ESC of Central Ohio
Administrative Guidelines
 

4121 - CRIMINAL HISTORY RECORD CHECK

A criminal background check is required of each applicant recommended for employment in a non-teaching position as well as for all current non-teaching employees on a periodic basis depending upon their position with the District.

The following procedure applies to any non-teaching employee, including individuals employed by a private company under contract with the Board of Education to provide essential school services in accordance with Policy 8142, and all substitutes and persons employed on a part-time basis such as coaches or activity supervisors.

Special rules relating to employees engaged in the operation of a vehicle for student transportation (bus/van drivers) and non-teaching employees who are also licensed by the Ohio Department of Education (e.g., aides with a permit, paraprofessionals with a license, and those individuals who do not hold a valid educator's license but who are employed by the Board under a student activity permit), are set forth below.

A criminal background check is not required of any currently-employed staff member who is a candidate for another position in the District, unless otherwise required by law and/or Policy 4121.

With regard to criminal background checks, the following procedure are to be used:
 

A.

An applicant or current non-teaching employee, as appropriate, must be informed that a criminal history record check must be obtained at the expense of the applicant or current employee and timely submitted to the District. Prospective employees shall be informed of the requirement for a criminal background check either by direct communication or by information on the application form and shall submit same at the time of application. Current non-teaching employees not engaged in the operation of a vehicle for student transportation (bus/van drivers) must undergo a criminal background check every five (5) years. An applicant for the position of bus/van driver will bear the cost of the initial check of his/her complete driving record. The cost for subsequent semi-annual checks on drivers will be borne by the District. The applicant should indicate on the request that the criminal history record check is being required by R.C.3319.39.
 

B.

The prospective or current non-teaching employee may submit or ask the District to obtain from the Bureau of Criminal Identification and Investigation (BCII) the results of a criminal history records check conducted by BCII providing the application is within twelve (12) months of the date the check was done. After January 1, 2010, a current non-teaching employee will not be required to undergo a subsequent criminal history records check conducted by BCII if the employee: 1) has previously had a BCII criminal records check (for employment or licensure purposes); and 2) provides proof of continuous Ohio residency for the preceding five (5) years. Under such circumstances, the current non-teaching employee will only be required to undergo a criminal history records check through the Federal Bureau of Investigation (FBI).
 
 

C.

The prospective or current non-teaching employee is to submit a set of fingerprints on an authorized format prescribed by the BCII which will also be submitted to the FBI for criminal history information.
 
 

D.

Costs related to obtaining the criminal history record check are to be borne by the applicant or employee.
 
 

E.

When the certified report is submitted by an applicant or employee, a photocopy is to be made for possible insertion in the person's confidential personal file, should s/he be employed, and the original returned to the applicant or employee.
 
 

F.

The Superintendent shall determine whether or not to consider disqualification of a prospective or current non-teaching employee based on the records check.
 
 

G.

All information received from the record check shall be kept confidential by the person receiving the report and is to be shared only with the Superintendent. If a prospective employee is subsequently hired, the record check shall be kept in his/her confidential file. If not employed, it shall be returned to the prospective employee. All information received from the criminal record checks of current employees shall be kept in his/her confidential file.

Offenses

No person will be hired, and current non-teaching employees will be released from employment if it is determined that s/he has pled guilty to or been convicted of any of the following listed offenses, unless such individual has met the rehabilitation standards of R.C. 3319.39(E) at the time of the hiring and/or upon discovery of such plea or conviction:
 

A.

aggravated murder, murder, voluntary manslaughter, involuntary manslaughter
 
 

B.

felonious assault, aggravated assault, assault
 
 

C.

failing to provide for a functionally impaired person
 
 

D.

aggravated menacing
 
 

E.

patient abuse or neglect
 
 

F.

kidnapping, abduction, child stealing, criminal child enticement
 
 

G.

rape, sexual battery, corruption of a minor, gross sexual imposition, sexual imposition, importuning, voyeurism, public indecency, felonious sexual penetration, compelling prostitution, promoting prostitution, procuring prostitution, disseminating matter harmful to juveniles, pandering obscenity, pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, illegal use of minor in nudity-oriented material or performance
 
 

H.

aggravated robbery, robbery
 
 

I.

aggravated burglary, burglary
 
 

J.

abortion without informed consent, unlawful abortion, interference with custody
 
 

K.

endangering children
 
 

L.

contributing to the delinquency of children, unruliness
 
 

M.

domestic violence
 
 

N.

carrying concealed weapons, having weapons while under disability, improperly discharging firearm at or into a habitation or school
     
 

O.

corrupting another with drugs
 
 

P.

trafficking in drugs
 
 

Q.

illegal manufacture of drugs or cultivation of marijuana
 
 

R.

funding of drug or marijuana trafficking
 
 

S.

illegal administration or distribution of anabolic steroids
 
 

T.

drug possession offenses (that are not a minor drug possession offense)
 
 

U.

placing harmful objects in or adulterating food or confection
 
 

V.

a felony
 
 

W.

an offense of violence
 
 

X.

a theft offense (as defined in R.C. 2913.01)
 
 

Y.

a drug offense (as defined in R.C. 2925.01, that is not a minor misdemeanor)
 
 

Z.

possession of a controlled substance
 
 

AA.

violation of municipal ordinance

Current Employees Licensed by the Ohio Department of Education

Non-teaching employees who are also licensed by the Ohio Department of Education (e.g., aides with a permit, paraprofessionals with a license, and those individuals who do not hold a valid educator's license but who are employed by the Board under a student activity permit) who engage in conduct unbecoming the teaching profession under certain specific circumstances set forth in Policy 8141 and/or who it is determined have pled guilty to or have been convicted of any offense enumerated under R.C. 3319.39(B)(1), including a judicial finding for intervention in lieu of conviction and/or participation in a pre-trial diversion program relating to any of the offenses listed therein and described above, are subject to mandatory State reporting requirements in addition to an action by the Board to terminate their employment.

Revised 7/94
Revised 3/96
Revised 2/26/07
Revised 7/16/08
Revised 11/10