R380-300-7. Current Employee Exclusions

  (1) Convictions or Pending Charges.

  (a) If an employee has been convicted, has pleaded no contest, or is subject to a plea in abeyance or diversion agreement, for deniable offenses outlined within each division's background screening guidelines, the employee may be terminated.

  (b) If an employee has a warrant for arrest or an arrest for any of the identified deniable offenses, the department may terminate employment based on:

  (i) the type of offense;

  (ii) the severity of offense; and

  (iii) potential risk to the department.

  (2) Review of Relevant Information.

  (a) Results of background screening, may be reviewed to determine under what circumstance, if any, the current employee may continue to be employed. The following factors may be considered:

  (i) types and number;

  (ii) passage of time;

  (iii) surrounding circumstances;

  (vi) intervening circumstances; and

  (v) steps taken to correct or improve.

  (3) The Office of Background Processing may deny clearance based on the relevant information identified in subsection 6(1).