Background Investigations in Indiana have failed the students

By Andy Gammill
Indianapolis Star

The 7-year-old tried to keep her teacher's hands off her.

She faked stomachaches, hoping to stay home from school.

When that failed, a prosecutor later said, the girl wore dresses so the teacher couldn't slip his hand down the back of her pants.

It was a battle she might have been spared in another state: Four years earlier, two different girls in different classes accused the same teacher, Jeffrey Baber, of the same thing. Nothing happened after police discounted those claims.

In Georgia, the accusations would have been enough to spark a review by state investigators.

In Ohio, the allegations would have been put on record for parents to check.

In Utah and other states, the complaints likely would have cost him his educator's license.

In Indiana, he kept teaching.

The case highlights flaws in the state's approach to protecting schoolchildren. The Indiana Department of Education's efforts are largely limited to conducting criminal background checks within Indiana and checking newspaper clippings for educators who have been arrested. That information helps the state revoke 10 to 20 licenses a year.

Other states go much further to find and remove teachers who could put children at risk.

Most do more extensive nationwide criminal checks. Some require police and district officials to notify state authorities when a teacher has been investigated, arrested or accused of misconduct.

Indiana relies mainly on local school systems to root out dangerous teachers, a method that doesn't always work. Districts sometimes bury records of embarrassing or thorny cases in their files, hiding information from the public and other schools looking to hire a teacher.

Indiana's problems are no surprise to legislators, superintendents, school boards or members of the state's Board of Education. They've known for years that schools may unknowingly hire teachers who pose a threat to students.

"It scares the hell out of me," said Todd Huston, Fishers, a member of the State Board of Education. "The problem now is that we don't really have sustained policies. It's on a district-by-district basis."

Attempts to strengthen the safeguards have stalled.

What's left is so ineffective that no one can say how many of the state's 62,000 licensed teachers have criminal records, or whether predators are making the rounds of Indiana schools.

An Indianapolis Star review of Marion County police reports found dozens of current teachers with arrests for crimes including battery on a police officer, domestic battery, repeated traffic violations, soliciting a prostitute and drunken driving -- some as many as two or three times. Although they may be alarming to parents, some of these offenses might not be grounds for revocation of a teaching license.

The Star's investigation also found four cases where state laws didn't keep teachers out of classrooms even after more serious problems arose.

The result? Children taught by a teacher arrested on a charge of cocaine dealing. A teacher who brought marijuana to school. One with a long history of intimidating students.

And Baber.

After a jury convicted him of molesting the 7-year-old in 2005, he pleaded guilty to molesting another girl.

And another one. He had been molesting Beech Grove schoolchildren for at least four years.

The district's insurers paid out $740,000 to three victims.

Baber finally lost his license to teach.

Background checks

Limited Indiana search lets Florida drug dealer in school

Michael Warner's references described him as an energetic, charming role model, and officials at Irvington Community School were excited to hire him.

The new science teacher passed a criminal history check by the charter school, and the state had stopped running checks on him because he held a lifetime teaching license.

Even if the Department of Education had screened him again, the checks run by the school and the state review only Indiana court records and would have missed his arrest in Florida on a charge of dealing cocaine.

Florida officials said Warner pleaded guilty to possessing cocaine with intent to sell and was sentenced to 90 days in jail and three years of probation.

More than 40 states require comprehensive background checks that turn up arrests across the country before teachers can be licensed to teach. Indiana does check a national database of teachers who have lost their licenses, but beyond that, state law requires a "limited criminal history" check that reviews Indiana court records.

With the limited statewide name-based check, old arrests without a disposition won't turn up, and some counties had spotty records on entering data into the system.

After a private investigator tipped off Irvington Community School in 2006, Warner resigned and the state took away his license.

"We've deepened our interview and reference checks," said Timothy Ehrgott, the school's president. "We learned our lesson."

Outside Indiana, that task often is handled by state officials rather than local schools. Utah and Maine require their state police agencies to keep names of educators in an electronic system that alerts officials when a teacher is arrested.

A coalition of state governments that maintains a national database of teacher misconduct also recommends more stringent checks.

The National Association of State Directors of Teacher Education and Certification urges states to use state and FBI checks for all new teachers, and every five years for all educators, director Roy Einreinhofer said.

Indiana does neither.

A few school districts feel so strongly that Indiana's system is too weak that they pay for national searches on their own.

"We don't think it goes deep enough into data," said John Ellis, director of the state superintendents' association. "The thing that frustrates school officials is there's too many holes in the system."

