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Criminal Reference Check Procedure

  • Related Documents:  Criminal Reference Check Policy
  • Owner:  Provost and Vice-President, Academic; Human Resources
  • Approval Dates:  February 2004, August 2007

I.    Procedure

This procedure conforms to the requirements of the Toronto Police Service. Where the procedures of the police centre that has jurisdiction over the area in which an individual resides conflict with the procedures of the Toronto Police Service, the procedures of the relevant police centre shall apply.  It is a requirement of the procedure established by the Toronto Police Service that up to three employees be designated as contact persons, to ensure consistent and accurate exchange of information and documentation. The contacts at Toronto Metropolitan University (the "University") are:

a.    Dean, Faculty of Community Services (for student placement checks);

b.    Executive Director, Human Resources (for all other checks);

c.    Manager, Human Resources Consulting and Client Services (for all other checks)

1.   The Human Resources consultant responsible for the department engaging the volunteer or candidate in a position that is subject to the criminal reference check will:

a.   provide the individual with a Consent to Disclosure of Personal Information form;

b.   inform him/her of the criminal reference check process, including the type of information that will be disclosed (see definition);

c.   inform him/her that the presence of a criminal record does not automatically disqualify him/her from the position; and,

d.   request two pieces of identification to verify the identity of the individual, including one piece of photo identification.

2.   Individuals requiring a criminal reference check are responsible for personally meeting this obligation prior to commencing employment or placement.  If the individual is not a resident of Toronto, he/she will be informed that he/she will have to follow the procedures established by the police centre that has jurisdiction in his/her area. This may include personally attending the police centre, signing any required forms and disclosing the results of the criminal reference check to the University.

3.   Any individual being considered for a position for which there is a criminal reference check requirement and who refuses to comply with the requirement will be deemed to have withdrawn from the volunteer/employment competition and is no longer eligible for the position.

4.   If the criminal reference check does not disclose any prior criminal record or summary information, the Toronto Police Service will send a copy of the original consent form, stamped "No Information On File," in the upper right corner. Upon receipt of the stamped form, the University may confirm the individual in the position.

5.    If the criminal reference check reveals a record of offense or summary information, the Toronto Police Service will send a letter to the individual advising him/her:

a.    of the information that has been gathered through the criminal reference check procedure;

b.    that a letter has been sent to the University indicating that information has been sent to the individual and to contact the individual for further details;

c.    to contact the police department to arrange for a meeting to review the information revealed in the search.

6.    Upon receipt of the letter, the manager, Human Resources Consulting and Client Services will contact the individual to discuss the situation. He/she will have the option of providing the written validation from the police centre outlining the nature of the police record to the Manager. Failure to disclose the information will, however, mean that he/she is no longer eligible for the position and that the proposed offer of employment or assignment will be terminated.  In addition to providing the written validation, the individual will have the opportunity to make submission to the manager, which will be reviewed with the Executive Director. 

7.    The manager, Human Resources Consulting and Client Services and the Executive Director, Human Resources will review the information obtained from the individual and determine the relevance of the information to the position requirements.  A decision on the employment/assignment will be made in two (2) weeks.

8.    Reimbursement for employment or volunteer related criminal reference checks will be made to the individual upon submission of a receipt of payment from the Toronto Police Service to Human Resources.

II.    Jurisdiction

This procedure falls under the jurisdiction of the Vice President, Administration and Finance.  The application and interpretation of the procedure, and its associated policy, is the responsibility of Human Resources with respect to employment and volunteer situations.   Student criminal reference checks fall under the jurisdiction of the Provost and Vice President Academic.