Fort Worth ISD EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CRIMINAL HISTORY AND CREDIT REPORTS

Similar documents
The District Volunteer Coordinator shall notify any volunteer who is not approved for volunteer service based on their criminal history record.

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

YORKTOWN COMMUNITY SCHOOLS Administration Office 2311 S. Broadway St. Yorktown, IN Phone: (765)

Juvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7

Eighth Judicial Circuit Administrative Office of the Courts Internship/Externship Program Instructions

IDAHO SEX-OFFENDER REGISTRATION AND NOTIFICATION

ALABAMA PRIVATE INVESTIGATION BOARD ADMINISTRATIVE CODE CHAPTER 741-X-6 DISCIPLINARY ACTION TABLE OF CONTENTS

Frequently Asked Questions about EEOC Guidance on Consideration of Criminal History

ROUGH ROCK COMMUNITY SCHOOL, INC. HC 61 Box 5050 PTT Rough Rock, Arizona Phone: (928)

Bethel Public Schools Human Resources

NORTH GEORGIA HEALTH DISTRICT County Board of Health Personnel Policy #504 Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield

Age Limits for Juvenile Law. Maneuvering through the labyrinth of the juvenile justice system begins with a

NOTICE When submitting your application you will be asked to complete a written test. Please allow approximately 30 minutes to complete testing.

Superior Court of Washington For Pierce County

INSTRUCTIONS FOR MOTION TO EXPUNGE

OVERVIEW OF IMMIGRATION CONSEQUENCES OF STATE COURT CRIMINAL CONVICTIONS. October 11, 2013

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY CERTIFICATE/LICENSE DISCIPLINE PROCESS FOR PREHOSPITAL PERSONNEL

CERTIFICATION PROCEEDING

C LASSIFIED E MPLOYMENT A PPLICATION

Information Memorandum 98-11*

SOUTH CAROLINA SEX-OFFENDER REGISTRATION AND NOTIFICATION

Texas Administrative Code

IMMIGRATION CONSEQUENCES OF SELECTED North Carolina OFFENSES: A QUICK REFERENCE CHART

Summer Science Camp Volunteer Counselor 2018 Application CHECKLIST

PROFESSIONAL APPLICATION Main and Mitchell Road P. O. Box 288 Booker, TX Ph: (806)

PC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:

WILDCAT YOUTH FOOTBALL CLUB. Developing The Future Since 1997 BY-LAWS. Rev L Adopted: July 26, 2012

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

POLICE DEPARTMENT APPLICANT REQUIREMENTS

Volunteer/Staff Screening Policy in Missouri Board Approved August 6, 2005 Board Revised April 15, 2011

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS

TEXAS SEX-OFFENDER REGISTRATION AND NOTIFICATION

Selected Ohio Felony Sentencing Statutes Ohio Rev. Code Ann

ILLINOIS SEX-OFFENDER REGISTRATION AND NOTIFICATION

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

Criminal Records and Expungement. Rhode Island Public Defender

87355 (Cont.) RESIDENTIAL CARE FACILITIES FOR THE ELDERLY Regulations

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW HOUSE BILL 822

SUSPENSION AND DISMISSAL 6.37 OPTION 2

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION CHAPTER 545 SENATE BILL 53

NEW MEXICO SCHOOL FOR THE DEAF 1060 Cerrillos Road Santa Fe, NM (505) V/TTY/VP (505) Fax Website:

Name Social Security No. Mailing Address Physical Address. City State Zip Phone ( ) Work Phone ( ) . First Choice Second Choice

Court Convictions and Assessment Periods

Juvenile Seal/Expunge. By: Michelle Hawthorne, Esq. Clinical Adjunct Professor and Staff Attorney, Pro Bono Director

West Rusk County Consolidated Independent School District P.O. Box 168 New London, TX Telephone (903) Fax (903)

Application for Employment

CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION

Standards for Employment of School Bus and School Van Drivers with Criminal Charges and Convictions

Effective October 1, 2015

IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA FAMILY DIVISION., : Plaintiff : : vs. : :, : Defendant : NO.

