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Disclosure of a Felony Charge or Conviction

Faculty, staff, student employees, volunteers and visiting scholars who are charged with or convicted of a felony are required to report it to the university within one week.

This policy (SPG 601.38) is effective February 1, 2019 and pertains to any felony charge or conviction that occurs on or after that date. It applies to individuals on the Ann Arbor, Dearborn and Flint campuses and in Michigan Medicine, but does not currently apply to those covered by the terms of a collective bargaining unit.

Information about a faculty or staff member’s criminal activity helps the university maintain a safe community and prevent putting people at risk of harm.

Those with criminal records are welcome to apply for jobs at U-M. Employees who face criminal charges or convictions can remain part of our university depending upon the nature of the crime and the specific job they hold at the university.

Currently, all university job applicants are required to answer criminal history questions on their applications. This includes convictions for both misdemeanors and felonies. The university also conducts a background check before any candidate may begin employment.

Individuals can make a report using this form.

Once a felony is disclosed, University Human Resources will perform a confidential review. Information will be assessed on a case-by-case basis using similar criteria as the current background screening process. This includes:

the nature and gravity of the offense;
the timeliness and accuracy of the disclosure;
and the relevancy to the role held at the university.

Contact [email protected] with questions

More Information

More information about SPG 601.38: Required Disclosure of Felony Charges and/or Convictions

Frequently Asked Questions

Who does this policy apply to?

All regular and temporary faculty, staff, student employees, volunteers and visiting scholars while employed, appointed, otherwise engaged in university duties, associated with the university or while during a period of approved leave. Currently, this does not apply to bargained-for employees.

What does this policy require?

Any individual identified above who is charged or convicted of a felony that occurs on or after the policy effective date must report that information. The disclosure must be made within one week of knowledge of the charge, within one week of the conviction, and if on an approved leave, within one week of returning to university duties.

Do felony charges or convictions from the past need to be reported?

No, only a felony charge or felony conviction that occurs after the effective date (February 1, 2019) must be reported within one week to University Human Resources.

Why is the university requiring people to report felonies?

The university is committed to maintaining a safe community for faculty and staff, students, patients and visitors. Information about felony charges or convictions helps the university protect its missions of teaching, research and patient care and ensure it does not put people at risk of harm.

How does one make the report?

Disclosures will be made using a secure online form on the University Human Resources website. The individual reporting the felony completes and submits the Self-Disclosure of Felony Charge and/or Conviction form. The form will automatically be forwarded to University Human Resources. Questions can be sent to the Self-Disclosure of Felony Charges and Convictions team.

What information is required on the form?

The following information is required: full legal name; unit; charge or conviction type; charge or conviction date; jurisdiction: county, city and state; descriptoin of charge and/or conviction

How will the university evaluate submissions and whether any action is required?

Situations will be assessed on a case-by-case basis following similar criteria used in the current pre-employment background screening process. This criteria includes: the nature and gravity of the offense, the timeliness and accuracy of the disclosure, and the relevancy of the felony charge/conviction to the role(s) held at the university by the individual reporting.

In some cases, it might be necessary to conduct a background check to determine whether other relevant criminal activity has taken place.

Will I lose my job or my volunteer position when I report a felony charge or conviction?

As with pre-employment screening, a felony charge or conviction does not automatically disqualify an individual from employment at or affiliation with U-M. The information will be evaluated on a case-by-case basis following similar criteria as the current pre-employment background screening process.

Will this information be added to my personnel record?

No, information that is disclosed will not be added to employee’s personnel record.

If a background check is conducted, what will the university do with information obtained?

The information obtained through a background check will be considered only insofar as it is relevant to performance in the position and/or as it relates to the issues of safety and security of people, property, and other university resources.

Will the individual’s supervisor be informed during this process?

Not necessarily. A determination will be made regarding suitability for continued appointment or affiliation with the university, in collaboration with unit leadership as appropriate.

When will the individual know the outcome of the determination?

Once the review is complete, the individual will be notified by human resources.

Are arrests required to be reported?

No, not in order to be in compliance with this policy, SPG 601.38, Required Disclosure of Felony Charge and/or Conviction. But, more expansive self-disclosure to the university of criminal charges/convictions may be required of certain classes of individuals, including: those who are subject to external licensing requirements (e.g., commercial vehicle operators, licensed health care, child care and law enforcement professionals, etc.), and those paid by an external funding source with such requirements, (e.g., those working on federal contracts subject to the disclosure requirements of the alcohol and other drug policy, etc.).

Are misdemeanor charges or convictions required to be reported to the university?

No, not in order to be in compliance with this policy, SPG 601.38, Required Disclosure of Felony Charge and/or Conviction. But, more expansive self-disclosure to the University of criminal charges/convictions may be required of certain classes of individuals, including: those who are subject to external licensing requirements (e.g., commercial vehicle operators, licensed health care, child care and law enforcement professionals, etc.), and those paid by an external funding source with such requirements, (e.g., those working on federal contracts subject to the disclosure requirements of the alcohol and other drug policy, etc.).

Why must charges be reported before there is a conviction?

Knowing about a serious criminal charge allows the university to take timely action in instances where there could be a significant risk of harm in the work place.

For instance, if a staff member who works with minors is being prosecuted for criminal assault of a minor, a disclosure creates the opportunity for timely removal of the individual from that environment.

Similarly, if a staff member who works in a safety-sensitive job is charged with a drug felony, a disclosure would create the opportunity to remove the staff member quickly from the safety-sensitive environment to prevent possible harm to self or others.

Or, if an employee with financial responsibilities in his or her role is charged with a felony involving financial fraud, a timely disclosure creates the opportunity for the university to consider interim measures such as reassignment or initiation of an audit of related financial records.

Being charged with a felony does not necessarily mean dismissal.

A situation-specific review, during which the university will consider the nature and gravity of the offense, the timeliness and accuracy of the disclosure and the relevancy of the charge to the role the employee holds at the university, will help determine the appropriate course of action, if any. Suspension, reassignment of duties or other interim measures are possible at the point of a felony charge disclosure following the review.

Does this policy require university employees to report prior felony charges or convictions?

No, only felony charges or convictions that take place after Feb. 1, 2019, must be reported.

Were any employees required to report criminal charges or conviction before this policy was enacted?

Yes, all job applicants are required to disclose any felony and/or misdemeanor convictions or pending felony charges. More expansive self-disclosure of criminal charges/convictions was sometimes also required of employees in certain roles, including those who are subject to external licensing requirements (e.g., commercial vehicle operators, licensed health care, child care and law enforcement professionals, etc.) and those paid by an external funding source with such requirements, (e.g., those working on federal contracts subject to the disclosure requirements of the alcohol and other drug policy, etc.

Who will be involved in assessing the disclosures? How will the university protect individuals’ privacy?

In order to protect the individual, central human resources will review disclosures. They will conduct a situation-specific review, during which the university will consider the nature and gravity of the offense, the timeliness and accuracy of the disclosure and the relevancy of the charge to the role the employee has at the university, which will help determine the appropriate course of action, if any. This is similar to the process in place when job applicants disclose a conviction or pre-hire background checks show a felony conviction.

Staff Human Resources