How To Discipline A Teacher In Rochester Public Schools

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1 TABLE OF CONTENTS INSTRUMENTS AND RESPONSIBILITIES GROUNDS FOR DISCIPLINE Legal Penalties for Officers and Teachers Convictions for Certain Crimes, Child Abuse, Neglect, and Criminal Convictions PROCESS PRECEDING DISCIPLINE OF REGULAR EMPLOYEES NOT ON THE TEACHERS' SALARY SCHEDULE A. First Steps B. Emergencies DISCIPLINE OF PROBATIONARY CLASSIFIED EMPLOYEES DISCIPLINARY ACTIONS Reprimands Reduction in Pay Demotion A. Employees on the Teachers' Salary Schedule B. Employees Not on the Teachers' Salary Schedule Suspension: State Regulations for Suspending Employees Probation A. Employees on the Teachers' Salary Schedule B. Employees Not on the Teachers' Salary Schedule Dismissal: Procedures & Causes Dismissal of Employees on the Teachers' Salary Schedule Dismissal Employees Not on the Teachers' Salary Richmond Public Schools Administrative Procedures Page 1 of 23

2 Schedule Discipline of All Drivers of School Division Fingerprinting and Search of Criminal Record Upon Arrest of Employees Richmond Public Schools Administrative Procedures Page 2 of 23

3 12.01 DISCIPLINE: INSTRUMENTS AND RESPONSIBILITIES All employees are expected to comply with instructions, policies, procedures, rules and regulations, and accepted standards of personal conduct. If an employee fails to comply with these requirements, or if performance is below acceptable standards, appropriate disciplinary action should be taken. Discipline is the administrative responsibility of the employee's immediate supervisor and principal/director. Individual departments may develop departmental disciplinary guidelines within the parameters established by school division policy. Disciplinary guidelines for Transportation employees may be found in the current "Transportation Handbook for School Bus Operators and Monitors." The Director of Human Resources and other employees of the Human Resources Department have advisory roles in disciplinary matters and should be consulted as needed. The more severe disciplinary measures may require the action or approval of the Superintendent or the School Board. Generally, discipline follows a progressive process which attempts to correct unacceptable behavior or attitudes before it becomes necessary to discharge the employee. However, any type of disciplinary action may be invoked for a serious first violation of rules including immediate suspension or discharge. Sections which follow discuss in detail the various disciplinary actions available which include: 1. Reprimand (oral and written) 2. Reduction in pay 3. Demotion 4. Probation 5. Suspension 6. Dismissal Dated 10/5/87 Richmond Public Schools Administrative Procedures Page 3 of 23

4 12.02 GROUNDS FOR DISCIPLINE Disciplinary action may be taken against an employee for any behavior which might discredit the school system or its employees or might hinder the system from performing its function. By way of illustration, but not limitation, the following constitute reasonable grounds for discipline: 1. continued or gross neglect of duty 2. absence without leave 3. incompetence or unwillingness to render satisfactory service, as shown by evaluation ratings below the satisfactory standard or otherwise, to the satisfaction of the principal/director 4. in compliance with federal law, mental or physical disability as shown by competent medical evidence rendering the employee incapable of performing the duties of the position, in the absence of eligibility for retirement 5. insubordination or serious breach of discipline 6. improper use of, or being under the influence of alcohol, or controlled substances while on duty 7. violation of the Drug and Alcohol-Free Workplace policy (ALSO SEE 3.03 B. DRUG AND ALCOHOL-FREE WORKPLACE) 8. conduct unbecoming an employee which tends to bring the school division into disrepute 9. noncompliance with school laws, regulations, and other personnel or departmental rules 10. conviction of a felony, crime of moral turpitude or any offense involving sexual molestation, physical or sexual abuse or rape of a child 11. negligent or willful damage of school division property or waste of supplies or equipment 12. use of bribery or political pressure to secure appointment or advantage 13. material falsification of an application 14. immorality 15. misappropriation of funds or property 16. sexual harassment 17. other good and just cause Dated 7/18/83 Revised 6/24/97 Richmond Public Schools Administrative Procedures Page 4 of 23

5 DISCIPLINE Code LEGAL PENALTIES FOR OFFICERS AND TEACHERS Any division Superintendent, member of the School Board or other school officer, or any principal or teacher in a public school violating any provision of the Code of Virginia, Section , Penalties on Officers and Teachers, shall be guilty of a Class 4 misdemeanor if no other penalty is prescribed. Dated 7/18/83 See: Code of Va., Section Penalties on Officers and Teachers Richmond Public Schools Administrative Procedures Page 5 of 23

