Human Resources Policies

This policy is applicable to the criminal history screening for all forms of employment, volunteer work, interns and licensing purposes.  

Fitchburg State University is an agency required by MGL c. 6, §. 171A to maintain a Massachusetts Criminal Offender Record Information (CORI) Policy, here incorporated in this Criminal Background and Sec Offender Record Check Policy.

Where Massachusetts Criminal Offender Record Information (CORI) and other criminal background and sex offender record checks may be part of a general background check for employment, volunteer work, or licensing purposes, the practices and procedures herein will be followed.  

1. Conducting CORI Screening CORI checks are a Massachusetts based record search. CORI checks will only be conducted as authorized by the DCJIS and MGL c. 6, §. 172, and only after a CORI Acknowledgement and Authorization Form has been completed. If a new CORI check is to be made on a subject, a new CORI acknowledgement and authorization form must be completed prior to running the check.
2. Conducting Criminal Background and Sex Offender Record Checks Creative Services, INC is the University’s third-party consumer reporting agency for criminal and sex offender record searches for benefitted employees. Creative Services, INC conducts criminal and sex offender record searches in jurisdictions in which the subject has resided within the past seven years. Fitchburg State University conducts a request for Massachusetts Sexual Offender Registry Information, through the Massachusetts Sex Offender Registry Board for all employees. For subjects reporting international residence with the previous seven years and an international criminal record check will be run based on residential history.  
3. Access to Records All criminal background and sex offender records, including CORI/SORI obtained from the DCJIS and/or Creative Services, INC, are confidential and access to the information is limited to those individuals who have a “need to know.” This may include, but not be limited to, human resources personnel, hiring managers, staff submitting the background check requests, and staff charged with processing job applications.  Fitchburg State University must maintain and keep a current list of each individual authorized to have access to, or view, CORI. This list be must updated every six (6) months and is subject to inspection upon request by the DCJIS at any time. This list is maintained by the Office of Human Resources. 
4. Training  Fitchburg State University is an agency required by MGL c. 6, §. 171A to maintain a Massachusetts Criminal Offender Record Information (CORI) Policy. An informed review of a criminal record requires training. Accordingly, all personnel authorized to review or access CORI at Fitchburg State University will review, and will be thoroughly familiar with, the educational and relevant training materials regarding CORI laws and regulations made available by the DCJIS.  Human Resource staff will offer and/or coordinate necessary training on onboarding criminal background and sex offender record checks through Massachusetts CORI/SORI and Creative Services, INC for all personnel authorized to initiate these checks.
5. Use of Criminal History in Background Screening Criminal background and sex offender records used for employment purposes shall only be accessed for applicants who are otherwise qualified for the position for which they have applied. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on background checks will be made consistent with this policy and any applicable law or regulations.  
6. Verifying a Subject’s Identity If a criminal record is received from the DCJIS or Creative Services, INC, the information is to be closely compared with the information on the CORI/SORI and/or Creative Services, INC Acknowledgement Form and any other identifying information provided by the applicant to ensure the record belongs to the applicant.  If the information in the CORI/SORI and/or Creative Services, INC record provided does not exactly match the identification information provided by the applicant, a determination is to be made by an individual authorized to make such determinations based on a comparison of the CORI/SORI and/or Creative Services, INC record and documents provided by the applicant.  
7. Inquiring About Criminal History In connection with any decision regarding employment, volunteer opportunities, or professional licensing, the subject shall be provided with a copy of the criminal history record, whether obtained from the DCJIS or from any other source, prior to questioning the subject about his or her criminal history. The source(s) of the criminal history record is also to be disclosed to the subject. The reviewer should contact HR for assistance in having the information reviewed by the VP of Human Resources.
8. Determining Suitability If a determination is made, based on the information as provided in section V of this policy, that the criminal record belongs to the subject, and the subject does not dispute the record’s accuracy, then the determination of suitability for the position or license will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following
   • Relevance of the record to the position sought;
   • The nature of the work to be performed;
   • Time since the conviction;  
   • Age of the candidate at the time of the offense;
   • Seriousness and specific circumstances of the offense;
   • The number of offenses;
   • Whether the applicant has pending charges;
   • Any relevant evidence of rehabilitation or lack thereof; and  
   • Any other relevant information, including information submitted by the candidate or requested by the organization
     The applicant is to be notified of the decision and the bases for it in a timely manner.  
9. Adverse Decisions Based on Background Check Findings If an authorized official is inclined to make an adverse decision based on the results of a criminal history background check, the applicant will be notified immediately. The subject shall be provided with a copy of the Fitchburg State University Criminal Background and Sex Offender Record Check Policy and a copy of the criminal history. The source(s) of the criminal history will also be revealed. The subject will then be provided with an opportunity to dispute the accuracy of the CORI record. Subjects shall also be provided a copy of the DCJIS’ Information Concerning the Process for Correcting a Criminal Record.  
10. Secondary Dissemination Logs All CORI obtained from the DCJIS, or other information criminal and sex offender information is confidential and can only be disseminated as authorized by law and regulation. A central secondary dissemination log shall be used to record any dissemination of CORI outside this organization, including dissemination at the request of the subject.  

