Decatur County Community Schools
Administrative Guidelines
 

1521A - REPORTS OF CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT AND ARREST

Employees shall report their arrest or the filing of criminal charges against them, or their conviction for a crime to the Superintendent within forty-eight (48) hours of the arrest or the filing of criminal charges or the conviction. If the employee is held in custody for more than twenty-four (24) hours, the report shall be made within forty-eight (48) hours after the employee is released from custody.

Employees also shall report a substantiated report of child abuse or neglect of which the employee is the subject to the Superintendent within forty-eight (48) hours of the issuance of the report. If the employee does not receive notice of the issuance of the report until a later date, the employee must report the substantiated report of child abuse or neglect of which the employee is the subject to the Superintendent within forty-eight (48) hours of receiving notice of the report.

The arrest or the filing of criminal charges, or conviction need not automatically result in the suspension or termination of the employee. The Superintendent may evaluate the circumstances of the arrest or charge(s) based upon the factors listed below for the evaluation of criminal convictions, plus the presumption of innocence afforded every person charged with a crime prior to conviction.

As used here, "crime" means an action initiated by the State of Indiana, another state, or the United States with a penalty that includes the possibility of a term of imprisonment. The term includes all prosecutions denominated as a felony or misdemeanor. Infractions such as speeding and other minor traffic infractions are not covered unless the job description for an employee’s position includes operating a vehicle as an essential function. Any doubt about reporting a charge or arrest should be resolved in favor of reporting the offense.

If available, the evaluation of the charge(s), arrest, or conviction will be expedited if the employee provides the Superintendent a copy of:

 

A.

the criminal charge(s), i.e., the information or indictment;

   
 

B.

any probable cause affidavit filed with the charge;

   
 

C.

the cause number and court in which the matter is pending;

   
 

D.

any police report or accident report prepared by law enforcement; and

     
 

E.

the court’s entry of a criminal conviction against the employee.

In evaluating information surrounding the arrest, filing of criminal charges, or conviction, the Superintendent will take into account:

 

A.

the relevance of the circumstances of the arrest, charge(s), or conviction to the qualification standards and essential functions of the position held by the employee;

   
 

B.

how recently the behavior occurred and the behavior of the employee since that time;

   
 

C.

whether the employee admits or denies the facts of the allegation;

   
 

D.

the relative reliability of the information and objectivity of the source of the information;

   
 

E.

the certainty with which the facts have been or can be determined;

   
 

F.

the nature and severity of any potential harm to students and other employees that would result from an error in assessing the facts of the arrest, charge(s), or conviction;

   
 

G.

the extent to which the position involves being an exemplar and the potential for the presentation of a negative exemplar to students; and

   
 

H.

how the information came to the attention of the Corporation, i.e., was it reported by the employee or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the employee will be permitted to continue to work while the charges are resolved in the trial court, and will recommend that the employee continue to work, be placed on administrative leave or suspension, or be terminated or recommended for termination. With respect to employees who are teachers, the principal shall make the initial recommendation for termination, as required by State law.

A substantiated report of child abuse or neglect of which the employee is the subject need not automatically result in the suspension or termination of the employee. The Superintendent may evaluate the circumstances of the incident underlying the report based on the following factors:

 

A.

the relevance of the circumstances of the incident underlying the report to the qualification standards and essential functions of the position held by the employee;

   
 

B.

how recently the behavior occurred and the behavior of the employee since that time;

   
 

C.

whether the employee admits or denies the facts of the report;

   
 

D.

the relative reliability of the information and objectivity of the source of the information;

   
 

E.

the certainty with which the facts have been or can be determined;

   
 

F.

the nature and severity of any potential harm to students and other employees that would result from an error in assessing the facts of the incident underlying the report;

   
 

G.

the extent to which the position involves being an exemplar and the potential for the presentation of a negative exemplar to students;

   
 

H.

how the information came to the attention of the Corporation, i.e., was it reported by the employee or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the employee will be permitted to continue to work while the Superintendent completes his/her investigation and will recommend that the employee continue to work or be placed on administrative leave or suspension. A substantiated report of child abuse or neglect of which the employee is the subject may result in the termination of the employee’s employment. With respect to employees who are teachers, the principal shall make the initial recommendation for termination, as required by State law.

Revised 4/12/17

© Neola 2016