6 Convictions for Certain Crimes, Child Abuse, Neglect, and Criminal Convictions Purpose The purpose of this policy is to ensure a safe and nurturing work environment for children attending RPS. Scope This policy governs all employees of Richmond Public Schools as a condition of employment. Policy 7.65 Convictions for Certain Crimes, Child Abuse, Neglect, and Criminal Convictions; Department of Social Services Data; Grounds for Dismissal-Department of Social Services Data This policy can be found in the School Board Policy Manual and the Richmond Public Schools website under School Board Bylaws ( This policy governs all employees. Procedure 1. All new RPS employees are required to report to the Human Resources Department (HRD) City Hall 15 th floor to be fingerprinted. Fingerprints are submitted to Virginia State Police and the FBI for criminal background checks. Additionally, each employee must undergo a background check with the Virginia Department of Social Services/Child Protective Services (Central Registry Release of Information Form eng) 2. If there are no charges or convictions found as a result of the background check, HRD will store results in the employee s personnel file. 3. If there are charges or convictions found as a result of the background check, the results are mailed to the Director of HRD and/or designee. The HRD investigator and Director of HRD will review the results and determine whether the applicant is eligible for hire. 4. Employees that are reported positive for drugs, felony charges or convictions will be placed on administrative leave pending further review (Except minor convictions, examples such as trespassing, traffic citation or vandalism) Administrative Procedure RPS employees having or required to have direct contact with students shall certify that he/she has not been the subject of a founded case of child abuse and neglect. Employees must complete the Central Registry Release of Information Form eng at time of hire. Richmond Public Schools Administrative Procedures Page 6 of 23

7 6. Any person making a materially false statement regarding any such offenses shall be guilty of a Class 1 misdemeanor and upon conviction, shall be grounds for the Board of Education to revoke such person s license to teach and grounds for termination. The HRD Director will place the person on administrative leave pending the outcome of the investigation. 7. When licensed personnel are dismissed or resign due to a conviction of any felony, any offense involving the sexual molestation, physical or sexual abuse or rape of a child, any offense involving drugs, or due to having become the subject of a founded case of child abuse or neglect, the local school board shall notify the Board of Education within 10 business days of such dismissal or the acceptance of such resignation. 8. Prior to employment, all applicants shall provide written consent and the necessary personal information for the school division to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services pursuant to code Prior to employment, all applicants who have resided in another state within the last five years shall provide written consent and the necessary personal data for RPS to determine whether the applicant was the subject of a founded complaint of child abuse and neglect in any state (Central Registry Consent Form as a result of House Bill 1242). 10. RPS shall take reasonable steps to determine whether the applicant was the subject of a founded complaint of child abuse and neglect in the relevant state. Such reasonable steps shall include, but not be limited to, contacting any central child abuse and neglect registry maintained by the relevant state. 11. If RPS obtains a record of a founded complaint of child abuse and neglect maintained by the Virginia Department of Social Services or another state social service agency, the applicant shall be denied employment, or the employment shall be rescinded. 12. Any RPS employee who is or becomes the subject of a founded complaint of child abuse and neglect shall be dismissed after all rights to Richmond Public Schools Administrative Procedures Page 7 of 23

8 an appeal including the Department of Social Services finding provided by the Code of Virginia, Section have been exhausted. The fact of such finding and after all rights to an appeal provided by the Code of Virginia, Section have been exhausted, shall be grounds for RPS to recommend that the Board of Education revoke such person s license to teach. Impacts and responsibilities HRD will do background checks on applicants for hire All applicants must disclose all convictions and violations Department of Social Services of any relevant state shall notify HRD of any convictions Applicants found in violation of this policy shall be disciplined in accordance with school board policies and administrative regulations relating to discipline Any employee that observes child abuse must report it to their immediate supervisor, HRD and/or Department of Social Services Forms or related documentation Central Registry Release of Information Form eng Central Registry Consent Form as a result of House Bill 1242 Referenced documentation School Board Policy 7.65 Code of Virginia 1950, as amended and Code of Virginia Department of Social Services pursuant to code Richmond Public Schools Administrative Procedures Richmond Public Schools Bylaw 7.65 Convictions for Certain Crimes and Child Abuse and Neglect Criminal Convictions Interpretation HRD Director and/or designee Date entered, date revised March 25, 2010 Original 10/1/09 To be reviewed 2011 Richmond Public Schools Administrative Procedures Page 8 of 23

