Compliance

Background Check

All employees subject to a background check must obtain clearance before starting employment.

We've recently updated our process to expedite background check clearance for faster turnaround times.

As of April 2024, departments under the SHARE Region will be required to complete a new IOC Form which includes supplementary questions to determine if fingerprinting will be required.  For more information, please refer to the dropdown below.

Background Check Only vs Fingerprinting Live Scan & Background Check

The new IOC will include the following questions:

  • Is this position a Weapon Carrying Peace Officer / Dispatch Officer?

  • Does this position have a requirement for a license, certificate, or degree in a healthcare setting that requires Livescan?

  • Is this position supervising minors?

  • Is this position funded by a contract or grant that requires a Livescan?

If you answered yes to any of the questions above, please note that a Fingerprinting LiveScan will be required in addition to the Background Check.

However, if none of the questions apply to you, your employee will only need to complete a Background Check.

Projecting Start Dates

When selecting a start date, we kindly request that you factor in sufficient time for the onboarding process and completion of background checks. If an employee does not receive their clearance prior to their start date, their start date should be adjusted accordingly. 

  • For background checks only, please allow a minimum of 2 weeks.

  • If both background checks and fingerprinting are required, please allow a minimum of 4 weeks.

Background Check Steps

Steps

Process

1

Department fills out the New IOC with supplemental questions. 

  • If an older version of the IOC Form was mistakenly used, a DocuSign WebForm will be sent to collect responses  to supplemental questions.

2

Onboarding Team is provided with Background Check Details either through ServiceHub or Smartsheet

ServiceHub

  • Please check off background check needed in the field options for workflow cases

  • Please create a background check ad-hoc task for non-workflow cases

Smartsheet

  • Under Background Check field select from the correct dropdown 

3

The Onboarding Team will assess the supplemental questions to decide whether to send a DocuSign packet for a background check only, or for both fingerprinting and background check procedures.

4

The employee will complete Background Check via HireRight and/or Fingerprinting via Biometrics4All.  


**If fingerprinting is necessary:

  • CA employees will need to schedule an appointment to complete LiveScan Fingerprinting. 

  • Out-of-state employees currently out of state, will be required to undergo a hardcard process.**

5

Onboarding team receives background check status and updates ServiceHub case or Smartsheet as necessary


** If an employee does not receive clearance prior to the start date, the supervisor and HR Representative will be informed to adjust the start date accordingly. 

Child Abuse and Neglect Reporting Act (CANRA)

CANRA imposes an obligation to report child abuse or neglect on certain individuals and establishes procedures to report suspected child abuse or neglect or the suspected abuse of dependent adults and elders

For more information, please refer to Central Service’s webpage on CANRA

Which employees are required to complete CANRA Training and become a Mandated Reporter?

  • Contact with children * on a regular basis; or

  • Direct contact and supervision of children; or

  • Supervision of other mandated reporters; or

  • Assumed full or intermittent responsibility for the care or custody of an elder or dependent adult

* This could include a student worker or intern under the age of 18.

CANRA Steps

Steps

Process

1

Determine if employee is required to become a mandated reporter

  • Please review the criteria above to determine if the employee's job responsibilities mandate eligibility for CANRA training.

  • If you need assistance determining eligibility, please contact your HR Representative. 

2

**If employee is active in the system and has previously completed a background check, please skip to step 3 **


If CANRA is required, a background check will be needed.  

When assigning the start date, please allow sufficient time for Onboarding and Background Check processing 

3

Once the employee has successfully cleared their background check 

  • If the employee is active in UCPATH, they will need to complete their training via UC Learning Center on the first date of employment

  • If the employee is not active in UCPATH, they will be sent the training via Praesidium  

4

Employee completes CANRA Training on 1st Date of Employment 

Supervisors are responsible for assuring this is completed by the employee.

Form I-9 and Employment Work Authorization

All employees hired and working for pay or other type of payment in the United States, regardless of citizenship status, must complete a Form I-9 per USCIS Guidelines

The purpose of the Form I-9 is to verify your identity and employment eligibility in the United States.

Completing Form I-9 During Onboarding

Steps

Process

1

Eligibility 

The Onboarding Team determines if a Form I-9 is needed for hire. 

