Weber State University EMPLOYMENT ELIGIBILITY OF CONVICTED FELONS No. 3-5a Rev.
Date 11-9-89


I. POLICY

Weber State University is an Equal Opportunity Employer, and it is the policy of the University to make hiring and other employment decisions solely on the basis of job-related criteria. Individuals who have been convicted of felonious conduct may present an unreasonable risk of harm to persons and/or property of the University. The policy of the University, therefore, is to use reasonable means to determine whether the previous criminal conduct of applicants for employment at the University constitutes an unreasonable risk of harm such that they should not be granted the opportunity to apply for employment.

II. EMPLOYMENT PROCEDURES

A. All applicants for hourly and salaried employment will be requested to disclose the facts and circumstances of any felony convictions at the time of their application.

B. The Office of Human Resources and the Career Services Center, in cooperation with Campus Police and the Equal Opportunity/Affirmative Action Office, shall develop general standards regarding past criminal conduct and eligibility for University employment.

C. An application from an individual who has been criminally convicted of felonious conduct will be eliminated from the applicant pool if it is determined by the Office of Human Resources (salaried employees) or the Career Services Center (hourly employees) that given his/her past criminal conduct employing such an individual creates an unreasonable risk of harm to persons and/or property of the university. If it is determined that employing such an applicant would not pose an unreasonable risk of harm to persons and/or property, then her/his application may be included in the applicant pool upon the written approval of the director of Human Resources.

D. If an individual is determined to be unsuitable for employment because of past felony conviction(s), she/he may appeal that decision to the Equal Opportunity director within two business days of being informed of the decision. The Equal Opportunity director shall consider any particular circumstances which may mitigate the danger of hiring such individual. Guidelines for this determination shall include the seriousness of the applicant's convictions, the number of the applicant's criminal convictions, the length of time since the applicant's most recent conviction and the nature of the position for which the applicant is applying. If the Equal Opportunity director with the written concurrence of the director of Human Resources determines that the particular circumstances do not present an unreasonable risk to persons and/or property then such candidate will be included in the applicant pool.

E. If an applicant discloses that he or she has been convicted of one or more felonies, but the particular circumstances of employment of that applicant do not present an unreasonable risk of harm to persons and/or property, and such candidate is included, therefore, in the applicant pool, then the hiring department shall not be informed of the applicant's previous criminal record. As with all personal data, all reasonable efforts shall be made to respect the privacy rights of applicants.