9 12.03 PROCESS PRECEDING DISCIPLINE OF REGULAR EMPLOYEES NOT ON THE TEACHERS' SALARY SCHEDULE A. First Steps Except in emergency situations, when a director receives the recommendation of a supervisor that an employee shall be disciplined other than by reprimand, the director shall attempt to meet with the employee before imposing disciplinary action. The employee shall be advised in writing of the grievance procedure. 1 At the meeting with the employee, the director shall explain the charges and the evidence supporting those charges and shall give the employee an opportunity to present his/her version of the events. 2 After this meeting, if the director determines that disciplinary action is appropriate, he/she shall notify the employee in writing of the action being taken and the reasons, including reference to any specific rules which may have been violated. B. Emergencies In an emergency situation, where the employee poses a continuing danger to persons or property or an ongoing threat of disrupting work activity, the supervisor or director, or designee, may suspend an employee immediately. In such cases, notice and an opportunity for a hearing with the director shall follow as soon as possible. The employee shall be advised in writing of the grievance procedure. (ALSO SEE CODE 13. GRIEVANCE) Dated 7/18/83 Richmond Public Schools Administrative Procedures Page 9 of 23

10 12.04 DISCIPLINE OF PROBATIONARY CLASSIFIED EMPLOYEES Discipline of probationary classified employees follows regularly outlined procedures, except that the probationary employee has no right of appeal. Termination during the probationary period requires action by the department director. However, the Human Resources Department shall be consulted prior to final action. Dated 7/18/83 Richmond Public Schools Administrative Procedures Page 10 of 23

11 DISCIPLINARY ACTION TABLE OF DISCIPLINARY ACTIONS FOR EMPLOYEES NOT ON THE TEACHERS' SALARY SCHEDULE PROCEDURE INITIATES ACTION Dated 7/18/83 AFTER CONFERRING WITH DETERMINES FINAL ACTION HEARS APPEAL Reprimand Oral Supv./Principal Supv./Principal Director Written Supv./Principal Supv./Principal Director Reduction in Pay Principal/Directo Director of HRD Assist. or Assoc. Supt. or Demotion r Principal/Directo r Suspension 1-10 days Principal/Directo r Principal/Directo More than 10 r Disciplinary Probation Dismissal Director of HRD Director of HRD Supt. Assist. or Assoc. Supt. Assist. or Assoc. Supt. Designee Supt. or Designee Supt. or Designee Director of HRD Assist. or Assoc. Supt. or days Supt. Designee Principal/Directo Assist. or Assoc. r Director of HRD Supt. Supt. or Principal/Directo r Director of HRD Assist. or Assoc. Supt. Designee Supt. or Designee Richmond Public Schools Administrative Procedures Page 11 of 23

12 DISCIPLINARY ACTIONS: REPRIMANDS An employee may be reprimanded by the supervisor, principal or any superior in the chain of authority in the school or department. Reprimands may be either verbal or written. If given verbally, they should be confirmed later in writing. A copy of the reprimand is placed in the employee's file, and the employee has the right to comment, reply to, and appeal the reprimand decision to the department director. The employee shall be advised in writing that an appeal may be made in accordance with grievance procedures. Dated 7/18/83 Revised 6/24/97 Richmond Public Schools Administrative Procedures Page 12 of 23

13 DISCIPLINARY ACTIONS: REDUCTION IN PAY As a disciplinary measure, the pay of an employee not on the Teacher's Salary Schedule may be moved back to a lower step in the pay range for his/her class or position. This action may be initiated by the principal/director after conferring with the Human Resources Department and requires final approval of the Assistant/Associate/Deputy Superintendent. The employee shall be advised in writing that an appeal may be made in accordance with grievance procedures. A reduction in pay requires formal action by the School Board is required. Dated 7/18/83 Revised 6/24/97 Richmond Public Schools Administrative Procedures Page 13 of 23

