Garfield Re-2 Policies

File:  GCQC/GCQD-R
 

Resignation of Instructional Staff/Administrative Staff

(Mandatory Reporting Requirements)

The following procedures apply to the reporting of allegations against or offenses committed by licensed personnel who resign from the district.

Mandatory reporting requirements – unlawful behavior involving a child

If an employee resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act ,which is supported by a preponderance of evidence, the superintendent shall notify the Colorado Department of Education (CDE) as soon as possible but no later than 10 business days after the employee’s resignation. 

The superintendent must provide any information requested by the department concerning the circumstances of the resignation. The district also shall notify the employee that information concerning the resignation is being forwarded to CDE 

If the district learns that a current or past employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall notify CDE.

Mandatory reporting requirements – other offenses

In addition and in accordance with applicable State Board of Education rules, the superintendent shall immediately notify CDE whenever acceptance of resignation concerning a licensed employee is based upon the employee’s conviction, guilty plea, plea of nolo contendere, or deferred sentence for any of the following offenses:

1. felony child abuse, as specified in C.R.S. 18-6-401;
2. felony unlawful sexual behavior, as defined in C.R.S. 16-22-102 (9);
3. a felony offense involving unlawful sexual behavior, as defined in C.R.S. 16-22-102 (9);
4. a crime of violence, as defined in C.R.S. 18-1.3-406;
5. indecent exposure, as described in C.R.S. 18-7-302;
6. contributing to the delinquency of a minor, as described in C.R.S. 18-6-701;
7. felony domestic violence, as defined in C.R.S. 18-6-800.3;
8. misdemeanor domestic violence, as described in C.R.S. 18-6-800.3 (1) and such conviction is a second or subsequent conviction for the same offense;
9. misdemeanor sexual assault, as described in C.R.S. 18-3-402;
10. misdemeanor unlawful sexual conduct, as described in C.R.S. 18-3-404;
11. misdemeanor sexual assault on a client by a psychotherapist, as described in C.R.S. 18-3-405.5;
12. misdemeanor child abuse, as described in C.R.S. 18-6-401;
13. misdemeanor involving the illegal sale of controlled substances;
14. physical assault;
15. battery;
16. a drug-related offense;
17. an offense committed outside of this state, the elements of which are substantially similar to any offense described in items a-m above; or
18. a misdemeanor committed outside of this state, the elements of which are substantially similar to sexual exploitation of children as described in C.R.S. 18-6-403 (3)(b.5).

The superintendent shall also immediately notify CDE when the district learns:

1. the resigning employee has forfeited any bail, bond, or other security deposited to secure the employee’s appearance, and the employee is charged with having committed a felony or misdemeanor for any offense described in items a-m above; or
2. the resigning employee has paid a fine or received a suspended sentence for any offense described in items a-m above.

The superintendent shall also notify CDE when:

1. The county department of social services or the local law enforcement agency reasonably believes that an incident of child abuse or neglect has occurred and the school employee is the suspected perpetrator and was acting in an official capacity as an employee of the district.
2. The Board reasonably believes that an employee is guilty of unethical behavior or professional incompetence.

Approval date: April 14, 2020

Revised: November 10, 2021

 

Garfield School District No. Re-2