Georgia Professional Standards Commission CRIMINAL HISTORY PREVENTION CURRENT ISSUES

A CRIMINAL HISTORY CHECK CAN ONLY TELL YOU WHAT IS TRUE FOR TODAY

SOCIAL SECURITY NUMBERS WATCH FOR OUT OF STATE NUMBERS

CHALLENGES POSED BY OUT OF STATE APPLICANTS

NON-TRADITIONAL STUDENTS -vs TRADITIONAL STUDENTS

REVIEW MILITARY DISCHARGE PAPERS (DD214)

GAPS IN EMPLOYMENT

CONTACT LAST KNOWN PLACES OF EMPLOYMENT

GEORGIA CRIME INFORMATION CENTER 3121 PANTHERSVILLE ROAD DECATUR, GA 30037 (404) 244—2639

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CRIMINAL HISTORY RECORD **

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PRODUCED ON 2007—09-04 ******* *** ** * ** *** * * INTRODUCTION

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THIS RAP SHEET WAS PRODUCED IN RESPONSE TO THE FOLLOWING REQUEST: FBI NUMBER 0000003 STATE ID NUMBER GA00003T (GA) ARN 07-7-2 PURPOSE CODE W ATTENTION Ed Aaron THE INFORMATION IN THIS RAP SHEET IS SUBJECT TO THE FOLLOWING CAVEATS: THIS RESPONSE IS BEING PRODUCED FOR YOUR REQUEST SENT: 2007-09-04 (GA; 2007—08—11)

IMPORTANT! CRIMINAL HISTORY RECORD INFORMATION IS OBTAINED ONE OF TWO WAYS: 1) BY CONDUCTING AN INQUIRY USING PERSONAL IDENTIFIERS SUCH AS NAME AND DATE OF BIRTH (NAME SEARCH), OR 2) BY SUBMITTING FINGERPRINT CARDS TO THE GEORGIA CRIME INFORMATION CENTER (GCIC) WOULD BE THE SAME INFORMATION. (GA; 2007-08-11) . WHEN CONDUCTING A NAME SEARCH FOR CRIMINAL HISTORY RECORD INFORMATION, THERE IS A POSSIBILITY THAT THE INFORMATION RETURNED BELONGS TO A DIFFERENT PERSON WITH THE SANE, OR SIMILAR, IDENTIFIERS. IN THIS CASE, A POSITIVE MATCH OF THE PERSON WHOSE CRIMINAL HISTORY RECORD IS SOUGHT REQUIRES SUBMISSION OF FINGERPRINT CARDS TO GCIC. WHEN CONDUCTING A FINGERPRINT SEARCH FOR CRIMINAL HISTORY RECORD INFORMATION, THE INFORMATION RETURNED DOES, IN FACT, BELONG TO THE INDIVIDUAL. IN THIS CASE, CONDUCTING A NAME SEARCH USING THE INDIVIDUAL’S PERSONAL IDENTIFIERS WHEN THE INFORMATION CONTAINED IN A CRIMINAL HISTORY REPORT CAUSES AN ADVERSE EMPLOYMENT OR LICENSING DECISION THE INDIVIDUAL, BUSINESS OR

AGENCY MAKING THE DECISION MUST INFORM THE APPLICANT OF ALL INFORMATION PERTINENT TO THE DECISION. THE DISCLOSURE MUST INCLUDE INFORMATION THAT A CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED, THE SPECIFIC CONTENTS OF THE RECORD AND THE EFFECT THE RECORD HAD UPON THE DECISION. FAILURE TO PROVIDE ALL SUCH INFORMATION TO THE PERSON SUBJECT TO THE ADVERSE

DECISION IS A MISDEMEANOR OFFENSE UNDER GEORGIA LAW. ADDITIONALLY, ANY UNAUTHORIZED DISSEMINATION OF THIS RECORD OR INFORMATION HEREIN ALSO VIOLATES GEORGIA LAW. (GA; 2007-08-11) IN THE EVENT THAT IDENTIFIERS ARE NOT CLEARLY ASSOCIATED TO A SPECIFIC CYCLE, THE INFORMATION IS MOST LIKELY NON-FINGERPRINT BASED INFORMATION RECEIVED FROM THE DEPARTMENT OF CORRECTIONS AT THE TIME OF RELEASE FROM INCARCERATION. (GA; 2007-08-11)

