3. any matters involving an alleged: a. sexual offense;
b. class A misdemeanor drug offense; c. offense against the person under Title 76, Chapter 5, Offenses Against the Person; d. class A misdemeanor property offense that is alleged to have occurred within the previous three years; and e. any other type of criminal offense, if more than one occurrence of the same type of offense is alleged to have occurred within the previous eight years. Utah Code § 53G-11-405(3) (2019) Utah Code § 53G-11-402(4) (2018) Information obtained pursuant to a criminal background check is confidential and may only be disclosed as provided herein. Due Process If the District disqualifies an applicant as a result of criminal history obtained from a background check, the District shall give the individual written notice of the disqualification and of the individual’s right to request a review of the disqualification. Utah Code § 53G-11-405(1)(c) (2019) An individual disqualified by the District as a result of a background check may request a review of the information received by the District through the background check and of the reasons for the disqualification and may respond to the information and the reasons for disqualification. The District shall, consistent with the requirements of Utah Code § 53-10-108, allow the individual to review the criminal history information received by the District. Utah Code § 53G-11-405(1)(a), (b) (2019) Privacy Risk Mitigation: Discontinuing Monitoring Upon termination of District employment of a licensed employee (whether by retirement, resignation, termination with or without cause, non-renewal, or any other reason), the District shall by written notice to the Utah State Board of Education request that the State Board cease to notify the District of information received by the State Board through its ongoing monitoring of the individual’s criminal history and background. Utah Code § 53G-11-402(1)(d) (2018) Utah Code § 53-10-108(13)(b)(iii) (2019) Upon termination of District employment or service of a non-licensed employee, contract employee, or qualifying volunteer (whether by retirement, resignation, termination with or without cause, non-renewal, or any other reason), the District shall by written notice to the Bureau of Criminal Identification request that the Bureau discontinue its ongoing monitoring of the individual’s criminal history and background and notices to the District regarding changes to criminal history and background.
Utah Code § 53G-11-402(1)(d) (2018) Utah Code § 53-10-108(13)(b)(iii) (2019)
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