3121 - CRIMINAL HISTORY RECORD CHECK

West Clermont Local School District

Administrative Guidelines

3121 - CRIMINAL HISTORY RECORD CHECK
New Employees

Prior to making any offer of employment to a new applicant for a professional staff position, whether it be for full-time or part-time employment, the following procedure is to be used:

	A.	The applicant must be informed either by direct communication or by information on the application form that a criminal history record check must be obtained at the expense of the applicant and submitted at the time of application to the District. The applicant should be told to indicate on the request that the criminal history record check is being required by R.C. 3319.39. (see Form 3121 F1)

	B.	The prospective employee may submit or ask the District to obtain from the Bureau of Criminal Identification and Investigation (BCII) the results of a criminal history record check conducted by BCII providing the application is within twelve (12) months of the date the check was done.

	C.	The prospective employee is to submit a set of fingerprints on an authorized format prescribed by the BCII which will also be submitted to the Federal Bureau of Investigation (FBI) for criminal history information.

	D.	Each request must be accompanied by a check, payable to the West Clermont Local Schools Board of Educationin the amount stipulated by the Board of Education. Costs related to obtaining the criminal history record check are to be borne by the applicant.

	E.	When the certified report is presented by the candidate, a photocopy is to be made for possible insertion in the person's confidential personal file, should s/he be employed, and the original returned to the applicant.

	F.	The Superintendent shall determine whether or not to consider disqualification of a prospective employee based on the records check.


	G.	All information received from the records check shall be kept confidential by the person receiving the report and is to be shared only with the Superintendent. If the prospective employee is subsequently employed, the record check shall be kept in his/her confidential file. If not employed, it shall be returned to the prospective employee.

Offenses

No person is to be employed if s/he has been convicted of any of the following offenses:

	A.	aggravated murder, murder, voluntary manslaughter, involuntary manslaughter

	B.	felonious assault, aggravated assault, assault

	C.	failing to provide for a functionally impaired person

	D.	aggravated menacing

	E.	patient abuse or neglect

	F.	kidnapping, abduction, child stealing, criminal child enticement

	G.	rape, sexual battery, corruption of a minor, gross sexual imposition, sexual imposition, importuning, voyeurism, public indecency, felonious sexual penetration, compelling prostitution, promoting prostitution, procuring prostitution, disseminating matter harmful to juveniles, pandering obscenity, pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, illegal use of a minor in nudity-oriented material or performance

	H.	aggravated robbery, robbery

	I.	aggravated burglary, burglary

	J.	abortion without informed consent

	K.	endangering children

	L.	contributing to the delinquency of children

	M.	domestic violence


	N.	carrying concealed weapons, having weapons while under a disability, improperly discharging a firearm at or into a habitation or school

	O.	corrupting another with drugs

	P.	trafficking in drugs

	Q.	illegal manufacture of drugs or cultivation of marijuana

	R.	funding of drug or marijuana trafficking

	S.	illegal administration or distribution of anabolic steroids

	T.	drug possession offenses (that are not a minor drug possession offense)

	U.	placing harmful objects in or adulterating food or confection

	V.	a felony

	W.	an offense of violence

	X.	a theft offense (as defined in R.C. 2913.01)

	Y.	a drug offense (as defined in R.C. 2925.01, that is not a minor misdemeanor)

Current Employees

Prior to January 1, 2010, any current licensed professional staff member, as defined in Policy 8141, shall be required to undergo a criminal record check as described above, upon renewal of any license, certificate or permit. After January 1, 2010, a current licensed professional staff member will not be required to undergo a subsequent criminal history records check conducted by BCII if the employee: 1) has previously had a BCII criminal records check (for employment or licensure purposes); and 2) provides proof of continuous Ohio residency for the preceding five (5) years. Under such circumstances, the current licensed professional staff member will only be required to undergo a criminal history records check through the FBI. In the case of a professional staff member holding a permanent teaching certificate, such criminal background check shall occur no less than every five (5) years on or before September 5th of the fifth year.

Waiver

The State Department of Education may waive the requirements of a criminal background check for those professional staff members seeking the issuance or renewal of a license, certificate or permit, who have undertaken such process within the immediately preceding year.

Effect of Guilty Plea and/or Conviction of Enumerated Crimes

Professional staff members determined by virtue of a criminal records check to have pled guilty to or have been convicted of any offense enumerated under R.C. 3319.39(B)(1), including a judicial finding for intervention in lieu of conviction and/or participation in a pre-trial diversion program relating to any of the offenses listed therein and described above, or who are otherwise determined to have engaged in conduct unbecoming the teaching profession under certain specific circumstances set forth in Policy 8141, are subject to mandatory State reporting requirements in addition to the initiation of an action by the Board to terminate their employment.