EMPLOYEE BACKGROUND CHECKS 2005
1. PURPOSE AND PHILOSOPHY
Sevier 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, substitutes, and volunteers pursuant to Utah state laws, rules, and regulations, and in accordance with this policy.
2. DEFINITIONS
2.1 A “licensed employee” is one who holds a current Utah educator license issued by the State Board of Education.
2.2 A “non-licensed employee” is one who does not hold a current Utah educator license issued by the State Board of Education.
2.3 A “qualifying volunteer” is a volunteer who will be given significant unsupervised access to a student in connection with the volunteer’s assignment.
2.4 A “contract employee” is an employee of a staffing service or other entity who works at a District school under a contract.
2.5 “Personal identifying information” means an individual’s current name, former names, nicknames and aliases; date of birth; address; telephone number; driver license number or other government-issued identification number; Social Security number; and fingerprints.
Utah Code § 53A-15-1502(3), (7), (8) (2016)
3. REQUIRED EMPLOYMENT REFERENCE CHECKS
In addition to satisfying the requirements of this policy, the District shall also conduct such employment reference checks as are required.
4. APPLICATION NOTICE AND WAIVER REGARDING BACKGROUND CHECKS
4.1 At the time a prospective employee or qualifying volunteer applies for employment or service with the District, such prospective employee or qualifying volunteer shall fill out an application providing the following warning:
“All references stated in this application will be checked by the School District and it is the policy of this School District that false information will be grounds for rejecting your application with no further consideration for the position; or, if such false information is discovered after hire, you will be subject to immediate termination for cause. Any false information may also be the grounds for criminal prosecution.”
4.2 All employees, qualifying volunteers, and contract employees seeking employment with the District or service in a District school shall sign a written consent, release, waiver, and authorization which authorizes the District to request information from the individual’s past employers and supervisors. The consent, release, waiver, and authorization shall also authorize the District to contact any applicable licensing agency and former employers to obtain a background check, including a reference check, and to conduct a background search into the employee’s criminal record, if any, or any other background check as the District deems necessary to satisfy itself of the quality and competence of the individual’s credentials including submitting personal identifying information to the Bureau of Criminal Identification within the Department of Public Safety and retaining the personal identifying information for ongoing monitoring. (Model release forms are included at the end of this policy.)
Utah Code § 53A-15-1503(1)(a) (2016)
Utah Code § 53-10-108(13)(b)(ii) (2015)
5. CRIMINAL BACKGROUND CHECK AND MONITORING FOR LICENSED EMPLOYEES
5.1 All persons seeking a licensed employee position with the District shall provide their educator licensing information with their application for employment.
5.2 Prior to employing an individual as a licensed employee, the District shall confirm the individual’s license status and standing with the State Board of Education, including inquiring regarding any prior or pending disciplinary actions or complaints.
5.3 Upon employing an individual as a licensed employee, the District shall request that the State Board of Education provide notification to the District of any changes or updates received by the State Board through its ongoing monitoring of the individual’s criminal history and background.
6. CRIMINAL BACKGROUND CHECK FOR NON-LICENSED EMPLOYEES AND VOLUNTEERS
6.1 All non-licensed employees, qualifying volunteers, and contract employees seeking employment with the District or service in a District school shall provide their personal identifying information with their application. “Non-licensed employees” includes substitute teachers who are not licensed by the State Board of Education.
Utah Code § 53A-15-1503(1)(b) (2016)
Utah Code § 53A-6-109(2) (2015)
6.2 The District shall obtain consent from each applicant seeking employment as a non-licensed employee or service as a qualifying volunteer or contract employee for (1) an initial fingerprint-based background check by the FBI and Bureau of Criminal Identification and (2) the retention of personal identifying information and ongoing monitoring by the Bureau of Criminal Identification. Consent forms are included at the end of this policy.
Utah Code § 53A-15-1503(b)(iii) (2016)
6.3 Prior to employing a non-licensed employee or permitting a contract employee or qualifying volunteer to provide service in a District school, the District shall require the individual to undergo a background check. The District shall submit the individual’s personal identifying information, including fingerprints, to the Bureau of Criminal Identification for this background check.
Utah Code § 53A-15-1503(1)(a), (c) (2016)
6.4 Upon employing a non-licensed employee or permitting a contract employee or qualifying volunteer to provide service in a District school, the District shall request ongoing monitoring of the individual through the Bureau of Criminal Identification.
