All Lehigh faculty and staff are required to undergo background checks in order for the University to remain compliant with Pennsylvania’s Child Protective Services Law (also known as Act 153). Individuals in every office or department of the university are required to recertify these checks every five years.
The background check process consists of three checks:
- Pennsylvania State Police Access to Criminal History (“PATCH” or Act 34 Background Check)
- Pennsylvania Department of Human Services Child Abuse History Clearance (Act 151 Child Abuse Background Check)
- Federal Criminal History Record Information (Act 24 Federal / FBI Criminal History Background Check or “FBI fingerprint check”)
FBI Fingerprint Checks
OFF CAMPUS FINGERPRINTING: FBI Fingerprinting is quick and requires pre-registration online. To find a list of FBI Fingerprinting locations please click here.
ON CAMPUS FINGERPRINTING: University Business Services, in partnership with Human Resources, the Office of the Provost and Student Affairs, is pleased to announce that fingerprinting for background checks is now available at the Parking Services Office. Parking Services now offers fingerprinting on an appointment basis for faculty, staff and students. If fingerprinting is required of you, an email with instructions and payment code will be sent to you. Please select the Parking Services office (using Code SP-LHV in place of a zip code) as your fingerprinting location and follow instructions to schedule an appointment.
Fingerprint Check Waiver Option
Faculty and staff hired prior to January 1, 2015 have the option to waive the fingerprinting portion of this process if they meet all of the following criteria:
- The faculty or staff member does not have “direct contact with minors” as defined in the Protection of Minors Policy; AND
- The faculty or staff member has been a Pennsylvania state resident for the entirety of the past 10-year period, or, has completed a full background check certification (the three checks above, including the FBI fingerprint check) at any time since establishing Pennsylvania residency; AND
- The faculty or staff member swears or affirms in writing that they have not been convicted of any of the 22 criminal offenses that disqualify a person from activities having “direct contact with children” pursuant to Pennsylvania Act 153, nor have they been convicted of any offense similar in nature to the Act 153 disqualifying crimes under the laws of any other state or past laws of Pennsylvania.
You will be asked during the background check process whether you are able to certify your compliance with ALL THREE prerequisites above.
Direct Contact With Minors
“Direct Contact” is defined by the Policy as: “Contact between an adult and one or more minors that:
- Involves the instruction, care, supervision, guidance, or control of a Minor and routine interaction with Minors;
- Involves an overnight stay (with the exception of Lehigh University students hosting high school students, such as prospective student-athletes and those participating in pre-enrollment visits); and
- Occurs in Lehigh Facilities on five or more occasions in any three-month period.”
If you have any questions about whether a class, activity or program you are planning or participating in will involve Direct Contact with Minors, please consult the Office of the General Counsel at inogc@lehigh.edu or 610-758-3572.
Previously Completed Background Checks From New Hires
Lehigh will accept previously completed background checks from new hires under the following circumstances:
- The checks have been completed within the last 5 years
- The FBI Clearance was completed by the Department of Human Services (not the Department of Education)
- The employee can provide the original documents
- The reason indicated on the request is employment (not volunteering)
- The employee signs the Affirmation Statement available at this link
Non-Employee Adults with Direct Contact with Minors
-
Non-Employee Adults in Lehigh Sponsored Programs or Athletic Camps: The Program Director is responsible for obtaining criminal background checks for Program staff and Volunteers who will have Direct Contact with Minors and who are not employed by Lehigh University. The Program Director shall follow the Procedures for Obtaining Criminal Background Checks as provided in Appendix E to the Lehigh University Protection of Minors Policy. The criminal background checks must be dated no more than one year prior to the individual’s first contact with Minors in the Program. The cost for completing criminal background checks for non-employees will be the responsibility of the individual, unless the Program Director specifically authorizes payment to be made from their program budget. For more information, see sections 8.5 through 8.8 of the Protection of Minors Policy for more details.
-
Non-Employee Adults in Third Party Programs shall undergo criminal background checks in accordance with applicable law, and it is the responsibility of the Third Party to ensure that such criminal background checks are completed in a timely manner in accordance with the requirements of their contract with the university and the Protection of Minors Policy. An authorized signatory of the Third Party must complete and sign the Attestation Form set forth on Appendix F of the Protection of Minors Policy and submit the completed Attestation Form to the individual responsible for managing the Third Party contract (the “Contract Manager”) prior to the start of the Program. For more information, see section 8.9 of the Protection of Minors Policy for details.
Sample Clearance Check Documents
For More Information
- If you are a staff member, please contact Human Resources at inemploy@lehigh.edu or 610-758-3900
- If you are a faculty member hired before January 1, 2015, please contact the Office of the General Counsel at inogc@lehigh.edu or 610-758-3572
- If you are a faculty member hired after January 1, 2015, please contact the Office of the Provost at inact153@lehigh.edu or 610-758-3605
Frequently Asked Questions
Pennsylvania’s Act 153 is part of a set of laws passed by the state legislature designed to strengthen protections for children in the Pennsylvania Child Protective Services Law (CPSL).
