DC(LEGAL) - EMPLOYMENT PRACTICES

Former Board Member Employment

Employee Information

  1. Completes section 1—''Employee Information and Verification''—on the Form I-9 at the time of hire and signs the attestation with a handwritten or electronic signature in accordance with 8 C.F.R. 274a.2(h), or if an individual is unable to complete the Form I-9 or needs it translated, someone may assist him or her in accordance with 8 C.F.R. 274a.2(b); and
  2. Present to the employer or the recruiter or referrer for a fee documentation as set forth in 8 C.F.R. 274a.2(b)(1)(v) establishing the individual's identity and employment authorization within the time limits set forth in 8 C.F.R. 274a.2(b)(1)(ii) through (b)(1)(v).

8 C.F.R. 274a.2(b)(1)(i)

Verification of Employment Eligibility

New Hire

  1. Physically examine the documentation presented by the individual establishing identity and employment authorization as set forth in 8 C.F.R. 274a.2(b)(1)(v) and ensure that the documents presented appear to be genuine and to relate to the individual; and
  2. Complete section 2 – "Employer Review and Verification" – on the Form I-9 within three business days of the hire and sign the attestation with a handwritten signature or electronic signature in accordance with 8 C.F.R. 274a.2(i).

8 C.F.R. 274a.2(b)(1)(ii)

Exception

Rehire

Existing Employee

8 C.F.R. 274a.2(b)(1)(vii)

E-Verify

New Hire Reporting

Deadline

  1. Not later than 20 calendar days after the date the employer hires the employee; or
  2. In the case of an employer transmitting reports electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

Penalties

Social Security Numbers

Exceptions

  1. Any disclosure which is required by federal statute.
  2. The disclosure of a social security number to a federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual.

Statement of Uses

Criminal History Records of Certain Applicants

  1. Handles currency;
  2. Has access to a computer terminal;
  3. Has access to the personal information or identifying information of another person;
  4. Has access to the financial information of the college district or another person;
  5. Has access to a master key; or
  6. Works in a location designated as a security-sensitive area.
  1. Obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to that person; or
  2. Obtain from any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to that person.

Gov't Code 411.087(a)

Participation in the Criminal History Clearinghouse

  1. Provide authorized entities with the Texas and FBI fingerprint-based criminal history results.
  2. Provide authorized entities with subscription and notification service to disseminate updated criminal history information.

Drug and Alcohol Clearinghouse Pre-Employment Inquiry

Pre-Employment Inquiry for Peace Officers and Telecommunications Officers

  1. Obtain the person's written consent for the agency to review the information required to be reviewed under this section;
  2. Request from TCOLE and any other applicable person information required to be reviewed under this section; and
  3. Submit to TCOLE confirmation that the agency, to the best of the agency's ability before hiring the person:
    1. Contacted each entity or individual necessary to obtain the information required to be reviewed under this section; and
    2. Except as provided by Occupations Code 1701.451(b), obtained and reviewed as related to the person, as applicable, the information described by Section 1701.451(a)(3)(B).

Retirees

  1. The governing board of the institution determines that the employment is in the best interests of the institution; and
  2. The person has been retired for at least 30 days before the effective date of the employment, except that a person retired under the optional retirement program may be rehired after retirement without a break in service.

Report

Employment Preference for Veterans

Veteran

Veteran with a Disability

Eligibility

  1. A veteran, including a veteran with a disability;
  2. A veteran's surviving spouse who has not remarried; and
  3. An orphan of a veteran if the veteran was killed while on active duty.

Application of the Preference

  1. A veteran with a disability;
  2. A veteran;
  3. A veteran's surviving spouse who has not remarried; and
  4. An orphan of a veteran if the veteran was killed while on active duty.

Veteran Employment Goal

Designation of Open Position

Interviews

  1. If the total number of individuals interviewed for the position is six or fewer, at least one individual qualified for a veteran's employment preference under Government Code 657.003; or
  2. If the total number of individuals interviewed for the position is more than six, a number of individuals qualified for a veteran's employment preference under Section 657.003 equal to at least 20 percent of the total number interviewed.

Employment Investigation

Federal Law and Grants

Reporting

  1. The percentage of the total number of employees hired or appointed by the agency during the reporting period who are persons entitled to a preference under Government Code Chapter 657;
  2. The percentage of the total number of the agency's employees who are persons entitled to a preference under Chapter 657; and
  3. The number of complaints filed with the executive director of the agency under Government Code 657.010 during that quarter and the number of those complaints resolved by the executive director.

Posting Requirements

  1. The name of the public entity;
  2. The location where the job is to be performed including city and state;
  3. A description of the job opening;
  4. The minimum educational and work experience required for the position; and
  5. Contact information regarding the opening.

Complaint Procedures

Employment ?Preference for Former Foster Children

Exceptions

Conflict with Federal Law or Grant

Grievance Process

Campus Programs for Minors

  1. The individual submits to the program operator or the campus program for minors has on file documentation that verifies the individual within the preceding two years successfully completed the training and examination program on sexual abuse and child molestation; or
  2. The individual successfully completes the campus program for minors' training and the examination program on sexual abuse and child molestation, which must be approved by the department, during the individual's first five days of employment by the campus program for minors, and the campus program issues and files documentation verifying successful completion.
  1. Submit to the Department of State Health Services (DSHS), on the form and within the time prescribed by DSHS, verification that each employee of the campus program for minors has complied with the training and examination requirements and the fee assessed by DSHS; and
  2. Retain in the operator's records a copy of the required documentation for each employee until the second anniversary of the examination date.
  1. Is operated by or on the campus of an institution of higher education or a private or independent institution of higher education;
  2. Offers recreational, athletic, religious, or educational activities for at least 20 campers who are not enrolled at the institution; and attend or temporarily reside at the camp for all or part of at least four days; and
  3. Is not a day camp or youth camp as defined by Health and Safety Code 141.002 or a facility or program required to be licensed by the Department of Family and Protective Services.

Consumer Credit Reports

Definitions

Obtaining Reports

  1. A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
  2. The consumer has authorized in writing (which authorization may be made on the document referred to in item 1) the procurement of the report by that person.

Exception

Adverse Action

Note: The following provisions apply to a college district that uses consumer reports.

Address Discrepancies

Disposal of Records

  1. Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so the information cannot practicably be read or reconstructed;
  2. Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing a consumer report so that the information cannot practicably be read or reconstructed; or
  3. After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with this rule.

Alvin Community College

DC(LEGAL)-LJC

UPDATE 42

DATE ISSUED: 11/22/2021