Utah Code § 53A-15-1503(1)(c)(ii) (2016)
6.5 In the discretion of the Superintendent or the Superintendent’s appointee, if the employment or service is to be temporary or for a very short term, the non-licensed employee, contract employee, or qualifying volunteer may be exempted from ongoing monitoring.
Utah Code § 53A-15-1503(5) (2016)
6.6 With respect to applications submitted by prospective non-licensed employees, contract employees, or qualifying volunteers, the District will pay the cost of an applicant’s background check, except that if the following are true, the District will require an applicant to pay the costs of the background check as a condition for consideration for employment or service:
6.6.1 The applicant has passed an initial review; and
6.6.2 The application is one of a pool of no more than five candidates for a position.
Utah Code § 53A-15-1503(2) (2016)
7. USE OF CRIMINAL HISTORY AND BACKGROUND CHECK INFORMATION
In making decisions in reliance on criminal history information, the District shall consider rules established by the State Board of Education and
7.1 any convictions, including pleas in abeyance;
7.2 any matters involving a felony; and
7.3 any matters involving an alleged:
7.3.1 sexual offense;
7.3.2 class A misdemeanor drug offense;
7.3.3 offense against the person under Title 76, Chapter 5, Offenses Against the Person;
7.3.4 class A misdemeanor property offense that is alleged to have occurred within the previous three years; and
7.3.5 any other type of criminal offense, if more than one occurrence of the same type of offense is alleged to have occurred within the previous eight years.
Utah Code § 53A-15-1506(3) (2015)
Utah Code § 53A-15-1503(4) (2016)
Information obtained pursuant to a criminal background check is confidential and may only be disclosed as provided herein.
8. DUE PROCESS
8.1 If the District disqualifies an applicant as a result of criminal history obtained from a background check, the District shall give the individual written notice of the disqualification and of the individual’s right to request a review of the disqualification.
Utah Code § 53A-15-1506(1)(c) (2015)
8.2 An individual disqualified by the District as a result of a background check may request a review of the information received by the District through the background check and of the reasons for the disqualification and may respond to the information and the reasons for disqualification. The District shall, consistent with the requirements of Utah Code § 53-10-108, allow the individual to review the criminal history information received by the District.
Utah Code § 53A-15-1506(1)(a), (b) (2015)
8.3 The individual has the right to challenge any part of the background check. If he/she challenges the results, they must go through the Utah Bureau of Criminal Identification to get any issues resolved.
9. PRIVACY RISK MITIGATION: DISCONTINUING MONITORING
9.1 Upon termination of District employment of a licensed employee (whether by retirement, resignation, termination with or without cause, non-renewal, or any other reason), the District shall by written notice to the Utah State Board of Education request that the State Board cease to notify the District of information received by the State Board through its ongoing monitoring of the individual’s criminal history and background.
Utah Code § 53A-15-1503(1)(d) (2016)
Utah Code § 53-10-108(13)(b)(iii) (2015)
9.2 Upon termination of District employment or service of a non-licensed employee, contract employee, or qualifying volunteer (whether by retirement, resignation, termination with or without cause, non-renewal, or any other reason), the District shall by written notice to the Bureau of Criminal Identification request that the Bureau discontinue its ongoing monitoring of the individual’s criminal history and background and notices to the District regarding changes to criminal history and background.
Utah Code § 53A-15-1503(1)(d) (2016)
Utah Code § 53-10-108(13)(b)(iii) (2015)
10. LICENSED EMPLOYEES AND NON-LICENSED EMPLOYEES - REPORTING OF ARRESTS AND CONVICTIONS
10.1 A Licensed Educator or Non-Licensed Employee who is arrested, cited, or charged for any of the following alleged offenses shall report the arrest within forty-eight (48) hours or as soon as possible to the Superintendent or his/her designee:
10.1.1 any matters involving arrests for alleged sex offenses;
10.1.2 any matters involving arrests for alleged drug-related offenses;
10.1.3 any matters involving arrests for alleged alcohol-related offenses;
10.1.4 any matters involving arrests for alleged offenses against the person under Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person. This Title and Chapter 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(s); and
10.1.5 any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
10.1.6 any matters involving an alleged felony offense found in Utah Code §§ 76-6-101 through 76-6-1409 (offenses against property);
10.1.7 any matters involving an alleged crime of domestic violence under the Cohabitant Abuse Procedures Act (Utah Code §§ 77-36-1 through 77-36-10); and
10.1.8 any matters involving an alleged crime under federal law or another state’s law comparable to any of the alleged crimes listed above.
