John Glenn School Corporation
Administrative Guidelines
 

3121A - REPORTS OF ARREST AND CRIMINAL CHARGES

Employees shall report their arrest and/or the filing of criminal charges against them to the Superintendent within forty-eight (48) hours of the earlier of their arrest or the filing of criminal charges against them. 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.

Arrest or the filing of criminal charges shall not automatically result in the suspension or termination of the employee. The Superintendent shall evaluate the circumstances of the arrest or charge(s) based upon the factors established by the Board for the evaluation of criminal convictions, plus the presumption of innocence afforded every person charges with a crime.

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) or arrest will be expedited if the employee provides the Superintendent a copy of:

 

A.

the criminal charges(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; and

 
 

D.

any police report or accident report prepared by law enforcement.

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

 

A.

the relevance of the circumstances of the arrest/charge(s) 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);

 
 

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 or be placed on administrative leave or suspension.

Approved 5/1/12

© Neola 2011