John Glenn School Corporation
Administrative Guidelines
 

8121A - REPORTS OF ARREST, CRIMINAL CHARGES, CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT

Individual contractors and employees of an entity with which the School Corporation contracts for services who are likely to have direct, ongoing contact with children within the scope of the employee’s employment shall report their conviction for a crime to the Superintendent within forty-eight (48) hours of the conviction.

Individual contractors and employees of an entity with which the Corporation contracts for services who are likely to have direct, ongoing contact with children within the scope of the employee’s employment also shall report a substantiated report of child abuse or neglect of which the individual contractor/employee of a contractor is the subject to the Superintendent within forty-eight (48) hours of the issuance of the report. If the individual contractor/employee of a contractor does not receive notice of the issuance of the report until a later date, the individual contractor/employee of a contractor must report the substantiated report of child abuse or neglect of which the individual contractor/employee of a contractor 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 of the individual contractor/employee of a contractor or termination of the contract or removal of the contractor’s 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 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 individual contractor/employee of a contractor 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 individual contractor/employee of a contractor.

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 (or services provided) by the individual contractor/employee of a contractor;

     
 

B.

how recently the behavior occurred and the behavior of the individual contractor/employee of a contractor since that time;

   
 

C.

whether the individual contractor/employee of a contractor 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 position held (or services provided) by the individual contractor/employee of a contractor 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 individual contractor/employee of a contractor or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the individual contractor/employee of a contractor will be permitted to continue to provide services while the charges are resolved in the trial court, and will recommend that the individual contractor/employee of a contractor continue to provide services, be suspended, or be removed or that the contract be terminated or recommended for termination.

A substantiated report of child abuse or neglect of which the individual contractor/employee of a contractor is the subject need not automatically result in the suspension or removal of the individual contractor/employee of a contractor or termination of the contract. 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 (or services provided) by the individual contractor/employee of a contractor;

   
 

B.

how recently the behavior occurred and the behavior of the individual contractor/employee of a contractor since that time;

   
 

C.

whether the individual contractor/employee of a contractor 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 others that would result from an error in assessing the facts of the incident underlying the report;

   
 

G.

the extent to which the position held (or services provided) by the individual contractor/employee of a contractor 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 individual contractor/employee of a contractor or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the individual contractor/employee of a contractor will be permitted to continue to provide services while the Superintendent completes his/her investigation and will recommend that the individual contractor/employee of a contractor continue to provide services or be suspended. A substantiated report of child abuse or neglect of which the individual contractor/employee of a contractor is the subject may result in the termination of the contract and/or the removal of that contractor’s employee.

Approved 2/21/17

© Neola 2016