{"data":{"id":"us-ky/krs-164.281","jurisdiction":"us-ky","citation":"KRS 164.281","heading":"Public institution of postsecondary education criminal history background","body":"checks -- Initial hires, contractors, employees, volunteers, visitors --\nDisclosures -- Termination.\n(1) Each public institution of postsecondary education shall require a crimi nal history\nbackground check on all initial hires.\n(a) The background check shall consist of a state criminal history background\ncheck and a national criminal history background check.\n(b) Applications shall authorize the appropriate agency to search polic e records\nfor convictions and make results known to the institution, and the institution\nmay require the applicant to bear the cost of the criminal history background\ncheck.\n(2) Each public institution of postsecondary education may require a criminal hist ory\nbackground check on a contractor, employee of a contractor, volunteer for the\ninstitution or a program of the institution, or visitor, subject to the same terms and\nconditions as in subsection (1) of this section.\n(3) If, upon review of the results of the criminal history background check, a public\ninstitution of postsecondary education finds that the applicant, contractor, employee\nof a contractor, volunteer, or visitor has been convicted of, pled guilty to, or entered\nan Alford plea to a sex crime as specified in KRS 17.500 or a violent offense as\nspecified in KRS 439.3401, the institution may:\n(a) Deny employment or modify the conditions of employment to provide for\nappropriate supervision;\n(b) Deny a contractor or a contractor's employee a permit to enter the institution\nor its grounds, or modify the contract to provide for appropriate supervision;\n(c) Prohibit a person from volunteering or require the person to agree to\nappropriate supervision; or\n(d) Prohibit a person from visiting the institution o r its grounds, or require that\nperson to agree to appropriate supervision.\n(4) Each application or renewal form, provided by the institution to an applicant for\nemployment, shall conspicuously state the following: \"FOR THIS TYPE OF\nEMPLOYMENT, STATE LAW RE QUIRES A STATE AND NATIONAL\nCRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF\nEMPLOYMENT.\"\n(5) If the institution requires a criminal history background check for contractors,\nemployees of contractors, volunteers, or visitors, the institution shall provi de to the\nprospective person or organization the following statement: \"FOR THIS TYPE OF\nCONTRACT OR FOR BEING AN EMPLOYEE OF A CONTRACTOR, A\nVOLUNTEER FOR THE INSTITUTION OR AN INSTITUTIONAL PROGRAM,\nOR A VISITOR OF THE INSTITUTION, THIS INSTITUTION REQUIR ES A\nSTATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK.\"\n(6) If an employee of the public institution of postsecondary education is convicted of,\npleads guilty to, enters an Alford plea to, or is adjudicated guilty of an offense\nspecified in subsection (3) of this section, the employment of that person may, at the\ndiscretion of the institution, be terminated as of the date of the conviction.\n(7) A private college or university located in the Commonwealth may utilize at its\ndiscretion any of the provisions of this section, providing that it does so in a written\ninstitutional document.","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=4229","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:14Z","sha256":"3d96b21d13a5694cff80d243e238a252107b27ad13cd2d7cb9f09a8f718a036f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.2809","next":"us-ky/krs-164.2813"},"notice":"GroundRules: Original legal text. Not legal advice."}