14 DISCIPLINARY ACTIONS: DEMOTION An employee whose services are unsatisfactory may be demoted to a position in which it may be reasonably expected that the employee may be successful. In the case of an employee whose appointment is subject to confirmation by the School Board, the demotion shall be confirmed by the Board. Such employee shall be notified in writing of the reasons for demotion. The employee has the right to appeal the recommendation in accordance with grievance procedures. A. Employees on the Teachers' Salary Schedule When the School Board accepts the Superintendent's recommendation for disciplinary action due to cause, an instructional or administrative employee may be demoted to a lower salary range. B. Employees Not on the Teachers' Salary Schedule As a disciplinary measure, a Professional-Other or Classified employee may be demoted to a lower salary range. The director/principal recommends demotion of an employee after conferring with the Director of the Human Resources Department and the appropriate Assistant or Associate Superintendent for final approval. Demotions may be appealed to the Superintendent or designee. Dated 11/21/84 Revised 6/24/97 See: School Board Bylaws and Policies, Section Demotion Richmond Public Schools Administrative Procedures Page 14 of 23

15 12.05 DISCIPLINE DISCIPLINARY ACTIONS: SUSPENSION: STATE REGULATIONS FOR SUSPENDING EMPLOYEES For purposes of reference, the Code of Virginia, Section , Grounds and Procedure for Suspension, as amended, is provided below: A. A teacher or other public school employee may be suspended for good and just cause when the safety or welfare of the school division, or the students therein, is threatened or when the teacher or school employee has been charged by summons, warrant, indictment or information with the commission of a felony, a misdemeanor involving (i) sexual assault as established in Article 7 of Chapter 4 of Title l8.2 of the Code of Virginia, as amended, (ii) obsenity and related offenses as established in Article 5 of Chapter 8 of Title 18.2 of the Code, (iii) drugs as established in Article 1 of Chapter 7 of Title 18.2 of the Code, (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child, or an equivalent offense in another state. Except when a teacher or school employee is suspended because of being charged by summons, warrant, indictment or information with the commission of one of the above listed criminal offenses, a division superintendent or appropriate central office designee shall not suspend a teacher or school employee for longer than 60 days and shall not suspend a teacher or school employee for a period in excess of five days unless such teacher or school employee is advised in writing of the reason for the suspension and afforded an opportunity for a hearing before the School Board in accordance with Sections and if applicable. Any teacher or other school employee so suspended shall continue to receive his/her then applicable salary unless and until the school board, after a hearing, determines otherwise. No teacher or school employee shall be suspended solely on the basis of his or her refusal to submit to a polygraph examination requested by the School Board. B. Any school employee suspended because of being charged by summons, warrant, information or indictment with one of the offenses listed in subsection A may be suspended with or without pay, an amount equal to the employee's salary while on suspended status shall be placed in an interest-bearing demand escrow account. Upon being found not guilty of one of the offenses listed in subsection A, or upon the dismissal or (cont.) Richmond Public Schools Administrative Procedures Page 15 of 23

16 DISCIPLINARY ACTIONS: SUSPENSION: STATE REGULATIONS FOR SUSPENDING EMPLOYEES (continued) B. (continued) nolle prosequi of the charge, such school employee shall be reinstated with all unpaid salary and accrued interest from the escrow account, less any earnings received by the teacher during the period of suspension; but in no event shall such payment exceed one (1) year's salary. C. In the event any such employee is found guilty by an appropriate court of the offenses listed in subsection A, and after all available appeals have been exhausted and such conviction is upheld, all funds in the escrow account shall be repaid to the School Board. D. No school employee shall have his/her insurance benefits suspended or terminated because of such suspension in accordance with this section. E. Nothing in this section shall be construed to limit the authority of a School Board to dismiss or place on probation a teacher or school employee pursuant to Article 3 of this chapter. Dated 10/5/87 Revised 6/24/97 See: School Board Bylaws and Policies, Section Suspension Code of Va., Section Grounds and Procedure for Suspension Code of Va., Article 3, Grievances; Dismissal, etc., of Teachers, and Section Definitions and Section Dismissal, etc., of Teacher; Grounds Richmond Public Schools Administrative Procedures Page 16 of 23

