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Policies

Criminal Background Checks/Police Record Checks/

Vulnerable Sector Screening ~ Procedure 205.1

 

Policy, procedure and/or legal cross references (hyperlinks) are provided above


1.    Police Record Checks for Employees

 

All current employees will provide an Offence Declaration in accordance with Regulation 521/01, as amended by Regulation 322/03.

 

All new employees will be required to provide, at their own expense, an original Police Record Check/Criminal Background Check.

 

1.1     Definitions

 

     “Police Record Check” means a document concerning an individual which:        

  1. was prepared by a police force or service from national data on the Canadian Police Information Centre (CPIC) database within six (6) months, and
  2. provides information concerning the individual’s police record including Criminal Code (Canada) convictions, pardoned sexual offences, records of convictions under the Controlled Drugs and Substances Act, Narcotic Control Act and Food and Drugs Act and all outstanding warrants and charges.

“Offence Declaration” means, in respect of a Board, a written declaration signed by an individual listing all of the individual’s convictions for offences under the Criminal Records Act (Canada) up to the date of the declaration:

 

  1. that are not included in a Police Record Check collected by the Ontario College of Teachers (OCT) after December 31, 1998 or in the last criminal background check collected by the Board under this regulation, and
  2. for which a pardon under Section 4.1 of the Criminal Records Act (Canada) has not been issued or granted.

1.2     Requirements

 

The “Collection of Personal Information Regulation” will require the Upper Canada District School Board to do the following:

 

                        Current Employees

 

Provide to the Board an Offence Declaration by September 1 of each year in which the individual is employed by the Board.

 

          New Employees

 

  1. Condition of Employment

    The Board shall collect a Police Record Check – Vulnerable Sector Screening in respect of the individual before the day the individual commences employment with the Board.  All offers of employment with the Board shall be conditional upon the applicant supplying the required Police Record Check.  The Board shall collect an Offence Declaration from the individual by September 1 of each year in which the individual is employed by the Board after that day.
  1. Emergency Provision

Normally, a candidate shall not commence employment with the Board until a current verification of his/her Police Record Check has been supplied.  Only in an exceptional case will a person be permitted to commence employment with the Board before the Board has received verification.  In such a case, the candidate will be required to provide an Offence Declaration which may, at the Board’s sole discretion permit the candidate to commence employment prior to the submission of the Police Record Check.  Before any such exception is made, a binding agreement shall be entered into between the employee or any authorized representative of the employee and the Board ensuring that the verification be provided without delay and in a timely manner.  This agreement will preserve the Board’s power to revoke the offer of employment and dismiss the employee, should the Offence Declaration provided by the employee prove to be false or misleading in any respect.

 

1.3     Retention

 

           The Board shall retain an original or a true copy taken from the original and it  will be filed in a secure location.

 

1.4     Adjudication

 

Where evidence is received of a criminal conviction or other relevant conviction, the designated Board Adjudication Committee will consider at least the following factors in determining an appropriate course of action:

  1. the length of time since offence(s)
  2. any involvement of children and/or sexual activity and/or violence and/or acts of dishonesty in the offence(s)
  3. the employment history
  4. the employee’s attitude towards offence(s)
  5. any treatment, counselling or other services received since offence(s)
  6. other steps taken to rehabilitate
  7. any likelihood offence(s) will be repeated
  8. if alcohol or illegal drugs were a factor in commission of offence(s)
  9. the degree of co-operation with this investigation
  10. if the offence(s) committed while employed by the Board
  11. if the employee is a teacher, relevance of offence(s) to teacher duties as set out in the Education Act and Regulations
  12. if the employee is not a teacher, relevance of offence(s) to their employment duties, and
  13. whether the offence(s) require any action pursuant to the Student Protection Act (including notification of the Ontario College of Teachers).

The course of action may include disciplinary action up to and including dismissal and/or withdrawal of offer and shall be in compliance of other Board policies, collective agreements and legislation.

 

1.5     Consequences of Non-compliance

 

    Employees who fail to provide a signed Offence Declaration form by the date prescribed by the Board may be suspended without pay until the form is received.

 

2.    Police Record Checks for Service Providers

 

The Board will contract with the Ontario Education Services Corporation (OESC), a non-profit company established by the four School Boards’ Associations in Ontario and the Council of Directors of Education, to collect and adjudicate police record checks on Service Providers and employees of Service Providers who are identified by the Board as potentially coming into direct and regular contact with students.

