Title: Position Requirements
Effective Date: 06/03/2019
Responsible Official: Vice President of Human Resources and Vice President of Campus Services Administration
Responsible University Office: HR Employment Office and Environmental Health and Safety
Revision History: 01/01/1995; 01/01/2002; 01/01/2008
Related Legislation and University policies: Exposure to Human Bloodborne Pathogens Procedure; Positive Corrective Action (PCA); CWRU Policies and Guidelines for Chemical, Biological, and Radiation Safety (5-15-1991)
Review Period: 5 years
Date of Last Review:
Relates to: executive staff, senior staff, and staff
Due to the university's commitments to excellence, safety, and the welfare of its employees, some employees will be required to comply with employment requirements specific to the position which they will fill. Employees must satisfy these requirements throughout their employment to maintain their eligibility to retain their position. The following information outlines requirements that a successful employee or employment candidate must satisfy for specific positions, as designated.
The Hiring Authority and the Hiring Supervisor can work together to expedite the satisfactory completion of these requirements, but the successful candidate should not report to work without awareness of and assistance in fulfilling these requirements. All information with regard to these requirements will be centralized in the candidate's file or a confidential file as necessary in the office of the Hiring Authority.
Criminal Background Check
The Hiring Authority is responsible for conducting a criminal background check on the preferred internal or external candidate through an independent professional investigation firm before an offer of employment is extended. Backgrounds checks using outside firms shall only be conducted after proper notice to and consent from the candidate. Background checks are to be conducted in a manner that complies with the Fair Credit Reporting Act and similar laws and regulations. Additional criminal background checks may be performed throughout employment. The Hiring Supervisor is responsible for identifying any additional screening or testing that pertains to the particular position for which the candidate is applying. Pursuant to state and federal laws and/or university safety practices, additional testing is required for positions associated with the handling of chemicals, pharmaceuticals, animals, or working with children.
Unless otherwise provided by law, having a criminal conviction does not necessarily preclude employment. The nature of the offense and its relevance to the applicant’s suitability for the particular position, in particular, whether the individual’s employment by the university poses an unacceptable risk, is considered on a case-by-case basis. The university evaluates the candidate’s suitability for the position and makes the final employment determination, carefully considering the potential impact of the conviction on the safety and security of the campus community and the security of university assets.
Factors considered in determining suitability may include, but are not be limited to the following:
- The relevance of the crime(s) to the responsibilities of the position sought
- The length of time since the conviction
- The age of the candidate at the time of the offense
- The seriousness and specific circumstances of the offense
- The number of offenses
- Whether the candidate has pending charges
- Evidence of the candidate’s rehabilitation efforts
- The truthfulness and accuracy of information on the application and other material provided in support of the application.
Situations of concern will be reviewed by the university’s Office of General Counsel. To the extent required by the Fair Credit Reporting Act (FCRA), candidates will be informed, in writing, of adverse information discovered in the Background Check and given an opportunity to respond. Upon conclusion of the review, written notice will be sent to the candidate regarding the decision of eligibility for the position.
If an employee is convicted of a crime while employed, the employee must discuss this with the Hiring Supervisor and Employee Relations. Continued employment is dependent on the nature of the conviction as it relates to the employee’s responsibilities.
Alcohol and Controlled Substances Testing
Pursuant to federal law, the university will conduct testing for alcohol and controlled substances on candidates and current employees for positions requiring a commercial driver’s license (CDL). The university may conduct alcohol and/or controlled substances testing on candidates and current employees whose positions require: (1) driving university owned/leased vehicles; and/or (2) whose positions are considered “safety sensitive”. Alcohol and/or controlled substance tests may be required in the following situations: pre-employment, reasonable suspicion of the use of alcohol and/or illegal drugs, post-accident, post-workplace injuries, and return-to-duty in safety-sensitive jobs following a violation of the Alcohol and Drug-Free Workplace Policy, and random tests.
Candidates applying for positions that require a commercial driver’s license (CDL) may be tested for alcohol and/or illegal controlled substances. Candidates would be asked to submit to testing only after an offer of employment has been made. The offer of employment, however, is conditioned on the candidate testing negative for illegal controlled substances.
Employees in positions requiring a commercial driver’s license (CDL) will be required to submit to testing for alcohol and/or controlled substances. Testing for alcohol and/or controlled substances may be performed at any time throughout employment. Employees who refuse to undergo testing or test positive will be removed from their positions and may be subject to corrective action, up to and including termination.
A certified lab will conduct testing for alcohol and/or controlled substances.
The Hiring Authority is responsible for verifying the candidate's degree information as referenced on the resume or application.
Candidates selected for specific positions including, but not limited to, the list below, will have an employment screening/examination conducted by University Health and Counseling Services at no charge to the candidate. The screening/examination will be requested and take place after the offer of employment. Should the results of the screening/examination indicate a health issue, every reasonable accommodation will be made to work with the new employee given the circumstances.
- Police officer
- Security officer
- Laboratory positions
- Positions requiring respiratory protection
- Positions requiring a Commercial Driver’s License (CDL)
- Maintenance and trade workers
- Positions working with animals
- Positions requiring high physical exertion
- Lifting 50+ pounds
Motor Vehicle Licenses
Motor vehicle license checks will be made through an independent professional investigation firm on candidates applying for positions that entail access to the university’s vehicle fleet and/or otherwise require a valid driver’s license to perform the job. Additional motor vehicle license checks may be performed throughout employment. If the record indicates negligent driving, loss of license, and/or a pattern of repeated violations, this will be treated as an indication of poor judgment or lack of behavioral control and may disqualify a candidate or employee for particular positions.
Employees whose positions require driving personal or university vehicles are required to maintain an unrestricted, valid driver’s license and insurance coverage as long as they are in the position necessitating this requirement. Employees must promptly report any changes in restrictions on their license or in insurance coverage to their supervisor and Employee Relations. Employees whose job duties require them to be covered by university insurance must qualify for university insurance. Any decision by the outside insurance company they will no longer cover an employee whose job duties requires them to drive will be considered an inability to meet the essential functions of the position and result in an involuntary resignation. The employee will remain eligible for rehire.
The Hiring Authority will verify professional or state licenses such as (but not limited to) accounting, architecture, bar, engineering, medical, nursing, or certified technician.
In compliance with U.S. Occupational Safety and Health Administration (OSHA) Regulations, all employees using or potentially exposed to human bloodborne pathogens must receive hepatitis B vaccination or sign a declination statement prior to working with bloodborne pathogens. This vaccination is available through University Health and Counseling Services at no charge to the employee. The Hiring Supervisor is responsible for identifying positions in which this risk is possible and making this risk known to candidates.
Other vaccinations may be required in the event the selected candidate may travel during employment to areas where vaccination is recommended by the federal government.