17 DISCIPLINARY ACTIONS: PROBATION An employee may be placed on disciplinary probation for a specified period of time, up to one (1) year for all employees. Written notice shall be given the employee of the intention to impose probation. A. Employees on the Teachers' Salary Schedule In the case of instructional employees, this action shall be recommended by the Superintendent and requires School Board approval. Grounds for probation are outlined below: 1 Teachers may be dismissed or placed on probation for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or a crime of moral turpitude or other good and just cause. No teacher shall be dismissed or placed on probation solely on the basis of the teacher's refusal to submit to a polygraph examination requested by the School Board. Code of Virginia, Section Dismissal, etc., of Teacher: Grounds. 2 For the purposes of this article, "incompetency" may be construed to include, but shall not be limited to, consistent failure to meet the endorsement requirements for the position or performance that is documented through evaluation to be consistently less than satisfactory. Code of Virginia, Section (B). Dismissal, etc., of Teacher: Grounds. The right of appeal and procedures thereof are outlined in Code Grievance Procedures for Teachers: Adoption of Policy. B. Employees Not on the Teachers' Salary Schedule Employees not on the Teachers' Salary Schedule may be placed on probation for any cause which could lead to dismissal as cited in Code Disciplinary Actions: Dismissal-Polices & Causes. The director/principal should make recommendation to the Associate or Assistant Superintendent for approval. Appeals, which may be directed to the Associate/Deputy Superintendent, should follow the procedures outlined for appeal of dismissal outlined in Code Disciplinary Actions; Dismissal of Employees Not on the Teachers' Salary Schedule. Dated 11/21/84 Revised 6/24/97 See: Code of Va., Section Dismissal, etc., of Teacher: Grounds Richmond Public Schools Administrative Procedures Page 17 of 23

18 DISCIPLINARY ACTIONS: DISMISSAL-PROCEDURES & CAUSES Any employee may be discharged by the Superintendent for cause, following procedures applicable to the employee's classification. The employee shall be informed of the reasons for dismissal and shall be given a reasonable opportunity to respond. (ALSO SEE 5.02 B. NON-RENEWAL OF INSTRUCTIONAL EMPLOYEES) Causes for Dismissal--General The recommendation by a principal/director to dismiss an employee shall be made for good cause. By way of illustration, but not limitation, the following constitute cause for dismissal: 1. continued or gross neglect of duty 2. absence without leave 3. incompetence or unwillingness to render satisfactory service, as shown by evaluation ratings below the satisfactory standard or otherwise, to the satisfaction of the principal/director 4. mental or physical disability as shown by competent medical evidence rendering the employee incapable of performing the duties of the position, in the absence of eligibility for retirement 5. insubordination or serious breach of discipline 6. improper use of, or being under the influence of, alcohol or controlled substances while on duty 7. violation of the Drug and Alcohol-Free Workplace policy (ALSO SEE 3.03 B. DRUG AND ALCOHOL-FREE WORKPLACE) 8. conduct unbecoming an employee which tends to bring the school division into disrepute 9. noncompliance with school laws, regulations, and other personnel or departmental rules 10. conviction of a felony, crime of moral turpitude or any offense involving sexual molestation, physical or sexual abuse or rape of a child 11. negligent or willful damage of school division property or waste of supplies or equipment Richmond Public Schools Administrative Procedures Page 18 of 23

19 Code DISCIPLINE DISCIPLINARY ACTIONS: DISMISSAL-PROCEDURES & CAUSES (continued) Causes for Dismissal--General (continued) 12. use of bribery or political pressure to secure appointment or advantage 13. material falsification of an application 14. immorality 15. misappropriation of funds or property 16. sexual harassment 17. other good and just cause The dismissal of an employee on the basis of political affiliation, race, color, religion, national origin, sex, age, handicap or any other condition which might constitute illegal discrimination shall be considered a violation of school division policy and procedures. Dated 7/18/83 Revised 6/24/97 See: School Board Bylaws and Policies, Section 7.16B. Termination and Resignation: Dismissal of Employees Richmond Public Schools Administrative Procedures Page 19 of 23

20 DISCIPLINARY ACTIONS: DISMISSAL OF EMPLOYEES ON THE TEACHERS' SALARY SCHEDULE According to the Code of Virginia, Section , teachers may be dismissed or placed on probation for any one or more of the following: 1 incompetency (Incompetency may be construed to include, but shall not be limited to consistent failure to meet endorsement requirements for the position or performance that is documented through evaluation to be consistently less than satisfactory. ( Code of Virginia, Section B. Dismissal, etc., of teacher; grounds) 2 immorality 3 noncompliance with school laws and regulations 4 disability as shown by competent medical evidence when in compliance with federal law 5 conviction of a felony or crime of moral turpitude 6 other good and just cause (ALSO SEE CODE DISCIPLINARY ACTIONS: PROBATION) In the event the Superintendent determines to recommend dismissal of any instructional employee, written notice shall be sent to the employee notifying him of the proposed dismissal and informing him of the appeal process as outlined in Code 13.01, Part B, of the Grievance Procedures. (ALSO SEE THE ACCOMPANYING APPENDICES IN CODE 13 - GRIEVANCE) Dismissals may be recommended and acted upon at any time during the contract year, and it should be understood that the appeal process for dismissal does not prevent the non-renewal of contracts as allowed by State statute. Dated 7/18/83 Revised 6/24/97 See: School Board Bylaws Policies, Section 7.16B. Dismissal of Employees Code of Va., Section Dismissal, Etc., of Teacher; Grounds Code of Va., Section Notice of Teacher of Recommendation of Dismissal or Placing on Probation; School Board Not to Consider Merits during Notice Code of Va., Section Hearing Before School Board Code of Va., Section Decision of the School Board; Generally Richmond Public Schools Administrative Procedures Page 20 of 23