 

2.1     Definitions

 

“Service Provider” means an individual who is not an employee of the Board and who comes into direct contact with students on a regular basis at a school site of the Board in the normal course of:

  1. providing goods or services under contract with the Board, carrying out his or her employment functions as an employee of a person who provides goods or services under contract with the Board, or
  2. providing services to a person who provides goods or services under contract with the Minister.

“Identification Card” means a wallet sized card, issued by the OESC for a three (3) year period to an individual Service Provider who has been determined to present no unacceptable risk to students who may attend school property and come in direct and regular contact with students.

 

2.2     Requirements

 

Board staff will include appropriate language in any new Request for Proposal/Tender/Quotation of Contract and will determine in its sole and unfettered discretion whether an individual or employee of a successful bidder may come into direct contact with students on a regular basis.

 

Board staff will update the Service Provider list, communicate this information to the OESC and inform any new Service Provider about the requirements.

 

School staff will ensure that Identification Cards are shown, together with a valid piece of photo-identification, upon service providers entering any school site.

 

2.3     Adjudication

 

The Ontario Education Services Corporation (OESC) will use a panel of experts to screen Service Provider employees who have police records.  The OESC will use published screening criteria and adjudication procedures which will strive to ensure provincial consistency in adjudication.  All decisions of OESC will be final.

 

2.4     Consequences of Non-compliance

 

A Service Provider who fails to comply with the Police Record Check requirements of the Board through OESC will be barred from providing goods and/or services to the Board.

 

3.    Police Record Checks for Volunteers/Co-op Placements

       

3.1     Requirements

 

All persons who will be volunteering, including job shadowing, coaching, support and school co-op placements for individuals eighteen (18) years and older and who will be in contact with students of the Upper Canada District School Board are to provide a Police Record Check/Criminal Background Check – Vulnerable Sector Screening completed by the appropriate local police service and submitted to the Principal prior to the individual commencing at the school.

 

Procedures for obtaining a Police Record Check from local police services may vary in the various communities throughout the Upper Canada District School Board and Principals must follow those procedures that apply to their school.  The police service may charge a fee.  The school is to cover the cost.  The Board, through the Human Resources Department, will reimburse the school for this cost.

 

The Principal shall collect an Offence Declaration annually thereafter from the individual, if they continue to volunteer at the school.

 

3.2     Retention

 

The school will maintain the Police Record Checks/Criminal Background Checks and Offence Declarations in a secure location in accordance with established procedures to ensure compliance with the Freedom of Information of Privacy Act, 1989.

 

3.3     Adjudication

 

Where evidence is received of a criminal conviction or other relevant conviction, the school Principals, along  with their Regional Superintendents will continue to adjudicate using the factors outlined in 1.4 of this procedure and will determine the appropriate course of action prior to the individual commencing at the school

 

3.4     Consequences of Non-compliance

 

Any volunteer who fails to comply with the Police Record Check requirements of the Board will be denied school access pending compliance.

 

4.    Police Record Checks for Others Having Direct and Regular Contact with Students

 

In order to apply a consistent standard to all individuals who have direct and regular contact with students, meet regulatory requirements to be in place by September 1, 2004 and  further the effort to ensure the safety of students and minimize potential Board liability, the Board will contract with the Ontario Education Services Corporation (OESC), a non-profit company established by the four School Boards’ Associations in Ontario and the Council of Directors of Education, to collect and adjudicate Police Record Checks on individuals in the following categories and who have been identified by the Board as potentially coming into direct and regular contact with students.

 

Provincial Organizations (now effective January, 2005)

 

Provincial organizations that provide services to schools, but who are not Service Providers as defined in the regulation (including, but not limited to):

 

a)  Public Health Departments

b)  Victorian Order of Nurses

c)  Community Care Access Centres

d)  Children’s Mental Health

e)  Provincial Schools Authority

f)  Day Nurseries

                g)  Children’s Aid Societies

 

Faculty of Education Students

 

Students attending university who require practicum placements in schools.

 

4.1     Requirements

 

School staff will ensure that Identification Cards are shown, together with a valid piece of photo-identification upon entering any school site.

 

4.2     Adjudication

 

The Ontario Education Services Corporation (OESC) will use a panel of experts to screen “Others” who have Police Records.  OESC will use published screening criteria and adjudication procedures which will strive to ensure provincial consistency in adjudication.  All decisions of the OESC will be final.

 

4.3     Consequences of Non-compliance

 

Any “Others” who fail to comply with the Police Record Check requirements of the Board through the OESC by September 1, 2004 will be denied school access pending compliance.


 

Revised:

April 20, 2006

September 13, 2010

 

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