No one tells the state

School drug arrest details not shared, so teacher kept license

When police arrived at School 83 in Indianapolis one evening in May 2005, according to their report, a teacher told them he was high on marijuana.

They asked him whether he had drugs on him, the report said, and he said they were in his car. Officers searched the car, found marijuana and arrested the teacher, Eric J. Potthast, on charges of possession of marijuana and paraphernalia.

Potthast took a deal from the court, agreeing to pay a fee, admit his guilt and attend behavior-modification classes. After he did so, the charges were dropped.

Indiana, unlike other states, does not require schools and police to report most teacher misconduct to state officials.

So Indianapolis Public Schools did not. Potthast resigned a few months later.

Potthast disclosed the misdemeanor on his next application for a teaching license. But what he didn't say and what state officials don't appear to have known was that the incident happened at a school, an offense that cost at least one other Indiana teacher his license.

So Potthast's license was renewed, despite the drugs he brought to school. That left it up to a school district to decide whether to put him in a classroom.

He was rehired the next year by IPS, which struggles to find teachers and substitutes to fill classrooms when teachers quit. He was fired last month for failing to keep his teaching license up to date.

"Was it wise to hire him?" IPS spokeswoman Kim L. Hooper said. "On behalf of the district, I would say no. But I know we also struggle to find subs in this district."

Prosecutors and superintendents must tell the state about misbehaving teachers only if they are convicted of a short list of felonies: kidnapping, dealing drugs or sex crimes against children.

Even those cases can stay off the state's radar if there's no conviction or the teacher pleads guilty to lesser charges. If a teacher is arrested on a charge of murder, raping an adult, assault, possessing child pornography or most other crimes, no one is required to tell state education officials.

"Ideally we would want to be notified anytime anybody holding a teacher license gets arrested," said Kevin McDowell, general counsel for the Indiana Department of Education. "Some states do that."

Indiana teachers who are arrested for many crimes must report a conviction to their school district, but the districts have no obligation to tell anyone else.

In other states, teachers are required to report their own arrests to the state, and police must tell education officials when a teacher commits a crime. Some hire teams of investigators that do nothing but look into teacher misconduct.

The Indiana Department of Education relies on calls from parents reading newspaper articles and a service that reviews newspapers for arrests of teachers.

If there's no article, the state never knows.

Quiet resignations

School let teacher with past of intimidation quit, get another job

Lawrence Central High School history teacher Charles E. Stallworth's dispute with one boy turned ugly three years ago at a Northside movie theater where the boy worked.

The theater manager called police after the teen said his teacher had come in, threatened him and then made a phone call.

Worried for the boy's safety, the manager hid the boy in an office. On video, they watched as Stallworth met two men who arrived at the theater and handed them money, according to a probable cause affidavit. Those men asked other employees where they could find the boy and then staked out the employee entrance, the affidavit said.

When police arrived, they ordered the two men to leave and questioned Stallworth about the incident. Despite the video evidence, he said he made no phone calls at the theater and talked to no one while he was there, the court records said.

Stallworth pleaded guilty to lying to police about the incident, but a felony intimidation charge was dropped. He quietly retired.

It wasn't the first time he had been accused of intimidating students. He was suspended for two days in 2001 after the district substantiated a girl's claim that he hit her on the back so hard he left a red mark.

"Your behavior on November 3, 2000, is not acceptable and you are hereby reprimanded for your action," an administrator wrote to him. "In addition, this incident seems to be one in a long line of other incidents of an intimidating nature towards students."

In a statement this past week, Lawrence Township Schools said Stallworth had planned to fight efforts to fire him and that an agreement letting him retire got him out of the classroom and prevented him from suing the district or the student.

Stallworth moved to Alaska and got a teaching job in Anchorage.

Like the other teachers highlighted here, Stallworth could not be reached or did not return messages left at phone numbers listed in court documents or public directories.

State officials said Lawrence Township Schools officials recommended against revoking Stallworth's license because the misdemeanor was "unrelated" to his teaching responsibilities. That and his retirement allowed him to keep his license.

That doesn't seem right to Marcia Riley, whose son Stallworth threatened. She wishes the district had fired him and the state taken away his teaching license. The whole situation was "swept under the rug," she said.

Riley, whose son is now a Marine serving in Iraq, said the incident at the movie theater shattered her trust in teachers.

"They're supposed to protect your children," she said. "In fact, he was putting my child in harm's way intentionally."

