Niagara Catholic District School Board POLICE RECORD & VULNERABLE SECTOR CHECK AND OFFENCE DECLARATION (Safe Schools) ADMINISTRATIVE OPERATIONAL PROCEDURES
Section 200 – Human Resources	No 302.6.7
Adopted Date:    June 26, 2001	Latest Reviewed/Revised Date: April 10, 2025

School Based Positions

For employees being hired for school-based positions of trust and authority over children or vulnerable persons and in accordance with regulation 521/01 of the Education Act as amended by regulation 322/03, all newly hired school-based employees as a condition of employment will provide a Police Vulnerable Sector Check.

 

This includes but is not limited to positions such as; teachers, educational assistants, early childhood educators, secretaries, social workers, chaplains, child and youth workers, administrators, library personnel, custodial staff.

a.   Are required to provide an original copy which is executed within the past six months of a satisfactory vulnerable sector screening.

b.   This document is to be obtained by the prospective employee at their own expense and presented to Human Resources Services.

c.   In exceptional circumstances, with the approval of the Director of Education and the Executive Officer of Human Resources Services, an individual may begin employment with the Board before an acceptable criminal background check is collected.

 

In such circumstances, the Board will require the individual to sign a waiver form as submission of an Offence Declaration, pending submission of the acceptable criminal background check. Before any exception is made, a binding agreement shall be entered between the employee or any authorized representative of the employee, and the Board, ensuring that the verification will be provided without delay. This agreement will preserve the Board's right to revoke the offer of employment, and dismiss the employee, should the information provided by the employee prove to be false or misleading in any respect, or if the background check is determined to be unacceptable.

 

Non School Based Positions

For employees being hired for non-school-based positions and in accordance with regulation 521/01 of the Education Act as amended by regulation 322/03, all newly hired non-school-based employees as a condition of employment will provide a Police Criminal Record and Judicial Matters Check.

 

This includes but is not limited to positions such as administration, finance, information technology services, maintenance staff, human resources, and communications.

a.   Are required to provide an original copy, which is executed within the past six months of a satisfactory Police Criminal Record Check.

b.   This document is to be obtained by the prospective employees at their own expense and presented to Human Resources Services.

c.   In exceptional circumstances, with the approval of the Director of Education and the Executive Officer of Human Resources Services, an individual may begin employment with the Board before an acceptable criminal background check is collected.

 

In such circumstances, the Board will require the individual to sign a waiver form as submission of an Offence Declaration, pending submission of the acceptable Police Criminal Record Check. Before any exception is made, a binding agreement shall be entered between the employee or any authorized representative of the employee, and the Board, ensuring that the verification will be provided without delay. This agreement will preserve the Board's right to revoke the offer of employment, and dismiss the employee, should the information provided by the employee prove to be false or misleading in any respect, or if the background check is determined to be unacceptable.

 

a.  The purpose of the requirement to obtain a Police Vulnerable Sector Check or a Police Criminal Record and Judicial Matters Check is to determine whether a person has a record of offences, which would make them unsuitable as an employee. To further specify, but not to limit this purpose, the Board will not knowingly employ any person with a record of criminal conviction for which a pardon has not been granted for the following offences but not limited to:

·   Any sexual offence under the Criminal Code of Canada;

·   Any violations under the Narcotic Control Act or the Food and Drug Act;

·   Any criminal offence which relates directly or indirectly to a person who is less; than 18 years of age, or in the case of a person who has Special Needs, 21 years old or less;

·   Crimes of violence which include, but are not limited to, threats, assaults, use, possession or concealment of a weapon or imitation of a weapon;

·   Propagation of hate literature or incitement to hatred;

·   Possession, distribution, or sale of any pornographic or violent material.

 

b.  The appropriate Board personnel will examine the Police Criminal Record Check, Police Vulnerable Sector Check, or a Police Criminal Record and Judicial Matters Check to identify areas of concern. Persons with a criminal record who are otherwise suitable shall not be automatically disqualified. Mitigating circumstances will be assessed before a final decision with respect to suitability is made. The following factors shall be considered, where applicable:

·   The risk posed to students, employees and Board property and equipment;

·   The specific duties and responsibilities of the position in question and the relevance of the criminal charge(s)/conviction(s) to that position;

·   The length of time since the conviction(s);

·   Rehabilitative or other efforts undertaken.

 

c.  The Board will not employ persons who have criminal records and/or patterns of behaviour that may place students and/or staff at risk.

 

·   Education Act

·   Niagara Catholic District School Board Policies/Procedures

o   Access to Board Premises: Safe Schools (302.6) AOP

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