Any questions regarding this policy should be direct to:

• Executive Director for Personnel Services 978.665.3850
• Vice President Personnel Services 978.665.3338
• Human Resources and Payroll Services 978.665.3172 humanresources@fitchburgstate.edu.

For information on CORI, please visit the DCJIS web site. For information on SORI, please visit the Mass.gov website.

In order to comply with the Drug-Free Workplace Act of 1988, Pub. L. No. 100-690, 5151-5160, applicants for federally funded grants and contracts are required to certify that they have made a  good faith effort to maintain a drug free workplace in accordance with the following policy. 

Massachusetts General Laws, Chapter 94 C, establishes five "classes" of drugs as controlled  substances. These classes include, but are not limited to such substances as heroin, cocaine, LSD, marijuana and opium based drugs. The unlawful manufacture, distribution, dispensation,  possession or use of a controlled substance by Fitchburg State University employees is  prohibited on any premises occupied or controlled by the university. No employee will report to  work while under the influence of illegal drugs. Any employee determined to have violated this  policy may be subject to disciplinary action up to and including removal. 

In order to comply with the federal law, Fitchburg State University requires that an employee  notify the employer of any criminal drug statute conviction for a violation occurring in the  workplace no later than five days after such conviction. Notice shall go to the Human Resources  Department. Fitchburg State University will notify any federal contracting agency within ten (10) days of having received notice that an employee engaged in the performance of such a contract has had any criminal drug statute conviction for a violation occurring in the workplace. Fitchburg  State University will impose an assistance or rehabilitation program by any employee who is so  convicted within thirty days of receiving notice of such conviction. 

Each employee is notified that, as a condition of employment, he/she must abide by the policy  and notify the employer of any criminal drug statute conviction for a violation occurring in the  workplace no later than five (5) days after such convictions. Failure to abide by the policy may  
result in disciplinary action, which may include but is not limited to warnings, suspensions,  participation in a drug assistant rehabilitation program, or termination. 

Fitchburg State University will assist with confidential referrals to substance abuse, assistance or  rehabilitation programs as well as sponsor on-campus educational and training programs in order to ensure that all employees of the college are aware of the issues regarding drug use/abuse in the  workplace. Contact the Human Resources Department for more information. Fitchburg State University shall provide every employee with the information listed above.  

Pursuant to Massachusetts law, specifically “An Act Relative to Domestic Violence” (the “Act”), the university provides up to fifteen (15) days of job-protected leave, each calendar year, to employees who are victims of domestic violence.

Which Employees Are Eligible for Domestic Violence Leave?

An employee who is a victim, or an employee who has a family member who is a victim of “abusive behavior” is eligible for leave. Covered family members include the employee’s spouse, parent, step parent, child, step-child, sibling, grandparent, and grandchild. The Act specifically notes that perpetrators of domestic violence are not entitled to leave.

What is “Domestic Violence” under the Act?

The Act defines “domestic violence” as abuse against an employer or the employee’s family member by:

• a current or former spouse of the employee or the employee’s family member;
• a person with whom the employee or the employee’s family member shares a child in common;
• a person who is cohabitating with or has cohabitated with the employee or the employee’s family member;
• a person who is related by blood or marriage to the employee; or
• a person with whom the employee or employee’s family member has or had a dating or engagement relationship.

What is “Abuse” and “Abusive Behavior” under the Act?

The Act’s definitions of “abuse” and “abusive behavior” are broadly defined. “Abuse” is defined as:

• attempting to cause or causing physical harm;
• placing another in fear of imminent serious physical harm;
• causing another to engage involuntarily in sexual relations by force; threat or duress or engaging or threatening to engage in sexual activity with a dependent child;
• engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror;
• depriving another of medical care, housing, food, or other necessities of life; or • restraining the liberty of another.

“Abusive behavior” is any behavior constituting domestic violence, stalking, sexual assault, or kidnapping under Massachusetts law.

When is Domestic Violence Leave Available?

If an employee has suffered abusive behavior, or has a family member who is the victim of abusive behavior, the employee may take leave from work for purposes related to the abuse, such as:

• obtaining medical attention or counseling;
• obtaining legal help;
• meeting with law enforcement or a district attorney;
• security housing;
• securing an order of protection from a court;
• attending child custody proceedings;
• attending other court proceedings related to the abusive behavior, and
• obtaining other victims' services.

The employee is entitled to up to fifteen (15) days of leave per year.

Is Notice Required?

Yes. Except where there is a threat of imminent danger to the health and safety or safety of the employee or the covered family member, employees must provide “appropriate” notice to their immediate supervisor and/or the Associate Director of Human Resources in advance of their need for leave.

Will Documentation Need to Be Provided to Support a Leave Request?

