Arrest or Convictions Policy
VANDERBILT UNIVERSITY HUMAN RESOURCES POLICIES AND PROCEDURES
SUBJECT: ARRESTS & CONVICTIONS POLICY
EFFECTIVE DATE: JANUARY 31, 2023
POLICY STATEMENT/REASON FOR POLICY
Vanderbilt is committed to providing a safe and secure environment for its students, faculty, staff, and other constituents, and to protecting its funds, property, and other assets.
Employees are required to disclose an arrest or conviction within three business days, so the University can conduct an independent review of continued suitability for employment.
THIS POLICY APPLIES TO
This policy applies to all employees .
POLICY
An employee arrested or convicted of a crime – whether the crime is related or unrelated to the individual’s employment activities with the University – must report the arrest or conviction within three (3) business days of the arrest or conviction to their supervisor or through the University’s Disclosure system.
Disclosing an arrest or conviction does not automatically impact an employee’s eligibility for employment with the University. Continued employment depends on a variety of factors, such as the nature and gravity of, and circumstances surrounding, the arrest or conviction, including the employee’s truthfulness and completeness in disclosing the information in a timely manner. If an employee is convicted of a criminal offense while employed at Vanderbilt, the employee may be terminated and, if terminated may be ineligible for rehire.
Employment may be ended if an employee is unavailable to work for three days or more due to circumstances related to an arrest or conviction.
DEFINITIONS
Conviction includes any unlawful offense, including but not limited to major traffic violations (such as DUI/DWI, reckless or negligent driving, driving with an invalid license, or leaving the scene of an accident); worthless check violations; or any citation for violation of federal, state, or local ordinances or statutes that resulted in a fine, restitution, or incarceration. Guilty verdicts, guilty pleas, prayers for judgment (PJC) and pleas of nolo contendere (no contest) must be disclosed.
Minor Traffic Violations do not need to be reported. Examples of minor violations include expired parking meter citations, failure to wear a seat belt, or speeding violations of no more than 20% above the posted speed limit (e.g., going 48mph in a 40mph zone).
CONSEQUENCES OF NON-COMPLIANCE
An employee who fails to disclose an arrest or conviction in accordance with the procedures below is in violation of this policy. A supervisor who is made aware of an employee arrest or conviction and fails to disclose the information in accordance with the procedures below is in violation of this policy.
Violation of the policy may result in disciplinary action, up to and including termination of employment.
PROCEDURES
Please review the following link.
FREQUENTLY ASKED QUESTIONS
Please review the following link.
ADDITIONAL CONTACTS
|
Subject |
Contact/Position |
Office |
Phone |
|
Policy Questions |
Senior Director, HR Consulting, Employee and Labor Relations |
Human Resources |
(615) 343-4788 |
|
Notification of an Arrest or Conviction |
HR Consultant
|
Human Resources |
(615) 343-4788 / |
|
Conflict of Interest (COI) System |
Director |
Office of Conflict of Interest & Commitment Management |
615-322-8363 |
RELATED POLICIES/DOCUMENTS
COI Policy https://www.vanderbilt.edu/generalcounsel/docs/coifiles/CurrentCOIPolicy.pdf
HISTORY
Issued:
Reviewed:
Comment
Amended:
Comment
Disclaimer: The policies and procedures that guide employment practices are intended to assist in consistent administration and compliance. Vanderbilt reserves the right to modify its policies and practices, in whole or in part, at any time. Revisions to existing policies and procedures, and the development of new policies and procedures, will be made from time to time at the discretion of the University. When new policies are implemented or existing policies are revised, the University will notify members of the University community as soon as practicable. However, where differences occur, the most recent policy as reviewed and approved by the University will take precedence. Policies are not intended to apply to statements or actions protected under Section 7 of the National Labor Relations Act. (NLRA) The policies and procedures do not create a contract, implied or expressed, with at-will employees at Vanderbilt.
KEYWORDS
Conflict of Interest, Summons, Court, Arrests, Convictions, Criminal
Arrests & Convictions Procedures
Disclosure of an arrest or conviction, other than a minor traffic violation, must be made to HR Consulting within 3 business days, and reported through Oracle.
A supervisor who learns of an employee arrest or conviction must notify HR Consulting immediately, to allow for appropriate follow-up.
In accordance with the federal Drug Free Workplace Act, if an employee who is paid in whole or in part on a federal grant or contract is convicted of a criminal drug violation in the workplace, HR Consulting will notify the Vice Provost (Research), and the Vice Provost will notify the funding agency within 10 days.
Under guidance from HR Consulting, the employee may be placed on a paid or unpaid administrative leave while the disclosed arrest or conviction is being reviewed. A review of the disclosed activity will be conducted prior to any employment action being taken. The review will include, but not be limited to, an assessment of the underlying conduct, the nature and gravity of the offense or conduct, and the nature of the position.