Current through Register Vol. 63, No. 9, September 1, 2024
As used in OAR 581-021-0510 through 581-021-0512, the following
definitions apply:
(1)
(a) "Conviction" means:
(A) Any adjudication in any criminal court of
law, in this state or in any other jurisdiction, finding the individual
committed a crime. A crime is an offense for which a sentence of imprisonment
is authorized.
(B) Any adjudication
in a juvenile proceeding, in this state or in any other jurisdiction,
determining that the individual committed an offense, which if done by an
adult, would constitute a crime listed in ORS
342.143.
(C) Any conduct which resulted in mandatory
registration reporting as a sex offender in this state or any other
jurisdiction or current requirement to register as a sex offender. A later
court order or other action relieving the individual of the sex offender
registration/reporting requirement does not affect the status of the conduct as
a conviction for purposes of this rule.
(D) Any plea of guilty, no contest or nolo
contendere in connection with a crime, in this state or in any other
jurisdiction.
(b)
Notwithstanding subsection (a) of this section, the following additional
guidelines apply when determining whether a conviction exists:
(A) A conviction does not exist where a
dismissal was later entered into the record in connection with a diversion or
on any sort of deferred adjudication or delayed entry of judgment.
(B) A conviction does not exist where an
Oregon court has expunged or otherwise removed a conviction from the record of
an individual. A conviction does exist for purposes of this rule even if a
crime was expunged or removed from the record of the individual under the laws
of another jurisdiction if the crime would be ineligible under ORS
137.225 for expunction or
removal from the record if the conviction had occurred in Oregon.
(C) A conviction does not exist where an
individual was granted a full pardon by executive order of the Governor of this
state. A conviction does exist for purposes of this rule even if a crime was
pardoned by executive order in another jurisdiction, unless the Superintendent
of Public Instruction determines that the pardon issued by the other
jurisdiction is the equivalent of a full pardon by executive order in this
state.
(D) Except as noted above, a
conviction does not exist only where there was a judicial adjudication that the
individual did not commit the offense in question, or when a conviction,
adjudication or plea is overturned by an appellate court of record and no later
conviction, adjudication or plea indicating the individual committed the
offense in question is on the record.
(2) "DAS" means State of Oregon, Department
of Administrative Services;
(3)
"Direct, unsupervised contact with students" means contact with students that
provides the person opportunity and probability for personal communication or
touch when not under direct supervision;
(4) "DOB" means date of birth;
(5) "FBI" means the Federal Bureau of
Investigations;
(6) "Fingerprint
information" means all information requested by the Oregon Department of
Education for processing the fingerprint application, including the following:
(a) One properly completed fingerprint
submission; and
(b) A properly
completed Oregon Department of Education fingerprint based criminal history
verification form.
(7)
"Knowingly made a false statement" means the failure to disclose on the Oregon
Department of Education fingerprint based criminal history verification form as
part of the criminal records check process any of the following:
(a) A conviction of a felony;
(b) Any conviction of a misdemeanor within
the previous 20 years;
(c) Any
conviction of a misdemeanor that is listed in ORS
342.143 or its substantial
equivalent in another jurisdiction.
(8) "LEDS" means the Law Enforcement Data
System;
(9) "School District"
means:
(a) A school district as defined in ORS
330.005;
(b) The Oregon School for the Deaf;
(c) An educational program under the Youth
Corrections Education Program;
(d)
A public charter school as defined in ORS
338.005; and
(e) An education service district.
(10) "SSF" means State School
Fund;
(11)
(a) "Subject individual" means:
(A) Any person hired within the last three
months by a school district and not requiring licensure under ORS
342.223;
(B) Any person employed as or by a contractor
into a position having direct, unsupervised contact with students and not
requiring licensure under ORS
342.223;
(C) A person who is a community college
faculty member providing instruction:
(i) At
the site of an early childhood education program or at a school site as part of
an early childhood program; or
(ii)
At a kindergarten through grade 12 school site during the regular school day;
and
(D) A person who is
an employee of a public charter school and not requiring licensure under ORS
342.223;
(b) "Subject individual" does not include an
employee hired within the last three months if the school district has on file
evidence that the employee:
(A) Successfully
completed a state and national criminal records check for a previous employer
that was a school district or private school; and
(B) Has not resided outside the state between
the two periods of employment.
Statutory/Other Authority: ORS
326.051
Statutes/Other Implemented: ORS
326.603 & ORS
326.607