Criminal Gangs/Gang-Free Zones

GOLDEN OAKS VILLAGE GENERIC JOB APPLICATION FORM

CHAPTER 7.00 BUSINESS SERVICES. Background Screening of Noninstructional Contractors 7.142

OREGON ADMINISTRATIVE RULES OREGON DEPARTMENT OF FISH AND WILDLIFE DIVISION 600 CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES

General Criminal Scoring Criteria & Information. Registry Hit pending & active deferred. Score Decisional if no possible Pattern exists.

Criminal and Credit Background Checks for Guardians

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

FLORIDA 4-H VOLUNTEER PACKET

VOLUNTEER BACKGROUND CHECK Acknowledgment Form *Non-employment Background Checks Only*

CARSON CITY JUSTICE & MUNICIPAL COURT SEALING OF RECORDS INFORMATIONAL PACKET (REVISED JUNE 2015)

Substitute for HOUSE BILL No. 2159

NEVADA COUNTY SHERIFF S OFFICE

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

IN THE COURT OF COMMON PLEAS FOR HUNTINGDON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW

SUPCR 1106 FOR COURT USE ONLY

Representing Foreign Nationals in Criminal Proceedings

Colorado Legislative Council Staff

Ohio Felony Sentencing Statutes Ohio Rev. Code Ann (2018)

Living Arrangements for the Developmentally Disabled, Inc. (LADD) Consent for Obtaining Background Checks. Name: Social Security Number: - -

Involuntary Suspension Without Pay, Demotion, Reduction of Pay Step in Class, or Dismissal of Permanent Classified Employees

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

FREMONT COUNTY SCHOOL DISTRICT #14. Classified Application PERSONAL DATA

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

Senate Bill No. 125 Senator Ford. Joint Sponsor: Assemblyman Frierson

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

CHANGES: An Arrest is taking a person into custody, in a case and in the manner authorized by law. (Penal Code 834.)

NEW YORK STATE WEST YOUTH SOCCER ASSOCIATION (NYSWYSA) Risk Management Background Check Policy

Kim K. Ogg, Managing Partner, The Ogg Law Firm PLLC presents: Houston Bar Association Family Law Section

Immigration Violations

MUSEUM DAILY SUPPORT OPERATIONS VOLUNTEER APPLICATION CHECKLIST

BARRED OFFENSES REGULATED CHILD CARE Effective November 1, 2016

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Nov. 29, 2006, P.L. 1567, No. 178 Cl. 18

LORAIN METROPOLITAN HOUSING AUTHORITY. APPLICANT SCREENING PROCESS Revised July 2017

FINGERPRINT CLEARANCE: DOMESTIC VIOLENCE ARREST, PROSECUTION & CONVICTION

SENATE BILL No February 14, 2017

Padilla in Practice Series

GRANDVUE MEDICAL CARE FACILITY APPLICATION FOR EMPLOYMENT

CARBON COUNTY CUSTODY Intake: COMPLAINT/MODIFICATION/CONTEMPT Docket Number: Name: Date of Birth:

RULE 3 1 QUALIFICATIONS FOR ORIGINAL APPOINTMENT

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

DETERMINATE SENTENCING

MINNESOTA STATUTES 2016

CITY OF LAREDO CIVIL SERVICE COMMISSION

Transcription:

