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Background Checks and Employment

Approved: 1-10-06

Revised:    9-9-09, 5-12-10, 2-12-14, 9-14-16, 12-14-16, 10-11-23

Philosophy:

The South Sanpete Board of Education recognizes that people who staff the school system are discharging a public trust of great significance; consequently, the Board is committed to provide a safe school environment for the students by employing exemplary role models. To protect the health and safety of all students, and in compliance with state law, a criminal background check shall be required of all potential employees or volunteers who will be given significant, unsupervised access to students in connection with their assignment. The potential employee or volunteer and all current employees shall satisfactorily pass criminal background checks as a condition for employment.

Definitions:

  1. Licensed Employee:

Employees who hold a current Utah educator license issued by the State Board of Education.

  1. Non- Licensed Employee:

Employees who do not hold a current Utah educator license issued by the State Board of Education.

  1. Plea in Abeyance:

When a defendant enters a temporary guilty plea with the agreement to fulfill specific court-imposed requirements, such as paying fines or restitution or completing community service. After successfully fulfilling the obligations, the charges may be dismissed. Although the charges may be dismissed, the record of the plea typically exists on the individual’s criminal record unless the individual applies for expungement.

  1. Qualifying Volunteer:

A volunteer who will be given significant unsupervised access to a student in connection with the volunteer’s assignment. For purposes of this policy, “qualifying volunteer” does not include an officer or employee of a cooperating employer which has an internship safety agreement with the District.

  1.                   Contract Employee:

A “contract employee” is an employee of a staffing service or other entity who works at a District school under a contract.

  1. Personal Identifying Information:

This is defined as 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 § 53G-11-401(3), (6), (7) (2019)

Utah Code § 53G-11-402(1)(a)(iii) (2023)

Utah Admin. Rules R277-316-2(5), (8), (9), (11) (February 7, 2020)

Policy:

  1. The Utah Code (53A-3-410) provides that a school district superintendent or designee shall require a potential employee or volunteer who will have significant unsupervised access to a student in connection with their assignment to submit to a finger-print (scan) criminal background check as a condition for continued employment or consideration for new employment.
  1. All prospective, new, and current employees (licensed or non-licensed) are financially responsible for the costs associated with a background check.
  1. Some criminal violations may automatically eliminate applicants and volunteers from positions in Public Education due to State Law and/or specific violations determined by the Utah Professional Practices Advisory Commission (UPPAC) contained in Utah Code 53A-6-301 through 307, Utah Code 53A-3-410, and Utah Administrative Code R686-100 through 104.

Application Notice and Waiver Regarding Background Checks:

  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.”

  1. All employees, qualifying volunteers, and contract employees seeking employment with the District or service in a District school and who are 18 years old or older 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.

Utah Code § 53G-11-402(1)(a) (2023)

Utah Code § 53-10-108(13)(b)(ii) (2023)

Criminal Background Check and Monitoring for Licensed Employees:

  1. All persons seeking a licensed employee position with the District shall provide their educator licensing information with their application for employment.
  1. 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.
  1. 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.

Criminal Background Check for Non-Licensed Employees and Volunteers—

  1. All non-licensed employees, qualifying volunteers, and contract employees seeking employment with the District or service in a District school and who are subject to the background check requirement 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 § 53G-11-402(1)(b) (2023)
Utah Code § 53E-6-901(2) (2018)
Utah Admin. Rules R277-316-3(1)(a) (February 7, 2020)

  1. The District shall obtain consent from each applicant who is subject to the background check requirement and who is 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.

Utah Code § 53G-11-402(1)(b)(iii) (2023)

  1. 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. (This requirement does not apply if the individual is younger than 18 years old.) The District shall submit the individual’s personal identifying information, including fingerprints, to the Bureau of Criminal Identification for this background check.

Utah Code § 53G-11-402(1)(a), (c) (2

Utah Admin. Rules R277-316-3(1)(a) (February 7, 2020)

  1. 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 unless the individual is younger than 18 years old.

Utah Code § 53G-11-402(1)(c)(ii) (2023)

Utah Admin. Rules R277-316-3(1)(a) (February 7, 2020)

  1. 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 § 53G-11-402(4) (2023)

Reporting of Arrests and Convictions:

1.         An employee (licensed or non-licensed) who is arrested for the following alleged offenses shall report the arrest within 48 hours or as soon as possible to the District’s Superintendent or designee for:

  1. Any matters involving arrests for alleged sex offenses;
  2. Any matters involving arrests for alleged drug-related offenses;
  3. Any matters involving arrests for alleged alcohol-related offenses;
  4. Any matters involving arrests for alleged assault offenses against a person found in Utah Code 76-5-102 through 76-5-413;
  5. Any matters involving arrests for alleged crime classified as a felony; and
  6. In addition, an employee shall report convictions, including a Plea in Abeyance and Diversion Agreements, within 48 hours or as soon as possible upon receipt of notice of the conviction, Plea in Abeyance, or Diversion Agreement.
  1. After receiving the arrest notification/information from the employee, the Superintendent or designee shall review this information, assess the employment status in regards to the employee’s assignment, determine if he/she should report to work, and decide upon appropriate disciplinary action, up to, and including, termination. An employee shall be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses that may endanger students during the period of investigation. An employee shall be immediately suspended from any duties that require the employee to transport students or operate or maintain a District vehicle for alleged offenses involving drugs or alcohol during the period of the investigation.
  1. If an employee fails to report any arrest or conviction pursuant to this Policy to the Superintendent, he/she may be subject to the following disciplinary action: verbal warning, written reprimand, suspension, and/or termination.
  1. The Superintendent or designee shall report the conviction, arrest or offense information, received, by licensed employees, to the Utah State Office of Education within 48 hours of receipt of information from the employee.
  1. 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 the investigation, shall be maintained for a minimum of two years following termination of employment with the District and require protection of confidential employment information.

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.    

  1.               any convictions, including pleas in abeyance;
  2.                any matters involving a felony; and
  3. any matters involving an alleged:
    1.         sexual offense;
    2.          class A misdemeanor drug offense;
    3.         offense against the person under Title 76, Chapter 5, Offenses Against the Individual;
    4.         class A misdemeanor property offense that is alleged to have occurred within the previous three years; and
    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 § 53G-11-405(3) (2022)

Utah Code § 53G-11-402(3) (2023)

Information obtained pursuant to a criminal background check is confidential and may only be disclosed as provided herein.

Due Process:

  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 § 53G-11-405(1)(c) (2022)

  1. 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.

Privacy Risk Mitigation–Discontinuing Monitoring:

  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 provide notice to the Utah State Board of Education that they should 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 § 53G-11-402(1)(d) (2023)
Utah Code § 53-10-108(13)(b)(iii) (2023)

  1. 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 request that the Bureau of Criminal Identification 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 § 53G-11-402(1)(d) (2023)
Utah Code § 53-10-108(13)(b)(iii) (2023)

Utah Admin. Rules R277-316-3(1)(b) (February 7, 2020)