4.9 - Criminal Arrests and Convictions Policy

: Human Resources
: President
: 09/20/2018
: 09/20/2018
: 09/20/2019
Comment on Policy

4.9.1 - AUDIENCE

All University employees.


The purpose of this Policy is to establish a mandatory process by which all University employees must report any post-employment arrest or criminal conviction(s) for a serious misdemeanor or felony and to set forth procedures by which any arrest or conviction will be evaluated and acted upon.


Criminal Conviction or Plea: means all criminal convictions and pleas of nolo contendere, Alford pleas, or no contest of any crime that are acknowledgements of criminal responsibility for serious misdemeanor or felonies.

Serious Misdemeanor: means any Class A misdemeanor or driving under the influence in the jurisdiction of arrest or conviction.  See e.g., Ky. Rev. Stat. Ann. § § 532.020, 532.090, 534.040.

4.9.4 - THE POLICY

All employees who have been arrested or convicted of, plead guilty to, entered a plea of nolo contendere or no contest of any serious misdemeanor or felony crime are required to report such serious misdemeanor or felony arrest, conviction or plea to employee’s vice president within 5 days.  Failure to report any such arrest or conviction is a violation of this Policy and may result in disciplinary action up to and including discharge from employment.


Drug and Alcohol-Free Workplace Policy
Background, Reference, and Verification Screens Policy
Sexual Misconduct Policy


Assessment of Charge or Criminal Conviction

In the event of an arrest, conviction, or plea, the University will handle the issue accordingly.  If the arrest or conviction, in the judgment of the employee’s vice president or Provost after consultation with the Director of Human Resources, has an adverse effect on the employee’s work performance or an adverse effect on Thomas More University, the University may take appropriate action, including, but not limited to, dismissal to protect its reputation and the safety of its students and employees.  The area vice president or Provost will utilize the same standards applied in reviewing crimes committed by a candidate for employment but may consider other factors, including the length of employment and performance reviews.  All information pertaining to the crime will then be reviewed confidentially.

Any employee who has an arrest, conviction or plea involving any sexual related crime or violent behavior may not be considered for employment or may be terminated from employment.  Thomas More University, consistent with Diocesan policy, makes every reasonable effort to prevent the occurrence of sexual misconduct by its employees and to provide a safe work environment for its employees.


Ky. Rev. Stat. Ann. § § 189A.010, 532.020, 532.090, 534.040

4.9.8 - HISTORY

This is a new policy, replacing language in the Staff Manual (May 2014).

4.9.9 - APPENDIX

There are no appendices to this Policy.

4.9.10 - APPROVALS

Laura Custer, Director of Human Resources

Dr. Kathleen Jagger, Acting President