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DNH Without Prior Approval Procedure

Internal Procedure for Designating an Individual, including a Former Employee as a “Do Not Hire Without Prior Approval” (“DNH without Prior Approval”)

Responsible Executive: Vice President and Chief Human Resources Officer

Responsible Office: Associate Vice President, Division of Human Resources

Interim Version Issued: September 25, 2023

Please note that at this time these procedures only apply to non-academic staff. 

1.       Procedure Statement and Requirements

1.1   Procedure Statement

Generally, an employee separated from employment with Cornell University is eligible for re-employment at the University, even if the employment is terminated for poor performance, inability to comply with job requirements such as attendance or because of progressive discipline.  In some circumstances, a former employee’s serious misconduct either on campus or off, is so detrimental to the campus community, that the employee can be placed on the “DNH without Prior Approval” list.  Individuals placed on the “DNH without Prior Approval” list will receive a written communication informing them that any re-employment must be first approved by the Vice President and Chief Human Resource Officer or their designee, typically the Associate Vice President, Division of Human Resources.  An individual on the “DNH without Prior Approval " list may appeal the decision, at the time of placement on the list or at any time afterward, based on changed circumstances.

A college or unit may make the request for the former employee to be placed on the “DNH without Prior Approval” list to the Sr. Director of Staff and Labor Relations for a recommendation to the Associate Vice President, according to the process described below.

The Sr. Director of Staff and Labor Relations, Associate Vice President or designee may in some situations determine that a “DNH without Prior Approval” designation is not warranted, however, some restrictions to re-employment are necessary and should be narrowly tailored to protect the University’s interests, e.g., restrict limitation to certain job families or colleges/ units.

The Sr. Director of Staff and Labor Relations, Associate Vice President or designee may also decide the former employee be subject to a “Contact Talent” notation when they apply for employment at the University, so the potential employing unit has a chance to discuss the circumstances of the employee’s former employment.

In some circumstances, an individual who has not been employed at the University but has engaged in activity either on campus or off may also warrant placement on the “DNH without Prior Approval” list, a narrowly tailored restriction on employment or a “Contact Talent” notation.

1.2 Scope

Any person who may apply for employment at the University may be subjected to these requirements.

2.       Procedure Requirements

2.1   Conduct Sufficient to Warrant Placement on “DNH without Prior Approval” List

  • Generally, a college or unit may request that an employee terminated for “serious misconduct” as defined by University Policy 6.11.3, Discipline, be designated as “DNH without Prior Approval.” 
  • University Policy 6.11.3, Discipline includes the following definitions:
    • Serious Misconduct - Conduct by an employee, while engaged in university business or on university premises, includes, but is not limited to: violation of laws, and/or university policies, procedures, and practices; theft; assault or fighting; insubordination; dishonesty or other unethical conduct; safety violations; harassment; possession/concealment of weapons; possession, use, sale, or purchase of illegal drugs or illegal intoxicants; falsification or improper alteration of records, including time cards/records; and disclosure or misuse of confidential information.
    • Serious misconduct may also result from personal behavior by an employee that has specific job-related or institutional consequences. The connection between such personal behavior and the staff member’s employment will be assessed on a case-by-case basis by appropriate leadership. To that end, the university reserves the right to take appropriate disciplinary action, up to and including termination, if an employee engages in out-of-work or off-premises conduct that is sufficiently egregious and/or sufficiently detrimental to the best interests of the university.
  • Other circumstances may warrant such a designation, such as negotiated exit agreements with employees involving the Office of General Counsel (OGC), on or off campus conduct by an individual who then applies for employment.

2.2 Application by Unit or College to the Sr. Director of Staff and Labor Relations

  • Requests from the college or unit should identify the basis for the request that the individual be placed on the “DNH without Prior Approval” list.
  • The request should contain the following:
    • Identification of the individual’s serious misconduct or other conduct that is detrimental to the University community and warrants placement on the list;
    • An explanation for why placement on the “DNH without Prior Approval” list is the appropriate action to address the individual’s impact on the University community;
    • Supporting documentation, e.g., termination letter, media articles, information about the individual;
    • The Sr. Director of Staff and Labor Relations will consider the request and supporting materials and make a recommendation to the Associate Vice President or designee.
  • The Sr. Director of Staff and Labor Relations may determine that a less restrictive approach will protect the University community and allow the individual employment opportunities, such as:
    • “DNH without Prior Approval” list for certain colleges/ units or job families;
    • Placement on “DNH without Prior Approval” list for a limited period of time;
    • Place a notation of “Contact Talent” on the individual’s file in the event they apply for employment, so the circumstances can be discussed with future University employers.

2.3 Decision by Associate Vice President or Designee

  • If the Associate Vice President or designee determines that placement on the DNH Hire without Prior Approval List is the appropriate method to protect the University community from the individual, the request will be granted.
  • The Associate Vice President or designee may determine that a less restrictive approach will protect the University community and allow the individual employment opportunities, such as:
    • “DNH without Prior Approval” list for certain colleges/ units or job families;
    • Placement on “DNH without Prior Approval” list for a limited period of time;
    • Place a notation of “Contact Talent” on the individual’s file in the event they apply for employment, so the circumstances surrounding their separation can be discussed with future University employers.

2.4 Notification

  • If the request for placement on “DNH without Prior Approval” list is approved:
    • Notice will be sent by the VP and CHRO or their designee to the Former Employee regarding:
      • Their placement on the list
      • The process to appeal the decision.
    • A notice will be sent to the requesting College or Unit confirming approval.
    • A notice will be sent to Talent and HRIS requesting Workday denotation.
  • If the request is not approved but some other limitation is determined to be appropriate and/or the employee’s file will be flagged:
    • Notice to Requesting College or Unit
    • Notice to Talent and HRIS
  • If the request is not approved and no limitations are placed on the former employee
    • Notice to Requesting College or Unit