If the CBC reveals a criminal conviction or pending charge, what steps will Human Resources take?

Wisconsin’s Fair Employment Act states that employers cannot discriminate against prospective or current employees based on past or pending arrests or convictions. There are exceptions to the requirement if a “pending criminal charge” or “conviction records” is determined to be “substantially” related to the “circumstance of the particular job”. To determine if there is a “substantial” relationship, the circumstance of an offense will be compared to the circumstances of a job. The more similar the circumstances are, the more likely a “substantial” relationship exists.

If the CBC uncovers a pending criminal charge or a criminal conviction, the Chancellor, Provost, Vice Chancellor of Administration and Finance, and the Chair of the affected governance group, as appropriate, will consult with Human Resources, UW System Legal Counsel, and the Affirmative Action Officer, to determine whether the criminal activity is substantially related to the functions of the position.

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