Subject: Background Checks
Employee Background Checks-
At the time a prospective employee makes application for employment with the District, such prospective employee shall fill out an employment application providing the following warning:
"All references stated in this application will be checked by the School District and it is the policy of this School District that false information will be grounds for rejecting your application with no further consideration for the position; or, if such false information is discovered after hire, you will be subject to immediate termination for cause. Any false information may also be the grounds for criminal prosecution."
All employees seeking employment with the District shall sign a written release, waiver, and authorization which authorize the District to request information from the prospective employee's past three employers and supervisors. The release, waiver, and authorization shall also authorize the District to contact former employers to obtain a reference check and to conduct a background search into the employee's criminal record, if any, or any other background check as the District deems necessary to satisfy itself of the quality and competence of the prospective employee's credentials.
CRIMINAL BACKGROUND CHECK
All prospective and current district employees, licensed and non-licensed, hourly and contract, to include individuals working in any coaching capacity, are required to submit to fingerprinting and criminal background checks as part of the employment process and as a condition of employment. Periodic fingerprinting and criminal background checks shall be completed at the time of license renewal for licensed employees (at least every five (5) years) and every six (6) years for non-licensed employees. Also, where reasonable cause exists, a current employee shall submit to and/or obtain a criminal background check.
All volunteers with significant unsupervised access to students shall also submit to periodic fingerprint background checks prior to working with students or offering services. Volunteers shall have a fingerprint background check on file with the district that is no more than five (5) years old.
All employees and volunteers will bear the costs for required fingerprinting and for obtaining criminal background checks.
INVESTIGATIONS AND DETERMINATIONS
Through its agent or designees, the district will review criminal arrest and conviction records and information, conduct administrative investigations as appropriate, and make employment decisions intended to protect the safety an well-being of students and the integrity of district operations, at the same time preserving employee confidentiality and due process rights. As such employees may be placed on leave or otherwise have responsibilities limited or modified during investigations.
If the District denies a person employment or terminates an employee because of information obtained through a criminal background check, the person or employee shall be given written notice of the reasons for denial or dismissal and extended an opportunity to respond o the reasons.
Records such as police reports, court dockets, Bureau of Criminal Investigation reports, and other records pertaining to arrests and convictions are identified as protected records under Section 63G-2-305 (9) of the Government Records Access and Management Act and will be maintained by the district for an adequate duration and for the purpose of conducting investigations, making employment decisions, defending against appeals or other actions, and protecting the safety and well-being of students, patrons, and employees.
Utah Code Ann. § 53A-3-410
Utah Admin. Code R277-520-11
Utah Admin. Code R277-516-4
Utah Admin. Code R277-501-6