Policy 4790

Working Conditions

Notification of Arrest, Criminal Charges Licensure, Child Abuse Complaints, Etc.

Reviewed and affirmed by the Board:  8/25/2020
Last Revision: 
Original publish date: 03/24/2015
Related policies & regulations:  
Legal references:  

 

Employees shall notify the Associate Superintendent for Human Resources or designee by the next business day after the employee is (a) arrested; (b) ticketed; or (c) issued any form of criminal charge for committing an offense, crime or infraction.

 

The above notification and reporting requirement herein apply if:

1. The maximum penalty for the crime equals or exceeds seven days incarceration;
2. The crime relates to abuse, neglect or endangerment of a minor, or a minor was allegedly a victim or a witness;
3. The crime relates to misuse of drugs, alcohol or controlled substances or;
4. Job responsibilities are impacted including offenses that:
   • Would constitute a violation of NDE Standards of Conduct and Ethics, Chapter 27 as adopted by Lincoln Public Schools;
   • Would impact 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; or
   • Would impact the employee’s Commercial Driver’s License if the employee’s job requires that the employee have a CDL.  Employees subject to Policy 3760 ‘ Safe Driving Record Standard for Drivers, must notify Human Resources by the next business day of all tickets or citations including, but not limited to, traffic infractions.
5. The crime relates to alleged violence, force, coercion or sexual misconduct;
6. The arrest or criminal activity occurs while employee is on duty, or at a school attendance facility, on school property, at a school-supervised activity or school-sponsored function or in a school-owned or utilized vehicle.

Employees must also promptly report to Human Resources whenever the employee has been sentenced to be incarcerated for any period of time, even if the offense is not otherwise reportable.

 

Employees must give full disclosure of the existence and nature of the above proceedings and shall also immediately notify Human Resources of the disposition of any such case or matter.
 

Employees shall also notify Human Resources by the next business day after 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 Nebraska Department of Health and Human Services related to an alleged violation of the professional standards of conduct for the employee’s position.

 

Employees shall also notify Human Resources by the next business day after 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 10 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.

 

Legal documents relating to criminal charges, arrests and child abuse complaints shall be treated and maintained as part of the employee’s confidential criminal background file.

 

Failure to notify Human Resources as required under this policy may subject the employee to disciplinary action, up to and including termination.