  • In most cases, a Form I-9 will be needed. 

  • Exceptions can be: Visiting Scholars, Visiting Student Researchers, Contingent Worker Titles, and Volunteers.



If the employee is a rehire, they may be required to complete another Form I-9. This may be due to one of  the following

  • The Form I-9 is older than 3 years, 

  • The original Form I-9 was completed during I-9 video verification. This is no longer acceptable. 

  • The employee’s work authorization documents may have expired, and require the employee to present new documentation. 

2 

Intake Form 

Employees will be provided the Onboarding Intake Form Link to provide Authorized Representative. 


Who is an Authorized Representative?

An authorized representative is someone who will act on behalf of UC Berkeley and will assist the employee in completing Section 2 of the Form I-9. They can be anyone of the employee’s choosing, the only requirement is that they need to be 18 years or older, and you must be able to meet with them in person. 

  • They do not have to be employed or affiliated with UC Berkeley.

  • An Authorized Representative cannot be the employee themselves

  • An example may be a friend, roommate, coworker, or family member.


** If you were requested to act as an Authorized Representative, please visit the following link: Department Authorized Representative Guide**

3

Section 1 

Employees will be provided with Section 1 of Form I-9, which they are required to complete themselves. This section will prompt them to provide personal information such as their legal name, U.S. address, and citizenship status. 

Section 1 of Form I-9 must be completed by start date. 


USCIS - Completing Section 1 

4

Section 2 

Employees will meet with an Authorized Representative (or HR Representative) to complete Section 2 of their Form I-9. 

This must be completed within 3 business days of start date in the United States

  • If you are currently outside of the United States and are a foreign national, please complete Section 2 within 3 business days after arrival. 


Employees should present physical I-9 documents, copies will not be accepted. The representative will then input the document numbers and expiration dates into the system. 



Helpful Links or Tools:

5 Review

As a final step, the onboarding team will review the Form I-9. If there are any issues with the employee’s Form I-9, we will be emailing the employee. 


If an employee is unable to provide acceptable work authorization documents, their appointment start date will need to be postponed until they can supply the necessary documentation. 


Failure to provide acceptable work authorization documents may result in the rescinding of their job offer

Reverification

Steps

Process

1

All employees, excluding U.S citizens and permanent residents, must reverify their work authorization document once they have expired or changed. 


  • If their status has changed, it is the employee’s responsibility to inform Share Onboarding (share_hiring@berkeley.edu) of this change. 

2

The SHARE Region will contact the employee approximately one month prior to their document expiration date to initiate the reverification process. Employees will receive 3 follow ups reminders leading to their expiration date. 

3

We will send another reminder on expiration date to the employee informing them that action will be taken if no response is received. 

The HR Representative will communicate to the Supervisor/ Department of next actions to be taken and will  assess when it is appropriate to process the leave without pay in relation to the payroll deadlines


Employees should not be allowed to continue working until they are able to provide acceptable work authorization documents.

4

If no response is given the week after expiration date, SHARE Operations Supervisor and HR Manager will discuss the next appropriate action.

AB-119

AB-119, a California bill signed into law in 2017, requires public employers, including UC, to provide unions with an accurate list of new (within 30 days of employment) and current employee names, job title, department, work location, and contact information..

For more information, please visit People & Culture's AB-119 Website

Information Reviewed by AB-119

When hiring an employee, please ensure the following information provided or up-to-date:

  • Location Code

    • If the employee is telecommuting or working remote, please use the following code: “Telecommute/WFH” or “100%Remote”

  • Location Cubicle

    • When entering room or cubicle number, use the structure: RM #### or  CB ####

  • Employee Work Email Address

  • Employee Work Phone Number

  • Employee Work Cell Phone

During Onboarding, we may collect the following information from the employee:

  • Home Phone Number

  • Personal Email Address

  • Personal Cell Phone Number

**At any time, the employee can update their personal information via UCPATH self service- Job Aid: Self Service Employee Actions.**

Disclaimer: 

As an effort to ensure all our information is accurate and complete, we will be sending audit’s to add any missing information. When the audits are distributed, we will send emails with communications on how to provide the missing information. 

Background Check IOC

Background Check Links

CANRA Links

Form I-9 and Work Authorization Documents

AB-119