SPS Policy Manual - Saginaw Public Schools

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Section 5000 – Human Resources 5175 Criminal History and Background Checks 5175-2 Criminal history and records checks shall be used for employment purposes only. No Board member or employee shall disclose the report or its content, except a felony conviction or a misdemeanor conviction involving sexual or physical abuse, to any person other than those directly involved in evaluating the applicant’s qualifications for employment. 13 Background Checks - Employment History - Unprofessional Conduct Upon an offer of initial employment by the Board, all persons shall have undergone an unprofessional conduct background check. A staff person may be hired prior to the results of the unprofessional conduct background check following the guidelines in current law. The Superintendent will promulgate appropriate administrative rules regarding the procedures to be followed in obtaining criminal history and background checks. Approved: LEGAL REF: MCL 380.1230; 380.1230a; 380.1230b; 380.1230c; 380.1535a(9) Health Code (concerning distribution of marijuana to minors near school property); 5) a violation of section 115, 141a, 145a, 335a, or 359 of the Michigan Penal Code (concerning breaking and entering; consumption or possession of alcohol by minors, or controlled substances at social gatherings; soliciting a child for immoral purposes; indecent exposure; and damage to vacant buildings); or a misdemeanor violation of section 81, 81a, or 145d of the Michigan Penal Code (including assault and battery; domestic assault; assault and infliction of serious injury; and using the Internet to commit a crime against a minor); 6) a misdemeanor violation of Section 701 of the Michigan Liquor Control Act (concerning the prohibition of liquor sales to minors); 7) any misdemeanor that is a listed offense; and 8) a violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States – as amended by 2005 PA 130. MCL 380.1535a(2) includes the following offenses: a) Criminal sexual conduct in any degree, assault with the intent to commit criminal sexual conduct, or an attempt to commit criminal sexual conduct in any degree; b) Felonious assault on a child 12 , child abuse in the first degree, or an attempt to commit child abuse in the first degree; c) Cruelty, torture, or indecent exposure involving a child; d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410, or 7416 of the <strong>Public</strong> Health Code (concerning unlawful manufacture, delivery, or possession of controlled substances or controlled substance analogues; distribution of marijuana to minors near school property; and recruiting or inducing a minor to commit a felony); e) A violation of section 83, 89, 91, 145a-c, 316-17, 350, 448, 455, or 529 of the Michigan Penal Code (concerning assault with intent to commit murder or to steal while armed; attempt to murder; consumption or possession of alcohol by minors, or controlled substances at social gatherings; first and second degree murder; armed robbery; and using the Internet when committing a crime against a minor); f) A violation of section 158 of the Michigan Penal Code if the victim was an individual less than 18 years of age (concerning crimes against nature or sodomy); g) Except for a juvenile disposition or adjudication, a violation of section 338, 338a, or 338b of the Michigan Penal Code if the victim was an individual less than 18 years of age (concerning gross indecency between males, females, and between males and females); h) A violation of section 349 of the Michigan Penal Code if the victim was an individual less than 18 years of age (concerning kidnapping); i) An offense committed by a person who was, at the time of the offense, a sexually delinquent person – any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16; j) An attempt or conspiracy to commit an offense listed in (a) or (e-i); k) A violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States; Any crime listed in 1535(1), if the superintendent of public instruction determines the public health, safety or welfare requires emergency action based on the circumstances underlying the conviction. 13 Any person that violates this policy may be found guilty of a crime. SCHOOL DISTRICT OF THE CITY OF SAGINAW
Section 5000 – Human Resources 5180 Unauthorized Release of Information 5180 Employees of the District may have ongoing opportunities to access confidential information or records that are only available to the public on a limited review basis. Much of the information processed by District employees is confidential, and law governs its release; for example, driver record and vehicle registration information, confidential student records, criminal history background check information, information obtained pursuant to Family Independence Agency intervention, and professional misconduct background checks. It is the policy of the Board that employees are prohibited from divulging information contained in the records and files of the District, except to other, authorized employees who may need such information in connection with their duties and to authorized persons in accordance with law, District policies, and administrative rules. If an employee is approached to provide information inappropriately, the employee must refuse to release the requested information unless authorized by his/her supervisor or otherwise required to release the information under law or court order. In all cases, the employee’s immediate supervisor shall be informed, immediately, of any requests. Any employee who inappropriately releases information, or uses confidential information obtained in the course of his/her employment with the District for personal reasons or private gain, will be disciplined in accordance with Board policies, collective bargaining agreements, and District procedures. Disciplinary action may include severe penalties, up to, and including, discharge. The District shall apply the requirements set forth in this policy, equally, to any data processing Subcontractor employed. Data processing Subcontractors shall be required to adopt this, or a similar policy, regarding their own employees as a condition of their contractual agreement with the District. The Superintendent shall promulgate appropriate administrative rules to help assure the confidentiality of records and, particularly, those records obtained through electronic means. Approved: LEGAL REF: Federal Driver Privacy Protection Act of 1994 (18 USC 2721 et seq.); MCL 257.208c - 208d; MCL 257.903; MCL 380.1230 SCHOOL DISTRICT OF THE CITY OF SAGINAW
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Preface PREFACE Preface-1 The polic
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Preface Preface-3 After the reader
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Board Bylaws BOARD BYLAWS TABLE OF
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Board Bylaws Section 1. Legal Statu
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Board Bylaws Section 1. Election of
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Board Bylaws ARTICLE V Administrati
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Board Bylaws APPENDIX A CONTRACTS A
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Board Bylaws APPENDIX B BOARD MEMBE
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Section 8000 - Students 8000—STUD
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SPS Policy Manual - Saginaw Public Schools

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