Policy ADDA: Criminal and Sexual Offender Record Information (C.O.R.I)

The Superintendent of Schools, or his/her designee, will obtain fromthe Criminal History Systems Board and will have access to all availablecriminal offender record information (CORI) of current or prospectiveemployees, interns, any individual who regularly provides school relatedtransportation to children, and any volunteer who regularly has directand unmonitored contact with children.

The Superintendent of Schools, or his/her designee, will also haveaccess to all criminal offender record information of any subcontractoror laborer who is hired to perform work on school grounds and who mayhave direct and unmonitored contact with children.

A CORI check will be conducted on every employee and every suchvolunteer at the time of employment application or commencement ofvolunteer service. Requests for data will be made to the CriminalHistory Systems Board. Any prospective employee, whether full time orpart time, or volunteer who regularly may have direct and unmonitoredcontact with children, will be required to sign a form acknowledging therequest of such information and will be advised in advance that arecord check will be done. CORI checks will be conducted on all ofthese individuals every three years, and a CORI check may also be doneduring the intervening period at the discretion of the Superintendent ofSchools or his/her designee.

Recognizing the confidential and sensitive nature of the informationinvolved, only the Superintendent of Schools or his/her designee willhave access to such data and only to the extent such information isneeded for the performance of his/her duties, as follows; for thepurpose of considering and making decisions regarding otherwisequalified applicants for employment or volunteer status, and inconsidering and making decisions for retention of current employees,interns or volunteers. Any such information gained will be treated in aconfidential manner and retained in secured files with access only bythe Superintendent of Schools or his/her designee. Only one copy of anindividual’s CORI record will be maintained.

The Superintendent of Schools, or his/her designee, will adhere tothe following State Criminal History Systems Board procedures todetermine eligibility for employment or volunteerism:

Where Criminal Offender Record Information checks are part of ageneral background check for employment or volunteer work, the followingpractices and procedures will generally be followed:

I. CORI checks will only be conducted as authorized by CHSB. Allapplicants will be notified that a CORI check will be conducted. Ifrequested, the applicant will be provided with a copy of the CORIpolicy.
II. An informed review of a criminal record requires adequate training.Accordingly, all personnel authorized to review CORI in thedecision-making process will be thoroughly familiar with the educationalmaterials made available by CHSB.
III. Unless otherwise provided by law, a criminal record will notautomatically disqualify an applicant. Rather, determinations ofsuitability based on CORI checks will be made consistent with thispolicy and any applicable law or regulations.
IV. If a criminal record is received from CHSB, the authorizedindividual will closely compare the record provided by CHSB with theinformation on the CORI request form and any other identifyinginformation provided by the applicant, to ensure the record relates tothe applicant.
V. If the School District is inclined to make an adverse decision basedon the results of the CORI check, the applicant will be notifiedimmediately. The applicant shall be provided with a copy of thecriminal record and the organization’s CORI policy, advised of thepart(s) of the record that make the individual unsuitable for theposition, and given an opportunity to dispute the accuracy and relevanceof the CORI record.
VI. Applicants challenging the accuracy of the policy shall be provided acopy of the CHSB’s Information Concerning the Process in Correcting aCriminal Record. If the CORI record provided does not exactly match theidentification information provided by the applicant, the SchoolDistrict will make a determination based on a comparison of the CORIrecord and documents provided by the applicant. The School District maycontact CHSB and request a detailed search consistent with CHSB policy.
VII. If the School District reasonably believes the record belongs tothe applicant and is accurate, based on the information as provided inSection IV on this policy, then the determination of suitability for theposition or license will be made. Unless otherwise provided by law,factors considered in determining suitability may include, but not belimited to the following:
a. Relevance of the crime to the position sought;
b. The nature of the work to be performed;
c. Time since the conviction;
d. Age of the candidate at the time of the offense;
e. Seriousness and specific circumstances of the offense;
f. The number of offenses;
g. Whether the applicant has pending charges;
h. Any relevant evidence of rehabilitation or lack thereof;
i. Any other relevant information, including information submitted by the candidate or requested by the district.

VIII. The School District will notify the applicant of the decision and the basis of the decision in a timely manner.

LEGAL REF:

MGL 71:38R , 151B, 276, 100A, St 2002, c. 385
Massachusetts Criminal History Systems Board Procedures (January 2008)

Region Voted to Approve: 9/27/05 - Voted to Amend 4/8/08
Amherst Voted to Approve: 1/18/05 û Voted to Amend 4/15/08
Pelham Voted to Approve: 9/7/06 û Voted to Amend 6/17/08
Effective Date: 9/27/05 û amended 4/8/08