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.

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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.
 

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In Compliance with the Drug-Free Schools and Communities Act (DFSCA) and EDGAR Part 86

In 1989, Congress amended Title XII of the Higher Education Act of 1965. This amendment, the “Drug-Free Schools and Communities Act of 1989,” requires that every educational institution, as a condition of receiving funds or any other form of financial assistance under any federal program, certify its adoption and implement programs designed to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. Fitchburg State University (“University”), in accordance with legal mandates and its commitment to establishing and maintaining a supportive learning and working
environment, has established the following policies for students and employees.

I. Policy Statement
Fitchburg State University is committed to maintaining a workplace that is free from the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances and alcohol. In accordance with the Drug-Free Schools and Communities Act (DFSCA) and the U.S. Department of Education General Administrative Regulations (EDGAR) Part 86, this policy establishes standards of conduct for all employees and outlines applicable legal sanctions, health risks, and available resources. This policy applies to all employees, including faculty, staff, administrators, and temporary employees, while on university property, conducting university business, or participating in university-sponsored activities.

II. Standards of Conduct
The presence, possession and/or consumption of any alcoholic beverages on campus is prohibited anywhere on university property, including the parking lots, except for specifically sponsored university events in designated areas and only by those individuals of legal Massachusetts drinking age. Concurrently, alcoholic beverage containers are not allowed on University property (whether empty or full) outside of designated areas and will be confiscated. 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. Any employee determined to have violated this policy may be subject
to disciplinary action up to and including removal and may include notifying law enforcement.

Employees are prohibited from:

• The unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs on university premises or as part of any university activity.
• The misuse or abuse of prescription medications.
• Reporting to work under the influence of alcohol or drugs in a manner that impairs performance or endangers others.
• The unlawful possession or consumption of alcohol in violation of federal, state, or local law, or university policy.

Employees are also required to abide by the laws governing cannabis on campus which prohibit use, distribution and/or cultivation of marijuana on University property. Although Massachusetts law permits the use of medical marijuana and the possession, use, distribution and cultivation of marijuana in limited amounts, federal law, including the Federal Controlled Substances Act of 1970, the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act of 1989, prohibit the possession, use, distribution and/or cultivation of marijuana at educational institutions. For more information, please see our University Police page.

Further, as marijuana remains classified as an illegal narcotic under federal law, institutions of higher education that receive federal funding are required to maintain policies prohibiting the possession and use of marijuana on their campuses. Accordingly, the possession, use, distribution or cultivation of marijuana, even for medical purposes, is prohibited on all University property or at university sponsored events and activities.

Also prohibited is the operation of a motor vehicle while under the influence of marijuana on university property or at university sponsored events or activities.

This policy also prohibits the possession, use, or distribution of all marijuana accessories and marijuana products. Marijuana accessories shall include, but are not limited to, any device or equipment used for ingesting, inhaling, or otherwise introducing marijuana into the human body. Marijuana products shall include, but are not limited to, products that are composed of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products.

III. Applicable Legal Sanctions
Employees must comply with all applicable federal laws and Massachusetts laws regarding alcohol and controlled substances.

A. Federal Law
Federal law prohibits the manufacture, distribution, and possession of controlled substances.
Penalties may include:

• Imprisonment
• Fines
• Asset forfeiture
• Denial of federal benefits

The severity of penalties depends on the type and quantity of the substance and prior offenses.

B. Massachusetts Law
Under Massachusetts law, penalties for drug and alcohol violations may include:

• Criminal charges for possession, distribution, or trafficking of controlled substances
• Fines and imprisonment
• License suspension (including driver’s license consequences for certain drug/alcohol offenses)
• Civil penalties for underage possession or use of alcohol

Operating a vehicle under the influence (OUI) carries significant legal consequences, including license suspension, fines, and possible incarceration.

The illegal use of drugs and alcohol is a serious crime under local, state and federal laws. Courts do not lift a prison sentence so that a convicted person may attend school or continue a job. A felony conviction for a drug or alcohol offense can also prevent a person from entering many professions or other areas of employment.

State and local ordinances in Massachusetts prohibit public consumption of alcohol and impose fines for violation. Massachusetts laws prohibit the sale or delivery of alcoholic beverages to a person under age 21.

A fine and/or imprisonment may be imposed. Misrepresenting one’s age or falsifying an identification to obtain alcoholic beverages is also punishable by a fine. Fines, revocation of driver’s license, possible prison sentence, and mandatory alcohol rehabilitation may be imposed for a conviction of driving under the influence of alcohol.

Penalties in Massachusetts for illegal use of controlled substances or drugs vary with the type of drug. In general, narcotic, addictive, and drugs with a high potential for abuse have heavier penalties.

Possession of drugs is illegal without valid authorization. Even though penalties for possession are generally not as severe as those for the manufacture and distribution of drugs, possession of a relatively large quantity may be considered distribution. Under both state and federal laws, penalties for possession, manufacture, and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.

It is illegal in Massachusetts to be in a place where heroin is kept and to be “in company” of a person known to possess heroin. The sale and/or possession of “drug paraphernalia” are illegal under Massachusetts law.

A person convicted of drug possession under state of federal law is ineligible for federal student grants and loans up to one year after the first conviction and five years after a second conviction, and permanent loss after a third conviction.

Under federal law, distribution of drugs to a person under the ages of 21, in or within 1000 feet of a college or school, is punishable by twice the normal penalty with a mandatory sentence of one year in prison. A third conviction is punishable by mandatory life imprisonment.

Severe prison sentences are set under federal law for the manufacture and distribution of drugs if death or serious injury results from the use of the substance.

