GAMC Responsibility to Report Criminal Charges to Employer

Responsibility of Employee

Any employee of the Muscogee County School District that is arrested, charged, indicted, bound over by or to a grand jury, convicted, exonerated, enters a plea, or for whom the prosecuting attorney has entered a nolle prosequi in the official record,  for any crime or criminal offense in the State of Georgia or any other state in the United States whether the crime or criminal offense is a felony or misdemeanor, shall report each and all of these events, occasions, or developments to the School District’s Superintendent and to the Chief Human Resources Officer as soon as reasonably practical, but no later than three (3) calendar days after its occurrence.  This also includes any arrest or conviction outside of the United States.  Minor traffic violations such as speeding and parking tickets are exempt from reporting.  Driving under the influence (DUI) is not exempt from the requirement and must be reported.  A failure to report any of the above circumstances or events by the employee will result in the imposition of appropriate disciplinary action.

  1. Appropriate disciplinary action, including discharge, may be instituted by the School District.  In some cases, it may be necessary to delay disciplinary action pending disposition of criminal charges.  There will be appropriate due process rights and the opportunity for a hearing before the Board of Education for the employee to contest the disciplinary action where required by O.C.G.A. §20-2-940 et seq.
     
  2. The employee may be suspended, without pay, pending disposition of the criminal charges.  Appropriate due process shall be afforded to the employee including the opportunity for a hearing before the Board of Education where required by O.C.G.A. §20-2-940 et seq.
     
  3. If the conduct resulting in criminal charges is completely unrelated to School District employment and will not be likely to damage the employer-employee relationship, the employee may be allowed to continue working.
     
  4. Where applicable, the Superintendent of Education may temporarily reassign the employee until the charges/investigation is completed.

An employee suspended pending the disposition of criminal charges shall not report to work or be present in his normal work site during the period of suspension.

If no disciplinary action is taken to suspend or terminate the employee, but the employee is nevertheless unavailable for work within (5) calendar days of the institution of criminal charges, the position may be declared vacant and filled alternatively, the employee may be disciplined for vacating the position, up to and including discharge.  Appropriate due process shall be afforded to the certificated employee, including the opportunity for a hearing before the Board of Education or a tribunal where required by O.C.G.A. §20-2-940. et. seq.

SEXUALLY INAPPROPRIATE CONDUCT

It shall be a violation of this policy for any member of the district staff to engage in sexually inappropriate conduct, violative of the Official Code of Georgia, Title 16, Crimes and Offenses.  By way of example only, violations of this policy, under Title 16, would be action on the part of a staff member toward a student which constitutes enticing a child for indecent purposes (O.C.G.A. §16-6-5), or sexual exploitation of children (O.C.G.A. §16-12-100).  Such violations also would be grounds for disciplinary actions, including discharge. 

 

 

Original Adopted Date: 05/18/2015 Last Revised Date: 05/15/2017

Policy Type
Policy Audience