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IDENTIFICATION

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SUBJECT NAME(S)

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Doe, John (2007—08-08) SUBJECT DESCRIPTION FBI NUMBER STATE ID NUMBER 0000003 GA00003T SOCIAL SECURITY NUMBER

392

-99-9999 (2007—08—08) SEX RACE MALE (2003—09—24) BLACK (2003—09—24) HEIGHT WEIGHT DATE OF BIRTH 5’ 10” (2003—09—24) 203 (2003—09—24) 1980—01—20 (2007—08—08) HAIR COLOR EYE COLOR BLACK (2003—09—24) BROWN (2003—09—24) PLACE OF BIRTH

FLORIDA

(2003—09—24) * * *** * ** * *** * * * * *** CRIMINAL HISTORY * ****** ******* * *** * ** * * * * * ===================== ARREST SRF 000000 ARREST (CYCLE 1) CASE NUMBER 00005938 ARREST TYPE ADULT OTN 0000003 (CYCLE 1 OF 1) OFFENDER TRACKING NUMBER (OTN) 0000003 EARLIEST EVENT DATE 2003-09-24 OFFENSE DATE 2003-09-24 ARREST DATE 2003—09—24 ARRESTING AGENCY GA0330200 COBB COUNTY POLICE DEPARTMENT SUBJECT’S NAME DOE, JOHN

CHARGE CHARGE TRACKING NUMBER 0000003-1 CHARGE LITERAL DRIVING WHILE LICENSE SUSPENDED OR REVOKED CHARGE DESCRIPTION (M) STATUTE 40-5-121; GA STATE OFFENSE CODE 5412 SEVERITY MISDEMEANOR CHARGE CHARGE TRACKING NUMBER 0000003-2 CHARGE LITERAL MARIJUANA-POSSESS LESS THAN 1 OZ. CHARGE DESCRIPTION (F) STATUTE 16-13-2(B); GA STATE OFFENSE CODE 3514 SEVERITY MISDEMEANOR COURT-DISPOSITION (CYCLE 1) CASE NUMBER 000052 COURT AGENCY GA033013J COBB COUNTY STATE COURT SUBJECT’S NAME DOE, JOHN CHARGE CHARGE TRACKING NUMBER 0000003—2 CHARGE LITERAL MARIJUANA-POSSESS LESS THAN 1 OZ.

STATUTE 16-13-2(B); GA STATE OFFENSE CODE 3514 SEVERITY MISDEMEANOR DISPOSITION DISMISSED (2004—01—14; DISMISSED)

CHARGE CHARGE TRACKING NUMBER 000000-3 CHARGE LITERAL TRAFFIC/MOTOR VEHICLE OFFENSE CHARGE DESCRIPTION INVALID LIC C/F SUSP LIC STATUTE NOT FOUND; GA STATE OFFENSE CODE 5499 SEVERITY UNKNOWN DISPOSITION GUILTY (CONVICTED / ADJUDICATED) (2004-01-14; CONVICTED) SENTENCING (CYCLE 1) CASE NUMBER SENTENCE DATE 2004-01—14 SENTENCING AGENCY GA033013J COBB COUNTY STATE COURT CHARGE CHARGE TRACKING NUMBER 0000003-2 SENTENCE SCHOOL COMMUNITY SERVICE CONDITIONAL DISCHARGE PROGRAM PROBATION 12 MONTHS FINE $375 CHARGE CHARGE TRACKING NUMBER 0000003-3 SENTENCE PROBATION 12 MONTHS FINE $188 * * * * * * * * * * * * * * * * * * ADDRESS JUDGE INDEX OF AGENCIES 140 NORTH MARIETTA PARKWAY MARIETTA, GA 300600000 * * * * * * * * * * * * * * AGENCY COBB COUNTY POLICE DEPARTMENT; GA0330200; CHIEF AGENCY COBB COUNTY STATE COURT; GA033013J; ADDRESS 12 EAST PARK SQUARE