DEFINITIONS CRIMINAL HISTORY RECORD CRIMINAL HISTORY RECORD INVESTIGATIONS Convicted or conviction shall be construed to mean a conviction by a verdict, by a plea of guilt, or by a judgment of a court (with a jury having been waived), and without regard to the subsequent disposition of the case by suspension of sentence, probation, deferred adjudication, or other sentence. Moral turpitude shall include, but not be limited to, dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile or depraved acts that are intended to arouse or gratify the sexual desire of the actor; drug- or alcohol-related offenses as described in 19 TAC 249.16(b); or acts constituting abuse under Family Code 261.001. The District shall obtain criminal history record information on any person the District intends to employ. The District reserves the right to obtain criminal history record information on any District employee or applicant at any time. [See (LEGAL)] The District reserves the right not to employ any applicant or continue to employ any employee whose criminal history record indicates an arrest or conviction for a felony, a crime against people, an offense that poses a risk to children, a job-related crime, repeated arrests, or any other criminal activity of an applicant or employee judged to be inappropriate for a school employee. Criminal history record checks shall be completed at least annually with restrictions as follows: 1. Background investigations shall not be initiated without an approval or request by the director of the office of professional standards or designee. Verbal requests shall not be considered. 2. Information contained in criminal history records shall not be released by the liaison sheriff s deputy, except to authorized persons. A violation of this procedure may result in disciplinary and/or criminal action. The liaison sheriff s deputy and/or a District investigator shall conduct background investigations on all current District employees, and applicants who work in direct contact with students. Procedures for classification of computerized criminal histories are as follows: 1. For all applicants: a. A complete Tarrant County Criminal Justice record check shall be performed. DATE ISSUED: 12/4/2008 1 of 8 -X

b. A complete Texas Department of Public Safety criminal record check shall be performed. c. A Texas driver s license check, if applicable, shall be performed to ascertain if there are any driving while intoxicated (DWI) offenses, driving under the influence of drugs (DUID) offenses, obstructing public highway or passageway offenses, or outstanding traffic warrants. d. A warrant check shall be performed on regional, state, and national computer systems for each individual. e. Fingerprints and photographs shall be sent to the Texas Department of Public Safety in accordance with state prescribed mandatory procedures for national criminal history checks. An FBI fingerprint card may be sent to the FBI headquarters, to determine if the individual has a criminal record listed nationally. 2. For current employees: a. A Texas Department of Public Safety criminal record check shall be performed on all employees each year. b. A continuous Tarrant County record check shall be conducted on all current employees. c. A personalized background investigation, using the aforementioned tools, shall be conducted on any employee should the District receive any information regarding criminal activity. Employees shall notify the District within two business days if they are arrested, charged with, convicted of, granted deferred adjudication for, or if they have entered a plea of nolo contendere to any felony, any class A/B misdemeanor, or class C misdemeanor for public lewdness, prostitution offenses, or crimes against children. This notification shall be made verbally to their immediate supervisor and in writing to the office of professional standards. Failure to make such notification may result in termination of employment. [See DH] Any employee who has a conviction for DWI or DUID (including offenses reduced to obstructing public highway or passageway offenses) shall not transport students or drive a District vehicle for a period of ten years from the date of conviction. Procedures for background investigations are as follows: 1. When a candidate s application has been processed by the District, it shall be forwarded to the director of the office of DATE ISSUED: 12/4/2008 2 of 8 -X

professional standards complete with all necessary demographic and personal information. The director or designee shall ensure that all the proper applicant information is submitted to the Texas Department of Public Safety in accordance with state prescribed mandatory procedures for a national criminal history record check. The director or designee shall also send the application to the liaison sheriff s deputy for a local criminal record check. For current employees, the demographic and personal information necessary to complete a background investigation shall be gathered from the District s human resources department. 2. When a candidate s background investigation has been completed and there are no outstanding warrants, offenses involving moral turpitude, or other criminal history that would prohibit employment as defined by the District s criteria, a favorable review shall be forwarded to the assistant superintendent of human resources or designee. 3. If a candidate s background investigation reveals any offenses involving moral turpitude, or other criminal history that would prohibit employment as defined by the District s criteria, results shall be forwarded to the director of the office of professional standards, who shall inform the District s assistant superintendent of human resources or designee, or site administrator, of the unfavorable review. 4. If a background investigation reveals an outstanding warrant, information shall be forwarded to the appropriate police authority for review and action. 5. If a background investigation reveals an outstanding warrant or an offense involving moral turpitude with any current employee, information shall be forwarded to the appropriate police or certification authority, the director of the office of professional standards, and the assistant superintendent of human resources or designee. 6. All computerized criminal histories are confidential and shall be maintained by the liaison sheriff s deputy in the office of professional standards. These records shall not be a part of the individual s personnel record. OFFENSES THAT PRECLUDE EMPLOYMENT An individual whose criminal history record includes any of the following offenses shall not be considered for employment: 1. Felony: An individual shall not be granted employment with the District if the individual s criminal history indicates pending court action for a felony of the third degree or greater, or if in DATE ISSUED: 12/4/2008 3 of 8 -X