When school districts let teachers resign, it prevents the public from seeing records of their misconduct, which must be released if they are fired. And it becomes easier to get another teaching job if the teacher doesn't have to disclose a dismissal.

Such outcomes happen in cases more serious than Stallworth's, too. Bob James, an Indianapolis attorney, said he has handled three or four cases where school districts paid settlements to children victimized by teachers but no charges were filed, no licensing action was taken and teachers quietly quit.

He could not reveal names of teachers or districts, he said, because the settlement agreements included confidentiality clauses.

That kind of secrecy is why districts shouldn't have the last word in deciding to let teachers resign when they face termination, said Edward Eiler, a state Board of Education member and superintendent of Lafayette Schools. Eiler suggests that Indiana districts be required to report such cases for further investigation, as required in other states.

Even the risk of costly legal bills or unseemly public disputes should not prevent districts from firing teachers whose conduct merits dismissal, said Martha McCarthy, an Indiana University professor who specializes in education law.

"A lot of school leaders will take the path of least resistance," she said, "and the path of least resistance is to counsel the employee to resign."

Prospects for changes

Many support stronger system, but past reform tries didn't work

Bills have been introduced in the state legislature the past several years to make changes to the teacher licensing system, but none has been successful.

Those bills, which proposed requiring FBI background checks or ordering courts to tell state education officials about criminal teachers, appear to have become ensnared in other issues or bogged down.

The state's top educator thinks Indiana does a good job overall protecting children, but she said she'd like to see changes to the law to allow her department to issue formal public reprimands and to require courts or police to report when teachers break any law.

Superintendent of Public Instruction Suellen Reed said the state opted not to do FBI checks years ago because of the expense and difficulty of getting usable fingerprints they require.

"The overall system is protecting our children," she said. "The people that get in trouble haven't been in trouble before usually when we find them. It screens out the obvious people. That's what we want."

The state's teachers union backs strengthening background checks, adding more crimes to the list of those reported to the state and requiring school districts to fire teachers who have hurt children. The organizations representing superintendents and school boards largely agree.

"The system could be improved if the initial background check included the national databases and sex offender registries," said Dan Clark, deputy director of the Indiana State Teachers Association.

But even the groups that support strengthening Indiana's ability to screen out problem teachers want to include limits to protect teachers' rights or want to preserve local school boards' abilities to make their own decisions.

Richard Wood, the Democratic candidate for state superintendent of public instruction and a former superintendent, argues that it's largely an issue for local school boards.

"You just have to deal with those situations on a case-by-case basis," he said. "I'm not advocating any change. I would not initiate anything to make the process more lenient or anything to make it more stringent. The law we have in place is working at present."

State Rep. Robert Behning, R-Indianapolis, disagrees. His constituents, he said, would blame him just as much as the School Board if a felon ended up in a classroom.

Behning, the ranking Republican on the House Education Committee, said he was interested in proposing a bill this legislative session that would require FBI background checks for educators.

"The state definitely should have a role in it," he said. "I'm not an advocate of big government, but I believe it is the responsibility of this state. . . . I do believe that we've tried to do what was right, but I don't believe we've gone far enough."


Posted by Pebi Services President Tyra Hearns

Bucknell University contemplates instituting faculty background investigations

By Lily Beauvilliers
The Bucknellian

The University is considering conducting background checks on finalists for faculty positions.

Human Resources (HR) suggested the move after examining trends in peer schools, said Marcia Hoffman, executive director of Human Resources.

Four checks are being considered: criminal background, national sex offender registry, education credential and employment verification.
The University has been conducting background checks on all staff since April 2001 and began a pilot program testing senior staff, including the new chief information officer, provost and dean of students, in April 2007.

“We were trying it out on them,” Hoffman said.

The process to implement faculty checks was halted after HR spoke with the Faculty and Academic Personnel Committee (FAPC) last spring.

“Members of our committee are concerned that background checks are expensive, and it seems unlikely that they will do much to make Bucknell safer,” said Geoff Schneider, associate professor of economics and chair of FAPC, in an e-mail.

Schneider also raised concerns that the University couldn’t compete with other employers if it began background checks.

“Many faculty care very deeply about academic and personal freedom, so we are concerned that we might turn off the best applicants ... by instituting an overly intrusive background check policy,” he said.

Currently, the University does not officially verify an applicants’ education before offering employment.

A search committee consisting of members of the department and someone of a different ethnicity or gender reviews the applications, Hoffman said.