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 GA930090Z TCN 00000000000000000-0000000000 THE FBI IDENTIFIED YOUR TEN- PRINT SUBMISSION WHICH CONTAINED THE FOLLOWING DESCRIPTORS: NAME DATE ARRESTED/FINGERPRINTED 2007/01/19 SEX RACE BIRTH DATE HEIGHT WEIGHT STATE ID BIRTH PLACE GA0000000L OTHER BIRTH DATES ALIAS NAMES(S) NONE EYES HAIR SOCIAL SCARS-MARKS-TATTOOS SECURITY MISC NUMBERS

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 GA000000Z ICN IFCS0000000000000000 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE.

THIS RECORD IS SUBJECT TO THE FOLLOWING USE AND DISSEMINATION RESTRICTIONS UNDER PROVISIONS SET FORTH IN TITLE 28, CODE OF FEDERAL REGULATIONS (CFR), SECTION 50.12, BOTH GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES AUTHORIZED TO SUBMIT FINGERPRINTS AND RECEIVE FBI IDENTIFICATION RECORDS MUST NOTIFY THE INDIVIDUALS FINGERPRINTED THAT THE FINGERPRINTS WILL BE USED TO CHECK THE CRIMINAL HISTORY RECORDS OF THE FBI. IDENTIFICATION RECORDS OBTAINED FROM THE FBI MAY USED SOLELY FOR THE PURPOSE REQUESTED AND MAY NOT BE DISSEMINATED OUTSIDE THE RECEIVING DEPARTMENT, RELAATED AGENCY OR OTHER AUTHORIZED ENTITY.

IF THE INFORMATION ON THE RECORD IS USED TO DISQUALIFY AN APPLICANT, THE OFFICIAL MAKING THE DETERMINATION OF SUITABILITY FOR LICENSING OR EMPLOYMENT SHALL PROVIDE THE APPLICANT THE OPPORTUNITY TO COMPLETE, OR CHALLENGE THE ACCURACY OF, THE INFORMATION CONTAINED IN THE FBI IDENTIFICATION RECORD.

THE DECIDING OFFICIAL SHOULD NOT DENY THE LICENSE OR EMPLOYMENT BASED ON THE INFORMATION IN THE RECORD UNTIL THE APPLICANT HAS BEEN AFFORDED A RESONABLE TIME TO CORRECT OR COMPLETE THE INFORMATION, OR HAS DECLINED TO DO SO. AN INDIVIDUAL SHOULD BE PRESUMED NOT GUILTY OF ANY CHARGE/ARREST FOR WHICH THERE IS NO FINAL DISPOSITION STATE ON THE RECORD OR OTHERWISE DETERMINED. IF THE APPLICANT WISHES TO CORRECT THE RECORD AS IT APPEARS IN THE FBI’S CJIS DIVISION RECORDS SYSTEM, THE APPLICANT SHOULD BE ADVISED THE PROCEDURES TO CHANGE, CORRECT OR UPDATE THE RECORD ARE SET FORTH IN TITLE 28, CFR, SECTION 16.34.

- FBI IDENTIFICATION RECORD WHEN EXPLANTION OF A CHARGE OF DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT FURNISHED THE DATA TO THE FBI.

NAME FBI NO. DOE, JANE 000000HB3 DATE REQUESTED 2007/01/26 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 11/11/11 6’3” 195 HAZ BLN BIRTH PLACE ATLQANTA, GA FINGERPRINT CLASS PATTERN CLASS CITIZENSHIP END OF PART 1 - PART 2 TO FOLLOW

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 GA930090Z ICN IFCS0000000000000000 - FBI IDENTIFICATION RECORD - FBI NO-000000HB3 1.-ARRESTED OR RECEIVED 1997/12/04 SID- SC00000000 AGENCY-SHERIFF’S OFFICE GREENVILLE (SC0000000) AGENCY CASE - 000000 CHARGE 1- FRAUDULENT CHECK Ff000000 COURT-SHERIFF’S OFFICE GREENVILLE (SC0230000) CHARGE- FRAUDULENT CHECK SENTENCE VERDICT - CONVICTED ADDITIONAL DATE - PAID $45.

