4023 - Notification of Arrest, Criminal Charges, and Certificate, License or Child Abuse Complaints
Last Updated Date: 12/14/2020
Adoption Date: 08/17/2015
Employees must notify the Chief Human Resources Officer or Employee Relations Administrator by the next working day after:
A. Arrest or Criminal Charges:
The employee is arrested, ticketed, or issued a criminal charge where:
1. The maximum penalty for the crime equals or exceeds six months incarceration or;
2. The crime relates to abuse, neglect or endangerment of a minor, a minor was allegedly a victim or a witness, or the crime involves alleged violence, force, coercion, or sexual misconduct or;
3. The crime involves drugs, alcohol, or controlled substances or;
a. Conviction that constitutes a violation of NDE Standards of Conduct and Ethics, Chapter 27 and/or a violation District Policies, specifically Policy 4190 and Policy 4260 or;
b. impacts the employee’s ability to operate a motor vehicle if the employee at times needs to travel during duty time or the employee at times drives students, including on extracurricular activities; or
c. impacts the employee’s Commercial Drivers License if the employee’s job requires that the employee have a CDL.
4. The arrest or the alleged criminal activity occurred while the employee was on duty, on school property, or in a school owned or utilized vehicle, or at a school-supervised activity or school-sponsored function, or after function.
5. Employees must also report, immediately or as soon as practicable, and in no case later than 24 hours, to the Chief Human Resources Officer or Employee Relations Administrator, whenever the employee has been sentenced to be incarcerated for any period of time, even if the offense was not otherwise reportable. The employee shall provide the Chief Human Resources Officer or Employee Relations Administrator a copy of the Judgment and Sentence immediately or as soon as practicable.
A citation, arrest, or criminal charge in violation of any district policy, and specially those relating to abuse, neglect or endangerment of a minor, a citation, arrest, or criminal charge involving a minor as an alleged victim, or a citation, arrest, or criminal charge involving alleged violence, force, coercion, or sexual misconduct, may subject the employee to disciplinary action, up to and including termination.
B. Certificate or License:
The employee becomes aware that a complaint has been filed against the employee that could affect a certificate or license required for the employee’s position. This includes proceedings of the Nebraska Department of Education related to an alleged violation of the NDE Standards of Conduct and Ethics, Chapter 27, and proceedings of the Health and Human Services related to an alleged violation of the professional standards of conduct for the employee’s position.
C. Child Abuse:
The employee becomes aware that a report of child abuse or neglect has been made against the employee under the Child Protection Act.
Further, employees must give full disclosure of any Child Protection Act investigation that resulted in an “inconclusive” determination that occurred at any time. Current employees must give such disclosure within ten days following adoption of this Policy. As a condition of employment, applicants for employment must give such disclosure prior to commencement of employment. Any hiring made without such disclosure shall be subject to being immediately revoked in the event the required disclosure was not given.
Employees must give full disclosure of the existence and nature of the above proceedings and must also promptly notify the Chief Human Resources Officer or designee of the disposition of the proceedings.
Legal documents relating to the proceedings shall be treated and maintained as part of the employee’s confidential criminal background file.
Conviction and/or failure to notify as required under this policy may subject the employee to disciplinary action, up to and including termination.