10.2 A Licensed Educator or Non-Licensed Employee shall report convictions, including pleas in abeyance and diversion agreements, within forty-eight (48) hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance, or diversion agreement.
10.3 A Licensed Educator or Non-Licensed Employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses, which may endanger students during the period of investigation.
10.4 A Licensed Educator or Non-Licensed Employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee may be required to submit to a Background Check.
10.5 The District will provide adequate due process for the accused employee consistent with Utah Code Ann., §53A-3-410(10) and applicable administrative procedures established by the District.
10.6 The Superintendent or his/her designee shall report a conviction, arrest, or offense information received from a Licensed Educator to the USOE within forty-eight (48) hours of receipt of information from Licensed Educators. This will be reported on the USOE electronic reporting link on the USOE website, and where reasonable cause exists, an existing employee must submit to a Background Check.
10.7 The Superintendent or his/her designee shall review arrest information and make employment decisions that protect both the safety of students and/or employees and the confidentiality and due process rights of employees.
10.8 The Licensed Educator or Non-Licensed Employee shall report for work following the arrest of any matters listed in items 6.1.1 through 6.1.5 only after notice has been provided to the District unless directed not to report for work by the District.
10.9 Documents and records related to an employee’s arrest and/or conviction, plea in abeyance, or diversion agreements, as well as final administrative determinations and actions following investigation, shall be maintained for a minimum of two (2) years following termination of employment with the District and require protection of confidential employment information.
11. UPDATING INFORMATION FOR EXISTING EMPLOYEES
By September 1, 2018, the District shall, for each non-licensed employee and qualifying volunteer, collect that individual’s personal identifying information and submit that information to the Bureau of Criminal Identification.
Utah Code § 53A-15-1503(3) (2016)
Approved:09/14/16
Disclosure and Consent for Employment / Reference Checks
and Release of Liability (Licensed)
I understand that previous employment and my submitted references may be checked by the District. I affirm by my signature that (1) I have disclosed the employer for every prior paid position I have held where my job responsibilities included directly caring for, supervising, controlling, or having custody of anyone under 18 years of age; (2) I consent to past and present employer(s) and references disclosing to the District any and all information, including disciplinary records, which may be pertinent to my employment, and that such information includes, but is not limited to, all information relating to any employment action or discipline imposed for abuse of any child or student; and (3) I understand that if I am hired, any information obtained or maintained by the District may be disclosed to any future subsequent potential employer of mine who contacts the District for an employment or reference check.
I hereby waive any right to see any written material(s) submitted to the District in response to the above inquiries or notes of oral communication relative to such inquiries. I understand that if I am hired by the District any information received in response to the above inquiries is placed in my personnel file, and I may be denied the right to inspect such material(s).
By signing below, I agree to release the District from any action for damages relating to the District’s refusal to hire me as a result of information obtained during a reference or background check. I agree to release the District from any action for damages relating to information disclosed by the District to any future subsequent potential employer of mine who contacts the District for an employment or reference check.
I understand that providing false information to the District as part of the application process will be grounds for rejecting an application with no further consideration for the position; or, if such false information is discovered after hire, I will be subject to immediate termination for cause. Any false information may also be the grounds for criminal prosecution. I agree to release the District from any cause of action for damages as a result of the District’s termination of my employment as a result of falsifying any information included in this application.
Name: ________________________________________
Signature______________________________ Date______________________
Disclosure and Consent for Employment / Reference Checks and Release of Liability (Non-Licensed)
I understand and acknowledge that: (1) in considering my application for employment, Sevier School District (“the District”) is legally required to obtain a nationwide (FBI) criminal background check and (if I am hired) ongoing criminal history monitoring while I work for the District; (2) information provided to the District (including fingerprints) will be used for this purpose; (3) the background check process must meet the requirements of Utah Code § 53-10-108(4); (4) procedures for obtaining a change, correction, or updating your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34; (5) I have received (on the fingerprint card form) the FBI Privacy Act Statement and have received the FBI Noncriminal Justice Applicant’s Privacy Rights; (6) the background check results will be used to decide whether to employ me and will only be provided to those investigating or involved in the hiring process; (7) I may obtain my criminal history information from the Utah Bureau of Criminal Identification; and (8) if my application is rejected based on criminal background information I will be given written notice of the disqualifying reasons and of the right to request review of the disqualification. My signature affirms this acknowledgment and my consent to the District obtaining the initial check and ongoing monitoring while I work for the District.