Generally speaking, Act 153 requires that “School Employees” who have “Direct Contact with Children” (as such terms are defined in Act 153) are subject to certain requirements as a matter of state law, including completing three required criminal background checks:
-
Pennsylvania State Police Access to Criminal History (“PATCH” or Act 34 Background Check)
-
Pennsylvania Department of Human Services Child Abuse History Clearance (Act 151 Child Abuse Background Check)
-
Federal Criminal History Record Information (Act 24 Federal / FBI Criminal History Background Check)
In connection with the enactment of Act 153, Lehigh University adopted a Protection of Minors Policy (as amended or modified from time to time, the “Policy”). The Policy, among other things, establishes the University’s rules and regulations regarding required criminal background checks regarding contact with minors.
Information on the background check process is available on the Human Resources website at
https://hr.lehigh.edu/required-criminal-background-checks.
The University has contracted with a vendor, CBY Systems, to administer the background check
process, and the University will pay for employee’s background checks. Employees intending to comply with the law as it relates to their University employment should not complete the background check process on their own (i.e., with a different vendor or without involvement from appropriate University office). Rather, University employees should work with CBY Systems as well as the appropriate University office: HR (for staff), the Provost’s Office (for faculty members hired on or after January 1, 2015), or the Office of the General Counsel (for faculty members hired before January 1, 2015).
Faculty and Staff: Per, the Policy, which was adopted by the Board of Trustees at its May 2016 meeting, all University faculty and University staff other than wage employees who do not have “Direct Contact with Minors” are required to complete the background check process.
Student Employees: To the extent that University students who are appointed or hired into University employment positions (including Gryphons, Research Assistants, Graduate Assistants, and Teaching Assistants) have Direct Contact with Minors, those students must complete the background check process. Contractors: The University also requires that its vendors and independent contractors that provide services to the University and interact with minors on campus complete the background check process. Please read this Letter to Contractors and follow the instructions.
Yes, if you are a Lehigh faculty member or staff member, you must complete the background check process. However, if you are a wage employee who does not have Direct Contact with Minors, as defined by the Policy, then you are not required to complete the background check process.
University policy and state and federal laws recognize an individual’s right to privacy and prohibit University employees from accessing, using, or disclosing an individual’s personal information except within the scope of their assigned duties or as otherwise required by law.
As was the case prior to the passage of Act 153, background checks completed for classified staff members will be received and reviewed on a confidential basis, and they will be retained in a confidential manner by Human Resources, separate from the staff member’s personnel file.
Background checks for faculty members who were hired before January 1, 2015, will be received and reviewed on a confidential basis, and they will be retained in a confidential manner by the Office of the General Counsel, separate from the faculty member’s personnel file.
Background checks for faculty members hired on or after January 1, 2015, will be received and reviewed on a confidential basis, and they will be retained in a confidential manner by the Provost’s Office, separate from the faculty member’s personnel file.In the event that a background check indicates an arrest or conviction that necessitates action (i.e., action affecting an employment decision), then Human Resources (for classified staff hires) or the Provost’s Office (for faculty hires) shall refer such record to and consult on a confidential basis with the Office of General Counsel.
In some instances, Pennsylvania law requires that being named in a statewide database as the
perpetrator of a founded child abuse report or a conviction for certain offenses prohibits the hiring of an applicant for employment in a position that has Direct Contact with Minors and requires immediate dismissal of an employee from a position that has Direct Contact with Minors. As of the date this FAQ was published, the Pennsylvania Child Protective Services Law provides that hiring into such a position is prohibited and immediate dismissal from such a position is required for convictions for the following offenses (or equivalent offenses under federal law or the law of another state):
-
An offense under one or more of the following provisions of Title 18 of the Pennsylvania Consolidated Statutes:
§ Chapter 25 (relating to criminal homicide)
§ Section 2702 (relating to aggravated assault)
§ Section 2709.1 (relating to stalking)
§ Section 2901 (relating to kidnapping)
§ Section 2902 (relating to unlawful restraint)
§ Section 3121 (relating to rape)
§ Section 3122.1 (relating to statutory sexual assault)
§ Section 3123 (relating to involuntary deviate sexual intercourse)
§ Section 3124.1 (relating to sexual assault)
§ Section 3125 (relating to aggravated indecent assault)
§ Section 3126 (relating to indecent assault)
§ Section 3127 (relating to indecent exposure)
§ Section 4302 (relating to incest)
§ Section 4303 (relating to concealing death of child)
§ Section 4304 (relating to endangering welfare of children)
§ Section 4305 (relating to dealing in infant children)
§ A felony offense under Section 5902(b) (relating to prostitution and related offenses)
§ Section 5903 (c) or (d) (relating to obscene and other sexual materials and performances)
§ Section 6301 (relating to corruption of minors)
§ Section 6312 (relating to sexual abuse of children)
§ The attempt, solicitation or conspiracy to commit any of the offenses set forth above.
-
A felony offense under the Act of April 14, 1972 (P.L. 233, No. 64), known as “The Controlled Substance, Drug, Device and Cosmetic Act” (35 P.S. 780-101 et seq.), as amended, committed within the prior five (5) years.In addition, the University reserves the right to make hiring, employment, discipline, or termination decisions based upon arrests or convictions of other criminal offenses in accordance with procedures and criteria set forth in the Policy.
