Policy Number: 2090
Date: January 14th, 2016
Background Checks Policy
Table of Contents
Purpose
American Leadership Academy requires a criminal background check of licensed and non-licensed employees, and volunteers pursuant to Utah state laws, rules and regulations and in accordance with this policy.
Definitions
1. “Background Check” means the process by which the Criminal History Report of an applicant or employee is retrieved.
2. “Criminal History Report” is a document generated by the Bureau of Criminal Identification after a search of the State of Utah’s criminal history files and/or other state and federal databases designated by applicable law.
3. “License applicant” means an individual applying to the State Board of Education for a license or an individual applying to the State Board of Education for reinstatement of an expired, lapsed, suspended, or revoked license.
4. “Licensed Educator” means an individual employed by American Leadership Academy who holds a valid Utah educator license and has satisfied all requirements to be a Licensed Educator in the Utah public school system. Licensed Educators also include individuals who are student teaching, interning, involved in the alternative routes to licensure, have a letter of authorization or hold school specific licenses.
5. “Non-licensed Employee” means an individual employed by the school who does not hold a current Utah educator license.
6. “Personal Identifying Information” means the following: Current names, former names, nicknames and aliases; date of birth; address; telephone number; driver license or other government-issued identification number; Social Security number; and fingerprints.
7. “Volunteer” means an individual who has been authorized to donate time and services to the school and who has been given significant unsupervised access to a student.
8. “Rap Back System” is a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system.
9. “WIN Database” is the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.
Background Checks of Non-Licensed Employees & Volunteers
Utah law requires Background Checks and ongoing monitoring of all Non-licensed Employees and Volunteers (Utah Code Ann., 53A-15-1503). Accordingly, American Leadership Academy requires each applicant for employment to submit to a Background Check prior to employment.
Each prospective employee must consent to an initial Background Check and for ongoing monitoring through registration with the WIN Database Rap Back System and the Rap Back System maintained by the Federal Bureau of Investigation. Student employees under the age of eighteen years are not required to be fingerprinted.
To facilitate completion of the Background Check, each prospective employee shall provide Personal Identifying Information to the school.
The Background Check is a condition of employment or volunteering, consistent with Utah Code Annotated Section 53A-15-1503, the prospective employee shall pay all costs of the Background Check.
When making decisions regarding initial employment of prospective employees the school shall consider the following: Any convictions or evidence of conduct involving a felony; an alleged sexual offense; a drug offense; or criminal offense of any type.
If the prospective employee is disqualified as a result of the Criminal History Report, the school shall provide the disqualified applicant with written notice of the reasons for disqualification and the disqualified applicant’s right to request a review of the disqualification consistent with Utah Code Ann., Section 53-10-108(4)(e).
Background Checks of Licensed Employees
The State Board of Education requires all License Applicants to submit to a Criminal Background Check and ongoing monitoring as a condition for licensing or renewing a license.
Licensed Employees Reporting of Arrest & Convictions
A Licensed Educator who is arrested, cited, or charged with any of the following alleged offenses shall report the arrest, citation, or charge within forty-eight hours or as soon as possible to the Director or his/her designee: Any matters involving an alleged sex offense; an alleged drug-related offense; an alleged alcohol-related offense; an alleged offense against a person as set forth in Utah law and for employees who drive motor vehicles as an employment responsibility, any matters relating to arrests for violations of the vehicle code including, but not limited, to reckless driving, etc.
A Licensed Educator shall report convictions and any kind of court probation, within forty-eight hours or as soon as possible upon receipt of notice of the conviction.
A Licensed Educator may be immediately suspended from his/her duties and placed on either suspension or paid administrative leave for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
A Licensed Educator may be immediately suspended from transporting students or driving a school vehicle for alleged offenses involving alcohol or drugs during the period of investigation.
The Director or his/her designee shall report conviction, arrest, or offense information received from a Licensed Educator to the USOE within forty-eight hours of receipt of the information from the Licensed Educator.
The Director shall review arrest and make employment decisions that protect both the safety of the students and/or employees and the confidentiality and due process rights of employees.
Non-Licensed Employees & Volunteers Reporting of Arrests & Convictions
Individuals who are subject to Background Checks who are arrested, cited, or charged with any of the following alleged offenses shall report the arrest, citation, or charge within forty-eight hours or as soon as possible to the Director or his/her designee: Any matters involving an alleged sex offense; an alleged drug-related offense; an alleged alcohol-related offense; an alleged offense against a person as set forth in Utah law and for employees who drive motor vehicles as an employment responsibility, any matters relating to arrests for violations of the vehicle code including, but not limited, to reckless driving, etc.
An individual shall report convictions and any kind of court probation, within forty-eight hours or as soon as possible upon receipt of notice of the conviction.
A Non-Licensed Employee may be immediately suspended from his/her duties and placed on either suspension or paid administrative leave for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
A Non-Licensed Employee may be immediately suspended from transporting students or driving a school vehicle for alleged offenses involving alcohol or drugs during the period of investigation.
The school will provide adequate due process for the accused employee consistent with the procedures set forth in any applicable Utah law.
The Director shall review arrest and make employment decisions that protect both the safety of the students and/or employees and the confidentiality and due process rights of employees.
School Responsibilities
By September 1, 2018 the school shall, for each non-licensed employee and volunteer who will be given significant unsupervised access to a student in connection with the volunteer’s assignment, collect personal identifying information including: current name, former names, nicknames and aliases; date of birth; address; telephone number; driver license number or other government issued identification number; Social Security number; and fingerprints and submit that personal identifying information to the Bureaus of Criminal Identification within the Department of Public Safety. Utah Code Ann., 53A-15-1501.