The committee writes a “short list” approved by the Affirmative Action Officer Linda Bennett and deans.

These applicants are interviewed, and a recommendation is made.

“The hiring official does talk to references. Those conversations check the academic credentials, but there is no official check,” said Tom Evelyn, director of media relations.

Background checks would be conducted after an applicant is already chosen. “If discrepancies arise in the background check reports, HR would provide a copy of the report to the individual, and then notify the search committee chair the respective dean, and the provost for their consideration and deliberation,” Hoffman said.

The University considers the nature of the convictions, how many there have been, the date and how a conviction impacts the duties of a position.

“You might find the time served was sufficient punishment, but might also look into their background to see if there is a larger issue,” University General Counsel Wayne Bromfield said.

All convictions would not be treated equally.

“If we had someone that came up in the National Sex Offender registry, we would not put them on our campus. Minor traffic violations? Not a major consideration,” Hoffman said.

Before background checks are implemented, HR and FAPC will clarify language added to the background check policy and faculty application.

“It is likely that this issue will eventually come before the full faculty as a committee report,” Schneider said.

Current chair of the faculty Tony Massoud, associate professor of political science, declined to comment due to lack of information.

Martin Ligare, associate professor of physics and former chair of the faculty, expressed his concern over the possibility of background checks.“Broadly targeted background checks on a routine basis are antithetical to the ideals of an academic institution,” he said.

According to Ligare, the University should not act as an arm of the law.

“It’s not our job to punish people,” he said.

Andrea Stevenson Sanjian, associate professor of political science, feels faculty should be informed about the decision process.

“I am generally uncomfortable with [faculty background checks] so far, and nobody has made any effort to change this. And I haven’t talked to anyone else who thinks this is a great idea either,” she said.

Hoffman is confident background checks will be conducted soon.

“We are hopeful that, with the additional language, the FAPC will support this effort, and that a more formal approval process will not be necessary,” she said.

The University views background checks as part of a responsible hiring process and a common trend among our peer schools.

“The basis for all of this is to give us all the information possible, so we can make a better decision before hiring,” Evelyn said.

Posted by Pebi Services President Tyra Hearns

Ohio school district says all school employees pass criminal background investigations

By Sue Hoffman
The Solon Times

All employees in the Solon School District have had criminal history background checks with the FBI and Ohio Bureau of Criminal Identification and Investigation, officials said at Monday's school board meeting.
"We're compliant," School Superintendent Joseph V. Regano said. The practice is in accordance with a new state law and subsequent school policy. All substitute teachers also must have the background checks before they can be considered for employment, he said.
No district employees were found to have any record that would prevent their employment, school officials said.
Board member Julie Glavin raised the question of whether school volunteers will be required to have background investigations.
While districts will be "looking for clarification" from the state on that issue, Mr. Regano said he believes the requirement only affects volunteers working "in single relationships" and "in direct control of students." It would not affect room parents or parents helping on field trips, he said. With volunteers, "it's difficult for the state to control since there's no licensing," he said.
There also is the issue of cost. School staff members each had to pay the $46 cost for the background checks. Prior to the law, the BCI check was $15.
Volunteer coaches who work with students are fingerprinted, and background checks are completed, Assistant Superintendent Thomas W. Stupica said.
He said the procedure for getting background checks by the FBI and BCI is simple. Fingerprinting is completed and sent by a machine in the district, he said. "If all goes well, we'll have a response within 24 hours."
The school board discussed a recent report that an employee in the Orange School District was found to have a felony conviction 36 years ago.
Mr. Stupica said that, prior to the new law, teaching applicants residing in Ohio for the last five years needed a background check only from BCI. Those who lived outside the state within the last five years were required to have the background check by the FBI.
With the new law, Mr. Stupica said, all employees have had to have both background checks. Teachers must have them completed for any renewal of their licenses or certificates, which are valid a maximum of five years.
While teachers always needed the background check for initial employment, non-teaching staff members did not, Mr. Stupica said. Now, they must have it completed as well, he said. Future background checks are scheduled with licensing renewal, he said, which is every six years for bus drivers.
"There are certain offenses for which a person cannot be hired by the schools, even if they occurred 20 to 30 or more years ago," Mr. Stupica said. They include assault, robbery and other violent crimes.
Board member Roger Goudy said BCI checks do not show past convictions which have been expunged, while the FBI report shows all past convictions, "expunged or not."
Mr. Stupica said that, for people who are 18 and older, records are sealed rather than expunged. Those who have had their records sealed may believe they do not have to report the past conviction on their applications, but those records become "unsealed" for certain jobs, he said. "In education, nothing is sealed."