the past ten years, the individual has been convicted of a felony of the third degree or greater or of any offense equivalent to a felony of the third degree or greater, as defined by the Texas Penal Code or federal statutes. 2. Offenses or pending court action for felonies and misdemeanors involving moral turpitude. No individual shall be considered for employment with the District if the individual has ever: a. Been convicted of an offense that poses a risk of harm to children and/or the elderly, including but not limited to the following Texas Penal Code Statutes: (1) Rape or sexual assault (Texas Penal Code 22.01 and 22.021); (2) Physical, sexual, emotional abuse or neglect of a minor (Texas Penal Code 22.021, 22.04, and 22.041); (3) Incest/prohibited sexual conduct (Texas Penal Code 25.02); (4) Exploitation, including sexual exploitation, of a minor, or sexual misconduct of a minor (Texas Penal Code 43.05, 43.24, 43.25, 43.251, and 43.26); (5) Molestation of a child (Texas Penal Code 21.11); (6) Lewdness or indecent exposure (Texas Penal Code 21.07); (7) Possession, distribution, or sale of obscene or pornographic visual materials (Texas Penal Code 43.24 and 43.26); (8) Assault, battery, or any violent offenses involving a minor or the elderly (Texas Penal Code 22.01, 22.02, and 22.04); (9) Endangerment of a child (Texas Penal Code 22.041); (10) Removing a child from a state or concealing a child in violation of a court order (Texas Penal Code 20.03, 20.04, and 25.03); (11) Any type of child abduction (Texas Penal Code 25.03, 25.031, 25.04, 25.06, and 25.08); DATE ISSUED: 12/4/2008 4 of 8 -X

b. Pleaded guilty to any of the aforementioned offenses regardless of whether the plea resulted in a conviction; or c. Pleaded nolo contendere or no contest to any of the aforementioned offenses. 3. State jail felony: An individual shall not be granted employment with the District if the individual s criminal history indicates pending court action for a state jail felony, he or she has been convicted of state jail felonies or equivalent federal laws within the past 12 months, or is currently serving a probation, parole, court-ordered community supervision, or deferred adjudication for a state jail felony or equivalent offense. 4. Misdemeanor drug convictions, Class A, B, and C, criminal or equivalent: An individual who has a conviction of a Class C misdemeanor for possession of drugs and/or drug paraphernalia shall not be considered for employment by the District for one year after the date of conviction. An individual who has a conviction of a Class B misdemeanor for drug possession shall not be considered for employment by the District for three years after the date of conviction. An individual who has a conviction of a Class A misdemeanor for drug possession shall not be considered for employment by the District for five years after the date of conviction. The aforementioned offenses may result in a recommendation for termination of current employees. OFFENSES THAT MAY NOT PRECLUDE OFFERS OF EMPLOYMENT The following offenses may not preclude an individual from consideration for employment: 1. State jail felony: Individuals who have been convicted of state jail felonies or equivalent federal laws prior to the past 12 months and are not currently on probation, parole, courtordered community supervision, or deferred adjudication may be considered for employment by the District. 2. Misdemeanors: Class A and Class B An individual who has a conviction classified as a Class A or Class B Misdemeanor, as defined by the Texas Penal Code, may be considered for employment or as a volunteer if the offense does not fall within the criteria as previously stated. 3. Misdemeanors: Class C, Criminal, or Equivalent DATE ISSUED: 12/4/2008 5 of 8 -X

