EMPLOYMENT PRACTICES

DC (R)

EMPLOYMENT OF RETIRED EMPLOYEES FROM TRS

In filling vacancies, the District will give priority to non-retired applicants.  Applicants who have retired under the Teacher Retirement System of Texas (TRS) may be considered for employment and will be subject to the same pre-employment requirements as all other applicants (i.e., application, references, criminal history record checks, etc.)

The District may hire TRS retirees on a one-half time, part-time, full-time, temporary, or substitute basis.

The District's hiring efforts will give priority to non-retired educators.

Professional/Administrative and classified applicants will be hired on a limited basis, based on the needs of the District.

RESIGNATION / RETIREMENT

Once an employee has submitted a resignation or retirement, that action is final when it has been accepted by the Superintendent.

CRIMINAL HISTORY RECORD CHECK

The District shall obtain the criminal history record of applicants the District intends to employ, current employees, substitutes, and providers of contract services providers for the District.

APPLICANTS

Any applicant who fails or refuses to grant authorization for the District to conduct a criminal history check shall be deemed to have an incomplete application and shall not be eligible for consideration for employment.

The District reserves the right not to employ any applicant whose criminal history record indicates a conviction for a felony or misdemeanor involving moral turpitude, repeated arrests, or other criminal activity judged not to be proper for a school employee  [See DC]

If a criminal history background check on an applicant reveals an outstanding warrant, this information will be forwarded to the District’s Chief of Police for review and action.

CONTRACT SERVICES PROVIDERS

Any contract services provider who fails or refuses to grant authorization for the District to conduct a criminal history check shall be deemed not eligible for consideration for contract services.

The District reserves the right to not to contract with a services provider to schools whose criminal history record indicates a conviction for a felony or misdemeanor involving moral turpitude, repeated arrests, or other criminal activity judged not to be proper for a school employee or contract services provider to schools  [See DC]

If a criminal history background check on a contract services provider reveals an outstanding warrant, this information will be forwarded to the District’s Chief of Police for review and action.

CURRENT EMPLOYEES AND SUBSTITUTES,

The District shall routinely obtain criminal history record information on current employees and substitutes.

REQUIRED NOTIFICATION BY EMPLOYEE

An employee who is arrested for any felony or any offense involving moral turpitude must report the arrest to the principal or immediate supervisor within three calendar days of the arrest.  If the employee is convicted or receives deferred adjudication for such an offense, the employee must also report that event to the principal or immediate supervisor within three calendar days of the decision.

REVIEW COMMITTEE

An active employee who has a criminal record that would preclude employment with the District may appeal to the criminal record review committee made up of the Chief Financial Officer or designee, the Executive Director of Human Resources or designee, and the appropriate campus principal or building administrator or designee.  However, this appeal to the review committee is not available to individuals whose criminal record includes conviction of a felony of the third degree or greater in the past ten years or a conviction of an offense that poses a risk of harm to children.

CRIMINAL RECORDS REVIEW PROCESS

The criminal record review committee shall assess the records of employees found to have committed crimes that would not automatically bar them from employment or service with the District.  The review committee shall use the guidelines set out in this regulation concerning criminal history record checks to determine if an employee should be recommended for proposed termination based on his or her criminal records.  Notwithstanding, the recommendation of the committee, the District may investigate and take appropriate employment actions on the basis of information contained in the criminal records.

GUIDELINES FOR CURRENT EMPLOYEES

The Review Committee will use the following guidelines to determine if current employees should be recommended for proposed termination based on his or her criminal record:

An employee who did not disclose a prior criminal conviction when requested at the time of employment may be recommended for termination. 

If a conviction involving a felony or misdemeanor involving moral turpitude is discovered subsequent to employment, a recommendation for proposed termination will be based on the same criteria as required for applicants as set out in this regulation [See DC (Exhibit)]

The District may suspend or terminate the employment of any person convicted of a crime if the duties and responsibilities of the individual directly relates to, or adversely affects, the mission of the District.  Employees under a felony indictment, or facing pending charges of a misdemeanor including moral turpitude, may be suspended with or without pay or terminated. [See DH]

After notification of a proposed suspension without pay or employment termination, a contract employee may request a hearing in accordance with DF (LOCAL).

“CONVICTION” DEFINED

For the purposes of this regulation, the word “conviction” shall mean a verdict of guilty, a plea of guilty or a plea of nolo contendere, without regard to subsequent disposition of the case or suspension of sentence, to include but not limited to a grant of probation or deferred adjudication.

“MORAL TURPITUDE” DEFINED

“Moral Turpitude” includes but is not limited to dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or gratify sexual desire of the actor; drug or alcohol related offenses; or acts constituting abuse under the Texas Family Code.

“DEFERRED ADJUDICATION” DEFINED

The deferral of criminal proceedings by the court after a person has entered a plea of guilt or nolo contendere. 

“PLEA OF NOLO CONTENDERE” DEFINED

The legal effect of a plea of nolo contendere is the same as that of a plea of guilty, except that such a plea may not be used against the defendant as an admission in a civil suit based upon or growing out of the act which the criminal prosecution is based. 

CONFIDENTIALITY REQUIREMENT

Criminal History information is privileged and for the use of the District, the Texas Education Agency, and the State Board for Educator Certification (SBEC) only.  To the extent required by law, District employees shall not release or disclose such information to a person who is the subject of the information, under penalty of law and/or possible discharge.  In compliance with the Texas Education Code 22.973(c), the District shall report to SBEC certain criminal records of employees who hold certification.