School Board of the City of Virginia Beach
Policy 4-5
PERSONNEL
Criminal Charge Filed Against Employee: Notification of Superintendent and School Board
A. Employee Notification to Superintendent
When any teacher or other public school employee of this division, whether full-time or part-time, permanent, or temporary, has been charged by summons, warrant, indictment or information with the commission of a felony; a misdemeanor involving (i) sexual assault as defined in § 18.2-61 et seq. of the Code of Virginia; (ii) obscenity and related offenses as defined in § 18.2-372 et seq. of the Code of Virginia; (iii) drug related offenses including but not limited to possession of marijuana or of drug paraphernalia or as defined in § 18.2-247 et seq. of the Code of Virginia; (iv) moral turpitude; (v) the physical or sexual abuse or neglect of a child; public drunkenness; driving under the influence of alcohol or drugs; reckless driving; disturbing the peace; or an equivalent offense in another state; or is the subject of a Department of Social Services (CPS) investigation into an allegation of child abuse or neglect or a Department of Social Services (CPS) founded disposition of child abuse or neglect, that employee shall notify the Superintendent of the charge.
The notification of the Superintendent shall be in writing and shall be accompanied by the name and address of the complainant, date of the alleged offense and a copy of the summons, warrant, indictment, information or other document served upon the employee notifying the employee of the charge. The written notification to the Superintendent from the employee shall be delivered to the Superintendent as soon as practical, and in no event later than the first working day following the service of the summons, warrant, indictment or information upon the employee.
Failure of the employee to give the Superintendent written notice, as set forth above, may be cause for termination of the employee.
B. Superintendent Notification to School Board and Commonwealth Attorney
The Superintendent shall inform the School Board and Commonwealth Attorney in writing of any notification of the arrest of a School Board employee which is provided by the employee pursuant to Section A above or which is provided to the Superintendent by a state official or agency or a local law-enforcement agency pursuant to § 19.2-83.1 of the Code of Virginia.
C. Federal Bureau of Investigation Background Check
The School Board shall require any employee identified pursuant to this policy (other than those charged with public drunkenness, driving under the influence of alcohol, reckless driving, disturbing the peace, or those being investigated for child abuse or neglect or the subject of a founded disposition of child abuse or neglect) or pursuant to § 19.2-83.1 of the Code of Virginia to submit to a Federal Bureau of Investigation (FBI) background investigation.
The Superintendent shall develop a procedure to ensure that all employees identified pursuant to this policy undergo an FBI background investigation as required by § 22.1-296.2(B) of the Code of Virginia.
Editor’s Note
See School Board Policy 4-90 background checks for
substitutes.
See School Board Policy 2-48 background checks for administrators.
See School Board Policy 4-56 background checks for licensed personnel.
See School Board Policy 4-75 background checks for classified personnel.
D. Assistance of Local Authorities
The Superintendent shall request that the Virginia Beach Police Department, the Virginia Beach City Attorney and Commonwealth Attorney, and the Department of Social Services notify the Assistant Superintendent, Human Resources upon the conviction of a division employee for any offense enumerated in subsection A or upon a division employee becoming the subject of a Department of Social Services founded disposition of child abuse or neglect.
Legal Reference:
Code of Va., §§ 19.2-83.1, 22.1-296.2(B) and 22.1-315
Virginia Beach City Code §21-336.
For access to criminal records see §§ 19.2-388, 19.2-389 and 19.2-389.1.
For State Police Web site on sex offenders see http://sex-offender.vsp.state.va.us
Adopted by School Board: October 15, 1996
Amended by School Board: March 17, 1998
Amended by School Board: February 15, 2000