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Duty of Employees to Report Arrests, Charges, and Convictions Procedure - 63.09.16

College Policy Number/Title:

Howard Community College maintains a safe environment for its employees, students, and visitors and preserves the quality of its reputation in the community.  As such, the college has an immediate need to be notified when its employees are the subject of legal actions that may signal a threat to individuals or property or potentially damage the college’s reputation.

Any college employee who is arrested for, charged with, or convicted of a crime noted below must, within 72 hours of the action, report the action to the associate vice president of human resources: crimes involving weapons; crimes involving legal or illegal drugs; crimes involving driving while impaired by drugs or alcohol; crimes involving sexual conduct or lewd behavior; crimes involving money or fiscal matters; crimes involving animal cruelty; hate crimes; or crimes involving threats or harm to another person or property. Under extraordinary and justified circumstances, the report may be made within, but no later than, a week of the action.

The associate vice president of human resources will determine if the conduct, or alleged conduct, related to the arrest, charge, or conviction constitutes a threat to the college or its reputation. If such a threat does not exist, there will be no report to the employee’s supervisor or in the employee’s personnel file to ensure the employee’s privacy. If a threat is perceived by the associate vice president of human resources, the associate vice president will consult with the appropriate vice president or the president, and the supervisor will be informed and appropriate action will be determined.  Actions may include placing the employee on administrative leave until the case’s outcome is complete or, in some cases, imposing disciplinary action if warranted by the facts and circumstances.

If the associate vice president of human resources is arrested for, charged with, or convicted of a crime listed above, then the associate vice president of human resources must report the action to the vice president of administration and finance, who will determine if it constitutes a threat to the college or its reputation and determine the appropriate action.  Should the president be arrested for, charged with, or convicted of a crime listed above, then the president must report the action to the board of trustees, who will determine if it constitutes a threat to the college or its reputation and determine the appropriate action.

Failure of an employee to report an arrest, charge, or conviction as described in this procedure may in itself result in disciplinary action, up to and possibly including termination of employment.   

Effective Date:  03/24/17

President's Office Use:  VPAF

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