2. FIVE ARRESTS OUTSIDE THE STATE OF GEORGIA ALL ARREST ENTIRES CONTAINED IN THIS FBI RECORD ARE BASED ON FINGERPRINT COMPARISONS AND PERTAIN TO THE SAME INDIVIDUAL.

THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAYBE USED ONLY FOR THE PURPOSE REQUESTED.

CONSENT AGREEMENTS SHOULD ALLOW FOR INFORMATION TO BE RETRIEVED FROM BOTH STATE AND FEDERAL DATA BASES

CRIMES OF MORAL TURPITUDE

HOW OFTEN SHOULD SYSTEMS REQUIRE BACKGROUND CHECKS???

SCHOOL SYSTEM’S RESPONSE TO APPLICANTS OR EDUCATORS ANSWERING “YES” TO PERSONAL AFFIRMATION QUESTIONS

RICH MAN POOR MAN DOCTOR LAWYER INDIAN CHIEF PROFESSIONALS FROM OTHER FIELDS

What does the PSC need to know when you discover a Criminal History or other personnel issues?

WHO was involved?

WHAT happened?

WHEN did it happen?

WHERE did it happen?

WHY did it happen?

HOW did it happen?

Sources of Information •Court documents •Letters from court officials •Police reports •Military - Form DD214 •Statement from Certified Educator, Applicant or Classified Employee •Check references •Open records •Previous employers •Other certifying agencies •Any other means that you can think of...

Contact Information

Langston Jackson PSC Investigator (404) 232-2630 [email protected]

John Grant PSC Chief Investigator (404) 232-2626 [email protected]

Standard 11: Testing

An educator shall administer state mandated assessments fairly and ethically.

Standard 11: Testing

Unethical conduct includes but is not limited to:

1.

committing any act that breaches Test Security; and

2.

compromising the integrity of the assessment.

Acts that Breach Test Security/Confidentiality

  

Possessing unauthorized copies of state tests.

Copying or taking notes on test items.

Revealing in any manner any part of secure copyrighted tests to students or others.

Acts that Breach Test Security/Confidentiality

  

Discussing test items or answers.

Using secure test items and prompts for instructional purposes.

Reviewing answers to test questions.

Acts that breach test security/confidentiality



Failing to inventory test materials upon receipt.

Acts that Compromise the Integrity of the Assessment.

    

Failing to provide or attend required training.

Failing to provide state approved accommodations.

Providing accommodations not in an approved plan.

Failing to communicate needed accommodations for a student.

Reading parts of the test to a student except where indicated in written plans or directions.

Acts that Compromise the Integrity of the Assessment.

   

Failing to provide an appropriate testing environment. Failing to monitor testing environment.

Failing to provide or ensure that proper tools are used during testing.

Failing to follow the established testing schedule and order of test administration.

Acts that Compromise the Integrity of the Assessment.

     

Failing to ensure students are given the correct form and/or grade level.

Failing to follow the directions specified in the manual. Allowing students too much or too little time.

Coaching students during the test.

Interpreting, explaining, or paraphrasing test items.

Providing answers to test questions.

Acts that Compromise the Integrity of the Assessment.

    

Erasing or altering student answers

(Erasure of stray

marks that would interfere with scoring is appropriate!) .

Failing to ensure accurate completion of student information.

Discouraging students from putting forth optimal effort.

Encouraging student absenteeism in order to avoid testing.

Reclassifying students for the purpose of avoiding state testing.

Test Prep

After the conclusion of the American Literature EOCT, the educator asked students to write down what they could remember from the test in order to get their input on how she could have better prepared the students for the EOCT that they had just taken.

ERASURES!

Two educators, a school principal and assistant Principal, corrected the answers on students’ CRCT answer sheets prior to submitting them for scoring.

Notes on the Test

The educator admits making notes as she administered the 2007 EOCT and then sending other teachers copies of the notes for review before the 2008 EOCT.

