Brevard County (Florida)
Bylaws & Policies
 

3121.01 - DISTRICT FINGERPRINTING AND BACKGROUND CHECK REQUIREMENTS

Initial Background Check

All candidates for all positions shall be subject to a Level II criminal background check to determine suitability for employment. The District shall conduct the fingerprinting/screening using the code ORI (Originating Agency Identifier) issued to the District by the Florida Department of Law Enforcement (FDLE). The following procedures shall be utilized during the application process:

 A.The application for employment shall inform applicants that they are subject to Level II background checks.
 B.The application shall advise applicants that failure to be truthful on the application about prior criminal history shall be grounds for ineligibility or dismissal from employment.
 C.Upon application for employment, the applicant shall file a complete set of fingerprints taken by a designated employee of the District.
 D.The fingerprints shall be processed by the FDLE and the Federal Bureau of Investigation (FBI).
 E.The applicant shall be required to pay for the costs of processing at the time the applicant is fingerprinted.

No employee shall be hired before the FDLE and FBI background checks are reviewed.

Confidentiality

Any employee provided access to criminal history records shall be cautioned as to the confidentiality of the information contained in the records, and shall not discuss such information other than with those legally permitted access to such records. The District may only share the background screening results and details of the record with the individual that is being screened, or with his/her attorney of record. An exception to the confidentiality of these records may be made for the purpose of sharing the information with another school district pursuant to the procedures described below.

Review by the Office of District and School Security

When the fingerprint or background checks are returned, the Office of District and School Security shall review the security check form and the reports received. In addition, the applicant must provide to the Office of District and School Security verification of all previous employers for the past five (5) years, and all private or public institutions where the applicant was previously employed while age eighteen (18) or older.

The Director of District and School Security shall review all background information received. In the event that a background check identifies a potential problem, the Director of District and School Security shall make a determination regarding the applicant's suitability for employment. The Director of District and School Security may reject an applicant. The applicant may appeal to the Deputy Superintendent who will determine whether the applicant should be considered based upon mitigating circumstances.

Applicants Convicted of Serious Offenses

Applicants who have been convicted of serious offenses shall not be employed by the District. As used in this section, the term conviction is defined as a finding of guilt, a plea of guilty, a plea of Nolo Contendere, or a verdict of guilty. The withholding of adjudication or an entry of an order sealing or expunging a record, requiring a pre-trial intervention, or pre-trial diversion shall not be considered an exception to this section.

For purposes of this section, serious offenses shall include the following:

 A.inappropriate sexual conduct including, but not limited to, solicitation of prostitution, sexual battery, sexual relations with a minor, possession or sale of pornography or obscene literature involving minors
 B.sale of a controlled substance
 C.conviction of certain felonies as defined by personnel hiring policies
 D.possession of a gun or weapon on District property, or use of a weapon in the commission of a violent crime
 E.knowingly falsifying or altering employment applications, paperwork, District forms or other documents or certificates

Reconsideration and Appeal

In situations where an applicant has been convicted in a criminal, civil, or administrative proceeding of an offense other than the serious offenses listed above, the Director of District and School Security may consider certain mitigating factors to determine if a recommendation to continue in the application process is appropriate.

Applicants who have been denied employment because of their criminal record shall receive written notice of the reasons for denial. Upon request, the applicant is entitled to receive a copy of the relevant information for the purposes of challenge and correction. An applicant seeking to dispute the accuracy of the results of a criminal history record should contact FDLE Quality Control Sections (850-410-7898), if the concern is with the Florida record. If the concern is with out-of-state record, the contact should be with the FBI (304-625-2000).

 A.The applicant may request consideration by the Office of District and School Security only if the applicant can present new information not previously made available during the application process.
 B.Applicants who have been denied consideration by the Office of District and School Security may appeal to the Director of District and School Security for a waiver of the policy. The appeal must be in writing.
 C.Applicants who have been denied after appeal by the Director of the Office of District and School Security may appeal to the Deputy Superintendent for a waiver of policy. The appeal must be in writing and may not include any documents or information that was not previously considered by the Office of District and School Security.
 D.Approval of a waiver by the Deputy Superintendent only allows for consideration of the application for a position. There is no assurance of a nomination for a position by the Superintendent.
 E.The applicant shall have the opportunity to respond in writing to the findings. The decision of the Deputy Superintendent shall be final.

Current Employees

All current employees, including substitutes, must self-report arrests for serious offenses as listed in this procedure.

Employees will be scheduled for fingerprinting or re-fingerprinting, the cost of which will be borne by the District. Failure to report for fingerprinting at the scheduled time will result in the employee being responsible for the cost of the fingerprinting or re-fingerprinting, and may be cause for disciplinary action, including dismissal.

If it is discovered during the period of employment that a regular employee has a prior criminal record, and that the employee did not provide this information at the time of hire, if asked, the employee may be subject to disciplinary action, including dismissal.

District personnel who have been terminated because of their criminal record shall receive written notice of their right to appeal such a decision to the Superintendent. The decision of the Superintendent shall be final.

Sharing Information with Other School Districts

The District may share background screening results with other school districts pursuant to Florida State statute.

The District shall keep a record of each time the information contained in the records is shared with another school district. The record must include the following:

 A.the name of each individual whose records are being shared;
 B.the date of the transmission of the record;
 C.the type of transmission (Fax, USPS, secured electronic, etc.);
 D.the recipient of the transmission;
 E.notification to the individual that the record was shared, and the name of the receiving district.

Maintenance of Records

After receiving the initial background check results from the FDLE, the District will thereafter be electronically notified by the FDLE, in writing, of any new arrests. The District shall inform the FDLE of any change in affiliation, employment, or contractual status of an individual previously fingerprinted. The prints of an individual who terminates with the District and is later re-employed must be resubmitted to the FDLE.

F.S. 1012.31, 1012.32, 1012.465
Senate Bill 2986

Adopted 4/12/05
Revised 9/27/05
Revised 4/10/07