Employment Verification
1. Purpose
All Brigham Young University–Hawaii (“university” or “BYU–Hawaii”) personnel are expected to be role models of a life that combines spiritual values and personal integrity with intellectual rigor and academic excellence, and to conduct their work in a professional manner consistent with the principles and values espoused by the university and The Church of Jesus Christ of Latter-day Saints (“Church”).
This policy outlines the university’s ecclesiastical clearance program for individuals employed by the university in nonstudent positions.
2. Policy
Conditions of Employment
It is a condition of employment that all personnel
- refrain from behavior or expression that seriously and adversely affects the university mission or the Church of Jesus Christ;
- act in accordance with the Church Educational System Honor Code, and the Dress and Grooming Standards; and
- act in accordance with university policies.
Members of the Church of Jesus Christ who accept an offer of University employment for a nonstudent position on or after January 27, 2022, also accept as a condition of employment that they will hold and be worthy to hold a current temple recommend. Those hired prior to January 27, 2022, are invited to voluntarily accept this same standard as a condition of employment. Members of the Church of Jesus Christ hired in nonstudent positions before January 27, 2022, who have not voluntarily accepted the temple recommend standard continue to accept as a condition of employment the standards of conduct consistent with qualifying for temple privileges.
The Church of Jesus Christ may adjust the criteria for a temple recommend from time to time. Temple recommend worthiness is an ecclesiastical determination made by local leaders of the Church of Jesus Christ. The university does not intervene in ecclesiastical determinations.
3. Implementation
3.1 Eligibility for Employment
Individuals whose membership in the Church of Jesus Christ has been restricted or withdrawn or who have resigned their membership in the Church of Jesus Christ are not eligible for BYU–Hawaii employment unless and until all restrictions are removed or the individual is readmitted to the Church of Jesus Christ by baptism and confirmation.
3.2 Initial Hiring Clearance and Verification
Applicants are informed of the expectations and conditions defined by this policy on the application form or through discussion with university hiring personnel. Hiring personnel verify that applicants understand and will comply with these expectations and conditions through one of the two following processes before extending an offer of employment in any nonstudent position.
3.2.1 Ecclesiastical Clearance for Members of The Church of Jesus Christ of Latter-day Saints
Applicants for employment in nonstudent positions at the university who are members of the Church of Jesus Christ must receive an ecclesiastical clearance (hereafter “Ecclesiastical Clearance”) from the Ecclesiastical Clearance Office of The Church of Jesus Christ of Latter-day Saints (the ECO) to be eligible to be considered for employment. Former members of the Church of Jesus Christ are subject to the same clearance process as current members.
The ECO contacts current and former ecclesiastical leaders concerning the ecclesiastical worthiness of all candidates for employment in nonstudent positions who are members of the Church of Jesus Christ. The ECO clearance is separate from ecclesiastical endorsements provided by local ecclesiastical leaders. The ECO also considers factors such as public positions or statements related to leaders, doctrine, and policies of, and an individual’s overall activity in, the Church of Jesus Christ. The ECO clearance process for new hires verifies whether the individual holds and is worthy to hold a temple recommend and also assesses historical and current activity in the Church of Jesus Christ, religious behavior, and support for the teachings, practices, and leadership of the Church of Jesus Christ. Applicants for faculty and certain administrative positions also interview with a general authority of the Church of Jesus Christ as part of the ecclesiastical clearance process. The ECO indicates to the university only whether individuals are cleared or not cleared ecclesiastically to be considered for employment by the university.
3.2.2 University Standards Compliance Verification for Individuals Who Are Not Members of The Church of Jesus Christ of Latter-day Saints
Applicants who are not members of the Church of Jesus Christ meet with the University Chaplain to verify that, if hired, they will accept the expectations and conditions described in this policy, refrain from behavior or expression that seriously and adversely affects the university mission or the Church of Jesus Christ, act in accordance with the Church Educational System Honor Code and Dress and Grooming Standards, and act in accordance with university policies. Applicants for faculty and certain administrative positions also interview with a general authority of the Church of Jesus Christ. The University Chaplain completes a university standards compliance form documenting the applicant’s agreement to these expectations and conditions and sends the form to Human Resources.
