Employment of Staff and Disclosure of Criminal History for Staff and Volunteers - 5005

1. Employment of Staff

The Board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the Superintendent or designee. Prior to formal employment by the Board, a prospective staff member shall present necessary documents which establish eligibility to work and attest to his/her eligibility. The Superintendent or designee shall certify that he/she has examined the documents which were presented [by the new hire], that the documents appear to be genuine, that they appear to relate to the individual named, and that the individual is a U.S. citizen, a legal permanent resident, or a nonimmigrant alien with authorization to work.

The district shall report all new hires to the state Department of Social and Health Services Division of Child Support as required by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The district shall require that every prospective staff member sign a release form allowing the district to contact school employers regarding prior acts of sexual misconduct.  The applicant shall authorize current and past school district employers including employers outside of Washington State to disclose the district sexual misconduct, if any, and make available to the district all documents in the employer’s personnel, investigative or other files related to the sexual misconduct.  The applicant is not prohibited from employment in Washington State if the laws or policies of another state prohibit disclosure or if the out-of-state district denies the request.

2. Disclosure of Criminal History

Prior to employment of any staff member or engagement of any volunteer, the district shall require the person to disclose whether he/she has been:

Convicted of any crimes against children or other persons, crimes related to drugs or other convictions or findings for crimes or conduct set forth in RCW 43.43.834  as now existing or hereafter amended.  As used in this policy, the words conviction and crime shall include any findings in civil proceedings referenced in RCW 43.43.834 .

The disclosure shall be made in writing and signed by the person and sworn to under penalty of perjury. The disclosure sheet shall specify all crimes committed against persons. Prospective staff members and all volunteers some who at times may be unsupervisedshall have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check shall include a fingerprint check using a complete Washington State criminal identification fingerprint card. For purposes of this policy, unsupervised means not in the presence of another employee or volunteer and working with children under sixteen years of age or developmentally disabled persons.

3. Conditions of Employment

Applicants will be employed only on a conditional basis pending the outcome of the background check and may begin conditional employment once completed fingerprint cards have been sent to the Washington State Patrol. If the background check reveals evidence of convictions as identified above, the candidate’s conditional employment will not be continued and the employee will not be hired to fill the position.

All staff members selected for employment shall be recommended by the Superintendent or designee. Staff members must receive an affirmative vote from a majority of all members of the Board. In the event an authorized position must be filled before the Board can take action, the Superintendent or designee has the authority to fill the position with a temporary employee.

Classified staff, who are engaged to serve less than twelve (12) months, shall be advised of their employment status for the ensuing school year prior to the close of the school year. The Superintendent or designee shall give "reasonable assurance" by written notice that the staff member will be employed during the next school year.

4.  Engagement of Volunteers

The District may revoke the engagement of a volunteer at any time.  Applicants for volunteer positions are subject to clearance through the Washington State Patrol criminal identification system and review of their conviction history prior to engaging in volunteer service.  If the background checkreveals the volunteer applicant has been convicted of a crime identified above, or convicted of other crimes, their volunteer status may be denied.  If the volunteer has misrepresented or omitted information on their disclosure statement, their engagement as a volunteer shall be terminated.  An applicant may request a review of such decision by the Director of Human Resources or his/her designee.  Such requests must be made in writing and submitted within ten (10) working days from the applicant’s receipt of notice from the District disallowing the volunteer engagement.  The review officer shall not allow the applicant to perform volunteer work unless:  (1) compelling educational reasons exist to allow the applicant to engage in the educational activity involved; and

(2) the facts and circumstances of the past conduct, the applicant’s current situation, and the volunteer engagement applied for demonstrate such behavior is highly unlikely to reoccur.  The review officer shall issue a written decision to the applicant which shall befinal.

Cross References:

Board Policy 1712 Conflicts of Interest

5255 Disciplinary Action and Discharge

5610 Substitute Employment

8310 Insurance

Legal References:

RCW 28A.330.020    Certain Board elections, manner and vote required--selection of personnel, manner

RCW 28A.400.300    Hiring and discharging employees--Leaves for employees--Seniority and leave benefits, retention upon transfers between schools

RCW 28A.405.210    Conditions and contracts of employment--Determination of probable cause for non-renewal of contracts--Notice--Opportunity for hearing

RCW 43.43.830-40    Washington State Criminal Code Records

RCW 43.43.834     Background Checks, Civil Liability

RCW 50.44.50      Benefits Payable, Terms and Conditions

RCW 50.44.053       Definition of "reasonable assurance"

WAC 162-12           Pre-employment Inquiry Guide (Human Rights Commission)

WAC 446-20-285     Employment--Conviction Records

P.L. 99-603 (IRCA) Immigration Reform and Control Act of 1986

Adoption Date:   3/28/06