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2303 |
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2303 |
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3003 |
CRIMINAL
RECORDS CHECK |
3003 |
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4003 |
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4003 |
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The Wake County Board of
Education believes that a safe and secure learning and working environment
should be provided for all students and staff. The Board further believes that employees
should be role models for students and should positively represent the Wake
County Public School System in the community.
These beliefs reflect the fundamental principle that anyone who
directly or indirectly has contact with children is in a unique position of
trust in this society. Criminal
dispositions against an applicant or employee may have an impact upon these
goals and will be considered in hiring and dismissal decisions. |
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2303.1 3003.1 4003.1 |
Accordingly, a criminal records check will be
conducted of applicants and/or newly hired employees, including
substitutes. If an applicant is hired
prior to the completion of the criminal records check, the employment shall
be considered conditional pending a review of the results of the check. |
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2303.2 3003.2 4003.2 |
Applicants shall be required to answer completely
and accurately questions on their application with regard to previous
criminal history. Failure to do so
will subject the applicant to not being hired and an employee to being
dismissed. Applicants also shall
consent in writing to an initial criminal record check and post employment
criminal record checks and to providing fingerprints and other identifying
information relied upon by any relevant repositories of criminal
information. Failure to consent or
provide relevant information will result in rejection of an applicant or
dismissal of a newly hired employee. |
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2303.3 3003.3 4003.3 |
At a minimum, the following criminal records check
shall be conducted: a) In the case of applicants or
conditional employees who have lived and worked within the state of b) In the case of applicants or
conditional employees who have lived or worked outside of |
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2303.4 3003.4 4003.4 |
The applicant or conditional employee will be
rejected for employment if the criminal record check and supporting records
reveal a "criminal history," defined as the conviction of a crime,
whether a misdemeanor or felony, that indicates the employee (1) poses a
threat to the physical safety of students or personnel, or (2) has
demonstrated that he or she does not have the integrity or honesty to fulfill
his or her duties as a public school employee. Conviction of a crime, as used in this
policy, includes the entry of (1) a plea of guilty, nolo
contendere, no contest or the equivalent; or (2) a
verdict or finding of guilty in a court of law or military tribunal. The school system shall consult with legal
counsel or obtain a certified copy of an applicant’s or conditional
employee's conviction notice prior to any final employment decision based on
the criminal history. |
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2303.5 3003.5 4003.5 |
If the school system considers criminal history in making
a decision adverse to an applicant or conditional employee, the
Superintendent or designee shall make written findings with regard to how it
used such information. The school system shall provide to the State Board
of Education information on where to obtain the record of conviction,
including the person’s name, criminal case number, and the county of
conviction for any convictions of a person who is certificated, certified or
licensed by the State Board of Education where the school system discovers
the criminal history through an employment criminal history check. |
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2303.6 3003.6 4003.6 |
If a criminal record check reveals that an applicant or conditional
employee was charged with but not convicted of a crime, whether misdemeanor
or felony, that suggests that the employee may not meet the employment
standards of this Board, the administration may conduct a further
investigation into the person's conduct and the circumstances surrounding the
charge to determine the person’s fitness for employment. |
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2303.7 3003.7 4003.7 |
Applicants and current employees shall notify the
assistant Superintendent for human resources – employee relations immediately
if they are charged with or convicted of a criminal offense (including
entering a plea of guilty or nolo contendere) except minor traffic violations. Applicants and current employees who have
been charged or convicted with driving while impaired or driving with a
revoked license must immediately notify the assistant Superintendent for
human resources – employee relations. |
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2303.8 3003.8 4003.8 |
A criminal records check also may be conducted on
an individual, random, or rotating basis of annually rehired and current
employees (including substitutes), as well as on independent contractors and
volunteers whose services involve contact with students. If the school system conducts these checks
through the North Carolina Department of Justice or through a private
service, it must first obtain the individual’s consent. |
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2303.9 3003.9 4003.9 |
Information obtained through the implementation of
this policy shall be kept confidential as provided in the |
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2303.10 3003.10 4003.10 |
If
the school administration conducts criminal record checks that are subject to
the Fair Credit Reporting Act, it shall provide employees or applicants with
all required notices and disclosures before conducting the record check or
taking adverse employment action against the employee or applicant. |
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Legal Reference: G.S. § 115C-332; 16 NCAC 6C.0313; G.S.
§ 110-90.2; G.S. § 114-19.2; 15 USC § 1681 et seq. |
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Adopted: March
20, 1995 |
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Revised: June
15, 1998 |
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Revised: February
17, 1999 |
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Revised: September
27, 1999 |
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Revised: May
21, 2002 |