Butte School District
The Board of Trustees
PERSONNEL 5220
Prohibition on Aiding Sexual Abuse
The district prohibits any employee, contractor or agent from assisting a school employee, contractor or agent in obtaining a new job if the individual or district knows or has probable cause to believe that such school employee, contractor or agent engaged in sexual misconduct regarding a minor or a student in violation of the law. This prohibition does not include the routine transmission of administrative and personnel files.
This prohibition does not apply under certain conditions specified by the Every Student Succeeds Act (ESSA) such as:
- The matter has been reported to law enforcement authorities and it has been officially closed or the school officials have been notified by the prosecutor or police after an investigation that there is insufficient information to establish probable cause, or;
- The individual has been acquitted or otherwise cleared of the alleged misconduct, or;
- The case remains open without charges for more than 4 years after the information was reported to a law enforcement agency.
Legal Reference:
ESSA section 8038, § 8546
Policy History:
Adopted on: 12/18/17
Revised on:
- 5000 - Board Goal/Personnel
- 5002 - Accommodating Individuals with Disabilities
- 5010 - Equal Employment Opportunity & Non-Discrimination
- 5012 - Sexual Harassment/Sexual Intimidation in the Workplace (opens in new window)
- 5012-F Sexual Harassment Reporting Form for Employees (opens in new window)
- 5012P Sexual Harassment Grievance Procedure - Employees
- 5015 - Bullying/Harassment/Intimidation
- 5015F Harrassment Reporting Form for Employees (opens in new window)
- 5120 - Hiring Process & Criteria
- 5120 F-1 Fingerprint Declaration (opens in new window)
- 5120 F-2 Determination of Eligibility for Hire or Assignment (opens in new window)
- 5120 F-3 Privacy Act Statement Proposed (opens in new window)
- 5120 F-4 Incident Response Form (opens in new window)
- 5120 F-5 Re-dissemination to individual (opens in new window)
- 5120 P Federal Background Check Fingerprints and Information Handling Procedure
- 5121 - Applicability of Personnel Policies
- 5122 - Fingerprints
- 5122 F-1 - Consent to Fingerprint (opens in new window)
- 5122 F-2 - Fingerprint Declaration (opens in new window)
- NCPA VCA (opens in new window)
- 5122 F-4 Determination of Eligibility for Hire/Assignment (opens in new window)
- 5122 F-5 Privacy Act Statement (opens in new window)
- 5122 F-6 Dissemination Log (opens in new window)
- 5122 F-7 Determination of Eligibility for Hire Log (opens in new window)
- 5122 F-8 Notice of Federal Background Check Determination (opens in new window)
- 5122 F-9 Re-Dissemination of Criminal History to the Individual (opens in new window)
- 5122 F-10 Incident Response Form (opens in new window)
- 5122P - Fingerprinting
- 5125 - Whistle Blowing and Retaliation
- 5130 - Staff Health
- 5140 - Classified Employment & Assignment
- 5210 - Assignments, Reassignments & Transfers
- 5213 - Vacancies
- 5220 - Prohibition on Aiding Sexual Abuse
- 5221 - Work Day
- 5222 - Evaluation of Staff
- 5223 - Personal Conduct
- 5224 - Political Activity - Staff Participation
- 5225 - Tobacco Free Policy
- 5226 - Drug-Free Workplace
- 5228 - Drug & Alcohol Testing for School Bus & Commercial Vehicle Drivers
- 5228P - Drug & Alcohol Testing for School Bus & Commercial Vehicle Drivers Continued
- 5230 - Prevention of Disease Transmission
- 5230P - Prevention of Disease Transmission Continued
- 5231 - Personnel Records
- 5231P - Personnel Records Continued
- 5232 - Abused & Neglected Child Reporting
- 5232F - Report of Suspected Child Abuse or Neglect
- 5251 - Resignations
- 5253 - Retirement Programs for Employees
- 5255 - Disciplinary Action
- 5256 - Reduction in Force
- 5302 - Classified Staff Evaluation
- 5302P - Classified Staff Evaluation Continued
- 5302F-1 - Classified Staff Evaluation Form
- 5303 - Staff Evaluation
- 5303P - Staff Evaluation Continued (opens in new window)
- 5304 Evaluation of Non-Tenured Certified Staff
- 5304P Evaluation of Non-Tenured Certified Staff Continued (opens in new window)
- 5305F-1 - Individual Teacher Growth Plan
- 5314 - Substitutes
- 5321 - Leaves of Absence
- 5321P - Conditions for Use of Leave
- 5322 - Military Leave
- 5325 - Breastfeeding Workplace
- 5328 - Family Medical Leave
- 5328P - Family Medical Leave
- 5329 - Long-Term Illness/Temporary Disability/Maternity Leave
- 5329P - Long-Term Illness/Temporary Disability/Maternity Leave
- 5331 - Insurance Benefits for Employers
- 5333 - Holidays
- 5334 - Vacations
- 5334P - Vacations Continued
- 5337 - Workers' Compensation Benefits
- 5420 - Monitors/Paraeducators
- 5430 - Volunteers
- 5430F-1 - Volunteers Information & Authorization Form (opens in new window)
- 5430F-2 - Volunteers Authorization & Information Form (opens in new window)
- 5430F-3 - Chaperone Letter of Understanding (opens in new window)
- 5430F-4 - Volunteer/Chaperone Application (opens in new window)
- 5430F-5 Confidentiality Agreement (opens in new window)
- 5440 - Student Teachers/Interns
- 5450 - Employee Electronic Mail and Online Services Usage
- 5450P - Electronic Communications Between Staff and Students
- 5460 - Electronic Resources and Social Networking
- 5500 - Payment of Wages Upon Termination
- 5510 - HIPAA
- 5600 - Bloodborne Pathogen Exposure Control Plan
- 5600P - Bloodborne Pathogen Exposure Control
- 5630F-1 - Employee Cellular Telephone Agreement
- 5630 - Employee Use of Cellular Phones
- 5630P - Employee Use of Cellular Phones
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