Revised: December 17, 2007 533.1
Revised: July 30, 2012
Revised: October 9, 2017
CRIMINAL BACKGROUND CHECKS
The Evansville Community School District Board of Education is charged with responsibility for the health, safety, welfare and supervision of children in a variety of settings – including some settings in which students should be considered vulnerable. As part of meeting this significant responsibility, and in consideration of other important factors related to safety and due diligence, pre-employment criminal background checks shall be conducted for all persons recommended for employment in the District, regardless of the category or type of position. No one may begin employment with the District until the criminal background check is complete and verified by the District Administrator or his/her designee. All offers of employment are contingent upon the results of the criminal background check that are deemed satisfactory to the District.
If the pre-employment criminal background check reveals a conviction or pending charge which the person recommended for employment failed to disclose as required on the District’s employment application, the District may refuse to employ the person.
The District shall also conduct criminal background checks and driver record checks as required by law for persons employed or under contract to transport students for the District who do not hold a valid school bus endorsement. A person must be free of any disqualifying driving violations in order to be authorized to transport students. If after the background check and driver record check is conducted, the person is convicted of a disqualifying offense, he/she shall be required to inform the District of any motor vehicle accident in which he/she was the driver, any suspension or revocation of operating privileges, and any conviction or operating privilege revocation that would disqualify him/her from providing student transportation. The person shall not be allowed to transport students for the time period specified.
Any current District employee who has been charged with or convicted of a felony shall report that fact to the principal without delay. Failure to report under this policy may result in disciplinary action up to and including termination.
In determining whether to screen an applicant or employee for possible exclusion or other adverse employment action based on pending charges or a criminal conviction, the District will consider the nature of the allegations or the crime/conduct, the time elapsed, and the nature of the job. Before an applicant or employee would be excluded from employment based on pending charges or a criminal conviction, the District will conduct an individualized assessment as follows:
- The District will notify the individual that he/she has been identified for possible exclusion because of a felony conviction;
- The District will offer the individual an opportunity to demonstrate that the exclusion should not be applied due to his/her particular circumstances; and
- The District will consider whether the additional information provided by the individual, if any, warrants an exception to the proposed exclusion based upon a conclusion that applying the proposed exclusion under the specific circumstances would not reflect legitimate job-related concerns, or that applying the conclusion would be otherwise inconsistent with state or federal law. For example, state law prohibits an employer from denying employment to an individual based upon a pending charge or a misdemeanor conviction except where the circumstances of the charge/conviction are substantially related to the circumstances of the job.
The administration shall establish the procedures necessary to obtain the required criminal background checks and carry out the other provisions of this policy.
Legal Ref.: Sections 111.31 Wisconsin Statutes (Declaration of Policy)
111.321 (Prohibited Bases of Discrimination)
111.335(1)(d) (Arrest or Conviction Record: Exceptions and Special Cases)
Equal Opportunity Employment
Local Ref.: Policy: #353.1 - School Volunteers
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