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Administrative Procedure

AP-723 — Criminal Record Check

Section Seven: Personnel and Employee Relations
Effective Date: October 5, 2015 Last Reviewed: October 26, 2020

Background

As part of its commitment to safety of students and employees, Grasslands School Division requires the provision of a current (within six months), original criminal record check as a condition of employment for all new employees.

While in schools or supervising students, "the position is one of authority or trust relative to children." (Quotation from Criminal Records Act 6.3(3)). A vulnerable sector check will therefore be required for all employees. Volunteers who are in positions of authority or trust relative to children will be approved only after providing the same checks as are required of new employees.

Existing employees may also be required to provide a new Criminal Record Check and is required to report any criminal charge filed against them.

In some circumstances a child intervention check may also be required for prospective or existing employees or volunteers.

Definitions

Child Intervention Check means obtaining from Child and Family Services a record indicating whether or not an individual has been involved in a Child Intervention investigation, or placed a child under the protection of the Child, Youth and Family Enhancement Act.

Criminal Record Check (CRC) means obtaining from the R.C.M.P., or appropriate police force, a record of all convictions registered under any federal Act or regulation and for which an official pardon granted under Section 3 of the Criminal Record Act, has not been obtained.

Vulnerable Person - from the Criminal Records Act

"6.3 (1) In this section, "vulnerable person" means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

(a) is in a position of dependency on others; or

(b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them."

Vulnerable Sector Check means obtaining from the R.C.M.P., or appropriate police force, a record of an individual's conviction for a sexual offence in respect of which a record suspension or pardon has been granted or issued.

Procedures

  1. A criminal record check, vulnerable sector check, and/or child intervention check will be used only in the assessment of the suitability of a candidate who has been offered a specific position with Grasslands School Division. It is provided with the consent of the applicant as a condition of employment. If an applicant who has been offered a position refuses to provide the requested information, that applicant will no longer be a candidate for employment in that position.
  2. All job postings, advertisements for positions with Grasslands School Division and standard application forms for employment, must state that all applicants not currently employed by Grasslands School Division will be required to produce a satisfactory current CRC, including the vulnerable sector check, before employment is commenced.
  3. If the CRC reveals a criminal record, the prospective employee shall be given an opportunity to meet with the superintendent or designate to provide specific information about the offence and explain the circumstances. If required in order to make a decision regarding suitability for employment, the prospective employee shall be required to provide a more detailed check that verifies the date of the conviction and the criminal offence.
  4. If the CRC reveals that previous charges may exist, the employee will be required to provide a more detailed check that verifies the charge and disposition.
  5. Prospective employees who have criminal records will have their suitability for employment determined by the Superintendent based on:
    1. the nature of the offence;
    2. the age of the offence;
    3. the type of work which the applicant is seeking, including the demands and requirements of the position;
    4. the impact of the record on the applicant's ability to perform the duties;
    5. the threat of physical or sexual abuse to children or others if the offence is repeated; and
    6. any other factor determined to be relevant.
  6. Candidates who have been offered a position are required to report to the superintendent any charges of criminal offences that have not yet been resolved. A decision about suitability for employment may be delayed until the matter has been resolved.
  7. Any employee who has a criminal charge filed against him/her must immediately report this to the superintendent. Depending on the nature of the offence, the duties of the employee, and the potential risk to children or other employees, the employee may be suspended and disciplinary action may later be taken depending on the outcome of all proceedings related to the charge. Disciplinary action may also be taken for failure to report a criminal charge.
  8. The superintendent may require an existing employee or volunteer to provide a current CRC.
  9. Volunteers who may be alone with students while volunteering will be required to provide a CRC. The principal shall inform prospective volunteers of the requirements and shall attach the CRC to the recommendation for approval when it is sent to the Superintendent. The Superintendent shall follow the same process as is used with new employees.
  10. Depending on the nature of the position, a prospective employee may also be required to authorize the provision of a child intervention check.

Criminal Record Check Practice – All New Employees – Including Substitutes

  1. A new employee must provide a criminal record check. He or she will be allowed to begin work in Grasslands only after:
    1. producing a clear CRC; or
    2. the superintendent has reviewed the details of the record and authorized the person's employment.
  2. The prospective employee will provide the CRC to the superintendent or designate. The original will be placed in a file in a secured location in the Grasslands Central Office and accessible only to the superintendent or designate. No copies shall be made; a confirmation of receipt of CRC will be placed in the personnel file.
  3. The superintendent or designate shall inform the principal when approval to begin employment has been granted.
  4. The principal will ensure that the person who has been offered employment does not commence work until approval has been received from the superintendent or designate.
  5. In the case of substitutes, the person will not be placed on a substitute list until approved by the superintendent or designate.

Volunteers

As per Administrative Procedure 760 – Volunteers, approval must be obtained from the district principal prior to authorizing volunteers to work with students in a capacity in which they may be alone with students. The school principal shall inform the prospective volunteer of the requirement that a criminal record check be provided. The CRC and approved Volunteer Registration Form will be filed in a secure location in the Grasslands office.