POLICIES AND REGULATIONS                                                                     Policy #68

CRIMINAL RECORD** CHECKS

Statement of Policy

The Peel District School Board has the responsibility, under law, to provide a safe and secure working and learning environment for students and employees. The Board is in a position of trust with regard to students and must protect their intellectual, physical, mental, and emotional well being.

The Board must ensure that applicants for employment have not been convicted of criminal offences that would, if repeated, compromise the safety and well-being of students or other employees. Since September 1, 2000, the Board has required that all new employees provide ** both a criminal record declaration and ** a Criminal Record Check **. This requirement has since been reinforced under Regulation 521/01 (as amended), made under the Education Act. This regulation added a further requirement for the Board to collect Offence Declarations both annually and prior to employee transfers.

All individuals are required to provide an original Criminal Record Check that is satisfactory to the board prior to the commencement of any duties. The Criminal Record Check must have been executed within the preceding 90 days of receipt and include a vulnerable sector screening. Any cost related to obtaining the Criminal Record Check is the sole responsibility of the individual.

The original copy of the Criminal Record Check, and any additional information requested, will become the property of the Peel District School Board, and will not be returned, copied or forwarded to any other institution or individual.

With respect to volunteers, it is the responsibility of the principal, who under the Education Act is in charge of instruction, organization and management of a school to determine what activities the volunteers participate in, with which students and in which setting. It is also recognized that principals and teachers have a duty of care to their students. Duty of care is the legal principle which identifies the obligation to exercise reasonable care including the protection from harm. The Criminal Record Check is a step in the board's duty of care should direct and regular contact occur between a volunteer and a student. In this case, the above requirements for submitting a satisfactory Criminal Record Check will apply.

Criminal Record Checks for Service Providers, Individuals Requiring a Placement for Professional Certification, and Others

The Board has entered into a 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 Criminal Record Checks on all Service Providers, and employees of Service Providers, Individuals requiring a placement for professional certification, and Others.

The Peel District School Board will not knowingly offer the opportunity for employment, volunteering, providing a service, or any other opportunities to any person with a record of criminal conviction, for which a pardon has not been granted, for the following types of offenses:

1. any sexual offence under the Criminal Code of Canada, committed against a child under 16 years of age, including but not limited to namely, sexual interference, invitation to sexual touching, incest, bestiality, parent/guardian procuring sexual activity, householder permitting sexual activity, corrupting children, indecent act, keeping common bawdy house, procuring, offence in relation to prostitution, or any other offences which may be created at future date of a similar nature;
   
   
2. sexual exploitation;
   
   
3. sexual assault;
   
   
4. trafficking in or importing for the purpose of trafficking a narcotic under the Narcotic Control Act or a controlled or restricted drug under the Food and Drug Act or any related criminal offence;
   
   
5. any offence which may pose a risk to the well-being of any of the Board's students or staff.

While the convictions above will result in an absolute restriction to school/board access, the Peel District School Board does recognize the principle of rehabilitation.

In making a final decision, any mitigating circumstances must be assessed, and the following factors would be considered where applicable:

• the specific duties and responsibilities of the position in question and the relevance of the criminal charge(s) and convictions to the particular position;
  
  
• the length of time since the conviction;
  
  
• rehabilitative or other efforts undertaken (treatment, counselling, etc.);
  
  
• a discharge or statements regarding probation, and if appropriate
  
  
• appreciable risk to the safety or security of students, employees, volunteers or board property and equipment
  
  
• any involvement of children; sexual activity; violence, and/or acts of dishonesty in the offence
  
  
• the employment history (if applicable)
  
  
• the individual’s attitude towards the offence(s)
  
  
• the degree of co-operation with the investigation
  
  
• if the offence(s) was committed while employed by the Board

Consequences of Non-compliance

Until such time as an individual has provided all the documentation with respect to the Criminal Record Check/Offence Declaration requirements including the submission of any additional supporting documentation requested by the Board no later than the date prescribed by the Board, the consequences of non-compliance are as follows:

• Employees may be suspended without pay until the requested documentation is received. The course of action may also include disciplinary action up to and including dismissal, and/or withdrawal of offer of employment, and shall be in compliance of other Board policies, collective agreements and legislation
  
  
• Individuals requiring a placement for professional certification will be restricted from commencing their placement.
  
  
• Volunteers will be restricted from volunteering
  
  
• Service Providers/Others will be restricted from providing goods and/or services to the Board

  (Bold print together with underlining indicates new language)
  ([[ signifies removal of language)

  Policy #68 - Interim Policy On Criminal Records Checks For New Employees/Volunteers
  Approved May 9, 2000
  
  Policy #68 – Criminal Records Checks
  Approved February 25, 2003 (replaces Interim Policy On Criminal Records Checks For New Employees/Volunteers)
  
  Policy #68 – Criminal Record Checks
  Approved February 8, 2005
  Reviewed December 2005