Other Grounds for Disciplinary Action against a Certificate:

1. unethical conduct as outlined in The Code of Ethics for Educators, Standards 1-11; 2. disciplinary action against a certificate in another state on grounds consistent with those specified in the Code of Ethics for Educators; 3. order from a court or a request from DHR that a certificate be suspended or denied for non payment of child support;

Other Grounds for Disciplinary Action against a Certificate:

4. notification from the GHEAC that the educator is in default and not in satisfactory repayment status on a student loan; 5. suspension or revocation of any professional license or certificate; 6. violation of any other laws and rules applicable to the profession; and 7. any other good and sufficient cause that renders an educator unfit for employment as an educator

Enforcing Sanctions

The superintendent and the superintendent’s designee for certification shall be responsible for assuring that an individual whose certificate has been revoked, denied, or suspended is not employed or serving in any capacity in their district. Both the superintendent and the superintendent’s designee must hold GAPSC certification.

Plan the Investigation

• •

Who is in charge

of the investigation? • What

facts

are

needed

• What

documentation

to substantiate the allegation?

is available?

• • Is there

evidence

that needs to be collected?

Who should be interviewed

? (

What information is expected?

) • What

other agencies

(DFCS, Police, District Attorney, etc.)? need to be involved

What independent actions

system take immediately?

should the school

Plan the Investigation

 Interview Complainant  Collect the Evidence  Interview Witnesses  Interview the Accused

Begin Immediately

•

Secure Physical Evidence

•

Photograph the scene of the event

•

Document what happened

•

Make a list of potential witnesses

Document the Investigation Decide what information you will need and create a report format to assist you in documenting the investigation. It is easy to forget something if you don’t have a good report form.

Incident Type

(Theft, Assault, Alcohol, etc.)

Incident Report Location of Incident Investigator Date/Time of Incident Date/Time Reported Reported To Participants

(Name, Home/Work Addresses, Contact Information) Perpetrator(s): Victim(s):

Complainant

(Name, Home/Work Addresses, Contact Information)

Witnesses

(Name, Home/Work Addresses, Contact Information - Use back of sheet if additional space is needed)

Description of the incident

(What Happened?)

List of Evidence Collected Reported to DFCS?

Law Enforcement?

PSC?

Yes No Yes No Yes No Certification Information

(Name, Certificate #, Position held)

Disposition

• • • •

Example:Teacher suspected of being under the influence at school

Secure Physical Evidence alcoholic beverage, cup, pill bottle, baggie, etc.

Photograph the scene of the event condition of teacher, where evidence found, blackboard Document what happened date &time, how you became aware, glassy eyes, slurred speech, unsteady, offered sobriety test, test administration info., test results, etc.

Make a list of potential witnesses witnessed the teacher’s conduct, who smelled the beverage, who administered the test, etc.

If a Criminal Act has been committed

•

Secure all evidence

•

Contact Law Enforcement

•

Document what has been done

O.C.G.A. § 19-7-5 An oral report shall be made as soon as possible

by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources of any reports of ‘Child abuse’ including: 

Physical injury or death

inflicted upon a child accidental means)

by a parent or caretaker

(by other than 

Neglect or exploitation

of a child by a parent or caretaker 

Sexual abuse

- sexual intercourse; masturbation; lewd exhibition; …physical contact in an act of apparent sexual stimulation or gratification ...

“Sexual abuse” shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors…”

•

Sexual exploitation

- conduct by a child’s parent or caretaker who allows, permits, encourages, or requires that child to engage in: prostitution; or sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.

O.C.G.A. § 20-2-984.2

(a) Superintendents shall make an immediate written report to the local board of education upon receiving a written report

that any educator employed by the local unit of administration has committed any of the following specifically identified crimes: 

Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping



Any sexual offense,



Any sexual exploitation of a minor



Any offense involving marijuana or a controlled substance



Any offense involving theft,



Unlawfully operating a motor vehicle after being declared a habitual violator (b) If the administrator and the local board of education have a good faith, reasonable basis to believe that the incident occurred

or evidence exists,

the local board of education shall,

within a reasonable period of time but not later than 30 days from receipt of the report

, transmit such report to the commission

with a request for investigation .