4180 Background Investigation Check

Policies

Middletown Public Schools

Background Investigation Check No. 4180

BACKGROUND INVESTIGATION CHECK

Based on Chapter 16-2 of the Rhode Island General Laws and the Code of Federal Regulations of the U.S. Department of Labor, I recommend the following Background Criminal Investigation Policy for Middletown Public Schools:

CRIMINAL RECORDS REVIEW POLICY__**

1. Any person seeking employment or volunteering with Middletown Public  Schools who has not previously been employed by a private school or public  school department in Rhode Island during the past twelve (12) months, shall  undergo a national and state criminal background check to be initiated prior to or within one week of employment after receiving a conditional offer of  employment; provided, however, that employees hired prior to August 1, 2001  and/or who have been continuously employed by a public school department in  Rhode Island during the past twelve (12) months shall undergo a state criminal  background check. If an applicant for employment has undergone a national and state criminal records check up to twelve (12) months prior to an application for employment, the employee shall provide (from the Bureau of Criminal  Identification or local police department) a letter indicating the presence or  absence of disqualifying information.

2. The applicant shall apply to his/her state or local police department where  he/she resides for a national and state criminal records check; provided,  however, those out-of-state applicants shall apply to the Middletown R.I. Police  Department. Fingerprinting is required. Upon the discovery of any disqualifying information, the Bureau of Criminal Identification will inform the applicant in writing of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer in writing that disqualifying information has been discovered.

3. An employee against whom disqualifying information has been found may  request that a copy of the criminal background report be sent to Middletown  Public Schools where the employer shall make a judgment regarding the  employment of the employee.

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4. In those situations in which no disqualifying information has been found, the  Bureau of Criminal Identification shall inform the applicant and the employer in  writing of this fact.

5. “Disqualifying Information” means those offenses listed in § 23-17-37, and those offenses listed in §§ 11-37-8.1 and 11-37-8.3 as amended from time to time.

(1) **§ 23-17-37 Disqualifying information  **

(a) Information produced by a criminal records review pertaining to conviction, for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery, felony drug offenses, larceny, or felony banking law violations. An employee against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the continued employment of the employee.

(b) For purposes of this section, "conviction" means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.

(2) § 11-37-8.1 Definition of guilt first degree child molestation sexual assault.  “A person is guilty of first degree child molestation sexual assault if he or she engages in  sexual penetration with a person fourteen (14) years of age or under.”

(3) § 11-37-8.2 Penalty for first degree child molestation sexual assault. Every  person who commits first degree child molestation sexual assault shall be  imprisoned for a period of not less than twenty (20) years and may be  imprisoned for life.

(The text of R.I.G.L. above was accurate on the date of adoption. The Rhode Island  Legislature may amend these statutes from time to time. This policy will include all  adopted amendments of the applicable laws.)

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