GKG(LOCAL) - COMMUNITY RELATIONS: SCHOOL VOLUNTEER PROGRAM
Volunteers may be used in the schools or departments to mentor, tutor, or relieve staff of routine and clerical matters so they may increase their effectiveness in instruction. In some cases, the volunteers shall supplement the staff's work through the volunteers' special resources.
Volunteers in the schools or departments shall work directly under the supervision of the principal or designee in whose building they are assigned, in accordance with approved procedures. [See GKG(REGULATION)]
Criminal History Record Check
The District shall obtain the criminal history record of prospective volunteers, including chaperones, mentors, and tutors.
Any individual who fails or refuses to grant authorization for the District to conduct a criminal history check shall not be eligible to serve as a volunteer.
All volunteers have the potential for contact with students. The District shall disqualify from volunteering a person whose criminal history indicates that the person poses a threat to students or employees.
The District shall perform an individualized assessment of criminal history record information when determining a person's eligibility to volunteer. The District shall take into account a variety of factors, including the following:
- The nature of the offense;
- The age of the person when the crime was committed;
- The date of the offense and how much time has elapsed;
- The adjudication of the offense (e.g., whether the person was found guilty by a trier of fact, pled guilty, entered a no-contest plea, or received deferred adjudication);
- The effect of the conduct on the overall educational environment; and
- Any further information provided by the person concerning his or her criminal history record.
The fact of an arrest alone does not establish that criminal conduct has occurred, and the District shall not disqualify a person based solely on an arrest. The District may make a decision regarding whether an individual may volunteer based on the conduct underlying the arrest if the conduct poses a threat to students or employees.
Pending Charges and Indictments
No individual with a charge or indictment for a misdemeanor involving moral turpitude or a felony shall be eligible for volunteering pending adjudication of the case.
Offenses for Which Exclusion is Likely
A record of certain offenses carries a high likelihood that the District will exclude the individual from volunteering. Subject to an individualized assessment, the following classes of offense will likely preclude volunteering with the District:
- Any offense requiring exclusion pursuant to Education Code 22.085.
- Any offense for which allowing the individual to volunteer places the safety of both students and employees at risk, regardless of the date of the offense or the age of the victim. Such offenses include homicide, murder, capital murder, unlawful transport, false imprisonment, trafficking of persons, improper relationship between educator and student, sexual assault, aggravated sexual assault, rape, child abuse, sale or purchase of a child, arson, robbery, aggravated robbery, prostitution or solicitation of prostitution, child pornography, and sexual solicitation of a child.
- Any felony conviction that occurred within the ten years prior to application to volunteer with the District.
- Any Class C misdemeanor conviction involving moral turpitude within the ten years prior to application to volunteer with the District. [The definition of moral turpitude is found at DH(LOCAL).]
Adjudication of Offenses
In considering the adjudication of the offense, the following standards apply.
The District will ordinarily treat a conviction as proof of guilt. A conviction record constitutes reliable evidence that a person engaged in the criminal conduct "beyond a reasonable doubt."
An arrest record alone does not establish criminal conduct. Before the District makes a decision based on an arrest, the District will examine the circumstances surrounding the arrest and will make any necessary inquiries. The District is not required to conduct an extensive investigation to determine the individual's guilt or innocence but need only make inquiries that could shed light on the likelihood of the individual's guilt in committing the underlying offense.
An arrest will be treated as a conviction when inquiries suggest a high likelihood that the individual committed the underlying offense. Where such a determination is not found, the arrest will not be used to disqualify the individual from volunteering.
A grant of deferred adjudication resulting from a no-contest or guilty plea will ordinarily be treated as an admission of guilt. However, the District will make inquiries similar to the inquiries made when an arrest is reported.
When such inquiries suggest a high likelihood that the individual committed the underlying offense, deferred adjudication will be treated as a conviction. Where such a determination is not found, deferred adjudication will not be used to take an adverse decision against the individual.
Not Guilty, Withdrawn, or Dismissed Charges
For a not guilty, withdrawn, or dismissed adjudication, the individual will be asked to explain, in writing, the circumstances and must provide a certified copy of the court paperwork showing the final disposition of every charge. The District may make additional inquiries into the surrounding circumstances.
The charges will be treated as a conviction when such inquiries suggest a high likelihood that the individual committed the underlying offense. Where such a determination is not found, the criminal history in question will not be used to take an adverse decision against the individual.
An individual with multiple offenses that individually do not make him or her ineligible to volunteer may be disqualified from volunteering when repetitious criminal behavior indicates a high degree of likelihood for recurrence of the behavior.
Visitors to the schools who are subject to the constant supervision of a District employee shall be exempt from the criminal history record check but shall be required to present his or her driver's license to be scanned in accordance with GKC(LOCAL) and (REGULATION).