ESC of Central Ohio
Administrative Guidelines
 

3121 - CRIMINAL HISTORY RECORD CHECK

New Employees

Prior to making any offer of employment to a new applicant for a professional staff position, whether it be for full-time or part-time employment, the following procedure is to be used:

 A.The applicant must be informed either by direct communication or by information on the application form that a criminal history record check must be obtained at the expense of the applicant and submitted at the time of application to the Educational Service Center. The applicant should be told to indicate on the request that the criminal history record check is being required by R.C. 3319.311.
 B.The applicant must also be advised of an additional criminal history record check that may be obtained at the discretion of the Superintendent.
 C.The prospective employee may submit or ask the Center to obtain from the Bureau of Criminal Identification and Investigation (BCII) the results of a criminal history record check conducted by BCII providing the application is within twelve (12) months of the date the check was done. Form 3121 F1 should be used to request the criminal history record check.
 D.The prospective employee is to submit a set of fingerprints on an authorized format prescribed by the BCII which will also be submitted to the Federal Bureau of Investigation (FBI) for criminal history information.
 E.Each request must be accompanied by a check, payable to the Bureau of Criminal Identification and Investigation. Costs related to obtaining the criminal history record check are to be borne by the applicant.
 F.When the certified report is presented by the candidate, 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.
 G.The Superintendent shall determine whether or not to consider disqualification of a prospective employee based on the records check.
 H.All information received from the records check shall be kept confidential by the person receiving the report and is to be shared only with the Superintendent or appropriate requesting agency. If the prospective employee is subsequently employed, the record check shall be kept in his/her employment file. If not employed, it shall be returned to the prospective employee.

Offenses

No person is to be employed or accepted as a volunteer if s/he has been convicted of any of the following offenses:

 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, 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 a minor in nudity-oriented material or performance
 H.aggravated robbery, robbery
 I.aggravated burglary, burglary
 J.abortion without informed consent
 K.endangering children
 L.contributing to the delinquency of children
 M.domestic violence
 N.carrying concealed weapons, having weapons while under a disability, improperly discharging a firearm at or into a school or house
 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)

Current Employees

Any current licensed professional staff member, as defined in Policy 8141, shall be required to undergo a criminal record check as described above, upon renewal of any license, certificate or permit. In the case of a professional staff member holding a permanent teaching certificate, such criminal background check shall occur no less than every five (5) years.

Waiver

The State Department of Education may waive the requirements of a criminal background check for those professional staff members seeking the issuance or renewal of a license certificate or permit, who have undertaken such process within the immediately preceding year.

Effect of Guilty Plea and/or Conviction of Enumerated Crimes

Professional staff members determined by virtue of a criminal records check to have pled guilty to or have been convicted of any offense enumerated under R.C. 3319.39(B)(1), or who are otherwise determined to have engaged in conduct unbecoming the teaching profession are subject to the mandatory reporting requirements set forth in Policy 8141, in addition to the initiation of an action by the Board to terminate their employment.

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