IV. Health Risks Associated with Alcohol and Drug Use

The use of alcohol and illicit drugs poses serious health risks, including but not limited to:

Alcohol:

• Slowed reflexes, impaired judgment and coordination
• Addiction and dependency
• Mood changes
• Liver disease, cardiovascular problems
• Statistics have shown the majority of violent behaviors exhibited by people, including vandalism, acquaintance rape, fights, and driving accidents, have involved alcohol.
• Prolonged alcohol consumption can result in brain damage, heart problems, and liver damage.
• Alcohol use during pregnancy may cause birth defects in the child.
• Increased risk of accidents, injuries, and death

Illicit Drugs:

• Physical and psychological dependence
• Organ damage (brain, liver, kidneys)
• Increased risk of infectious diseases (e.g., HIV, hepatitis)
• Cognitive impairment and mental health disorders
• Marijuana may affect short-term memory, coordination, depth perception, sperm production, and the immune system
• Barbiturates and benzodiazepines are prescribed to relieve anxiety, tension and sleep problems; however when taken in excessive amounts can cause impaired judgment, slurred speech and loss of motor control.
• Tranquilizers are highly addictive, even at lower doses, and in combination with alcohol or other drugs, may cause coma or death.
• Prescription drug misuse can result in overdose, addiction, and death.
• Cocaine/crack, though effects are unpredictable, may cause confusion, hallucinations, destruction of nasal membranes, and when smoked, lesions in the lungs. Addiction to cocaine occurs rapidly. Cocaine withdrawal results in severe depression and fatigue. Convulsions, coma and death are possible with even small amounts.
• Hallucinogens (PCP, LSD, Mescaline/Peyote) cause illusions and hallucinations, poor perception of time and distance, paranoia, anxiety and loss of control. Since the drugs block pain receptors in the brain, violent episodes of self-inflicted injury may result. “Flashbacks” may occur even after use of the drugs has stopped.

V. Counseling, Treatment, and Rehabilitation Programs

The university remains cognizant of its responsibilities to the civil authorities. Operating within this framework:

• Employees who seek information, advice or counseling regarding drugs are urged to contact Personnel Services or the Mass4You Employee Assistance Program. GIC benefit-eligible employees and their immediate family members can access benefits by either calling Optum’s GIC dedicated phone number (1.844.263.1982) or visiting Optum’s website (access code Mass4You). Members with concerns over substance use/abuse issues can also call Optum’s confidential Substance Use Disorder (SUD) Hotline at 1.855.780.5955.
• An employee who ignores opportunities for help and assistance, and who willfully violates university regulations and the law, faces disciplinary action. In addition, employees can access community and State resources.

On-line:

• Alcoholics Anonymous – Daily listing of AA meetings by town
• Narcotics Anonymous – Daily listing of NA meetings by town
• Employee Assistance Program:
• The EAP is - is a free benefit that provides short-term counseling and various referral services to Fitchburg
• State University faculty and staff, and their household members. This service is provided by Mass4You and
• sponsored by the Group Insurance Commission.
• Members with concerns over substance use/abuse issues can call Optum’s confidential Substance Use Disorder (SUD) Hotline at 1.855.780.5955.

Massachusetts Hotlines:

• Massachusetts Substance Abuse Information and Education Helpline – 800.327.5050; TTY: 888.448.9321; Information, referrals, language interpreters always available

Massachusetts Addiction Support Lines:

• Boston: 617.307.4464
• Lynn: 781.780.5658
• Woburn: 781.780.5671
• Health Insurance Providers: Coverage for substance use treatment services
• Community Providers: Licensed treatment and rehabilitation facilities
• Supervisors may refer employees to appropriate services where performance or conduct concerns arise. Appropriate referrals to community service agencies and treatment programs are available through health insurance providers and Mass4You, the Employee Assistance Program for employees who have alcohol and/or drug related problems, and who need help, confidential support services, and counseling.
• The university periodically provides programs and services that stress prevention of drug and alcohol
• abuse through education and outreach activities. All employees have 24-hour access to Vector Solutions, a web-based training platform where they can privately access the following courses: Drug-Free Workplace and Drugs and Alcohol at Work.

VI. Institutional Sanctions

Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. Sanctions may include:

• Verbal or written warning
• Mandatory participation in counseling or rehabilitation programs
• Suspension (with or without pay)
• Termination of employment

Disciplinary action will be consistent with applicable collective bargaining agreements, university policies, and Massachusetts employment law.

VII. Notification of Criminal Drug Conviction

As a condition of employment under federal law, employees must notify the university in writing within five (5) calendar days of any criminal drug statute conviction for a violation occurring in the workplace.
The university will:

• Notify the appropriate federal funding agency within ten (10) calendar days, if applicable
• Take appropriate personnel action within thirty (30) days, which may include disciplinary action or requiring participation in a drug abuse assistance or rehabilitation program

VIII. Policy Distribution

This policy will be distributed annually to all employees and will be included in:

• Employee handbooks
• New employee orientation materials
• University compliance communications

IX. Biennial Review

In compliance with EDGAR Part 86, the University will conduct a biennial review of its alcohol and drug prevention programs to:

1. Determine effectiveness and implement necessary changes
2. Ensure that disciplinary sanctions are consistently enforced

The review will include:

• Analysis of disciplinary data
• Evaluation of prevention and education efforts
• Recommendations for improvement

X. Contacts
For questions regarding this policy or to seek assistance: Office of Human Resources / Personnel Services: humanresources@fitchburgstate.edu or 978.665.3720

XI. Acknowledgment
Employees are responsible for reviewing and complying with this policy. Questions should be directed to Personnel Services.

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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. 

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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.

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