Criminal Background Checks - University of Texas at El Paso

12.6.3 Should a criminal background investigation indicate that a current employee may beunsuitable for continued employment, HRS will recommend to the division Vice President, ortheir respective designee, that appropriate action, including termination of employment, betaken. HRS will provide the employee with a copy of the report upon which this advice is based,except as provided by law or DPS policy, and notify the individual of the right to challenge theaccuracy and completeness of the report and to submit additional information relating to thecriminal record and why it should not affect an employment decision.12.6.4 No Automatic DisqualificationThe University does not automatically disqualify all applicants or current employees with acriminal background from employment or continued employment. In the event the investigationreveals a criminal background, the hiring official and/or the divisional Vice President when acurrent employee, must consult with the Office of Human Resource Services in thesecircumstances and determine, on a case by case basis, whether the individual is qualified basedon factors such as:i. specific duties of the position;ii. number of offenses;iii. nature of each offense;iv. length of time intervening between the offense and the employment decision;v. employment history;vi. efforts at rehabilitation; andvii. accuracy of the information that the individual provided on the employmentapplication.The ultimate responsibility of the decision to hire or reject an applicant or continue employmentof a current employee will rest with the hiring official and the divisional Vice President, afterconsulting with the Office of Human Resource Services.12.7 Opportunity to Respond to Adverse Action12.7.1 External Applicants for Employment and VolunteersThe decision of the institution is final and may not be appealed.12.7.2 Current EmployeesIf the individual is a current employee subject to a criminal background check, standardemployee grievance procedures are available to challenge the decision. If the criminalrecord leads to termination, the applicable employee discipline and dischargeprocedures will be used.