3.3 Continuing Clearance and Verification
3.3.1 Employees Who Are Members of The Church of Jesus Christ of Latter-day Saints
The ECO contacts ecclesiastical leaders concerning the ecclesiastical worthiness of all nonstudent personnel who are members of the Church of Jesus Christ. Personnel must maintain a clearance from the ECO to continue their employment at the university.
3.3.2 Employees Who Are Not Members of The Church of Jesus Christ of Latter-day Saints
Employees who are not members of the Church of Jesus Christ are interviewed annually by the University Chaplain to verify they are living in accordance with the expectations and conditions of employment. After interviewing the employees, the University Chaplain notifies Human Resources of the employees' compliance. These notifications are maintained in a confidential file separate from each employee's official employee file.
3.4 Petition for Policy Exception
An employee or faculty member who is a member of the Church of Jesus Christ may petition their Vice President for an exception to continue employment without a clearance from the ECO. A petition may be granted by the university only if the individual demonstrates a compelling reason why the policy that mandates the individual have an ecclesiastical clearance does not apply to the individual.
All petitions must be submitted to Human Resources. As part of the petition process, the employee or faculty member must (1) complete the Petition for Exception to Continue Employment Contrary to Approved Policy form, (2) as part of the form, include a written statement outlining the compelling reason why the policy does not apply to the individual, and (3) within 30 calendar days of receiving final notice from BYU–Hawaii that the individual is not cleared by the ECO, submit the completed form and statement to Human Resources.
During the 30-calendar-day application window, and while the university is considering the exception request, the employee or faculty member may be placed on paid administrative leave, and other restrictions may be applied as deemed appropriate by the university.
The Vice President will not review any ecclesiastical leader’s determination of ecclesiastical worthiness or the determination of the ECO not to clear the individual. The employee or faculty member bears the burden of persuasion, and a petition may be granted by the university only if the employee or faculty member demonstrates a compelling reason why the policy that mandates the employee or faculty member have a clearance from the ECO does not apply to them. The Vice President may choose to personally interview the employee or faculty member, who may further explain the circumstances that might constitute a compelling reason for an exception. Any exception granted is effective for no more than one year.
3.5 Appeal
In the event that the application of this policy results in discipline or termination of the individual’s employment, the decision may be reviewed as provided in the Employee Grievance Policy. Requests for appeal or administrative review under these policies must be filed within 30 calendar days of the employee receiving discipline or notice of termination.
During the 30 calendar-day appeal/review window, and while the university is considering the exception request, the employee may be placed on paid administrative leave, and other restrictions may be applied as deemed appropriate by the university.
3.6 Noncompliant Employees
If an employee fails to meet any condition of employment described in this policy, the employee is subject to immediate termination unless an exception is granted as provided in this or another applicable university policy.
In an effort to fulfill the university’s mission and purpose, which are founded upon sincerely held religious beliefs, exceptions to and compromises of applicable standards of conduct and worthiness are not granted. However, employees who have violated those standards but express a desire to meet the standards described in this policy may be allowed, at the discretion of the administration, a temporary probationary period to demonstrate their compliance, usually no more than three months. The ECO coordinates directly with ecclesiastical leaders on temporary probationary periods for employees who are members of the Church of Jesus Christ.
3.7 Re-employment of Terminated Employees
An individual who was terminated for failing to comply with the standards and expectations described in this policy may become eligible for re-employment at the university when he or she once again complies with those standards and expectations and, for employees who are members of the Church of Jesus Christ, holds and is worthy to hold a temple recommend and receives an Ecclesiastical Clearance. If an individual in these circumstances applies for a position, his or her re-employment by the university will be reviewed on a case-by-case basis. Employment decisions are at the sole discretion of the university.