15-1649. Fingerprinting academic and
nonacademic personnel; civil immunity; definitions
A. The finalist for a security or safety-sensitive position at a university that is
under the jurisdiction of the Arizona board of regents shall be fingerprinted as a
condition of employment. The finalist shall submit a full set of fingerprints to the
university for the purpose of obtaining a state and federal criminal records check
pursuant to section 41-1750 and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation.
B. A university may use information obtained pursuant to this section only for the
purpose of evaluating the finalists for employment in security or safety-sensitive
positions. A university may provide information received pursuant to this section to any
other university that is evaluating the finalist for employment if the university is
under the jurisdiction of the Arizona board of regents. A university may refuse to hire,
may rescind an offer of employment to or may review and terminate the employment of a
finalist or employee who has been convicted of or who has admitted committing any
criminal offense. A university that is considering terminating an employee pursuant to
this subsection shall provide due process to the employee in accordance with policies
adopted by the Arizona board of regents and the university before taking disciplinary
action.
C. A university that relies on information obtained pursuant to this section in
making employment decisions is immune from civil liability for use of the information
unless the information obtained is false and the university knows the information is
false or acts with reckless disregard of the information's truth or falsity.
D. A security or safety-sensitive position shall be identified as a security or
safety-sensitive position in the job description and in any advertisements for the
position.
E. For the purposes of this section:
1. "Finalist" means any person in the group of individuals actually submitted to
the hiring official for selection as a new hire or any employee of a university who seeks
a transfer, a reclassification or a reassignment to a security or safety-sensitive
position.
2. "Security or safety-sensitive position" means any position designated as a
security or safety-sensitive position by a university due to applicable federal or state
law or pursuant to rules or policies adopted by the Arizona board of regents or the
university.
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