Posted by Pebi Services President Tyra Hearns

Governor Schwarzenegger signs bill for California EMT background investigations

By Andrew McIntosh
Sacramento Bee

Gov. Arnold Schwarzenegger signed legislation today that requires California's 70,000emergency medical technicians to undergo mandatory criminal background checks. In 2007, he vetoed a similar bill after expressing disapproval about last-minute changes that would have kept secret some details about rescuer misconduct.

This time, Schwarzenegger signed an Assembly bill that will modernize a patchwork licensing and certification system in California's emergency medical services world. Extensive problems with the system were exposed in a 2007 sacramento Bee investigation.

"EMTs provide vital services that help Californians in their time of need, and because of the critical role they play, it is important that we have a universal statewide standard that will prevent those who are unqualified or have a past criminal history from becoming EMTs," Schwarzenegger said in a statement issued by his office.

"By signing these bills into law, we are increasing safety and accountability within the emergency medical services field and ensuring that Californians have the best EMTs available at any given moment," the Governor added.

Schwarzenegger signed Assembly Bill 2917, which was introduced by Assemblyman Alberto Torrico, D-Newark. It also requires that EMTs be certified in the county in which they work and calls for the creation of a state-run central EMT registry.

The local certification requirement aims to stop rescuers with spotty employment or criminal records from shopping for certification in counties with no background checks -- a problem The Bee also uncovered.

The registry would allow officials to track EMTs statewide and, after a disaster, to identify rescuers in areas where help is needed. EMT fees will be raised to pay for it.

Torrico said that with a statewide registry, the state will be able to develop a single set of standards for certification, disciplinary orders and conditions of probation for EMTs. Employers will also be able to check if an EMT recruit has had a background check or past action against their certification or license.

Posted by Pebi Services President Tyra Hearns

Police say background investigation was complete on arrested California 911 operator

Lissa Marie Domanic, 42, of Yorba Linda, seen in booking photo after her arrest, is a civilian employee of the Orange County Sheriff's Department who has been indicted on two felony charges. She has been placed on administrative leave pending a disciplinary review.

By Stuart Pfeifer
Los Angeles Times

A civilian employee of the Orange County Sheriff's Department who allegedly has ties to a white supremacist gang has been indicted on charges of soliciting someone to commit a violent crime and providing confidential police records to unauthorized people, officials said Thursday.

Lissa Marie Domanic, 42, was working as an office specialist and 911 dispatcher when she allegedly asked someone to assault an Orange County jail inmate, said sheriff's spokesman Jim Amormino.


She also allegedly used department computers to access confidential records that she forwarded to unauthorized people, Amormino said.

A grand jury indicted Domanic on the felony charges earlier this week, and she is awaiting arraignment in Orange County Superior Court.

Domanic, who has worked for the Sheriff's Department for about 19 months, has been placed on administrative leave pending a disciplinary review, Amormino said.


"We do a thorough background investigation, and nothing came up in her background," he said. "Sometimes people are able to conceal things they are involved in."

Sheriff's investigators began looking at Domanic in May after receiving a tip about her from another law enforcement agency, Amormino said.

Among the things she is accused of doing is asking one inmate to assault another inmate and using department records to identify the housing location of the intended victim, Amormino said. The assault did not occur, he said.

When sheriff's investigators arrested Domanic at her Yorba Linda home earlier this week, she allegedly was under the influence of a controlled substance and in possession of methamphetamine, Amormino said.


Posted by Pebi Services President Tyra Hearns

Pennsylvania Interscholastic Athletic Association in need of stringent background investigations

State lawmakers should throw a penalty flag on the Pennsylvania Interscholastic Athletic Association for failing to conduct background checks on officials at athletic events.

Given the widespread requirement that schools conduct background investigations on employees, including teachers, coaches, janitors and more, including, at times, construction and contract workers, it's stunning to learn that athletic officials in their striped shirts have slipped through the cracks.

And now it's time to change that.

The Pittsburgh Post-Gazette reports that it found numerous instances of people having the same names as those with criminal records officiating sanctioned sporting events in Districts 7 and 8.

The PIAA acknowledges that the newspaper found some instances in which people who had committed crimes had officiated sporting events but noted that even after a yearlong investigation, the Post-Gazette didn't find any cases in which an athletic official committed a crime in connection with his officiating duties in the districts examined.

