Section 1.12 - Provisions for Review of a Candidate in any Discretionary Disqualification Category(1) Every candidate for whom the CORI investigation reveals a "lifetime presumptive disqualification", a "ten year presumptive disqualification," a "five year presumptive disqualification," or a "discretionary disqualification", and who has otherwise met the requirements for further consideration, if any, of 122 CM 1.11, shall receive additional review by the hiring authority to determine if the candidate poses an unacceptable risk of harm to the persons served by the program within the position sought. In reviewing the candidate's appropriateness for employment given the concern for client safety, due weight shall be given to the following factors:(a) Age of the conviction;(b) Age of the candidate at the time of the offense;(c) Seriousness and specific circumstances of the offense;(d) Relationship of the criminal act to the nature of the work to be performed;(e) The number of offenses;(f) Any relevant evidence of rehabilitation or lack thereof;(g) Any other relevant information, including information submitted by the candidate; the hiring authority shall inform the candidate of the opportunity to submit other relevant information.(2) In reviewing the criminal record of a candidate, the Hiring Authority may request that the candidate submit additional information, including a letter from the candidate's probation, parole officer, treating professional or other knowledgeable source, if not already supplied pursuant to 122 CMR 1.11(1), (2) or (3). The Hiring Authority may also seek additional information from the police, courts, or prosecuting attorneys. Following the review, the Hiring Authority shall determine whether:(a) To hire the candidate.(b) To not hire the candidate; or(c) To hire the candidate to either a different position or to the requested position with certain restrictions, including but not limited to close supervision or limited access to client care areas. The Hiring Authority shall require clear and convincing evidence demonstrating the candidate's appropriateness for employment given the concern for client safety. The Hiring Authority shall document, in writing, the reasons for his or her approval of the candidate for the position.
The Hiring Authority shall maintain a written record, including the rationale for the determination of appropriateness for the position for all candidates awarded a position pursuant to 122 CMR 1.00. Nothing herein shall be construed as preventing the hiring authority from deciding not to hire the candidate for any other reason.