Criminal Background Check

Eastern Maine Community College is committed to ensuring that students have the ability to benefit from the education received at the College.  Certain affiliates associated with EMCC require that students placed in their facility for clinical/internship/field placement experiences clear a criminal background check prior to placement.  Students whose background check reveals criminal history may be prevented access to the clinical site, and as a result, the student will not have sufficient clinical experience to successfully complete the program.  Additionally, licensing boards for certain professions including the health care occupations may deny the individual the opportunity to sit for an examination if an applicant has a criminal history.

All applicants to Medical Assistant Technology, Medical Radiography, Nursing, Plumbing Technology and Surgical Technology who are offered admission will be required to submit to a national criminal background screening process at their expense within 30 days of acceptance.  To order a background screening, scroll to the bottom of this page.

Applicants who have engaged in any activity or behavior which may be considered abuse, neglect or exploitation of a minor or of an incapacitated or dependent adult, or who has been convicted of any crime involving fraud or dishonesty, or drugs, or for which imprisonment of one year or more has been imposed are urged to seek clarification regarding program completion requirements from the Director of Admissions prior to application submission.

SPECIAL CONDITIONS OF ADMISSION, ENROLLMENT, AND PARTICIPATION

A.  Introduction

The colleges of the MCCS offer education and services to students under a process of modified open admissions.  Typically, this process enables those students who meet the stated academic criteria for program or college admissions to attend and access the full offerings of the college.  In some circumstances, however, a student’s personal experiences may affect a student’s admission, enrollment or participation in a college’s various offerings.  The purpose of this policy is to express the authority of the colleges to handle such circumstances.

B.  Definitions

For the purposes of this policy, the following terms have the following meanings.

“Admission” means entry into a college, off-campus site, program or course;

“Circumstances warranting special conditions” or “special circumstances” mean those acts that raise reasonable concerns for community safety and community order. They typically involve prior personal misconduct that demonstrates a diminished reliability to comply with the reasonable rules and regulations of the college, and/or a greater likelihood of risk of harm to persons or property. Such circumstances often include, but are not limited to, a:

Criminal conviction;

  • Condition of bail, probation, restraining order or other judicial or administrative order;
  • Pending arrest, indictment or other criminal charge;
  • Report or recommendation of law enforcement, probation or parole officer that relates to the risks of harm or disruption that a student may present;
  • Report or recommendation of a mental health professional that relates to the risks of harm or disruption that a student may present; or
  • Civil litigation whose allegations raise like concerns for a college.

A “condition” can include either exclusion, restriction or both.

“Enrollment” includes enrollment in on-campus or online courses;

“Participation” means involvement in any college service or activity including, for example, access to housing, financial aid, athletics or extra-curricular activities, as well as a general freedom of movement around campus.

“Student” includes an applicant for admission, and admitted student, and an enrolled student.

C.  Completed vs. Evolving Matters

This policy applies both to those special circumstances that have been completed and those that are still evolving.  For example, this policy applies to instances when a student has been criminally convicted and to instances when a student is facing criminal charges not yet proven.  While this policy recognizes the presumption of innocence that attaches to the latter, this policy also recognizes, and adopts here the equivalent of, the prudent interim approach of courts in imposing reasonable restrictions on the individual until the process for finding guilt, innocence or other disposition is complete.

D.  Coordination of this Policy with the Student Code of Conduct

When the student’s underlying personal conduct at issue is subject to the jurisdiction of the MCCS Student Code of Conduct (for example, the underlying misconduct at issue occurs on college property or is related to a college event, and is also subject to criminal prosecution), the procedures of the Code and the substantive guidance of this policy shall be used.  When the underlying conduct is not subject to that Code (for example, the underlying misconduct at issue does not occur on college property or in relation to a college event but is still subject to criminal prosecution), the procedures and substantive guidance of this policy shall be used.

E.  Authority to Exclude or Limit

A college may exclude a student or limit a student’s admission, enrollment or participation to the extent that a student’s special circumstance diminishes the student’s:

Likelihood of success in a program which admission is competitive;

  • Ability to be placed in a required internship or clinical experience;
  • Ability to qualify for a professional license after graduation;
  • Ability to qualify for financial aid, especially federal financial aid if there is a drug-related conviction;
  • Compatibility for placement in a college residence hall;
  • Trustworthiness for on-campus employment;
  • Reliability to comply with the reasonable rules and regulations of the college; and
  • Reliability not to present a greater likelihood of risk or harm to persons or property.

F.  Determining Whether to Exclude or Limit a Student

In determining whether to apply any conditions to a student with a special circumstance, a college should:

Identify the specific nature of the student’s special circumstance.  For example, a college should consider the following:

  • Whether the conduct underlying the special circumstance was admitted or proven, or is not yet admitted or proven;
  • When and how recently the conduct was committed or alleged to be commit, and whether the student was a juvenile or adult at the time;
  • Whether the conduct was against a person or property, violent or passive; and intentional, reckless, negligent or grossly negligent;
  • When the harm actually or allegedly caused was minor and temporary or serious and permanent;
  • Whether the student acknowledged the student’s responsibility by plea, or contested by trial and/or appeal;
  • What punishment, if any, was imposed on the student; whether that punishment was satisfactorily completed; whether the student is on bail, probation or parole, and if so, the terms and conditions thereof; and the perceived degree to which the student has been rehabilitated; and
  • Any other factor that is relevant and material.

Provide the student with an opportunity to be heard before making a decision; Consult, as appropriate, with the MCCS General Counsel; Weigh the student’s circumstances against the college’s interest in, for example, those issues addressed in Section E Above and determine the rational relationship between the facts of a particular student’s case and the college’s interests in excluding or limiting the student; and Impose those conditions that by amount, scope and duration are reasonable under the particular circumstances.

TO ORDER A CRIMINAL BACKGROUND SCREENING

EMCC has partnered with American DataBank to conduct national background screenings. If you have been notified that you have been admitted to one of the programs listed above you are required to order a background screening, at your own expense, within 30 days of acceptance. Results will be sent directly to EMCC. The minimum fee is $75. Additional fees may be incurred for multiple names and/or addresses within the past 7 years. Questions and concerns should be directed to the Associate Director of Enrollment Operations at 207-974-4679.

Visit www.emccscreening.com to start your background screening process.