John Glenn School Corporation
Administrative Guidelines
 

8120A - REPORTS OF ARREST, CRIMINAL CHARGES, CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT

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

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

Arrest, the filing of criminal charges, or conviction need not automatically result in the removal of the volunteer. 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 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 volunteer 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 courtís entry of a criminal conviction against the volunteer.

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 volunteer;

     
 

B.

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

   
 

C.

whether the volunteer 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 others that would result from an error in assessing the facts of the arrest, charge(s), or conviction;

   
 

G.

the extent to which the volunteerís duties involve 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 School Corporation, i.e., was it reported by the volunteer or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the volunteer will be permitted to continue to volunteer while the charges are resolved in the trial court, and will recommend that the volunteer continue to volunteer or be removed.

A substantiated report of child abuse or neglect of which the volunteer is the subject need not automatically result in the removal of the volunteer. 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 volunteer;

   
 

B.

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

   
 

C.

whether the volunteer 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 volunteers that would result from an error in assessing the facts of the incident underlying the report;

   
 

G.

the extent to which the volunteerís duties involve 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 volunteer or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the volunteer will be permitted to continue to volunteer while the Superintendent completes his/her investigation and will recommend that the volunteer continue to volunteer or be removed. A substantiated report of child abuse or neglect of which the volunteer is the subject may result in the removal of the volunteer.

Approved 2/21/17

© Neola 2016