KRS 164.281: Public institution of postsecondary education criminal history background

checks -- Initial hires, contractors, employees, volunteers, visitors --

Disclosures -- Termination.

(1) Each public institution of postsecondary education shall require a crimi nal history

background check on all initial hires.

(a) The background check shall consist of a state criminal history background

check and a national criminal history background check.

(b) Applications shall authorize the appropriate agency to search polic e records

for convictions and make results known to the institution, and the institution

may require the applicant to bear the cost of the criminal history background

check.

(2) Each public institution of postsecondary education may require a criminal hist ory

background check on a contractor, employee of a contractor, volunteer for the

institution or a program of the institution, or visitor, subject to the same terms and

conditions as in subsection (1) of this section.

(3) If, upon review of the results of the criminal history background check, a public

institution of postsecondary education finds that the applicant, contractor, employee

of a contractor, volunteer, or visitor has been convicted of, pled guilty to, or entered

an Alford plea to a sex crime as specified in KRS 17.500 or a violent offense as

specified in KRS 439.3401, the institution may:

(a) Deny employment or modify the conditions of employment to provide for

appropriate supervision;

(b) Deny a contractor or a contractor's employee a permit to enter the institution

or its grounds, or modify the contract to provide for appropriate supervision;

(c) Prohibit a person from volunteering or require the person to agree to

appropriate supervision; or

(d) Prohibit a person from visiting the institution o r its grounds, or require that

person to agree to appropriate supervision.

(4) Each application or renewal form, provided by the institution to an applicant for

employment, shall conspicuously state the following: "FOR THIS TYPE OF

EMPLOYMENT, STATE LAW RE QUIRES A STATE AND NATIONAL

CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF

EMPLOYMENT."

(5) If the institution requires a criminal history background check for contractors,

employees of contractors, volunteers, or visitors, the institution shall provi de to the

prospective person or organization the following statement: "FOR THIS TYPE OF

CONTRACT OR FOR BEING AN EMPLOYEE OF A CONTRACTOR, A

VOLUNTEER FOR THE INSTITUTION OR AN INSTITUTIONAL PROGRAM,

OR A VISITOR OF THE INSTITUTION, THIS INSTITUTION REQUIR ES A

STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK."

(6) If an employee of the public institution of postsecondary education is convicted of,

pleads guilty to, enters an Alford plea to, or is adjudicated guilty of an offense

specified in subsection (3) of this section, the employment of that person may, at the

discretion of the institution, be terminated as of the date of the conviction.

(7) A private college or university located in the Commonwealth may utilize at its

discretion any of the provisions of this section, providing that it does so in a written

institutional document.