Background checks must be completed upon hire and every five years thereafter. The University will advise faculty and staff members when they must renew their background checks. Note that if you meet the following requirements you may qualify for the waiver and may not need to redo the fingerprinting portion of the recertification process:
Requirement 1 -. The faculty or staff member has been a Pennsylvania state resident for the entirety of the past 10-year period, or, if they have not been a Pennsylvania state resident for the entirety of the past 10-year period, they have completed a full background check certification (i.e., all three checks listed above, including the FBI fingerprint check) at any time since establishing Pennsylvania residency and can provide such certification to the University;
AND
Requirement 2 - The faculty or staff member swears or affirms in writing that they have not engaged in any of the conduct that disqualifies a person from activities having “direct contact with children” pursuant to Act 153, including being arrested for or convicted of certain criminal offenses or being named in a statewide database as the perpetrator of a founded child abuse report committed in the past five years.
No. Completion of the background check process is mandatory. Successful completion of the background check process is a condition of employment and of continued employment with the University, subject to any applicable waiver.
For new and current employees (other than student employees), the University will cover the cost of checks required by law or University policy. For programs involving students and volunteers, program directors may be asked to cover the costs of background checks for those students and volunteers.
To the extent that University students who are appointed or hired into University employment positions (including Gryphons, Research Assistants, Graduate Assistants, and Teaching Assistants) have Direct Contact with Minors, those students must complete the background check process. Departments without CBY accounts may contact HR and request the necessary background checks.
With the exception of some J-1 visa holders, out-of-state and international hires are treated the same as Pennsylvania residents and must complete the background checks. If completion of the entire background check process by international or out-of-state hires is impossible or impractical (e.g., due to lack of a U.S. address or the unavailability of Identogo fingerprint sites nearby) before the individual arrives on campus, the new faculty or staff hire should begin the online process as directed and may be permitted to complete the portions of the background check process after arriving in the U.S. or on campus for employment at Lehigh.
Yes, if you have previously completed the required background checks, you may submit original results of those checks, provided that the results are no more than five years old and you certify that the results remain accurate by signing an affirmation statement. Note, however, that the FBI Clearance must have been completed by the Department of Human Services (not the Department of Education), and you cannot submit “unofficial” results of the fingerprint clearance. Also note that Pennsylvania does not permit employers to accept Pennsylvania child abuse history certifications and PATCH checks obtained for volunteer purposes; such checks can only be used for other volunteer activities.
Yes, you must complete the background check process. Pennsylvania law and the Policy do not distinguish among instruction delivery methods. As such, even if a faculty or staff member’s Direct Contact with Minors is only via online course instruction, that faculty or staff member must complete the background check process, including the FBI fingerprint check.
If you need any assistance while completing the background check process, please direct any questions to the University’s background agency, CBY Systems, Inc. at 717-843-8685 or by email at info@cby.com. If you have any other questions or concerns, staff members may contact Human Resources at 610-758-3900 or by email at inhro@lehigh.edu, and faculty members may contact the Office of the Provost at 610-758-3605 or by e-mail at inact153@lehigh.edu. Faculty members hired before January 1, 2015, may contact the Office of the General Counsel at 610-758-3572 or by email inogc@lehigh.edu.
For Departments Ordering Background Checks
All background checks should be ordered through your individual account in your CBY interface. You should never share your login information with anyone. If you do not have a CBY account and feel you need one, please contact Human Resources.
Before beginning to order background checks, you should sign the confidentiality agreement.
If the employee is new to Lehigh, you should order the Act 153 - AICUP which includes the DHS FBI Fingerprint, PATCH, and Child Abuse Clearance. If additional checks other than the Act 153 checks are needed (e.g., a DMV check), please reach out to Human Resources to order the check.
The following offices can order background checks for the following populations:
-
Classified Staff, Postdocs/Predocs/Research Staff - Human Resources
-
Faculty and Adjuncts - The Office of the Provost
-
Student Workers and Volunteers - Department/College/Human Resources
After a verbal offer has been made and accepted for services
You will need the person’s name, email address, and location (state). Note for out of state employees you must document their location in the notes section of the order and specify that it is an “out of state” order
The individual who ordered the check should review it when it's complete. If there is any potential adverse information returned, the results should be shared with Human Resources for further review. The results should not be shared with anyone other than the person who ordered the check, the subject of the check, and Human Resources. The results should not be shared with the employee’s manager.
If at any point you order a background check and receive a result that indicates a record of any kind you should contact Human Resources immediately to discuss next steps.
PATCH and Child Abuse Clearance results will remain in your CBY account for seven years from the date of order. If you store paper files the results must be kept in a separate locked file cabinet away from any other employee files and records. FBI fingerprint results are mailed via USPS directly to the employee who in turn is responsible for sharing the original document with you. You may store a copy of these results in the manner described above but the original document must be returned to the employee.
The records should be retained for five years from the order date