An individual who has a conviction of any Class C Misdemeanor other than public lewdness and prostitution offenses as defined by the Texas Penal Code, that is criminal in nature, shall be reviewed on an individual basis. That information shall be forwarded to the director of the office of professional standards who shall forward the information to the assistant superintendent of human resources or designee for review. 4. Misdemeanors: Class C, Noncriminal, or Equivalent An individual who has a conviction of any Class C Misdemeanor noncriminal or traffic offenses, as defined by the Texas Family Code, Texas Health and Safety Code, or the Texas Motor Vehicle Laws, shall be considered for employment or as a volunteer. However, if an individual has made application for employment with or for status as a volunteer with the District and his or her duty and responsibility will be the transporting of students, then that individual shall not have accumulated five or more penalty points, as defined by the Texas Motor Vehicle Laws. (Penalty points are assessed for traffic law violations and accidents in accordance with 37 TAC 14.14, Minimum Driving Record Qualifications.) The District reserves the right to withhold a decision regarding employment pending the final court disposition of any existing charges. Multiple convictions in an individual s lifetime may prevent consideration for employment. APPLICANT REVIEW COMMITTEE Decisions related to the foregoing offenses may be appealed to the applicant review committee. Current employees should refer to policies DCD, DCE, DFCA(LEGAL), DFCA, and DGBA for the appropriate appeals process. An applicant for employment who has a criminal record that would preclude employment with the District using the criteria listed above may appeal to the applicant review committee. The committee shall consist of the chief legal counsel of the District or designee, the assistant superintendent of human resources or designee, and the director of employee relations or designee. The committee shall assess the records of potential employees and may request to meet with the applicant prior to making a recommendation. The appeal to the applicant review committee shall not be available to applicants whose criminal record includes a conviction, deferred adjudication, or plea of guilty or nolo contendere for the offense of capital murder, murder, indecency with a child, injury to a child or DATE ISSUED: 12/4/2008 6 of 8 -X

elderly or disabled individual, aggravated kidnapping, aggravated sexual assault, sexual assault of a child, aggravated robbery, or any felony where a deadly weapon was used or exhibited or for any felony related to the manufacture, delivery, or possession of marijuana, a controlled substance, or dangerous drug. GOVERNING CRITERIA FOR EMPLOYMENT The applicant review committee may consider the following factors in determining whether or not to recommend a waiver of the criminal history restrictions to employment: 1. The nature and seriousness of the crime. 2. The relationship of the crime to the purposes of the District. 3. The extent to which employment status might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved. 4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position with the District. 5. The extent and nature of the person s past criminal activity. 6. The age of the person at the time of the commission of the crime. 7. The time elapsed since the person s last criminal activity. 8. The conduct and work activity of the person prior to and following the criminal activity. 9. Evidence of the person s rehabilitation or rehabilitative effort while incarcerated or following release. 10. If the person holds a professional license, the results of any action taken by the licensing authority. 11. Other evidence of the person s present fitness, including letters of recommendation from the law enforcement officers in the community where the person resides and any other person in contact with the convicted person. 12. The effect of the crime upon the District, or, if an applicant, the effect that hiring the person would have upon the District. 13. Whether the individual has a pattern of habitual criminal activity. 14. The publicity surrounding the actual crime. 15. The effect that the applicant s conduct had upon the staff, community, and/or students; or, the effect that having an indi- DATE ISSUED: 12/4/2008 7 of 8 -X

vidual who was convicted of a particular crime employed in a specific position might have upon the staff, students, and/or the community. 16. The overall impact of the conduct upon the operation of the school or the District. 17. Whether the person is a clear and present danger to other staff, students, or the general public. 18. Any extenuating circumstances. APPLICANT REVIEW COMMITTEE S RECOMMENDATION SUPERINTENDENT S DECISION The applicant review committee shall sign and forward a recommendation to the Superintendent or designee on the applicant declaring approval or denial of employment. The Superintendent or designee shall review the recommendation and take appropriate action on the employment status of the applicant. This decision shall be final. DATE ISSUED: 12/4/2008 ADOPTED: 8 of 8 -X