Kent City Community Schools
Administrative Guidelines
 

4121.01 - CRIMINAL CONVICTION REVIEW PROCESS

When the District has official notice or authoritative information that an applicant or employee of the District has a criminal conviction or has pending felony charges, the Superintendent will conduct or direct an appropriate inquiry and make a determination of the need for further action in accordance with Board Policy 4121.01.

Upon notice of:

 

A.

conviction of a listed offense under M.C.L. 28.722,

   
 

B.

conviction of a crime listed under M.C.L. 380.1535a,

   
 

C.

conviction of any felony,

the employee or contracted employee will be placed on administrative leave and not allowed upon school property or at school functions without prior written approval from the Superintendent. The leave will be without pay to the extent permitted by law and any applicable bargaining agreement or contract. If the Board determines not to discharge or discipline the individual as a result of the conviction, the employee will be made whole for any lost wages while on administrative leave.

An applicant with any of the above convictions or arraignments will not be considered further for employment, pending resolution of the pending charges or review by the Superintendent.

The Superintendent shall notify the applicant/employee of the information received regarding the pending charge or conviction and set a date to meet to discuss the information. This appointment shall be scheduled within five (5) days of receiving information of a conviction or a pending felony charge. If the individual fails to show without prior notice and reasonable justification, the Superintendent shall proceed upon the information available.

The Superintendent shall allow the applicant/employee the opportunity to address the information regarding the conviction or pending felony charge. The individual may provide any information relevant to the inquiry, such as misidentification, mitigating factors or other information that would bear on his/her suitability for continued employment in the District.

The Superintendent will issue a written recommendation regarding employment or continued employment in light of the conviction or pending felony charges. Such recommendation must contain the reasons for the recommendation. A copy of the recommendation shall be provided to the applicant/employee. This will be completed within five (5) days of the interview, or scheduled interview if the individual does not appear.

The applicant/employee may withdraw from consideration or resign, without further action by the District or the Board.

If the individual does not withdraw/resign, then the Superintendent shall reject/discharge any non-tenured individual who has been convicted of a "listed" offense under M.C.L. 28.722.

All recommendations related to employment or continued employment based on felony convictions, or convictions of tenured staff for "listed" offenses under M.C.L. 28.722, shall be referred to the Board.

All other recommendations related to employment or continued employment based on convictions or pending felony charges shall be referred to the Board for action no later than its next regularly scheduled Board meeting.

Recommendations referred to the Board shall be taken up by the Board no later than the next regularly scheduled meeting after the issuance of the Superintendent's recommendation.

The Superintendent shall be present to address any questions from the Board regarding the recommendation.

The individual may request a closed session for the Board to consider the Superintendent's recommendation. The individual may present information to the Board. The individual may have a representative present with him/her for the presentation.

The Board may deliberate in closed session with the consent of the individual. The determination by the Board on employment or continued employment must occur in open session. If the Board determines to allow an individual to gain employment or continue employment despite having a criminal conviction or pending felony charge, it shall state the reasons for the determination in the motion to allow the individual to obtain or retain employment.

The Board Secretary shall have the motion and reasons reduced to writing and sign the document on behalf of the Board.

Any individual who the Board determines not to allow to obtain or retain employment based on a criminal conviction or pending felony charges will be notified in writing by the Superintendent of the Board's decision.

© Neola 2011