We're glad there apparently hasn't been a problem and that the PIAA has adopted policies that prohibit one-on-one, unsupervised contact between officials and student athletes.

But just because there hasn't been problems in the past doesn't mean the PIAA shouldn't look to improve its policies.

Since 2006, the PIAA has asked people applying to be officials for the first time if they have been convicted of a felony, and if so, what it was and when it happened? But the organization doesn't check on the applicant's truthfulness, nor does it inquire about the criminal records of those who had registered before 2006.

The PIAA says it relies on schools and others associated with the athletic association to identify those who have been convicted or pleaded guilty to crimes and does regular evaluations in an effort to spot problems.

Those are reasonable steps, but the lack of criminal background checks still leaves a hole that should be plugged.

The PIAA raises concerns about the cost of doing regular background investigations for the approximately 13,700 officials that register every year. The group says other states have seen 10 percent to 25 percent drops in the number of people signed up to officiate when background checks are required.

The PIAA also expresses worries about whether increasing the cost of dues of athletic officials to cover the expense of the background checks would reduce the number of applicants.

But what is the cost to the PIAA's reputation if it cannot attest to the criminal history of its referees, umpires and officials?

Perhaps there could be a middle ground in which background checks are done immediately on new applicants and on a rotating basis, for example once every three years, for existing officials. This might not be perfect, at least it would be better than what currently exists.

The bottom line is checking on whether referees, umpires and other athletic officials have committed crimes may come at a cost and be an inconvenience to the PIAA, but our kids are worth it.Posted by Pebi Services President Tyra Hearns

Colleges heighten background investigations on students: Case study The University of Central Florida

By: Stefanie Kuncman
Central Florida Future

Almost 10 percent of colleges now require students to submit to background checks before they can live on campus to increase the safety of college housing.

UCF, however, does not check a student's background unless the student indicates a criminal history on his or her admissions application.

Colleges have increased background checks due to incidents resulting in deadly violence on campus such as Virginia Tech. Schools are realizing how hazardous it is to allow potentially dangerous students to live with others in school-sanctioned housing.

UCF does not have a formal process for background-checking students before they move into campus housing. According to UCF News & Information, however, every applicant is required to tell the univsersity of any criminal history when they apply.

UCF officials say they value its students' safety.

"The safety of our students, faculty, staff and visitors is our top priority at UCF," a statement from News & Information said.

And UCF is not without a screening procedure. According to News & Information, cases of students with criminal histories are turned over to the Office of Student Conduct for investigation. Office of Student Conduct then decides whether to recommend students for admission to the college.

If admitted, the office of Housing and Residence Life reviews the Office of Student Conduct's recommendations for those students who have applied to live on campus.

If students are found out to have undisclosed their prior violation of law, other than minor traffic infractions, they may not be admitted and may face other disciplinary action, the statement from News & Information said. Punishments could include expulsion.

Question 23 B on the UCF Undergraduate Admissions Application reads "Have you ever been charged with or convicted of a felony." The student checks yes or no. It then reads "In the past 10 years and including any pending charges, have you been the subject of any criminal proceeding other than a minor traffic violation?"

Stephanie Lashway, a 21-year-old senior does not agree that the current screening process is sufficient.

"Freshman year I would get e-mails frequently about sexual predators in Nike," Lashway said. "If this is a problem, they should have required background checks sooner. Parents send their children to college with the assumption that they will be safe."

The statement from News & Information did include that many positions on campus do require background checks.

According to the statement, background checks are conducted on all staff and student employees of Housing and Residence Life, incuding residence hall assitants, before they are hired.

UCF also conducts checks on all newly hired faculty, including adjuncts and most staff members. Those include Executive, Administrative and Proffesional, or University Support Personnel System, the statement added.

There are also some departments on campus that have additional background requirements for students, faculty and staff.

For example, the College of Nursing requires two background checks for all students, volunteers and employees. One check is conducted when students or staff apply and another is completed when they are accepted to work or study.

