7110 - Employment Background Checks
References:
Utah Code Ann., §53A-3-410
Utah Code Ann., §53A-6-401, et seq.
Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person
Utah Administrative Code, R277-501
Utah Administrative Code, R277-516
- PURPOSE AND PHILOSOPHY
Weber School District is committed to providing a safe and secure educational and working environment for students and employees. As part of this effort, Weber School District requires criminal background checks of licensed and non-licensed employees pursuant to Utah state laws, rules, and regulations, and in accordance with this policy. - DEFINITIONS
2.1 “Licensed Educators” or “Licensed Employees” means individuals who hold a valid Utah educator license or who are on a Letter of Authorization from the Utah State Office of Education (i.e., teachers, administrators, psychologists, counselors, specialists, licensed substitute teachers, etc.) Licensed employees including those who have a license that are not employed in a position that requires an educator license. Licensed educators include individuals who are student teaching, who are involved in the alternative routes to licensure program, and individuals who hold Weber School District specific licenses.
2.2 “Non-Licensed Employees and Volunteers” Other employees of Weber School District, except licensed employees. Nurses, non-licensed substitute teachers, volunteers and Weber School District student employees who have significant unsupervised access to students is included in this category. - BACKGROUND CHECKS
3.1 Utah law requires background checks on all employees. Accordingly, Weber School District requires each prospective employee to submit to a background check prior to employment or service in the District.
3.1 A. In the event of an urgent need to fill a teacher vacancy, the teacher may begin working as an at-will employee while the background check is being completed if he or she has met all the following criteria:
Verification of a current teaching license in another state through personal contact with that state Department of Education.
Teacher has two satisfactory recommendations from his/her prior teaching assignment; and Prospective teacher is in the process of completing a background check and applying for Utah teaching license.
3.1 B. In the event of an urgent temporary need for a substitute employee, all the following criteria should be applied:
Established process for finding a substitute has been followed and no qualified substitutes are available.
Position is of such a nature that student’s learning and/or safety would be significantly affected if this position were not filled.
After careful evaluation of the impact the emergency substitute will have on students, the substitute is approved by the building level administrator.
Individual must complete background check in a reasonable amount of time in order to continue as a substitute, and,
School must notify the Human Resources Department with the name of the individual who is substituting.3.2 Prior to beginning employment or volunteering, the successful applicant shall pay the cost of the background check.
3.3 Weber School District shall consider only those convictions which are job-related. The prospective employee shall have an opportunity to respond to any information received as a result of the background check.
3.4 Weber School District shall resolve any request for review by the prospective employee through applicable administrative procedures established by the district.
3.5 If a current employee is dismissed from employment because of information obtained through a background check, the person shall receive written notice of the reasons for dismissal and have an opportunity to respond to the reasons for the dismissal.
3.6 Each current employee and prospective employee must agree to have his/her fingerprints taken and sign a document of acknowledgement and waiver permitting the district to request a background check of any state or federal criminal history file that the district might deem applicable as a condition of employment or volunteering.
- LICENSED EMPLOYEES – BACKGROUND CHECKS
The state of Utah requires licensed employees, in the year in which their license is to be renewed, to complete a background check between January 1 and June 30. - NON-LICENSED EMPLOYEES/VOLUNTEERS – BACKGROUND CHECKS
5.1 Weber School District shall conduct periodic background checks for all non-licensed employees and volunteers every six (6) years.
5.2 Volunteers who have “significant unsupervised access to a student” shall complete a background check before being allowed to have such access in Weber School District schools.
- 5.2 A. Building administrators will determine whether the volunteer’s duties require him or her to have significant unsupervised access to students - thus the need for a background check.
- 5.2 B. All volunteer coaches will be required to have a background checks.
- 5.2 C. Volunteers will pay for the background check unless the school elects to make the payment for them.
- 5.3 D. Volunteers whose duties do not require them to have a background checks, will be under visual supervision of an employee of Weber School District when they have significant contact with students.
- 5.2 A. Building administrators will determine whether the volunteer’s duties require him or her to have significant unsupervised access to students - thus the need for a background check.
- LICENSED EMPLOYEES/NON-LICENSED EMPLOYEES/VOLUNTEERS – REPORTING OF ARRESTS AND CONVICTIONS
6.1 All employees who are cited, charged or arrested for any of the following alleged offenses must report the fact that they have been cited, charged or arrested within forty-eight (48) hours or as soon as possible to the Superintendent or designee:
6.1 A. any matters involving alleged sex offenses;
6.1 B. any matters involving alleged drug-related offenses;
6.1 C. any matters involving alleged alcohol-related offenses;
6.1 D. any matters involving alleged offenses against another person including, but not limited to, crimes related to assault, harassment, threats, hazing, abuse, neglect, exploitation, endangerment, domestic violence, kidnapping, murder, trafficking, stalking, rape, sexual assault, etc.
6.1 E. any matters relating to violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
6.1 F. any matters involving felony theft, and
6.1 G. any matters involving minors.6.2 Failure to report as specified above will result in disciplinary actions up to and including termination.
6.3 An employee shall report any convictions for any crime, including pleas in abeyance and diversion agreements, within forty-eight (48) hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance, or diversion agreement.
6.4 The Superintendent or designee shall report a conviction, arrest, or offense information received from a licensed educator to the USOE within forty-eight (48) hours of receipt of information from licensed educators.
6.5 Records of convictions shall be placed in the employee’s personnel file upon receipt by Weber School District and will include final administrative determinations and actions following investigation. - DISTRICT RESPONSIBILITIES
7.1 When information about an alleged crime or conviction is received by Weber School District regarding a licensed employee, the Superintendent or designee shall review the information and assess the employment status consistent with Utah Code and District policy. The district will also report the matter to the USOE within forty-eight (48) hours.
7.2 When information about an alleged crime or conviction is received by Weber School District regarding a non-licensed employee, the Superintendent or designee shall review that information and assess the employee’s employment status.
7.3 Weber School District shall provide appropriate training to licensed and non-licensed employees about the provisions of this policy for self-reporting and ethical behavior.
7.4 Weber School District shall cooperate with the USOE in investigations of licensed educators.
Approved by the Board 04/09/2014