Criminal and Sex Offender Record Information Checks (CORI/SORI)

Criminal Offender Record Information Policy

Criminal Offender Record Information (CORI) checks are conducted on students, employees/ applicants/volunteers (CORI Subject) in employment or programs involving the potential for unsupervised contact with a vulnerable population, including children, the elderly or disabled. The following are practices and procedures followed by the College when administering its CORI process.

CORI checks will be conducted as authorized by the Department of Criminal Justice Information Services (DCJIS) and MGL c. 6, §.172, and only after a CORI Acknowledgement Form has been completed by the CORI Subject https://www.mass.gov/lists/cori-forms-and-information#cori-policy-). An individual may be required to undergo multiple CORI checks depending upon their employment and/or academic program. A signed CORI Acknowledgment Form shall be valid for one (1) year from the date it is signed and may be withdrawn by a CORI Subject upon written notification to the College. A CORI Subject will be notified by their supervisor or through their academic program when a CORI check will be conducted.

All CORI obtained from the DCJIS is confidential, and access to the information shall be limited to those individuals who have a “need to know.” This may include, but not be limited to, hiring managers, program directors assigning clinical placements, members of the College’s CORI Review Committee, and staff submitting and processing the CORI requests. Berkshire Community College shall maintain and keep a current list of each individual authorized to have access to, or view, CORI. This list shall be updated every six (6) months and is subject to inspection upon request by the DCJIS at any time. A central secondary dissemination log shall be used to record any dissemination of CORI outside of the College, including dissemination at the request of the CORI Subject.

An informed review of a criminal record requires training. Accordingly, all personnel authorized to review or access CORI at Berkshire Community College will review, and will be thoroughly familiar with, the educational and relevant training materials regarding CORI laws and regulations made available by the DCJIS and the College.

If a criminal record is received from DCJIS, BCC’s CORI Administrator will compare the record with information provided by the CORI Subject, to confirm that the record relates to the subject. The CORI Administrator may contact DCJIS for additional information. Unless otherwise provided by law, a criminal record will not automatically disqualify someone from employment or participation in a program. Rather, determinations of suitability based on CORI checks will be made consistent with this policy and any applicable law or regulations.

A CORI Subject who has certain criminal convictions or pending criminal actions will be notified, by certified mail, of the need to meet with BCC’s CORI Review Committee. The purpose of this meeting is to provide the subject with notice of the CORI findings, the nature of the Committee’s review and assessment of the CORI information, a copy of the CORI report, and an opportunity to present relevant information and documentation for the Committee’s review and consideration. Depending upon the offense, the CORI Review Committee shall perform a Discretionary and/or Lifetime Presumptive Disqualifying assessment when determining the suitability of a CORI Subject for employment or program participation. Individuals with a criminal record are ineligible for employment or program participation absent clearance by the review committee through the procedure explained in this policy and the College’s CORI Review Protocols.

When meeting with the CORI Review Committee, a CORI Subject shall also be provided a copy of DCJIS’s publications: “Information Concerning the Process in Correcting a Criminal Record” and “Information Concerning the Process on How to Establish Yourself as a Victim of Identity Theft,” should they wish to challenge the accuracy of their report.

After meeting with the CORI Review Committee, the CORI Subject will:

Be notified of any decision in a timely manner;
Be advised that a criminal record may potentially have impact on future licensure/employment;
Be advised of employment or program ineligibility and why (if applicable);
Be notified of the right to appeal the committee’s decision;
The Appeal Officer is CORI certified but does not participate in the CORI review process.
Written notice of an appeal must be submitted within ten (10) working days of the committee’s decision.
The Appeal Officer will consider all records submitted along with the Committee’s decision.
The Appeal Officer’s decision must be issued within ten (10) working days of receiving the appeal.
This decision is final.

Special Note to Students

Fieldwork and/or clinical training is a requirement for graduation for certain programs. In some cases, a field or clinical site will maintain its own CORI process and have access to greater CORI information than the College. In those cases, students will be subject to the site’s process, unless agreed otherwise by the Site and the College, and therefore may be subject to a different eligibility determination. Please consider this when choosing your program of study. Further, a student who is permitted to participate in a College clinical program following a criminal background check should not presume that he/she is eligible for employment and/or professional licensure in any particular health-related field. Under some circumstances, a criminal record will disqualify a student from certain employment and/or obtaining a professional license. It is the sole responsibility of each student to understand the employment or licensure standards required in each profession and to determine whether they are eligible to satisfy those standards.

Special Note for Applicants for Employment

CORI used for employment purposes shall only be accessed for applicants who are otherwise qualified for the position for which they have applied.

All inquiries concerning BCC’s administrative procedures concerning CORI records should be directed to BCC Student Engagement: studentengagement@berkshirecc.edu.

*Berkshire Community College is authorized by the DCJIS, pursuant to Massachusetts General Laws, Chapter 6 §172, to access CORI records. The College shall refer to CORI regulations issued by the Executive Office of Health and Human Services as guidance when assessing CORI records. Sex Offender checks shall be performed pursuant to Massachusetts General Laws, Chapter 6 § 178C-178P. BCC is an affirmative action/equal opportunity institution and does not discriminate on basis of race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, and national origin in its education programs or employment pursuant to Laws, Chapter 151B and 151C, Title VI, Civil Rights Act of 1964; Title IX, Education Amendments of 1972; Section 504, Rehabilitation Act of 1973; Americans with Disabilities Act, and regulations promulgated thereunder.

Updated January, 2020