HRM-031: Employees Ineligible for Rehire

Employees may be deemed Ineligible for Rehire if their separation from employment was based on or preceded by such conduct including but not limited to serious misconduct or intentional violation of University policy.

The purpose of this policy is only to determine eligibility for rehire. Nothing herein shall be construed to authorize supervisors or UVA Human Resources to modify any prior discipline imposed by the University.

1. Determination Regarding Ineligibility for Rehire:
   The employee’s supervisor (at the time of termination) is responsible for determining whether an employee is Ineligible for Rehire.

   1. Supervisors shall confer with their supervisor as well as the School or Unit’s Human Resources Business Partner and UVA Human Resources to determine whether an employee is Ineligible for Rehire.
   2. UVA Human Resources shall review the supervisor’s determination and review the No Trespass List maintained by the University Police Department when conferring with supervisors about the decision.
   3. Once a determination has been made, the supervisor shall document the decision in the applicable Human Resources Management System (HRMS) and notify the employee of the decision.

2. Criteria Applicable to Process:
   An employee who is dismissed or has separated from the University may be Ineligible for Rehire under the following circumstances.

   1. Termination for cause resulting from misconduct, behavioral, or policy violations (examples include but are not limited to theft, violence or threat of violence, alcohol or drug policy violations, or other misconduct demonstrating unfitness for the job).
   2. Resignation or retirement in lieu of termination for cause, including resignation or retirement during pendency of any actions to terminate employment or during an investigation for misconduct.
   3. The employee has been issued a Trespass Warning by the University Police Department.

3. Post Separation Disqualification Based Upon Misconduct:
   The University may also exclude from future employment former employees whose misconduct is discovered by the University after separation from service. In such case, the University shall provide notice to the former employee of the circumstances leading to such decision.

4. Process:

   1. Supervisors shall disclose to UVA Human Resources all employee termination actions that render the individual Ineligible for Rehire due to serious misconduct, intentional violation of policy, or dismissal resulting from progressive discipline where the employee failed to meet job-related expectations.
   2. UVA Human Resources shall provide Talent Recruitment with the names of those employees who have been determined to be Ineligible for Rehire.
   3. During the designated Ineligible for Rehire Period, the applicant is considered disqualified for any position and therefore shall not be referred to the School or Unit’s Designated Hiring Official.

5. Notification and Administrative Reconsideration:

   1. At the time of separation from University service, an employee designated as Ineligible for Rehire shall be notified in writing by UVA Human Resources.
   2. The employee determined to be Ineligible for Rehire may seek reconsideration of this determination by notifying the Assistant Vice President for Human Resources or designee in writing within ten (10) calendar days after receipt of the notification.
   3. Former employees whose misconduct is discovered by the University after separation from service and designated as Ineligible for Rehire (see Section 3) shall be notified in writing by UVA Human Resources. In such cases, the former employee determined to be Ineligible for Rehire may seek reconsideration of this determination by notifying the Assistant Vice President for Human Resources or designee in writing within ten (10) calendar days after receipt of the notification.
   4. Within thirty (30) calendar days from the date of the employee’s written request for reconsideration, the employee may deliver a written statement to the Assistant Vice President for Human Resources or designee explaining the reasons the employee believes the Ineligible for Rehire determination is not warranted. The written statement shall include all information the employee wishes the University to consider when reconsidering the Ineligible for Rehire determination.
   5. The Assistant Vice President for Human Resources or designee will review the matter and issue a decision on behalf of the University within forty-five (45) calendar days from the date of receipt of the written statement from the employee. The decision shall be final and may uphold, reverse, or modify the proposed determination of Ineligible for Rehire.

6. Responsibilities:
   The employee’s supervisor is responsible for:

   • In consultation with their supervisor, the Human Resources Business Partner and UVA Human Resources, determining whether an employee is Ineligible for Rehire.
   • Documenting the decision in the HRMS.
   • Notifying the employee of the decision to be deemed Ineligible for Rehire.

   UVA Human Resources is responsible for:

   • Conferring with the supervisor and Human Resources Business Partner and reviewing the No Trespass List to determine the designation of Ineligible for Rehire.
   • Providing written notice to individuals who are designated Ineligible for Rehire including its duration at the time of dismissal or separation.
   • Notifying Talent Recruitment of those individuals who have been designated Ineligible for Rehire.
   • Disseminating information regarding this policy by including materials in training courses and seminars, employment guides, and other informational resources.

7. Compliance with Policy:
   Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination in accordance with relevant University policies.

   Questions about this policy should be directed to UVA Human Resources.