GCDA/GDDA-AR - Criminal Records Checks/Fingerprinting

Code: GCDA/GDDA-AR
Adopted: 8/13/97
Re-adopted: 2/10/16
 

Subject Requirements

  1.  Any individual newly hired and not requiring licensure as a teacher, administrator, personnel specialist or school nurse shall be required to undergo a nationwide criminal records check and fingerprinting.

Direct, unsupervised contact with students, as defined by Oregon Administrative Rule and as used throughout this administrative regulation, means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision.

The district has determined employees who have positions within the following work groups may have such contact with students and will therefore be required to meet criminal records checks and fingerprinting requirements:

  1.  Classified Employees Group;
  2.  Confidential Employees Group;
  3.  Substitutes;
  4.  Extracurricular activity employees, including:
    1.  Coaches/athletic trainers;
    2.  Club, organization or other such extracurricular advisors not requiring licensure.
  5. Others, as identified by the superintendent, employed by the district on a part-time or full-time basis not requiring licensure and having direct contact with students.
  1. Individuals applying for licensure or reinstatement of a license that has lapsed must meet standards and requirements set by the Teacher Standards and Practices Commission (TSPC). 

Requirements, including applicable fees and the process for the collection and submission of fingerprints, etc., will generally be met by the individual as a part of the licensing process and in accordance with rules established by the TSPC. 

  1.  Any individual registering with TSPC for student teaching, practicum or internship as a teacher, administrator or personnel specialist shall be required to undergo a nationwide criminal records check and fingerprinting with TSPC. 

An exception will be made to fingerprinting if the district has on file evidence from a previous employer documenting a successfully completed Oregon Department of Education (ODE) or TSPC verification.

Additional evidence that the employee has not resided outside the state between the date of fingerprinting and working in the district shall be maintained. 

Notification

  1.  The district will provide notification to individuals subject to criminal records checks and fingerprinting of the following:
    1.  Such checks are required by law and/or Board policy;
    2.  Any action resulting from those checks may be appealed as a contested case;
    3.  All employment or contract offers are contingent upon the results of such checks;
    4.  A refusal to consent to criminal records checks or fingerprinting or falsely stating on district employment application, contract or ODE fingerprint forms as to conviction of a crime shall result in immediate termination from employment or contract status.
  2.  The district will provide notice through such means as employment applications and contract forms.

Processing/Reporting Procedures

  1.  Any individual subject to criminal records checks and/or fingerprinting shall, as part of the application process, complete the appropriate forms.  A copy will be kept on file by the district.
  2.  If the individual is subject to fingerprinting, he/she will be required to report to the Office of Human Resources for fingerprinting.

Individuals shall be subject to criminal records checks and/or fingerprinting only after acceptance of an offer of employment or contract.

Fees

  1.  Fees associated with criminal records checks and/or fingerprinting, for licensed individuals shall be paid by the individual or in accordance with negotiated agreements as applicable.
  2.  Fees are payable prior to beginning employment, volunteer service, or contract.
  3.  Individuals not requiring licensure may request that the amount of the fee be withheld from the employee’s paycheck, in accordance with Oregon Administrative Rules.  The district may withhold such fees only upon the request of the individual.

Termination of Employment/Volunteer Service or Withdrawal of Employment/Contract Offer

  1.  Any individual required to submit to criminal records checks and/or fingerprinting in accordance with law and/or Board policy will be terminated from consideration as a district volunteer, and employment or contract status, or withdrawal of offer of employment or contract will be made by the superintendent immediately upon the following:
    1.  Refusal to consent to a criminal records check and/or fingerprinting; or
    2.  Notification by the Superintendent of Public Instruction or his/her designee or the State Board of Education that the employee has made a false statement as to conviction of a crime or conviction of crimes prohibiting employment with the district as specified in law.
  2.  Termination shall remove the individual from any district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of Oregon Fair Dismissal Law, and Accountability for Schools for the 21st Century Law. 

Appeals

  1.  An individual may appeal a determination which prevents their employment or eligibility to contract with the district to the Oregon Superintendent of Public Instruction.  Individuals eligible to appeal as a contested case will be so notified in writing by the ODE.