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DP374 – Employment Background Checks

  • Effective: 7/13/2010
  • Revision: 7/30/2024
  • Reviewed: 8/30/2016
  1. Board Directive
    Board of Education believes all employees are role models for students and is committed to providing a safe and secure educational and working environment for students and employees.  As part of this effort, the District requires criminal background checks of licensed and non-licensed employees pursuant to Utah Code Ann. §53E-6-401, and Utah Code 53G-11-402, rules, and regulations, and in accordance with this policy.  The Board delegates to the Administration the authority to establish policy regarding employment background checks.
  2. Administrative Policy
    1. Definitions
      1. “Licensed Educators” or “Licensed Employees” are individuals who hold a valid Utah educator license and have satisfied all requirements to be a Licensed Educator in the Utah public school system or is on a Letter of Authorization from the Utah State Board of Education (USBE) (i.e., school teachers, school administrators, psychologists, counselors, specialists, licensed substitute teachers, etc.). Licensed Educators may or may not be employed in a position that requires an educator license.  Licensed Educators include individuals who are student teaching, who are involved in an alternative route to licensure program or individuals who hold District specific licenses.
      2. “Non-Licensed Employees”  - For purposes of this policy, non-licensed employees includes all education support professionals, both full-time and part-time, miscellaneous employees, substitutes, coaches, advisors, nurses, volunteers with significant unsupervised access to students, etc.
      3. “Criminal History Report” is a document generated by the Utah Bureau of Criminal Identification (BCI) and/or Federal Bureau of Investigation (FBI) after a fingerprint-based search of the state and national criminal history files and/or other state and federal databases designated by applicable law or by the District.
      4. “Background Check” means information on an applicant or employee that may include, but is not limited to, employment history, fingerprint scans, Criminal History Reports, and driving record reports.
      5. “Prospective Employee” is defined as the individual who is selected as the “successful applicant” for a particular position in the District. Prospective Employee also includes, but is not limited to, substitutes, coaches and volunteers who have significant unsupervised access to students.  (Utah Code 53G-11-402).
      6. “Alcohol-related offense” means a violation under Utah Code Title 41, Chapter 6a. Part 5 (except for offenses not involving alcohol or drugs), Utah Code 76-9-701, Utah Code 32B-4-403, a related inchoate offense under Utah Code Title 76 Chapter 4, and any offense under federal law or the laws of another state that is substantially equivalent to these offenses.
      7. “Drug-related offense” means a violation under Utah Code Title 58, Chapter 37, 37a, 37b, 37c, 37d, or 37e, a related inchoate offense under Utah Code Title 76 Chapter 4 and any offense under federal law or the laws of another state that is substantially equivalent to these offenses.
      8. “Offense against a person” means a violation under Utah Code Title 76, Chapter 5 or Chapter 5b, a related inchoate offense under Utah Code Title 76, Chapter 4, and any offense under federal law or the laws of another state that is substantially equivalent to these offenses.
      9. “Sex offense” includes any sex-related offense against a person, a violation of Utah Code 76-9-702, 76-9-702.1, or 76-9-702.5, any offense which would require registration as a sex offender under Utah Code 77-41-105(3) and any offense under federal law or the laws of another state that is substantially equivalent to these offenses,
    2. Employment Screening
      1. Utah law requires background checks on all prospective employees. Accordingly, the District requires each prospective employee to submit to a background check prior to employment or service in the District.  However, the prospective employee may begin working or volunteering while the background check is in process.
      2. The District will pay the cost of the background check. The background check is a condition of employment or volunteering if:
        1. the prospective employee is selected as the “successful applicant” for the particular job or volunteer position; and
        2. the prospective licensed employee has not been the subject of a background check of similar scope during the preceding two (2) years that was requested by the USBE.
        3. Volunteers with significant unsupervised access to students must also complete a background check.
      3. The prospective employee will be considered an at-will, temporary employee pending results of the criminal background check. The District may require additional information from the prospective employee.  If the prospective employee begins an at-will temporary position and subsequently fails to pass the criminal background check, the offer of employment with the District will be rescinded or the prospective employee will be dismissed. Upon successful completion of the background check, the at-will employee’s job status would change to a provisional employee as outlined in District policies, if applicable.
      4. The prospective employee shall have the opportunity to respond in writing to any information received as a result of the background check. In no case will the prospective employee be given a copy of the Criminal History Report.  The prospective employee may be given the opportunity to expunge the conviction(s) as outlined in the BCI expungement guidelines.
