a security-sensitive position within the meaning of < Section 51.215, Texas Education Code, and state that continued employment is contingent upon the results of a background investigation. Applicants being considered for security-sensitive positions must be informed in advance of the investigation process. The background investigation will include, but is not limited to, signing an Authorization for Release of Personal Information, fingerprinting and a criminal history check as considered appropriate for the position. The University may deny employment to any applicant for a security sensitive position who refuses to provide a complete set of fingerprints on request.

When possible, criminal history information requests are to be made prior to hiring an applicant. When a new employee has been hired into a security sensitive position/area, the Personnel Office will notify the Chief of Police that a background investigation is to be conducted. If the Personnel Office has not been involved in the recruitment of a new employee in a security-sensitive position/area, such as the hiring of student employees and/or part-time or temporary employees, it is the employing department's responsibility to ensure that the Chief of Police is notified that a background investigation is necessary. The Chief of Police of the University, or the Chief of Police of the Institute of Texan Cultures for ITC employees, is the only employee who is authorized to sign requests for criminal history information. No copies of the information obtained may be made. Information obtained as a result of a criminal history information request shall be used only for the purpose of employment in security-sensitive positions/areas, and shall in no way be used to discriminate on the basis of race, color, national origin, religion, sex, handicap or age.

If the background investigation reveals any prior conviction information, the Chief of Police shall review the conviction data with the Vice President for Business Affairs, or for the Institute of Texan Cultures' employees, with the Executive Director, prior to discussing his findings with those directly involved in the hiring decision. Decisions to continue or terminate employment will be made on an individual case basis only after consulting with the person or persons involved in the hiring decision.

The UTSA Chief of Police and the ITC Chief of Police have the responsibility for maintaining security of the criminal history information of their respective institutions. All criminal history information shall be sealed and placed in the custody of the Chief of Police who shall make provision for its storage in such a way as to insure that it will not be opened or released except upon the order of a court of competent jurisdiction. At the expiration of the probationary term of employment, all criminal history information related to the application shall be destroyed by the Chief of Police. Under no circumstances shall any criminal history information obtained through the procedures outlined in this section be placed in the personnel file of a successful applicant.