05.30 AP2 E1 Notice of Preliminary Hiring Decision Based on Conviction Record
Use this letter when the District must notify an applicant that it made a preliminary determination that the applicant is disqualified from employment based on a conviction record. 775 ILCS 5/103.1(C).
On District Letterhead
Re: Your Employment Application – Preliminary Decision Notice
Dear [insert name of applicant]:
The District has reviewed the results of your complete criminal history records check conducted pursuant to 105 ILCS 5/10-21.9 in connection with your application for the position of [insert job title]. A copy of those results is enclosed with this letter.
After review, the District is not considering you further for employment in the District based at least in part on [insert date and description of disqualifying offense relied upon].
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, Investigations, 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 finds 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 finds a substantial relationship between your conviction record(s) 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.
Pursuant to the Illinois Human Rights Act, you have the right to respond to this Decision, after which time the District will make a final determination. Your response may include, but need not be limited to, evidence challenging the accuracy of the conviction record that the District relied upon to disqualify you [and/or evidence in mitigation, such as rehabilitation efforts]. You have until [insert date at least seven working days from the date of the letter] to respond to this letter. Please send your response to: [insert contact information]
Sincerely,
[insert title, such as Superintendent or Director of Human Resources]
Enclosure: results of complete criminal history records check
UPDATED: December 2, 2021