05.30 AP2 E2 Notice of Final Hiring Decision Based on Conviction Record
Use this letter when the District must notify an applicant that it made a final determination that the applicant is disqualified based on a conviction record. 775 ILCS 5/103.1(C).
On District Letterhead
Re: Your Employment Application – Final Decision Notice
Dear [insert name of applicant]:
I am writing to inform you that the District has made the final decision not to consider you further for employment. This decision is based in whole or in part on the information in your conviction record that was enclosed with the preliminary decision letter that I sent to you on [insert date], as well as any information submitted by you in response to my letter.
Use the following paragraph if the disqualification is based on conviction of a prohibited offense included in 105 ILCS 5/21B-80 (see 5:30-AP2, Investigation at p. 7-8 for a listing of prohibited offenses):
105 ILCS 5/10-21.9 prohibits the District from employing anyone convicted of [insert disqualifying offense], and therefore, the District is prohibited by law from offering you employment.
Use the applicable paragraph(s) below if the disqualification is not based on a prohibited offense included in 105 ILCS 5/21B-80:
Given the [include a description of all factors that apply: length of time since the conviction, the number of convictions that appear on the conviction record, the nature and severity of the conviction and its relationship to the safety and security of others, the facts and circumstances surrounding the conviction, the age of the employee at the time of the conviction, and the evidence of rehabilitation efforts], the District has determined that employing you would involve an unreasonable risk to the property or to the safety or welfare of others.
Given the [include a description of all factors that apply: length of time since the conviction, the number of convictions that appear on the conviction record, the nature and severity of the conviction and its relationship to the safety and security of others, the facts and circumstances surrounding the conviction, the age of the employee at the time of the conviction, and the evidence of rehabilitation efforts], the District has determined that there is a substantial relationship between your conviction record and the employment position for which you have applied, and that your hiring would provide an opportunity for you to engage in the same or a similar offense.
[Insert the existing procedure, if any, that the District will use for the applicant to challenge the decision or request reconsideration]
Finally, please note that you have the right to file a charge with the Illinois Department of Human Rights.
Sincerely,
[insert title, such as Superintendent or Director of Human Resources]
UPDATED: December 2, 2021