GCDA/GDDA: Criminal Records Checks and Fingerprinting

GCDA/GDDA-AR: Criminal Records Checks and Fingerprinting

Code: GCDA/GDDA

Adopted: 10/14/10

Revised/Readopted: 3/13/13; 5/14/14; 6/08/16;6/11/18

All newly hired employees, full-time and part-time, and not requiring licensure, shall be required to submit to a nationwide criminal records check and fingerprinting.  Individuals contracting with the district and their employees, who have direct, unsupervised contact with students, shall also be required to submit to a nationwide criminal records check and fingerprinting.

The district may begin the employment of an individual or district contractor and its employees on a

probationary basis pending the return and disposition of such checks.

The board shall require a criminal records check for individuals considered for use as volunteers for the district who have direct, unsupervised contact with students.

The district shall not shall not allow an individual to begin volunteer service until the return and disposition of such criminal records check.

“Direct, unsupervised contact with students” means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision.

An individual who has failed to disclose the presence of criminal convictions that would not otherwise prohibit his/her employment with the district as provided by law may be employed or contracted with the district upon the approval of the director of human resources.

Criminal records checks and fingerprinting fees as required by the Teacher Standards and Practices Commission shall be paid by the individual.

Fees associated with a criminal records check and/or fingerprinting for other individuals or contractors may be charged.

The identity of an individual requiring fingerprinting will be provided by the district to the authorized fingerprinter for verification.

An individual shall be subject to fingerprinting only after acceptance of an offer of employment or contract.

The superintendent is directed to develop administrative regulations to meet the requirements of applicable Oregon law.

Appeals

An individual eligible may appeal a determination that prevents his/her employment or eligibility to contract with the district to the Superintendent of Public Instruction as a contested case and will be so notified in writing by the ODE.

END OF POLICY

Legal Reference(s):

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (2012).

Cross Reference(s):

EEACA - School Bus Driver Examination and Training

IICC - Volunteers