Yes. Unless there is a threat of imminent danger, the university may also require employees to produce documentation of their need for domestic violence leave. Valid documentation that will support leave under the Act includes:

• a protective order issued by a court;
• a letter from the court or agency addressing the abusive behavior;
• a police report;
• medical documentation of treatment as a result of abusive behavior;
• a sworn statement signed under the pains and penalties of perjury provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or professional who has assisted the employee in addressing the abusive behavior; or
• a sworn statement signed under the penalties of perjury from the employee attesting that he or she had been the victim of abusive behavior, or that a family member has been a victim of abusive behavior.

If an unscheduled absence occurs, the employee must produce valid documentation of the reason for the absence within 30 days of the unauthorized absence. The university may not require the employee to produce evidence of an arrest or conviction.

Are There Confidentiality Requirements?

Yes. All documentation should be provided to the Office of Human Resources and will be kept confidential and will not be disclosed except if requested to or consented, in writing, by the employee, or ordered to be released by a court or otherwise required by applicable state or federal law. Additionally, the Office of Human Resources will only retain this documentation for only as long as it is required to determine the employee’s eligibility for domestic violence leave.

Are Employees Entitled to Pay During Domestic Violence Leave?

Only employees who are entitled to paid vacation time, sick days, or personal days, will be paid for domestic violence leave, and must exhaust this time prior to taking unpaid leave. This policy does not supersede or replace any benefits or privileges that are provided to employees under their respective collective bargaining agreements. And, leave granted pursuant to this policy would run concurrently with any domestic violence leave currently allowed under an employee’s collective bargaining agreement.

Questions Regarding Policy?

Employees who have questions regarding the Domestic Violence Leave Policy may contact the Executive Director for Personnel Services at ext. 3850 or the Human Resources and Payroll Services Office at ext. 3172.

Other Resources

The university recognizes that victims of domestic violence may need access to other types of resources and services in addition to leave. A list of resources can be found on the Fitchburg Anti Violence Education page.
 

DATE: October 6, 2025

As the seasons change, it is once again time to look ahead and plan for unexpected weather problems. Please note the following procedures to be observed when weather conditions may affect the operation of the university. The university will share the cancellation of classes or the closing of the university to the radio/TV stations listed below: 

• WPKZ (1280/AM) Fitchburg 
• WBZ (1030/AM) Boston
• WBZ Storm Center (News 4) WCVB-TV (News 5)
• WHDH-TV (News 7 & 56)
• WBUR Public Radio
• WFXT Fox 25
• NECN TV (New England Cable News) 

We encourage all staff and students to use the university’s RAVE Alert messaging system to be notified by email, phone or text message about any emergencies on campus, including inclement weather delays or closings. 

To sign up for this service, follow these steps: 

1. Visit alert.fitchburgstate.edu 
2. Log in using your University Credentials– email address and password 
3. Follow the instructions to enable text and/or voice alerts to your mobile phone and landline 

When classes are canceled or the university is closed, the following factors apply: 
Administrative, library, student development, recreation center, housing, and classified and professional staff who have been designated as emergency/essential personnel are required to report to work, and in accordance with the appropriate agreement will be granted compensatory time (AFSCME).
Due to the need to clear walkways, parking lots, streets, etc., for the reopening of school employees not designated as emergency/essential personnel should not report to work and will not be eligible for compensatory time. Weekly attendance reports for those employees on self-service time and attendance should record the day/s as WEA.
Employees not expected to be present due to previously authorized vacation, personal or sick leave shall be recorded as such and shall not be entitled to the snow day.
Employees who have been designated as emergency/essential personnel who do not AC 10/06/2025 report as scheduled must notify their supervisor of their absence in accordance with the established procedures of the work area and the CBA. Weekly attendance records must report this absence as other than snow day. 

IMPORTANT: The closing of the McKay Elementary School/Fitchburg Public Schools does not mean the university will be closed. Please listen for a Fitchburg State University Cancellation. 

Delayed University Openings In the event of a delayed opening, the FSU Alert will include the time that offices open and information on classes. For example: If the opening of the university has been delayed 90 minutes, offices will open at 9:30 a.m., classes that start before 9:30 a.m. are canceled. 

Should a storm develop during the day, appropriate cancellations will be announced on all of the radio/TV stations listed above and a message will be sent from the Alert emergency messaging system. 

We strongly urge that employees and students listen to the radio cancellations/announcements. If you must call the university, please use the following telephone number: 978.665.3006. 

Your understanding and cooperation during the winter months is greatly appreciated. 

Since July 1, 1994, Fitchburg State University has been a smoke free institution. Thus, any smoking must be done outdoors at least 25’ from all buildings. The decision to establish a smoke free environment was based on a recommendation from the university governance group.

Given all that is generally known about the disadvantages of direct smoking and second hand smoke as it relates to our general health, and the increasing number of organizations and institutions following a similar pattern, we believe it is in everyone’s best interest to maintain a smoke free campus.

For those members of our university community who have special difficulties in dealing with the absence of smoking, please seek assistance from the Office of Human Resources and Payroll Services or the Health Services Office. Thank you for your cooperation.