Central Office 500 Main Street, Eau Claire, WI 54701-3770
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Pre-Employment Criminal Background Check Procedures

533.1-Rule


Pre-Employment Criminal Background Check Procedures-533.1-Rule

The conviction record of any adults recommended for employment must be obtained and reviewed prior to finalizing the decision to employ.

Conviction Report

Conviction means the final judgement on a verdict or a finding of guilty, a plea of guilty, or a plea of nolo contendere, in any state or federal court of competent jurisdiction in a criminal case, regardless of whether the appeal is pending or could be taken. Conviction does not include a final judgement which has been expunged by pardon, reversed, set aside, or otherwise rendered invalid. In accordance with State Statute 111.335, convictions will not bar employment unless they are substantially related to the circumstances of a particular job.

Disclosure Statement

The Pre-Employment Disclosure Statement requires individuals to indicate all convictions, or pending charges on violations of criminal law. If the person recommended for employment refuses to cooperate in fully completing the disclosure form or is found to have provided false, inaccurate, or incomplete information on the disclosure form, the person will be disqualified from consideration of employment or if already hired, the person will be discharged thereafter upon discovery of the falsification. If the crime record confirms a conviction or pending charges which the candidate acknowledged on the application form, a determination shall be made, in consultation with legal counsel, whether or not to reject the application based upon consideration of the circumstances surrounding the conviction or pending charge and whether these circumstances substantially relate to the nature of the particular position for which the candidate is being considered.

Crime Records Check

The Department of Justice will provide the information necessary for the Eau Claire Area School District to complete a crime record check for each applicant recommended for employment. The district will reimburse the Department of Justice for this service.

Employee Rights

Persons recommended for employment will be provided a copy of the conviction report upon request. If any convictions are shown, such persons will have an opportunity to attach any statement or explanation to the conviction report. The disclosure statement and conviction report will be maintained in the person's personnel files for as long as the persons are employed by the district as prescribed by the records retention schedule of the Wisconsin DPI.

Referenced Acts, Statutes, Instructions:
Cross Reference:                            
Adopted: February 1995
Revised:

EAU CLAIRE AREA SCHOOL DISTRICT BOARD POLICY

 

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