DACA – Employment: Personal Reporting of Arrests and Convictions

Employment:

Personal Reporting of Arrests and Convictions

Employee’s Duty to Personally Report Arrests and Convictions—

 An employee who is arrested, cited, or charged for the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the District’s Superintendent or designee:

1. any matters involving an alleged sex offense;

2. any matters involving an alleged drug-related offense;

3. any matters involving an alleged alcohol-related offense;

4. any matters involving an alleged offense against the person under Utah Code Title 76, Chapter 5, Offenses Against the Person;

5. any matters involving an alleged felony offense under Utah Code Title 76, Chapter 6, Offenses Against Property;

6. any matters involving an alleged crime of domestic violence under Utah Code Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and

7. any matters involving an alleged crime under federal law or another state’s law comparable to any of the alleged crimes listed above.

            An employee shall report any felony or misdemeanor convictions, including pleas in abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance or diversion agreement.

After receiving arrest information about the employee, the Superintendent or designee shall review the arrest information and assess the employment status considering the employee’s assignment. The employment status of licensed educators shall be evaluated in light of the Utah Educator Standards, Utah Code § 53E-6-604, and District policy. An employee shall be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses that may endanger students during the period of investigation. An employee shall be immediately suspended from any duties that require the employee to transport students or operate or maintain a District vehicle for alleged offenses involving drugs or alcohol during the period of investigation.

The employee shall report for work following the arrest unless directed not to report for work by the District, consistent with District policy.

Failure to report any arrest or conviction pursuant to this policy may result in disciplinary action, up to, and including, termination.

Documents and records related to an employee’s arrest and/or conviction, plea in abeyance, or diversion agreements, as well as final administrative determinations and actions following investigation, shall be maintained for a minimum of two (2) years following termination of employment with the District and require protection of confidential employment information.

Any district volunteer who has or may be given significant unsupervised access to children in connection with the volunteer’s assignment for the District shall be considered an “employee” for purposes of the requirements of this policy.

Utah Admin. Rules R277-217-4 (April 8, 2021)

Utah Admin. Rules R277-316-4 (February 7, 2020)

Utah Admin. Rules R277-316-6 (February 7, 2020)

Utah Code § 53E-6-604 (2020)

Utah Code § 53G-11-406(1) (2019)

District Reports to State Board of Education—

The Superintendent or designee shall report the conviction, arrest or offense information received from licensed educators to the State Board of Education within forty-eight (48) hours of receipt of information from licensed educators. If possible, this report shall be made using the form provided by the State Superintendent on the State Board of Education website.

“Licensed educator” means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system (examples are teachers, school administrators, and school district specialists). A licensed educator may or may not be employed in a position that requires an educator license. Licensed educators include individuals who are student teaching, who are in alternative routes to licensing programs or positions and individuals who hold district-specific licenses.

Utah Admin. Rules R277-217-4(3), (4) (April 8, 2021)

Utah Admin. Rules R277-316-2(8) (February 7, 2020)

Utah Code § 53G-11-406(2) (2019)