3.44 – Notification of Charges, Arrests, and Convictions

3.44 – Notification of Charges, Arrests, and Convictions

A.    Purpose

To set the expectation that employees must report charges, arrests, and convictions to the college in order to promote safety and security, mitigate potential risks, and to maintain the integrity of the college.

B.    Policy

Employees of the college and/or any individual providing services on behalf of the college, must disclose to the college any charge, arrest, or conviction they receive while employed by the college. Minor infractions do not need to be reported.

C.    Procedures

Reports should be made in writing to the Office of Human Resources concerning the circumstances surrounding the charge, arrest or conviction within five calendar days. An individual disclosing this information must be truthful and accurate.

An employee or other individual performing services on behalf of the college who receives a charge, arrest, or conviction, will not automatically receive disciplinary action by the college. Rather, upon receiving the disclosure, the Office of Human Resources will perform an investigation of the conduct giving rise to the charge, arrest, and/or conviction, and after completing the investigation, the college will determine whether some form of disciplinary action is warranted. As a part of this investigation, the Office of Human Resources may ask the individual making the disclosure to consent to a background check.

An individual who fails to disclose a charge, arrest, and/or conviction in violation of this policy, fails to provide accurate details to the Office of Human Resources, or fails to consent to a background check as a result of a disclosure under this policy, will be subject to disciplinary action up to and including termination of employment.

When determining whether the conduct giving rise to the charge, arrest, or conviction will lead to some form of disciplinary action, the college will evaluate the nature and gravity of the offense or conduct, the time that has passed since the offense, conduct, and/or completion of the sentence, and the nature of the job held by the individual making the disclosure in order to determine whether discipline is necessary. The individual who has a charge, arrest, or conviction will be notified of the decision made by the college as a result of the investigation.

This policy will not be construed or applied in a manner that would violate federal or state law.

Missouri Retirement Required Reporting

In accordance with law, the college will notify the Public School Retirement System (PSRS), the Public Education Employee Retirement System (PEERS) or any other relevant state retirement system when an employee is charged with or convicted of a crime committed in direct connection with or directly related to the employee’s duties as an employee in accordance with PSRS/PEERS reporting requirements.

Notification of Criminal Drug Crime Conviction 

Any employee who is convicted of a criminal drug crime must notify the Office of Human Resources in writing within five (5) calendar days of the conviction.

The college is required to take one of the following actions within thirty (30) days of such notification:

• • • Instituting the appropriate corrective action, up to and including termination.
    • Requiring the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

Federal contracting agencies will be notified where appropriate.

D.    Definitions

Minor infractions are petty offenses that are typically punishable by fines, but not jail time.

E.    Authority

This policy is maintained under the authority of the executive vice chancellor for administrative services.

F.    Related Policies

3.47 Alcohol- and Drug-free Workplace

3.11 Employee Background Checks

3.40 Employee Code of Conduct and Disciplinary Procedures

G.    Implementation

Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the Chancellor’s Cabinet on 4/21/20 and 2/23/21.

Policy approved and adopted by the Board of Trustees on 5/11/20.

Set for review in fiscal year 2026-2027.