I understand that previous employment and my submitted references may be checked by the District. I affirm by my signature that (1) I have disclosed the employer for every prior paid position I have held where my job responsibilities included directly caring for, supervising, controlling, or having custody of anyone under 18 years of age; (2) I consent to past and present employer(s) and references disclosing to the District any and all information, including disciplinary records, which may be pertinent to my employment, and that such information includes, but is not limited to, all information relating to any employment action or discipline imposed for abuse of any child or student; (3) I understand that if I am hired, any information obtained or maintained by the District except for criminal background check information may be disclosed to any future subsequent potential employer of mine who contacts the District for an employment or reference check.
I hereby waive any right to see any written material(s) submitted to the District in response to the above inquiries or notes of oral communication relative to such inquiries, except criminal background information, which I may obtain from the Bureau of Criminal Identification. I understand that if I am hired by the District any information received in response to the above inquiries is placed in my personnel file, and I may be denied the right to inspect such material(s).
By signing below, I agree to release the District from any action for damages relating to the District’s refusal to hire me as a result of information obtained during a reference or background check. I agree to release the District from any action for damages relating to information disclosed by the District to any future subsequent potential employer of mine who contacts the District for an employment or reference check
I understand that providing false information to the District as part of the application process will be grounds for rejecting an application with no further consideration for the position; or, if such false information is discovered after hire, I will be subject to immediate termination for cause. Any false information may also be the grounds for criminal prosecution. I agree to release the District from any cause of action for damages as a result of the District’s termination of my employment as a result of falsifying any information included in this application.
Name: __________________________________________
Signature________________________________ Date____________________
Disclosure and Consent for Employment / Reference Checks
and Release of Liability (Volunteer)
I understand and acknowledge that: (1) in considering my application to volunteer with Sevier School District (“the District”), the District is legally required to obtain a nationwide (FBI) criminal background check and (if I am given certain assignments) ongoing criminal history monitoring while I serve in the District; (2) information provided to the District (including fingerprints) will be used for this purpose; (3) the background check process must meet the requirements of Utah Code § 53-10-108(4); (4) procedures for obtaining a change, correction, or updating of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34; (5) I have received (on the fingerprint card form) the FBI Privacy Act Statement and have received the FBI Noncriminal Justice Applicant’s Privacy Rights; (6) the background check results will be used to decide whether to give me certain assignments and will only be provided to those investigating or involved in the assignment process; (7) I may obtain my criminal history information from the Utah Bureau of Criminal Identification; and (8) if my application is rejected based on criminal background information I will be given written notice of the disqualifying reasons and of the right to request review of the disqualification. My signature affirms this acknowledgment and my consent to the District obtaining the initial check and ongoing monitoring while I serve in the District.
I understand that previous employment and my submitted references may be checked by the District. I affirm by my signature that (1) I have disclosed the employer for every prior paid position I have held within the prior three years where my job responsibilities included directly caring for, supervising, controlling, or having custody of anyone under 18 years of age; and (2) I consent to past and present employer(s) and references disclosing to the District any and all information, including disciplinary records, which may be pertinent to my application, and that such information includes, but is not limited to, all information relating to any employment action or discipline imposed for abuse of any child or student.
I hereby waive any right to see any written material(s) submitted to the District in response to the above inquiries or notes of oral communication relative to such inquiries, except criminal background information, which I may obtain from the Bureau of Criminal Identification. I understand that if I am accepted by the District any information received in response to the above inquiries is placed in my service file, and I may be denied the right to inspect such material(s).
By signing below, I agree to release the District from any action for damages relating to the District’s refusal to accept me as a result of information obtained during a reference or background check. I agree to release the District from any action for damages relating to information disclosed by the District to any future subsequent potential employer of mine who contacts the District for a reference check
I understand that providing false information to the District as part of the application process will be grounds for rejecting an application with no further consideration for the position; or, if such false information is discovered after hire, I will be subject to immediate dismissal. Any false information may also be the grounds for criminal prosecution. I agree to release the District from any cause of action for damages as a result of the District dismissing me as a result of falsifying any information included in this application.
Name: _________________________________________
Signature______________________________ Date_______________________