      5. Prospective employees with the following types of convictions or pleas will not be considered for employment, regardless of expungement eligibility:
        1. any felony sex offense or felony offense against a person;
        2. any violent felony as defined in Utah Code 76-3-203.5(1)(c), or felony inchoate offense under Utah Code Title 76 Chapter 4 relating to such a felony and any offense under federal law or the laws of another state that is substantially equivalent to these offenses;
        3. any felony alcohol-related offense or felony drug-related offense occurring in the previous fifteen (15) years;
        4. any sex offense occurring in the previous twenty (20) years;
        5. any class A misdemeanor offense against a person occurring in the previous fifteen (15) years;
        6. any offense related directly to the essential functions of the prospective employee’s position occurring in the previous ten (10) years.
      6. Prospective employees with the following types of convictions or pleas (which are not otherwise identified in Section 5 to preclude employment) may only be considered for employment at the approval of the Superintendent and notification to the Board in a closed meeting:
        1. any felony;
        2. two or more class A misdemeanor offenses occurring in the previous ten (10) years.
      7. Upon written request by the prospective employee to review the background check, the matter shall be submitted for an administrative review. The prospective employee shall be granted an informal review at which the prospective employee may present documentary and/or verbal evidence for review and reconsideration.  The decision of the administration regarding this review shall be final.
      8. If a prospective employee is denied employment due to information obtained through a criminal background check, the prospective employee shall be given written notice of reasons for denial and shall have the opportunity to respond to the reasons in writing and to have an informal administrative review as set forth in section B. 7. of this policy. If a current employee is dismissed from employment because of information obtained through a background check, the District will follow the procedures as outlined in District Policy DP316 NEG Licensed, DP316A Administrators, or DP316B Education Support Professionals.
      9. Each current employee and prospective employee must agree to have his/her fingerprints taken and sign a document of acknowledgment 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. Student employees under the age of eighteen (18) years are not required to be fingerprinted.
    3. Licensed Employees—Background Checks
      The District shall conduct background checks for all Licensed Employees between January 1 and June 30 in the year in which their licenses are to be renewed through USBE.
    4. Licensed Employees—Reporting of Arrests, Citations, Charges and Convictions
      1. A licensed employee who is arrested, cited or charged for any of the following alleged offenses shall report the arrest/citation/charge to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
        1. any matters involving arrests for alleged sex offenses;
        2. any matters involving arrests for alleged drug-related offenses;
        3. any matters involving arrests for alleged alcohol-related offenses;
        4. any matters involving arrests for alleged offenses against the person. This includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
        5. any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
      2. A licensed employee shall report all convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
      3. A licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
      4. A licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
      5. The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
      6. The Superintendent or his/her designee shall report a conviction, arrest, or offense information received from a licensed educator to the USBE within forty-eight (48) hours of receipt of information from licensed educators. This will be reported on the USBE electronic reporting link on the USBE website, and where reasonable cause exists, an existing employee must submit to a background check.
      7. Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District and will:
        1. include final Administrative determinations and actions following investigation; and
        2. be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
      8. Any failure to report an arrest/citation/charge or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the District’s Orderly Termination Policy (DP316 NEG or DP316A).
    5. Non-Licensed Employees—Background Checks
      The District shall conduct background checks for all Non-Licensed Employees.  The District will  pay the applicable background check fee.
    6. Non-Licensed Employees—Reporting of Arrests, Citations, Charges and Convictions
      1. A non-licensed employee who is arrested, cited or charged for any of the following alleged offenses shall report the arrest/citation/charge to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
        1. any matters involving arrests for alleged sex offenses;
        2. any matters involving arrests for alleged drug-related offenses;
        3. any matters involving arrests for alleged alcohol-related offenses;
        4. any matters involving arrests for alleged offenses against the person. This includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
        5. any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
      2. A non-licensed employee shall report all convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
      3. A non-licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
      4. A non-licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
      5. The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
      6. The Administrator of Human Resources, or designee, shall review arrest or conviction information and make employment decisions that protect both the safety of students and/or employees and the confidentiality and due process rights of employees.
      7. Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District, and will:
        1. include final administrative determinations and actions following investigation; and
        2. be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
      8. Any failure to report an arrest/citation/charge or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the District’s Orderly Termination Policy (DP316 NEG or DP316A).
    7. District Responsibilities
      1. When arrest/conviction information is received by the District regarding a Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employment status consistent with Utah Code 53E-6-604, Utah Administrative Code, R277-215, and District policy. The District will also report the arrest to the USBE within forty-eight (48) hours.
      2. When arrest/conviction information is received by the District regarding a Non-Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employee's employment status consistent with applicable Utah law, rules, regulations, District policy, and any applicable Employment Agreements or Memorandums of Understanding.
      3. The District shall provide appropriate training to Licensed and Non-Licensed Employees about the provisions of this policy for self-reporting and ethical behavior.