EMPLOYMENT APPLICATION DISCLOSURE OF SEXUAL MISCONDUCT POLICY

In compliance with and pursuant to recent legislation this Board hereby implements a policy of screening the application for employment by every prospective employee relative to past sexual misconduct with students while employed with a present or previous employer.

 Every applicant for employment with the Board shall disclose whether he or she has committed any previous acts of sexual misconduct with students while employed by his or her present or previous employer.

 Further, each applicant for employment with the Board shall execute a release in favor of his or her present or previous employer authorizing such present or previous employer to release all instances of sexual misconduct by the applicant during previous or present employment.

 Any applicant who personally refuses to execute the personal disclosure form or the authorization to his or her present or previous employment to release relating to sexual misconduct shall not be hired by this Board.

 The Board may on an individual basis choose to hire an applicant on a conditional basis pending receipt of the information from a present or previous employer.

Any representation provided by the applicant or his or her present or previous employer shall only be used by the Board to evaluate the applicant's qualifications for employment.  Any such information is not subject to release pursuant to the Louisiana Public Records Act.  Further, the received information shall be released only to Board employees directly involved in the process of evaluating the applicant's qualifications for employment.  Any unauthorized release of the disclosures provided for herein is punishable by up to six months imprisonment and a $500.00 fine.

            Examples of sexual misconduct as provided for herein include but are not limited to:

            1.         Sexually related conversations

            2.         Sexual jokes

            3.         Sexual questions

            4.         Sexual harassment under Title IX of the Civil Rights Act of 1964.

            5.         Sexual abuse under state criminal codes

            6.         Any sexual relationship with

                        a.         A student, irrespective of the age of the student

                        b.         A former student under age 18

                        c.         A former student, no matter the age, where the student is incapable of forming the consent to participate in a sexual relationship. The foregoing applies to all students and any organization in which the school employee holds a position of trust and responsibility.

            7.         Any activity directed toward establishing a relationship such as, but not limited to

                        a.         Sending intimate letters

                        b.         Engaging in sexual dialogue via internet, in writing, or telephone or dating a student.

This Board, upon receipt of a disclosure authorization from another School Board, shall provide copies of all documents as contained in the former employee's personnel file relating to all instances of the previous employee's sexual misconduct.

Ref: LRS 17:81.9, Board Minutes February 8, 2007