College refusing admission, hospital internship.

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crunchman

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I recently went back to school and applied for Surgical Technology program.I have had a few DUI convictions (3) one of which was a felony.I completed my probation requirements and had the conviction "set-aside" in 2012 via ARS 13-907.The director of the program contacted me today stating that he would not be able to accept my application saying the human resources dept at our local hospital would refuse to allow my participation in the clinical rotations (operating room) based on my "record".In reading the language of the 13-907 statute I wonder if they can do this legally.I will follow up with the H.R. dept myself (my wife has been employed there the past 15 years).The section of the 13-907 that I believe is applicable is as follows


E. A person shall not be disqualified from employment by this state or any of its agencies or
political subdivisions, nor shall a person whose civil rights have been restored be disqualified to
engage in any occupation for which a license, permit or certificate is required to be issued by this
state solely because of a prior conviction for a felony or misdemeanor within or without this
state. A person may be denied employment by this state or any of its agencies or political
subdivisions or a person who has had his civil rights restored may be denied a license, permit or
certificate to engage in an occupation by reason of the prior conviction of a felony or
misdemeanor if the offense has a reasonable relationship to the functions of the employment or
occupation for which the license, permit or certificate is sought.

Any insight into this situation is greatly appreciated. Thank you.
 
Your DUI history does make you a liability to the hospital, especially if you have had a few of them in the last few years.
Someone who abuses alcohol and exhibits the kind of decision making that you have does not belong in a hospital where such behavior can effect others.
You will have difficulty obtaining employment in the medical field with your dui's.
 
crunchman said:
A person may be denied employment by this state or any of its agencies or political
subdivisions or a person who has had his civil rights restored may be denied a license, permit or
certificate to engage in an occupation by reason of the prior conviction of a felony or
misdemeanor if the offense has a reasonable relationship to the functions of the employment or
occupation for which the license, permit or certificate is sought.
Click to expand...

This would apply in your case since you are applying for a job in the medical field (surgery technology program).
 
I do not see where a DUI has a "reasonable relationship to the functions of the employment or occupation" , I am not applying for a driver position.If you were convicted of embezzelment, a notary would have such a reasonable relationship.
 
You had 3 DUI convictions. I don't believe they want someone with that history working in a hospital. (Someone who abuses/abused alcohol & will be making decisions where other people are involved)

I don't see how you can make them accept your application if they have concerns.
 
Crunch man, you make a sound argument. But, reading the portion of the statute you have cited seems to be addressing EMPLOYMENT. A clinical internship related to obtaining an occupational license isn't employment, per se. You can research what is employment versus a practical or clinal art of an approved educational program.


You might also wish to investigate if the state licensing authority could even issue you a license based upon your prior felony conviction.

I wish you success in your future endeavors. Sadly, I see people who have stumbled, such as yourself having a hard time trying to rehabilitate themselves even after they've paid their debts to society.
 
Perhaps, crunchman, you'd like to show me the statute that says they are required to accept you.
 
cbg said:
Perhaps, crunchman, you'd like to show me the statute that says they are required to accept you.
Click to expand...

cbg, I would love to see such a statute.BTW, there is no license involved with being a surgical technician in any state.Their is neither any direct patient contact

Their is no bar to any state license when the felony conviction has been "set aside", thats the whole purpose of the legislation ! The A.R.S. 13-907 is a law that seems to be

in line with the hospitals "mission statement" on their employment web page.

Employment Information

Equal Employment Opportunity
HRMC is committed to a policy of providing equal employment opportunities for all applicants and employees, and will comply with all applicable laws prohibiting discrimination against any applicant or employee for employment because of color, race, gender, age, religion, national origin, disability or any other basis protected by applicable federal, state or local law.

In compliance with the provisions of all applicable state and federal civil rights laws, every effort will be made to employ the most qualified individuals without regard to the above factors and to provide reasonable accommodation to any handicaps or disabilities of qualified individuals. Additionally, it is our policy to provide promotion and advancement opportunities in a non-discriminatory fashion.

We are committed to a work setting that treats all employees with fairness, dignity, and respect and affords them an opportunity to grow, to develop professionally, and to work in a team environment that values the diverse background of each employee.

Persons believing they have been discriminated against, or who witness what they believe is unlawful discrimination against another.

When the clinical rotations begin in 2015, there would be 1 DUI in the last 10 yrs.I will be in the process of preparing a letter to their human resources dept. stating my case and requesting they allow me to continue with my education in the spirit of the 13-907 statute amongst other things.The list of people in their employee who are close family friends (10 yrs +) is quite long and as I said my wife has been there 15 years as a Registered nurse...Thank you.
 
elle,

The statute I posted above is ars 13-904 which lists the suspension of civil rights and occupational disabilities that occur with a felony conviction, 13-907 restores your civil rights and lifts any related occupational disabilities which would include educational opportunities.As a comparison there is no legal bar to becoming a registered nurse in Arizona, you would need to wait 5-years from the date the judgement of guilt was vacated.
 
Getting a license as a registered nurse or any other occupation) is separate and apart from a school accepting you into a program or an employer hiring you.
 
13-904 still says: A person may be denied employment by this state or any of its agencies or political subdivisions or a person who has had his civil rights restored may be denied a license, permit or certificate to engage in an occupation by reason of the prior conviction of a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/00904.htm&Title=13&DocType=ARS
It would be whatever the occupation/employer allows. (their rules)
(An individual employer still doesn't have to hire you.)
 
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I understand the statute, but I do not believe a DUI has a "reasonable relationship" with the occupation or the certificate" being sought.This was covered in post #4.I would also say that I did attend an inpatient rehab facility and have been sober close to two years now.
 
The bottom line is there is no way we can make them accept your application into the program or guarantee you a job eventually. This is something you will have to pursue on your own. Every employer has their own opinion as to what is a reasonable relationship no matter what your opinion is.
 
I agree.I will submit a letter to the human resources dept. wit any pertinent documentation and see if they are able to make an exception.I am not entirely convinced the program director has spoken to human resources at this point.There are obviously many people including medical residents,doctors,presidents that have DUI convictions on their records.The ball is in their court, I need to see if I can convince them to give me a chance.I will await CBG's response as well.When I approached H.R. of this same hospital two years ago for a volunteer position she told me as long as I don't have a felony you should be fine.I gave her a copy of my court paperwork stating that the charges were dismissed but was unable to fill the position to family schedule (3 small boys), not sure what could have changed.
 
crunchman said:
I understand the statute, but I do not believe a DUI has a "reasonable relationship" with the occupation or the certificate" being sought.This was covered in post #4.I would also say that I did attend an inpatient rehab facility and have been sober close to two years now.
Click to expand...

Lets be forthcoming, now. In Texas, and I'm sure AZ is similar, a felony indictment for serial DUI issues only upon the third arrest.
I think the distinction the employer is making is that you were convicted under a felony statute (indictment) only after two prior DUI convictions. Had the most recent DUI conviction, they might have made an exception.

Here's a thought,why not investigate other career fields? I'm sure you have other interests. My point is, I know things are tough when you sincerely want to change, but few allow you to make that change. Make your own breaks. Rethink your plan. Don't waste time with negative things and negative people.
 
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