21 Code DISCIPLINE DISCIPLINARY ACTIONS: EMPLOYEES NOT ON THE TEACHERS' SALARY SCHEDULE When it is found necessary to recommend the dismissal of a regular employee not on the Teachers' Salary Schedule, the director should initiate the final action after conferring with the Human Resources Department. Written notice of the decision to dismiss shall be given the employee. The notice shall outline the cause of the dismissal action and inform the employee that the dismissal may be appealed to the superintendent. Appeal Procedure 1 When an employee not on the Teachers' Salary Schedule receives notice of intention to dismiss or place on probation, the employee may, within 15 days from receipt of the notice, request, in writing, a hearing before the Superintendent. 2 The hearing with the Superintendent shall be held within 30 days of the receipt of the employee's notice, and the employee shall be given at least 15 days written notice of the date, place, and time of the hearing. Such notice shall be provided also to the employee's principal/director, who may be present at the hearing. 3 At the hearing, the employee and the principal/director may be represented by an attorney or other representatives and may present witnesses. Full and equal opportunities shall be afforded all parties to examine, question and present evidence. 4 The Superintendent shall provide a written decision to the employee within five (5) days of the hearing. The Superintendent may determine any disciplinary measure deemed appropriate including dismissal, probation, or suspension. Dated 7/18/83 Revised 6/24/97 School Board Bylaws and Policies, Section 7.16B. Dismissal of Employees Richmond Public Schools Administrative Procedures Page 21 of 23

22 DISCIPLINARY ACTIONS: DISCIPLINE OF ALL DRIVERS OF SCHOOL DIVISION VEHICLES Any employee of the Richmond Public Schools whose job description requires the operation of a School Board vehicle shall be terminated if he/she is: 1 convicted of driving under the influence of intoxicating liquors or drugs; 2 assigned to any alcohol safety action program or driver alcohol rehabilitation program; 3 convicted of two (2) or more moving traffic violations within the preceding 12 months involving the use of alcohol or drugs The employee may appeal in accordance with grievance procedures. Dated 7/18/83 Revised 4/91 See: School Board Bylaws and Policies, Section Drug and Alcohal Free Workplace Code of Va., Section Grounds and Procedure for Suspension Richmond Public Schools Administrative Procedures Page 22 of 23

23 FINGERPRINTING AND SEARCH OF CRIMINAL RECORD UPON ARREST OF EMPLOYEES A. Upon receipt by the Superintendent of a report of arrest from a state official, agency or law enforcement officer of a current full-time, part-time, permanent or temporary employee of the school division for a felony or a misdemeanor involving (i) sexual assault as established in Article 7 of Chapter 4 of Title 18.2, (ii) obscenity and related offenses as established in Article 5 of Chapter 8 of Title 18.2, (iii) drugs as established in Article I of Chapter 7 of Title 18.2; (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child, or equivalent offense in another state, the School Board shall require such employee to submit to fingerprinting and to provide personal descriptive information to be forwarded along with his/her fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such employee. The employee may, at the discretion of the School Board, be required to pay the cost of fingerprinting and criminal records check. B. The contents of the employee's criminal record shall be used by the School Board solely to implement proceedings for the suspension of the employee pursuant to Section of the Code of Virginia, as amended; or the dismissal of a teacher pursuant to Section of the Code of Virginia, as amended. C. If the employee is suspended or dismissed because of information appearing on his/her criminal history record, the the School Board shall provide a copy of the information obtained from the Central Criminal Records Exchange to the employee. The information provided to the School Board shall not be disseminated except as provided in Section of the Code of Virginia, as amended. Dated 6/24/97 Richmond Public Schools Administrative Procedures Page 23 of 23