Applicants with Criminal Convictions

Cornell is committed to providing a fair chance for all applicants to pursue opportunities at the University. To advance this commitment, Cornell joined the growing number of states, municipalities, and employers to remove the criminal conviction question from initial applications for all positions, with the exception of where state law establishes a conviction as a disqualifier (i.e. law enforcement positions). Only applicants who receive a verbal offer of employment will be asked about any history of criminal convictions.

Guidelines for Managing and Evaluating an Applicant with Criminal Convictions

Data Collection

• Searches that are managed through Workday (including all staff, union, Librarian and temporary positions posted through Workday)
  • The request for, and the collection of, responses to criminal conviction questions will be done on-line using Workday functionality and triggered once an applicant is moved to the verbal offer stage.
• Searches that are managed outside of Workday (temporary positions not posted in Workday)
  • The paper application will not ask any information regarding criminal convictions. At the point a verbal offer is extended, the hiring authority (HR, supervisor, etc.) will present the applicant with the “Post-Offer Request for Conviction Related Information” form.

Management of Conviction Information and Decision Regarding Offer Continuation

After the conviction information has been collected:

• If no conviction is reported the hiring process continues in accordance with University and local college/unit policy and procedures including the completion of a background check as required. See University policy 6.6.2, Reference Checking and Information Verification for more information.
• When a conviction is reported,
  • The local HR, will initiate a background check to verify the information that has been provided. Additionally, Local HR will contact AVP HR to provide all related information including, but not limited to the SPD, background check results, and conviction details.
  • The AVP HR, in collaboration with the local HR and hiring authority, and in consultation with Counsel’s Office and/or Risk Management as appropriate, will review and make a determination on the job relatedness of the conviction(s) and whether the hire process can proceed or if the offer will need to be rescinded.
  • If approved the hiring process continues in accordance with the University and local college/unit policy and procedures.
  • If a decision is made that the offer is to be rescinded, after consultation with AVP HR, the local HR/Hiring Authority will communicate the decision to the applicant.
    • Note: New York State Law states “At the request of any person previously convicted of one or more offenses who has been denied a license or employment, a public or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial”. Prior to responding to such a request, the AVP HR is to be consulted.
  • Factors that will be taken into consideration when deciding whether to deny employment because of an applicant’s criminal history include:
    • information produced by the applicant in regard to their rehabilitation and good conduct
    • the seriousness of the offense
    • the time elapsed since the offense was committed
    • the applicant’s age when the crime was committed
    • the duties and responsibilities necessarily related to the employment
    • the bearing of the offense on the applicant’s fitness or ability to perform one or more such duties and responsibilities
    • policy considerations including the public’s interest in encouraging employment of persons previously convicted of a criminal offense, and the public and private interest in protecting property and the safety and welfare of specific individuals or the general public
    • a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.