Background Check and Criminal Disclosure Policy
Policy: Federal and Washington State laws and accreditation standards for health care facilities or providers generally mandate that criminal background checks be conducted on workforce members (e.g., learners or trainees) entering clinical agencies when they have unsupervised access to vulnerable populations (e.g., children, mentally disabled adults). Clinical training experiences are a required part of the nursing curriculum to comply with Washington state nursing education programs laws and Commission on Collegiate Nursing Education standards and without this training, students cannot complete the nursing degree. Generally, placement in clinical training facilities or sites (“Clinical Training Sites”) agencies require completion of the background check at least annually to evaluate criminal convictions or non-criminal legal determinations (e.g., civil adjudication proceedings) that may disqualify the individual from being placed in a clinical setting (“Disqualifying Event”). This would result in that individual not being able to complete nursing degree requirements regardless of admission to the program. To ensure compliance with the law, accreditation standards and to protect vulnerable patient populations, Clinical Training Sites require the College of Nurse screen and assist them with screening students for Disqualifying Events prior to beginning a clinical learning experience and while assigned to Clinical Training Site. It is the College of Nursing’s policy to ensure compliance with its Clinical Training Site agreements, and protect vulnerable patients in these settings, by requiring all nursing students to complete a disclosure statement and disclose during the year any new legal charges, criminal convictions, or civil adjudication proceedings that may disqualify a student from being assigned or require removal from a Clinical Training Site. The College of Nursing will appropriately communicate with Clinical Training Sites students background check screening results, disclosure statements, or other information they reasonably require so they can be assured a student does not have a Disqualifying Event.
Definitions:
Disqualifying Event includes criminal convictions, civil adjudication proceedings including adverse professional licensing determinations, and legal charges against a College of Nursing student or applicant that disqualifying them from being placed in a Clinical Training Site. This may include a criminal history of “crimes against children or other persons” such as a conviction for offenses such as theft, murder, kidnapping, assault, rape, robbery, arson, burglary, manslaughter, extortion, incest, indecent liberties or exposure, molestation, promoting pornography, vehicular homicide, prostitution, hate crimes, communication with a minor, violation of child abuse restraining order, unlawful imprisonment, or criminal mistreatment. It may also include “civil adjudication proceedings” or a judicial or administrative proceedings that result in certain findings such as domestic violence, abuse, sexual abuse, neglect, abandonment, violations of a professional licensing standards regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult, and any of these crimes that are renamed. It may also include “crimes relating to drugs” such as a conviction of a crime to manufacture, delivery or possession with intent to manufacture or deliver a controlled substance.
Student Disclosure Obligations, Cooperation and Background Expenses:
All nursing students shall accurately, truthfully, and completely disclose all charges, criminal convictions, and civil adjudication proceedings so the College of Nursing and Clinical training Sites can evaluate a student’s background and/or run required background checks to determine if the student has a Disqualifying Event. If a charge, conviction or civil adjudication proceeding arises after the student’s disclosure statement is submitted or background check completed, the student shall promptly (within 24 hours) submit an updated disclosure statement to the Director of Clinical Affairs so the College of Nursing and the Clinical Training Site can determine if this is a Disqualifying Event requiring removal from clinical training experience. Students may not proceed in their Clinical Training Site while the determination of a Disqualifying Event is made. Students should be aware that background checks may uncover convictions that students believe were “expunged,” “vacated,” or otherwise set aside, and these are treated in the same manner as all other background findings. All nursing students are required to fully cooperate and assist the College of Nursing and Clinical Training Sites understand and evaluate their background for placement or continued assignment in a Clinical Training Site.
Failure to accurately, truthfully and completely disclose all charges, criminal convictions, and civil adjudication proceedings, or timely submit updated disclosure statements as stated herein, shall be subject to appropriate corrective action or referrals to the appropriate Program Director for determining if this qualifies as unprofessional conduct or other discipline. This may include withdrawal of an offer of admission to, or decertification from, the College of Nursing program. The College of Nursing reserves the right to make any required or permissible disclosures or reports to the Board of Nursing for non-compliance with this policy or in accordance with nursing professional standards.