Posted by Pebi Services President Tyra Hearns

Tyra Hearns points out the necessity of background investigations is stronger now more than ever

The purpose of personal background checks is to get a feel for the applicant’s character. Personal and professional references are a good starting point, however, experts in the investigative field caution employers on using this method solely. Prospective employees are obviously going to give references of people whom they trust will provide a good character reference for them. Those references may not necessarily be fabricating information regarding the applicant; they simply may not know pertinent information about him or her.
Another method employer’s use is obtaining a credit report on the prospective employee. While privacy advocates argue the necessity in reviewing credit reports, many employers find them to be full of important information. An employer can determine what types of credit accounts the applicant has open and their history of paying bills on time. For some employers, this is a good indicator of how responsible of an employee he or she will be. Employers also may draw a correlation between credit history, job performance and employee retention. Though these conclusions are heatedly debated, according to the Fair Credit Reporting Act, employers do have the right to investigate much of a person’s credit history as a pre-employment tool.
Credit reports also contain pertinent job and address information. Some employers and private investigation firms use credit reports as a means of cross-referencing information supplied on the employment application. Though credit reports contain much needed personal information, they should be used in conjunction with other personal background check methods in order to have a well-rounded view of the applicant’s character and ability to perform the job duties.
This type of consumer report also contains information that may be valuable, although legally questionable, to the employer. Age and marital status are data that are often reported. Employers should already be familiar with privacy and equal opportunity legislation and be careful not to discriminate on the basis of these facts. The purpose of performing personal background checks is to ensure the safety and security of the company and violating Federal laws is out of the question.
Identity theft, criminal prosecutions, outstanding debt and bankruptcies are all examples of information that can be acquired through a personal background check. As an employer, it is your responsibility to only gather what information you need; information gathered should be directly related to the safety and quality of the company and more specifically, the job performed. For example, if a company needs to hire a receptionist, it might not be necessary to know whether or not he or she has filed bankruptcy recently. Other than using that as a tool to judge character, some information gathered through personal background checks may not be relevant to the position.
If an employer should require a more extensive background check, things such as who someone has dated, use of alcohol or drugs or personal lifestyle can also be obtained. Usually when a firm investigates a person’s background, they may interview neighbors, friends, associated, former co-workers and others to gain a picture of the person as a whole. Some of the information may be of interest to the employer and some may be irrelevant. It is important when hiring an investigator, to let them know specific information you are looking for.
When investigating a prospective employee’s background, it is vitally important to be honest about your intentions. Federal law requires employers to provide separate consent forms for each type of investigation to be conducted; it is also good business practice to be forthcoming about these matters. Background checks on employee’s can save companies money by avoiding potential lawsuits, theft, and costly employee retention. It is usually best to outsource the work to a private firm, if the information is very detailed. For some employers, searching at the local or state level is much more cost-effective and may produce the results they need without outsourcing.

Posted by Pebi Services President Tyra Hearns

Florida's state report concerning mortgage brokers shows that background investigation results ignored or not accounted for

BY Matthew Haggman AND Rob Barry
As Florida grapples with the worst home loan fraud crisis in the country, state mortgage industry regulators failed to order federal criminal background checks of mortgage brokers and, in some cases, never alerted police agencies to crooked mortgage operations, according to a state investigation of the lead agency that oversees Florida's troubled loan industry.
A report released Tuesday to Gov. Charlie Crist and Cabinet members blasts the Office of Financial Regulation for licensing people with serious criminal histories as mortgage brokers even as the state mortgage fraud rate was soaring to the highest level in the nation.

The six-week investigation by Florida's top inspectors general was prompted by a Miami Herald series, Borrowers Betrayed, which showed state oversight of the mortgage industry broke down at every level -- from the licensing of people with criminal pasts to the disciplining of crooked brokers.

''In some instances, the office was not complying with existing governing directives,'' the state report says.

The Herald's series led to the forced resignation of Commissioner Don Saxon, who oversaw the agency since 2003.

The 23-page report, which was obtained Monday by The Herald, concluded the state's regulatory system was ``insufficient to protect the people of the state of Florida.''

Investigators said the agency functioned without any clear guidelines, making up rules as it went along and operating on the wrong interpretations of the law.

All the while, mortgage fraud skyrocketed during the most explosive housing boom in state history. Today, a quarter of all reported fraudulent loans across the country are for Florida properties.

The Miami Herald's series revealed that more than 10,000 people with criminal histories -- including money launderers, racketeers and cocaine traffickers -- were able to peddle home loans across the state this decade.

Crist and the Cabinet -- meeting Tuesday as the state Financial Services Commission -- passed emergency measures last month in response to The Herald's investigation, including rules that automatically ban felons of financial crimes from peddling homes.

In its report, the state auditors found that from October 2006 until March 2008, the OFR issued mortgage broker licenses but did not conduct federal criminal background checks of the applicants as required by state law.

