3120E - EMPLOYMENT OF PERSON CONVICTED OF A CRIME

A candidate for employment who has been convicted of a crime may be employed only if all of the following conditions exist:

1. The offense was a misdemeanor; (no former felon is ever eligible)
2. The victim was not under eighteen (18) years of age;
3. At least five (5) years have passed since the candidate was fully discharged from imprisonment or probation or had his/her conviction sealed in accordance with R.C. 2953.32;
4. The candidate provides written confirmation from a court or counselor that s/he has been rehabilitated;
5. The candidate's employment will not jeopardize in any way the health, safety, or well-being of fellow staff members, students, the administration, or parents and visitors. 

The following factors are to be considered prior to making an employment decision:

1. age at the time of the misdemeanor
2. age and ability of the victim
3. nature and seriousness of the misdemeanor
4. circumstances under which the misdemeanor was committed
5. the degree to which the candidate participated in the misdemeanor
6. time lapsed since discharge from imprisonment or probation
7. likelihood that circumstances that lead to the misdemeanor will reoccur
8. whether the candidate is a repeat offender
9. the extent to which the position provides an opportunity for commission of a class one misdemeanor or a felony 
10. the candidate's previous employment record
11. the candidate's rehabilitation efforts and the success of those efforts
12. whether any criminal proceedings are pending against the candidate

© Neola 2012