File: GBED*-R-2

Background Checks

(Classified Staff and Non-Classified Staff who are not Licensed)

These procedures shall apply to all applicants for classified staff positions and any non-classified position that does not require licensure. Responsibility for any fees associated with background checks shall be in accordance with CSDB Policy GBED*, Background Checks.

Prior to hiring and in accordance with state law, the following steps shall be completed:

  1. The CSDB human resources office shall check with the Colorado Department of Education (CDE) to determine if there is any information on record indicating the applicant has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony or for a misdemeanor crime involving unlawful sexual behavior, unlawful behavior involving children or domestic violence, or had his or her license or authorization denied, annulled, suspended or revoked for such crimes.

The CSDB human resources office shall also check with CDE to determine whether the applicant has been dismissed by or resigned from a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior which was supported by a preponderance of the evidence according to information provided to CDE by a school district and confirmed by CDE in accordance with state law.

CDE shall also provide information regarding whether the applicant’s license or certification has ever been denied, suspended, revoked or annulled in any state, including but not limited to any information gained as a result of an inquiry to a national teacher information clearinghouse.

Information of this type that is learned from a different source shall be reported by CSDB to CDE. CDE will not disclose any information reported by a school unless and until CDE confirms that the allegation resulted in the person’s name being placed on the state central registry of child protection.

  1. The appropriate CSDB (hiring) supervisor shall contact the applicant’s previous employers to obtain information or recommendations relevant to the applicant’s fitness for employment, which may include but is not limited to verification of references, experience, education and professional qualifications.
  1. Utilizing a form provided by CSDB, the applicant shall submit an inquiry to the State Central Registry of Child Protection.

Fingerprinting

  1. All applicants selected for employment in a classified position or a non-classified position that does not require licensure must submit a complete set of fingerprints taken by a qualified law enforcement agency or an authorized CSDB employee along with a notarized, completed applicant self-disclosure form (GBED*-E), in accordance with state law.
  1. On the applicant self-disclosure form the applicant must certify either that he or she has never been convicted of a felony or misdemeanor charge (not including any misdemeanor traffic offense), or that he or she has been convicted of a felony or misdemeanor charge (not including any misdemeanor traffic offense). The form must specify the felony or misdemeanor, the date of conviction, and the court entering judgment.
  1. The CSDB human resources office will release the fingerprints to the Colorado Bureau of Investigation (CBI) for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the CBI and the Federal Bureau of Investigation (FBI).
  1. Although an applicant may be conditionally employed prior to receiving the results, he or she may be terminated if the results are inconsistent with the information provided on the applicant self-disclosure form*. In accordance with state law, the employer or applicantshall be terminated or disqualified from employment if the applicant fails to submit fingerprints as requested, or if the results disclose a conviction for any of the following offenses:
  1. felony child abuse, as described in C.R.S. 18-6-401;
  2. a crime of violence, as described in C.R.S. 18-1.3-406(2);
  3. a felony involving unlawful sexual behavior, as defined in C.R.S. 16-22-102(9);
  4. felony domestic violence, as defined in C.R.S. 18-6-800.3;
  5. a felony drug offense described in C.R.S. 18-18-401, committed on or after August 25, 2012;
  6. felony indecent exposure, as described in C.R.S. 18-7-302;
  7. attempt, solicitation or conspiracy to commit any of the offenses described in items a-f;
  8. an offense committed outside of this state, which if committed in this state would constitute an offense described in items a-g.

* CSDB will notify the district attorney of inconsistent results for action or possible prosecution.

In the event that disqualifying information is received during the background check process, the applicant shall be notified of the specifics of such information and given a reasonable opportunity to supply information that refutes the charges, such as a disposition from the court.

Once additional information relative to the charges is received, a determination regarding fitness for employment will be made by the superintendent. Such determination will be based on consideration of the following factors:

  • Applicant self-disclosure
  • Length of time since arrest
  • Nature of crime
  • Pattern of crime
  • Relationship of crime to position/assignment
  • Any other factor(s) deemed relevant by the superintendent

If a determination is made that an applicant is not fit for employment based upon background check information, the applicant must be notified of such (to include any applicable appeal or review rights).

Background check information for staff is confidential and is maintained by the CSDB human resources office.

Adopted by the Superintendent: February 27, 2012

Revised and Approved by the Superintendent: April 6, 2015

Colorado School for the Deaf and the Blind, Colorado Springs, COPage 1 of 3