Section 12.06. Determining whether an offense is substantially related to client care.

  To determine whether a crime or a delinquency adjudication under s. 48.685 (5m) or 50.065 (5m) , Stats., is substantially related to the care of a client, the agency or entity may consider all of the following:

(1)  In relation to the job, any of the following:

(a) The nature and scope of the job's client contact.

(b) The nature and scope of the job's discretionary authority and degree of independence in judgment relating to decisions or actions that affect the care of clients.

(c) The opportunity the job presents for committing similar offenses.

(d) The extent to which acceptable job performance requires the trust and confidence of clients or a client's parent or guardian.

(e) The amount and type of supervision received in the job.

(2)  In relation to the offense, any of the following:

(a) Whether intent is an element of the offense.

(b) Whether the elements or circumstances of the offense are substantially related to the job duties.

(c) Any pattern of offenses.

(d) The extent to which the offense relates to vulnerable clients.

(e) Whether the offense involves violence or a threat of harm.

(f) Whether the offense is of a sexual nature.

(3)  In relation to the person, any of the following:

(a) The number and type of offenses the person committed or for which the person has been convicted.

(b) The length of time between convictions or offenses, and the employment decision.

(c) The person's employment history, including references, if available.

(d) The person's participation in or completion of pertinent programs of a rehabilitative nature.

(e) The person's probation or parole status.

(f) The person's ability to perform or to continue to perform the job consistent with the safe and efficient operation of the program and the confidence of the clients served including, as applicable, their parents or guardians.

(g) The age of the person on the date of conviction or dates of conviction.

History: Cr. Register, August, 2000, No. 536 , eff. 9-1-00; CR 10-091 : am. (intro.) Register December 2010 No. 660 , eff. 1-1-11.

Note

A person refused employment or who has had his or her employment terminated and believes he or she may have been discriminated against, may file a complaint under s. 111.335 , Stats., with the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or telephone [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1