The annual background check and any reasonable and necessary subsequent background checks during the academic year shall be at the student’s expense.
Procedure:
National Background Check (RCW 43.43)
- Requirement: A national background check is required upon admission and is included in the initial purchase of the CastleBranch immunization tracker.
- CastleBranch submits and processes the National Background Check. No further action is required by faculty or students.
- The results of the National Background Check are found in the “Documents” tab of CastleBranch.
- The initial Washington State Patrol (WSP) WATCH background check is embedded on page five of the National Background Check. Students and faculty are required to extract the results, starting on page five, and upload the results to the WSP WATCH requirement line in CastleBranch.
Annual Background Check – Annual WSP/ WATCH (RCW 43.43)
- Requirement: WSP WATCH background check is required annually, after the initial national background check. To purchase the annual WATCH background check access the WSP/WATCH website.
- Report: Log in to your WSP account to locate your finalized report. Save to your computer/device.
- Documentation: In CastleBranch, enter the date of the WSP/WATCH background check and submit the result file to CastleBranch in the WSP WATCH-Renewal requirement.
Criminal History Disclosure Form – Annual and as needed
- Requirement: Charge(s), conviction(s), and/or criminal history information, including information regarding certain court and administrative determinations, must be disclosed, and verified before an applicant or student/faculty can be considered for placement at a clinical site. Additionally, students are required to submit an updated criminal disclosure form within 24 hours of any new charge, conviction or civil adjudication proceeding. A conviction/criminal history record does not necessarily disqualify an individual from placement at a clinical site. However, certain criminal convictions and certain court administrative determinations may be a Disqualifying Event thereby prohibiting assignment or continued assignment to a Clinical Training Sites and thus, completion of the program of study.
- Documentation: Read, complete, sign, and date the Criminal History Disclosure Form annually. Upload completed form to CastleBranch.
- If, at any time after completing the annual Criminal History Disclosure Form an event occurs (e.g. arrest with charges), the student must complete a new Criminal History Disclosure form and resubmit it to the Director of Clinical Affairs, within 24 hours. Clinical placement is halted while the next steps occur, and the Clinical Training Site has an opportunity to determine if this is a Disqualifying Event.
- This updated Criminal History Disclosure will result in a for-cause background check to be completed immediately at the expense of the student. At any time that there are findings on the background check, the Clinical Training Site(s) where the student is placed will receive the updated background check result and determine if it is a Disqualifying Event. Loss of placement will interrupt the student’s progression and return to progression will be determined by the program’s progression committee. This could include the student’s inability to complete the nursing program.
- Failure to complete the criminal disclosure form, lying or false statements, and/or material misrepresentations to the College of Nursing regarding a student’s background is considered a serious incident of misconduct and may result in a recommendation for dismissal from the program or other appropriate discipline. All concerns regarding a criminal disclosure submission or timely failure to update and submit a new disclosure form will be investigated by the Program Director and reported to the progression committee for recommendations to the Dean.
If a background check or criminal disclosure report reveals findings, the Program Director and Associate Dean for Academic Affairs will review and meet with the student for counseling on next steps. This may include inquiry to the State Board of Nursing to assess licensing eligibility.
Note: Some Clinical Training Sites may require copies of student background checks to be on file at the clinical site. Copies will be sent to these agencies as per the Student Authorization to Release Information to Clinical Agencies form. RCW 43.43.830 requires the organizations that care for children or developmentally disabled persons must have prospective caregivers disclose whether the applicant has been convicted of certain “crimes against persons.”
| Policy Title: | Background Check and Criminal Disclosure |
| Policy Home: | Academic Affairs, College of Nursing, Spokane |
| Policy Inception Date: | 08/2024 |
| Policy Applicable Party: | All students enrolled in a College of Nursing program |
| Date of Last Change | 08/2024 |
| Responsible Party, Level I: (to create/provide feedback/review) | Academic Affairs |
| Responsible Party, Level II: (to implement) | Academic Affairs |
| Responsible Party, Level III (to implement) | Center for Student Excellence |
| Related Other Policy or Regulation: | RCW 43.43.830 |
