Arrested or Convicted of a Crime

Employees:

Employees who are arrested for (including cited or charged), or who are convicted of (including no contest or guilty plea) a crime, as defined below, during employment must inform the Association Services Human Resources Department of the arrest or conviction as soon as possible no later than 48 hours after arrest and/or conviction. Failure to report the arrest and/or conviction will subject the employee to discipline up to and including termination. 

For the purposes of this Policy, a “crime” includes any felony or first-degree misdemeanor (or State equivalent), or any crime (no matter the degree) involving minors, sex offenses, theft, drugs or alcohol, or bodily harm or threat of bodily harm against others. 

A criminal conviction or an arrest does not necessarily preclude continued employment with the YMCA of Greater Dayton. The Association has the sole and absolute discretion to determine whether the conduct underlying an arrest or a conviction will result in employment action to include the decision to terminate employment. Likewise, the dismissal of a criminal offense or arrest does not necessarily preclude the Association from taking employment action. 

The Association may place employees deemed to be in safety sensitive positions (including, but not limited to, supervision of or contact with children) on leave pending the outcome of any investigation upon receipt of information concerning alleged offenses which may endanger children and/or present a special risk of bodily harm to others. The safety and security of members, employees, volunteers and/or visitors is the Association’s foremost consideration in such matters. 

The Association shall consider each circumstance on a case-by-case basis.

Former or returning employees are required to re-complete an employment application and to have a criminal background and reference checks conducted if they have been away from the YMCA of Greater Dayton for 6 months. 

The policy is available on page 14 of the Employee Handbook.

Volunteers

Volunteers who are arrested for (including cited or charged), or who are convicted of (including no contest or guilty plea) a crime, as defined below, must inform the Association Services Human Resources Department of the arrest or conviction as soon as possible no later than 48 hours after arrest and/or conviction. Failure to report the arrest and/or conviction may cause the volunteer to be removed from their position until a full investigation and understanding of the incident is understood. 

For the purposes of this Policy, a “crime” includes any felony or first-degree misdemeanor (or State equivalent), or any crime (no matter the degree) involving minors, sex offenses, theft, drugs or alcohol, or bodily harm or threat of bodily harm against others. 

A criminal conviction or an arrest does not necessarily preclude continued volunteerism with the YMCA of Greater Dayton. The Association has the sole and absolute discretion to determine whether the conduct underlying an arrest, or a conviction will result in action to include the decision to remove or reassign a volunteer. Likewise, the dismissal of a criminal offense or arrest does not necessarily preclude the Association from taking action. 

The Association may place volunteers deemed to be in safety sensitive positions (including, but not limited to, supervision of or contact with children) on leave pending the outcome of any investigation upon receipt of information concerning alleged offenses which may endanger children and/or present a special risk of bodily harm to others. The safety and security of members, employees, volunteers and/or visitors is the Association’s foremost consideration in such matters. 

The Association shall consider each circumstance on a case-by-case basis.

Former or returning volunteers are required to re-complete an application and to have a criminal background and reference checks. Front-line and Sports Volunteers are checked as the seasons rotate or every 6 months whichever is later.

The policy is available on page 8 of the Volunteer Handbook.


Index: S6

What is S6

S6. The organization repeats criminal background checks on all continuously employed employees and high-access volunteers at least once every two years and at time of rehire for returning or seasonal employees and high-access volunteers.




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