Arrest or Conviction Policy

Policy Statement

Any employee who is arrested or receives a citation of arrest for a misdemeanor or felony must notify his or her supervisor of such arrest no later than seven calendar days after the arrest. If an employee is convicted of a misdemeanor or felony while employed at Duke, he or she must inform a supervisor of such conviction (including pleas of guilty and nolo contendre) no later than seven calendar days after the conviction.

Policy Details

Corrective Action

The arrest of an employee - whether on or off campus - may result in corrective action. Corrective action depends upon a review of all factors involved - including whether or not the employee's action was work-related, the nature and severity of the act, or any resultant circumstances that adversely affect the employee's attendance. Such corrective actions may include termination. Any corrective action taken must be in consultation with an entity or department HR representative and the director of Staff and Labor Relations.

If an employee is convicted of a criminal offense while employed at Duke, he or she may be terminated and, if terminated, may be ineligible for rehire. The ultimate disposition of the issue will depend upon the nature of the offense and the employee's work duties. Any corrective action taken must be supported by available information coming from witnesses, police, or court records. All actions taken under this policy should be in consultation with the entity or departmental Human Resources representative and the Director of Staff and Labor Relations.

Notification of Supervisor

Any employee who is arrested or receives a citation of arrest for a misdemeanor or felony shall notify his or her supervisor of such arrest no later than seven calendar days after the arrest. Any employee on a leave of absence (where there is a job guarantee) must report any arrest or citation of arrest (for a misdemeanor or felony) and any subsequent disposition(s) - including conviction(s) - to his/her supervisor prior to returning to work. In the case of a leave in which there is no job guarantee, the staff member must inform the hiring supervisor prior to accepting the hiring offer.

If an employee is convicted of a misdemeanor or felony while employed at Duke, he or she must inform a supervisor of such conviction (including pleas of guilty and nolo contendre) no later than seven calendar days after the conviction. Failure to inform the supervisor within the designated time period subjects the employee to corrective actions up to and including termination.

An employee's failure to report an arrest, a citation of arrest, or a conviction (for a misdemeanor or felony) within the specified time period may result in immediate termination.

Policy Number: 04.15