REPORTS OF CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT AND ARREST

REPORTS OF CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT AND ARREST

ag4121AAdopted February 14, 2012Revised December 13, 2022

4121A - REPORTS OF CONVICTIONS AND SUBSTANTIATED CHILD ABUSE OR NEGLECT AND ARREST

Employees shall report their arrest or the filing of criminal charges against them, or their conviction for a crime to the Superintendent within forty-eight (48) hours of the arrest or the filing of criminal charges or the conviction. If the employee is held in custody for more than twenty-four (24) hours, the report shall be made within forty-eight (48) hours after the employee is released from custody.

Employees also shall report a substantiated report of child abuse or neglect of which the employee is the subject to the Superintendent within forty-eight (48) hours of the issuance of the report. If the employee does not receive notice of the issuance of the report until a later date, the employee must report the substantiated report of child abuse or neglect of which the employee is the subject to the Superintendent within forty-eight (48) hours of receiving notice of the report.

The arrest or the filing of criminal charges, or conviction need not automatically result in the suspension or termination of the employee unless it involves one of the offenses whic prohibit employment listed below. The Superintendent may evaluate the circumstances of the arrest or charge(s) based upon the factors listed below for the evaluation of criminal convictions, plus the presumption of innocence afforded every person charged with a crime prior to conviction.

As used here, "crime" means an action initiated by the State of Indiana, another state, or the United States with a penalty that includes the possibility of a term of imprisonment. The term includes all prosecutions denominated as a felony or misdemeanor. Infractions such as speeding and other minor traffic infractions are not covered unless the job description for an employee’s position includes operating a vehicle as an essential function. Any doubt about reporting a charge or arrest should be resolved in favor of reporting the offense.

If available, the evaluation of the charge(s), arrest, or conviction will be expedited if the employee provides the Superintendent a copy of:

  1. the criminal charge(s), i.e., the information or indictment;

  2. any probable cause affidavit filed with the charge;

  3. the cause number and court in which the matter is pending;

  4. any police report or accident report prepared by law enforcement; and

  5. the court’s entry of a criminal conviction against the employee.

In evaluating information surrounding the arrest, filing of criminal charges or conviction, the Superintendent will take into account:

  1. the relevance of the circumstances of the arrest, charge(s), or conviction to the qualification standards and essential functions of the position held by the employee;

  2. how recently the behavior occurred and the behavior of the employee since that time;

  3. whether the employee admits or denies the facts of the allegation;

  4. the relative reliability of the information and objectivity of the source of the information;

  5. the certainty with which the facts have been or can be determined;

  6. the nature and severity of any potential harm to students and other employees that would result from an error in assessing the facts of the arrest, charge(s), or conviction;

  7. the extent to which the position involves being an exemplar and the potential for the presentation of a negative exemplar to students; and

  8. how the information came to the attention of the School Corporation, i.e., was it reported by the employee or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the employee will be permitted to continue to work while the charges are resolved in the trial court, and will recommend that the employee continue to work, be placed on administrative leave or suspension, or be terminated or recommended for termination.

A substantiated report of child abuse or neglect of which the employee is the subject need not automatically result in the suspension or termination of the employee. The Superintendent may evaluate the circumstances of the incident underlying the report based on the following factors:

  1. the relevance of the circumstances of the incident underlying the report to the qualification standards and essential functions of the position held by the employee;

  2. how recently the behavior occurred and the behavior of the employee since that time;

  3. whether the employee admits or denies the facts of the report;

  4. the relative reliability of the information and objectivity of the source of the information;

  5. the certainty with which the facts have been or can be determined;

  6. the nature and severity of any potential harm to students and other employees that would result from an error in assessing the facts of the incident underlying the report;

  7. the extent to which the position involves being an exemplar and the potential for the presentation of a negative exemplar to students; and

  8. how the information came to the attention of the Corporation, i.e., was it reported by the employee or discovered through other means.

The Superintendent will give the appropriate weight to each of these factors in determining whether the employee will be permitted to continue to work while the Superintendent completes the investigation and will recommend that the employee continue to work or be placed on administrative leave or suspension. A substantiated report of child abuse or neglect of which the employee is the subject may result in the termination of the employee’s employment.

Offenses Which Prohibit Employment

In accordance with Board policy, the Superintendent will prohibit the hiring of or require the termination of the employment of any individual who is convicted of any of these offenses unless the conviction has been reversed, vacated, or set aside on appeal:

  1. The following felonies:
     
    1. A sex crime under I.C. 35-42-4 (including criminal deviate conduct (I.C. 35-42-4-2) (before its repeal)).
       
    2. Kidnapping (I.C. 35-42-3-2).
       
    3. Criminal confinement (I.C. 35-42-3-3).
       
    4. Incest (I.C. 35-46-1-3).
       
    5. Dealing in or manufacturing cocaine or a narcotic drug (I.C. 35-48-4-1).
       
    6. Dealing in methamphetamine (I.C. 35-48-4-1.1).
       
    7. Manufacturing methamphetamine (I.C. 35-48-4-1.2).
       
    8. Dealing in a schedule I, II, or III controlled substance (I.C. 35-48-4-2).
       
    9. Dealing in a schedule IV controlled substance (I.C. 35-48-4-3).
       
    10. Dealing in a schedule V controlled substance (I.C. 35-48-4-4).
       
    11. Dealing in a counterfeit substance (I.C. 35-48-4-5).
       
    12. Dealing in marijuana, hash oil, hashish, or salvia as a felony (I.C. 35-48-4-10).
       
    13. An offense under I.C. 35-48-4 involving the manufacture or sale of a synthetic drug (as defined in I.C. 35-31.5-2-321), a synthetic drug lookalike substance (as defined in I.C. 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under I.C. 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in I.C. 35-48-1-9.3), or a substance represented to be a controlled substance (as described in I.C. 35-48-4-4.6).
       
    14. Homicide (I.C. 35-42-1).
       
    15. Voluntary manslaughter (I.C. 35-42-1-3).
       
    16. Reckless homicide (I.C. 35-42-1-5).
       
    17. Battery as any of the following:
       
      1. A Class A felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).
         
      2. A Class B felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).
         
      3. A Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014).
         
    18. Aggravated battery (I.C. 35-42-2-1.5).
       
    19. Robbery (I.C. 35-42-5-1).
       
    20. Carjacking (I.C. 35-42-5-2) (before its repeal).
       
    21. Arson as a Class A felony or Class B felony (for a crime committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (I.C. 35-43-1-1(a)).
       
    22. Burglary as a Class A felony or Class B felony (for a crime committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (I.C. 35-43-2-1).
       
    23. Human trafficking (I.C. 35-42-3.5).
       
    24. Dealing in a controlled substance resulting in death (I.C. 35-42-1-1.5).
       
    25. Attempt under I.C. 35-41-5-1 to commit an offense listed in this subsection.
       
    26. Conspiracy under I.C. 35-41-5-2 to commit an offense listed in this subsection.
       
  2. Public indecency (I.C. 35-45-4-1) committed:
     
    1. after June 30, 2003; or
       
    2. before July 1, 2003, if the person committed the offense by, in a public place:
       
      1. engaging in sexual intercourse or other sexual conduct (as defined in I.C. 35-31.5-2-221.5);
         
      2. appearing in a state of nudity with the intent to arouse the sexual desires of the person or another person, or being at least eighteen (18) years of age, with the intent to be seen by a child less than sixteen (16) years of age; or
         
      3. fondling the person's genitals or the genitals of another person.

Revised 1/10/17
Revised 12/12/17

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