Code 230

The purpose of this policy is to protect the safety, health and security of students, employees and property of the school districts served by the Southwest Educational Development Center. Further, this policy is intended to ensure that SEDC’s School districts are served by specialists, technicians and other personnel who have not violated laws that would endanger students in any way.

CRIMINAL BACKGROUND CHECKS

Individuals Subject to Background Checks

• Potential employees must submit to a criminal background check as a condition for employment or appointment.
• A background check shall be required for the renewal of any SEDC
• Employee’s Utah educator license in accordance with Utah Administrative Code R277-501.
• Non-licensed SEDC employee’s shall submit to a criminal background check every five-years.
• Where reasonable cause exists SEDC may require current employed personnel to submit to a criminal background check.

Conducting the Background Check

• Prospective SEDC applicants shall complete a Southwest Educational Development Center supplemental questionnaire Form 228.A as a condition for employment. The questionnaire requires self disclosure of criminal misconduct or violation of the law. The information obtained from the background check and the self disclosure of information from the completed questionnaire will be compared for accuracy. Any misstatement, omission, or misinformation on the questionnaire is grounds to not hire or for dismissal.
• The applicant or employee shall receive a copy of this policy indicating that a background check is required or requested.
• An applicants refusal to submit to the required background check will be used as the sole basis to refuse employment. Current employees who decline to have a background check will be subject to disciplinary action up to and including dismissal from employment.

Payment for a Background Check

• Applicants for employment shall be required to pay the designated cost of a background check subject to provisions of UCA 53A-3-410(6)(b)
• SEDC shall pay the cost of background checks for anyone presently employed.

Licensed Educator’s Required Reporting of Arrest

• A licensed SEDC educator arrested for the following alleged offenses shall report the arrest as soon as possible or within 48 hours to the licensed educator’s director or supervisor:
  • Any arrests for matters involving minors.
  • Any matters involving arrests for alleged sex offenses.
  • Any matters involving arrests for alleged drug related offenses.
  • Any matters involving arrests for alleged alcohol related offenses; and
  • Any matters involving arrests for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.
• The licensed employee shall report to their director or supervisor, any convictions, including convictions identified above, any pleas in abeyance, and any diversion agreements within 48 hours or as soon as possible upon receipt of notice of conviction, plea in abeyance or diversion agreement.
• The Director shall report offense information received from licensed employee as soon as reasonably possible to SEDC Executive Board Chairman and to the Utah State Office of Education (USOE) within 48 hours through the USOE website.
• The licensed employee shall report to work following their arrest and notice to the Director, unless told not to report to work.

Non-Licensed SEDC Employees reporting of Arrest

• Non-Licensed SEDC employees shall report as soon as possible but no later than five (5) business days after being cited to their Director any convictions, including pleas in abeyance and diversion agreements for:
  • Any arrests for matters involving minors;
  • Any matters involving arrests for alleged sex offenses;
  • Any matters involving arrests for alleged drug-related offenses;
  • Any matters involving arrests for alleged alcohol-related offenses; and;
  • Any matters involving arrests for alleged offense against the person under title 76, chapter 5, Offenses Against the Person.
• All non-licensed SEDC employee shall report, to their Director or supervisor, any convictions, including convictions involving matters identified in 2.5.1, any pleas in abeyance, or any diversion agreements as soon as possible but no later than (5) days upon receipt of notice of conviction, pleas in abeyance or diversion agreement.
• SEDC’s Director shall report offense information received from the employee as soon as reasonably possible to the Executive Board Chairman and Utah State of Education (USOE) on their website with 48 hours.

Review and Investigation

• The Director, in cooperation with the non-licensed employee’s supervisor, shall;
  • Review arrest information and assess the employment status concerning the non-licensed SEDC employee’s assignment; and
  • Consistent with policies on ethical behavior of non-licensed employees make appropriate employment decisions that
  • protect both the safety of students and the confidentiality and due process rights of employees.
• The Southwest Educational Development Center may take employment or disciplinary action (up to and including dismissal), refuse to consider an applicant for employment, or refuse to hire a selected applicant for any offense relevant to the subject’s job description or assignment. Offenses relevant to all SEDC assignments include but are not limited to the following:
  • Any matters involving sex offenses;
  • Any matters involving drug-related offenses;
  • Any matters involving alcohol-related offenses;
  • Any matters involving offenses against a person under UCA title 76, chapter 5, Offenses Against the Person;
  • Any matters for which the subject is currently under court ordered probation, or
  • Any offense against or pertaining to a minor
• Any statement of an SEDC employee, or applicant on supplemental questionnaire 227.A that is later deemed to be a misstatement omission or misinformation when verified with the results of a background check is grounds to not hire for dismissal.
• If a person is denied employment or dismissed from employment because of information obtained through a criminal background check, the person will receive written notice of the reasons for denial or dismissal and have an opportunity to respond, within 5 working days, to the reasons.
• Information obtained from FBI in a background check is confidential within the guidelines of the Government Records and Access and Management Act. (GRAMA)

Non-Licensed Employees Schedule To Submit to Criminal Background Check

• SEDC will assign non-licensed employees who have not been the subject of an acceptable background check during the preceding five year anniversary from the date of their last acceptable background check.
• Non-licensed employees who have been the subject of an acceptable background check in the preceding five years, from the approval date of this policy, will recertify during the year established as the five years (from the approval date of this policy) to a five year recertification schedule.

References and Definitions

• “Licensed Educator” has the meaning given that term in UAC R277-516.
• “Crimes Against a Person” including assault, kidnapping, murder, manslaughter, reckless endangerment, abuse of a child or vulnerable adult, stalking, hazing, making a terrorist threat, and any other offense identified in UCA title 76, Chapter 5.

References

• Utah code annotated (UCA) 53-10-108. Limited Use of Records for Employment Purposes.
• UCA 53A-3-410 Criminal Background Checks on School Personnel.
• UCA 53A-6-401 Background Checks
• Utah Administrative Code (UAC) R277-501 Educator Licensing Renewal and Timelines.
• UAC R277-515 Education Employee Required Reports of Arrest.