RID 2.25.2 - Pre-employement Requirements.pdf

RID 2.25.2: PRE-EMPLOYMENT REQUIREMENTS CORI

Guidelines for All Employees

i. General Guidelines

Consideration shall be given to:

a) Relevance of the crime to the position sought;

b) The nature of the work to be performed;

c) Time since the conviction;

d) Age of the candidate at the time of the offense;

e) Seriousness and specific circumstances of the offense;

f) The number of offenses;

g) Whether the candidate has pending charges;

h) Any relevant evidence of rehabilitation or lack thereof;

i) Any other relevant information, including information submitted by the candidate or requested by the Contractor.

ii. Specific Guidelines

1. Felony Convictions

a) Felony convictions shall be assessed on an individual basis employing the General Guidelines and assessing such factors as the number of convictions, type and dates of crime(s) committed, as well as the length of incarceration and the relevance of the crime to the position held or sought.

b) Depending upon an assessment of the CORI report, an individual may be deemed ineligible for employment, promotion, or transfer.

c) In the event that more than ten (10) years has elapsed since the date of the felony conviction, or the end of a period of incarceration resulting there from (whichever is later), an individual may be deemed eligible for employment.

d) However, if in the opinion of the Contractor, the nature of the crime and the candidate’s overall criminal record raises concern for public safety and/or may have a potentially negative impact on the Contractor’s business and/or operating interests, the candidate shall not be considered for employment, promotion or transfer. In the event that the candidate is a current employee of the Contractor, the candidate may be subject to termination of employment.

e) Any determination regarding concern for public safety and/or the potentially negative impact on the Contractor’s business and/or operating interests shall be made by the Contractor.

2. Misdemeanor Convictions

a) Misdemeanor convictions will be assessed on an individual basis employing the General

Guidelines and assessing such factors as the number of convictions, type and dates of crime(s) committed, as well as the length of incarceration and the relevance of the crime to the position held or sought.

b) Applicants or employees will not be questioned about first convictions for the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace.

c) Applicants or employees will not be questioned about a conviction of a misdemeanor that is more than five years old unless there has been a subsequent conviction.

d) Depending upon an assessment of the CORI report, an individual may be deemed ineligible for employment, promotion, or transfer.

e) In the event that more than five (5) years has elapsed since the date of the misdemeanor conviction, or the end of a period of incarceration resulting (whichever is later), the candidate may be considered eligible for employment.

f) However, if in the opinion of the Contractor, the nature of the crime or the candidate’s overall criminal record raises concern for public safety and/or may have a potentially negative impact on Contractor’s business and/or operating interests, the candidate will not be considered for employment, promotion or transfer. In the event that the candidate is a current employee of the

Contractor, the candidate may be subject to termination of employment.

g) Any determination regarding concern for public safety and/or the potentially negative impact on the Contractor’s business and/or operating interests shall be made by the Contractor.

3. Pending Cases

a) If a CORI inquiry results in the discovery of a pending/continued case(s), the Contractor will, by letter sent to the candidate’s address of record, instruct the candidate to obtain and deliver to the Contractor a court certified and numbered docket indicating final disposition(s) of any and all pending/continued cases within ten (10) business days of the date of Contractor’s letter.

In the event that the candidate fails or is unable to provide the court certified final disposition for all matters within ten (10) business days, the candidate will not be considered for employment, promotion or transfer.

b) The Contractor shall not be required to hold open, beyond the above referenced ten (10) day period, any position for any candidate pending the disposition of an outstanding criminal matter(s).

c) In addition to the guidelines set forth herein above, it shall further be the policy of the

Contractor that a compelling presumption shall exist that said applicant is unfit for Contractor employment, if any applicant has been convicted of a crime involving:

o criminal sexual activity o violence constituting a felony o controlled substances o larceny such as theft or embezzlement o driving under the influence of alcohol and/or drugs on more than one occasion