Emery County School District
Policy: GDQDA-Support Staff Reports of Arrest
Date Adopted: 12 August 2009
Current Review / Revision: 12 August 2009
The purpose of this rule is to ensure that all students who are compelled by law to attend public schools are served by public employees who have not violated laws that would endanger students in any way.
Reporting of Arrests, Convictions, Pleas in Abeyance and Diversion Agreements
A support staff employee who is arrested for the following alleged offenses shall report the arrest in writing as soon as possible or within 48 hours to the support staff employee's immediate supervisor and to the Superintendent:
any matters involving arrests for alleged sex offenses;
any matters involving arrests for alleged drug-related offenses;
any matters involving arrests for alleged alcohol-related offenses; and
offense against the person under Title 76, Chapter 5, Offenses Against the Person.
In the same manner, a support staff employee shall report 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.
The immediate supervisor of a support staff employee receiving a report as described in this policy shall contact the Superintendent as soon as possible to ensure that the report is properly made.
Reporting to Work
The support staff employee shall report for work following the report of arrest or offenses unless directed not to report for work by their immediate supervisor or the Superintendent.
Review of Arrest/Conviction Information
The Superintendent or designee shall review the information about a support staff employee and assess the employment status consistent with Utah Code, State Board Rule, and local board policy.
Support staff employees 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. Support Staff employees shall also be immediately suspended from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation.
Confidentiality and Due Process
Arrest and offense information received shall immediately be reviewed and a determination shall be made with regard to the immediate steps that need to be taken to both protect the safety of students and the confidentiality of employees.
Final employee action will be determined after consultation with the Superintendent and in accordance with existing employee disciplinary policies, including due process and appeal procedures.
Records shall include final administrative decisions and actions following investigation and shall only be maintained as necessary to protect the safety of students and with strict requirements for the protection of confidential employment information. Records shall also be kept in accordance with record archiving requirements.