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Criminal Record Checks

Function

Student Services and Records

PIB

RRSDA Number

2012-001

Department

Student Services

Description, purpose and use of records

Records documenting student applications for Criminal Record Checks. The Criminal Records Review Act (CCRA) requires students to consent to a CRRA Criminal Record Check before enrolling in any secondary education courses with a practicum component that involves working with children or vulnerable adults. SFU is required by law to ensure that every student registered in such a course has undergone a CRRA Criminal Record Check by facilitating and tracking the results of a CRC.

Records may include application forms, e-mail relating to the status of student applications or clearances, scanned identity documents, correspondence (clearance or at risk determination letters) and clearance reports from BC's Ministry of Justice, service indicators and student group assignments in the University's Student Information Management System, break in service reports, student roster reports, and student initiated reports of subsequent criminal charges or convictions.

Retention periods

Records Active Retention
Semi-Active Retention   Total retention Final disposition
CRC records: CY + 5Y Nil CY + 5Y Destruction

Active = Active Retention Period, Keep in Office; Semi-Active = Semi-Active Retention period, transfer to University Records Centre; CY = Current calendar year; CFY = Current fiscal year; CS = Current semester; S/O = Superseded or obsolete; OPR = Office of Primary Responsibility; Non-OPR = All other departments

Authorities

These records are created, used, retained and managed in accordance with the following authorities:

  • University Act (RSBC 1996, c. 468)
  • Criminal Records Review Act (RSBC 1996, c. 86)
  • Criminal Record Checks - Children and Vulnerable Adults: Organization and Applicant Responsibilities (BC Ministry of Justice)
  • Criminal Record Checks - Children and Vulnerable Adults: Apply for a Criminal Record Check, Application Form, Schedule Types and Payment (BC Ministry of Justice)
  • Online Service Agreement - Criminal Record Checks Under the Criminal Records Review Act (Criminal Records Review Program)
  • Freedom of Information and Protection of Privacy Act (RSBC 1996, c. 165)

Retention rationale

The Criminal Records Review Act states that the University may be compelled "to submit records or information if the registrar [meaning a person appointed under the Public Service Act as registrar for the purposes of the CRRA] considers it necessary in determining whether the [University's] duty is being performed." Therefore, the University has an obligation to maintain records as evidence that it is fulfilling its legal obligations. The University may be audited from time to time to determine such. The Ministry of Justice requires SFU to retain all original, signed Consent for Criminal Record Check forms for a minimum of five years starting from the date the University submits a form to the Criminal Records Review Program (CRRP).

Retention and filing guidelines

Records covered by this RRSDA are maintained in multiple locations (e.g. separate campuses, multiple e-mail accounts, vaults, offices, the Student Information Management System, etc.). It is incumbent upon the record-keepers to locate all CRC records stored in these multiple locations and in multiple formats (paper and electronic) and to destroy these records by confidential shredding or deletion in accordance with the total retention period (CY of CRC application + 5 yrs) prescribed by this RRSDA. Destruction should occur concurrently so that this RRSDA is applied consistently to all CRC records.

A Criminal Record Check (CRC) is valid for a total of five years. If, however, a break in service occurs in a student's enrollment at the University then that student is required to reapply for a Criminal Record Check if they subsequently resume their studies and decide to enroll in a course affected by CRRA requirements irrespective of whether five years has expired from the date of their first CRC. The Ministry of Justice allows the University to determine what qualifies as a break in service and SFU has defined it as the passage of three semesters in which a student fails to register. Service indicators and student group assignments in the University's Student Information Management System (SIMS) should be updated accordingly.

Status

RRSDA is in force

Approval Date

14 Aug 2012

Last Revised Date

14 Aug 2012