LOGAN CITY SCHOOL DISTRICT
POLICIES AND PROCEDURES

TitleEmployee Criminal Background Checks and Arrest Disclosure RequirementsNumber351
Section300 Human ResourcesApproval DateMay 18, 2010
Subsection350 School SafetyEffective DateMay 18, 2010


1. PURPOSE The Logan City School District is committed to providing a safe and secure educational and working environment for students and employees. As part of this effort, the District requires criminal background checks of licensed and non-licensed employees pursuant to Utah state laws, rules, and regulations, and in accordance with this policy.
2. REFERENCES
2.1 Utah Code Ann., 53-1a-512.5
2.2 Utah Code Ann., 53A-3-410
2.3 Utah Code Ann., 53A-6-401
2.4 Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person
2.5 Utah Code Ann., 953A-6-501
2.6 Utah Administrative Code, R277-516
3. DEFINITIONS
3.1 Licensed Educators or Licensed Employees: individuals who hold a valid Utah educator license and have satisfied all requirements to be a Licensed Educator in the Utah public school system or are issued on a Letter of Authorization from the Utah State Office of Education (i.e., school teachers, school administrators, psychologists, counselors, specialists, etc.).
3.1.A Licensed Educators may or may not be employed in a position that requires an educator license.
3.1.B Licensed Educators include individuals who are student teaching, who are involved in the alternative routes to licensure program, and individuals who hold district specific licenses.
3.2 Non-Licensed Employees: all employees of the District, except Licensed Employees, including coaches.
3.3 Contract employee: an employee of a staffing service who works at school under a contract between the staffing service and the District,
3.4 Other Adults: adults who volunteer in schools who have significant unsupervised access to students in connection with their volunteer assignments.
3.5 Criminal background checks: a document generated by the Bureau of Criminal Identification after a search of the State of Utah's criminal history files and/or other state and federal databases designated by applicable law or by the District.
3.6 Background check: information on an applicant or employee that may include, but is not limited to, criminal background checks and driving record reports.
3.7 Prospective employee: the individual who is selected as the successful applicant for a particular job position in the District, either licensed or non-licensed.
3.8 USOE: Utah State Office of Education.
4. POLICY
4.1 Employment Screening For Prospective Employees and Other Adults
4.1.A The District requires each prospective employee and other adult to submit to a Background Check prior to employment or service in the District as per Utah law.
4.1.B The prospective employee or other adult pays the cost of the Background Check, except as otherwise provided herein.
4.1.C The background check is a condition of employment or volunteering if:
4.1.C.1 The prospective employee or other adult is selected as the successful applicant for the particular job or volunteer position.
4.1.C.2 The prospective employee or other adult has not been the subject of a background check of similar scope during the preceding two years that was requested by the Utah State Office of Education.
4.1.D The District considers only those convictions which are job-related.
4.1.D.1 The prospective employee or other adult has opportunity to respond to any information received as a result of the background check.
4.1.D.2 The prospective employee or other adult is not shown or given a copy of the criminal background check.
4.1.D.3 The District resolves any request for review by the prospective employee or other adult through applicable administrative procedures established by the District.
4.1.E Prospective employees and other adults must agree to have their fingerprints taken and sign a document of acknowledgment and waiver permitting the District to request a background check of any state or federal criminal history file that the District deems applicable as a condition of employment or volunteering.
4.1.G Prospective student employees under the age of eighteen years are not required to have a background check or be fingerprinted.
4.2 Background Checks for Licensed, Non-Licensed, and Contract Employees and Other Adults
4.2.A The USOE conducts background checks for all Licensed Employees in the year in which their license is to be renewed.
4.2.A.1 Payment is the responsibility of the employee.
4.2.B The District conducts background checks for all Non-Licensed Employees and other adults every six years.
4.2.B.1 Payment is the responsibility of the employee or other adult.
4.2.D All current employees and other adults must agree to have their fingerprints taken and sign a document of acknowledgment and waiver permitting the District to request a background check of any state or federal criminal history file that the District deems applicable as a condition of employment or volunteering.
4.2.E If a current employee is dismissed from employment or volunteering because of information obtained through a background check, the person receives written notice of the reasons for dismissal and has an opportunity to respond to the reasons for the dismissal.
4.3 Reporting of Arrests and Convictions for Licensed, Non-Licensed, and Contract Employees and Other Adults
4.3.A A school employee or other adult who is arrested for any of the following alleged offenses shall report the arrest within forty-eight hours or as soon as possible to the Superintendent or his/her designee:
4.3.A.1 Any matters involving arrests for alleged sex offenses.
4.3.A.2 Any matters involving arrests for alleged drug-related offenses.
4.3.A.3 Any matters involving arrests for alleged alcohol-related offenses.
4.3.A.4 Any matters involving arrests for alleged offenses against the person under Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person which includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person.
4.3.A.5 Any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
4.3.B A school employee or other adult shall report convictions, including pleas in abeyance and diversion agreements, within forty-eight hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance, or diversion agreement.
4.3.C A school employee or other adult shall be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
4.3.D A school employee shall be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation.
4.3.E The District shall provide adequate due process for the accused employee consistent with state law and applicable administrative procedures established by the District.
4.3.F The Superintendent or designee shall report a conviction, arrest, or offense information received from a Licensed Educator to the USOE.
4.3.G Records of arrests and convictions shall be placed in the employee's personnel file upon receipt by the District and shall:
4.3.G.1 Include final administrative determinations and actions following investigation.
4.3.G.2 Be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
5. PROCEDURES
5.1 District Responsibilities
5.1.A When arrest/conviction information is received by the District regarding a Licensed Employee, the Superintendent or designee shall review that information and assess the employment status consistent with Utah Code Ann., 953A-6-501, Utah Administrative Code, R277-515, and district policy.
5.1.A.1 The District shall report the arrest to the USOE within forty-eight hours.
5.1B When arrest/conviction information is received by the District regarding a Non-Licensed Employee, the Superintendent or designee shall review that information and assess the employee's employment status while considering the Non-Licensed Employee's employment status consistent with applicable Utah law, rules, and regulations, district policy, and any applicable Employment Agreements or Memorandums of Understanding.
5.1.C The District cooperates with USOE investigations of Licensed Educators.