The auditors wrote that Saxon told them he was ''not aware of the strict language'' of the law and ''did not believe'' the Legislature meant for him to immediately implement the federal background investigations required by a change in the law in 2006.

Intead, fingerprint cards meant to be submitted for federal crimes checks were kept in the OFR's files, the report stated.

The Miami Herald found 88 former federal criminals were licensed by regulators this decade, including former bank robbers.

The state probe also found the state did not issue any written guidelines explaining why applicants with criminal histories should be allowed to work in the mortgage industry. The investigation discovered that agency decisions were made on ''experience'' rather than any clearly understood criteria.

The auditors took issue with the fact that broad benchmarks like ''moral turpitude'' or ''dishonest dealings'' were applied to applicants on a case-by-case basis without clear lines of decision-making.

In fact, one OFR official called the moral turpitude standard a ''moving target'' that required guidance from the legal staff because the kinds of crimes under that category vary so widely.

Yet, a senior attorney at the agency told auditors he was never asked to provide written guidance and -- if asked -- likely would not have done so because the law is not clear.

The report also stated that Saxon's agency could have required brokers to submit background information -- such as updated criminal history -- when trying to renew their licenses. But the agency didn't initiate any such practice.

Separately, the report found that loan originators ''perform essentially the same function as mortgage brokers'' but aren't licensed. Saxon told auditors that licensing loan originators would be next to impossible because of the ``influence of the industry.''

But industry leaders in Florida told The Herald that they had pressed Saxon's office in 2002 and again in 2006 to license loan originators -- but regulators refused.

In addition, agency e-mails obtained by The Herald showed that top leaders of Saxon's staff opposed the licensing of loan originators, and in one case, even removed a provision in a legal draft to bring them under state licensing.

Posted by Pebi Services President Tyra Hearns

Some school bus drivers with criminal records in New Jersey are working

By Larry Higgs and Paul D'Ambrosio
Gannett New Jersey

Dozens of school bus drivers with criminal convictions transport children to class each day, many with the state's approval, a Gannett New Jersey investigation has found.

Offenses for the persons convicted range from manslaughter to drug distribution to theft.

Of the 35 drivers found by Gannett New Jersey, three have had their bus driving endorsements revoked by the state Department of Education after the Press forwarded its list to authorities.

None of the banned drivers worked in Middlesex, Monmouth or Ocean counties.

The three drivers include a man convicted of manslaughter and two women convicted of endangering the welfare of a child.

The gap in background investigations for school bus employees is so wide that one man with two prior drug convictions was hired as a bus aide by a Keansburg company to transport Middletown students. State officials said they were never told about the hire, and, as a result, no background check was ever run.

The aide, Parrish L. Jones, is now serving a 10-year prison term for giving a near-fatal dose of methadone to a 15-year-old on a school bus in 2006.

Of the 32 remaining bus drivers whose permits were not terminated because of prior convictions, state officials said none had offenses that would warrant taking them off school buses. The convictions included simple assault, gambling, weapons possession and official misconduct, according to a review of state court records.

Still, state education officials said that those with serious offenses shouldn't have escaped detection and that measures are being taken to close the loopholes that let Jones and others get on a school bus.

"The safety and security of our children are DOE's highest priorities, which is why we do these background checks in the first place," said Kathryn Forsyth, Department of Education spokeswoman. "It is simply unacceptable to us to have anyone slip through the cracks, and when we find that someone has, we move quickly to make sure they are disqualified and fired."

Gannett New Jersey also found that 148 convicts received school bus driver licenses after their convictions, but that their permits have since expired, according to a review of bus drivers and state criminal court records for the last 15 years.

The drivers worked for both private bus companies and school districts that operated their own bus service.

State education officials, who are required by law to keep certain criminals from driving school children, said that the three terminated bus drivers fell through the cracks because of changes in the state's fingerprinting system.

"In these instances, we are obligated to take action," said Carl Carabelli, manager of the criminal history review unit for the education department. "Disqualification notices went out on Aug. 21, which said they are disqualified (from school employment) and should be terminated, and we sent notices to MVC (Motor Vehicle Commission) to revoke their school bus endorsement."

School bus drivers are supposed to be fingerprinted and go through criminal background checks every two years, when they renew their bus driver's license. But those safeguards, designed to reassure parents, don't always work, said Dr. Alan Ross, founder of the National Coalition for School Bus Safety, Connecticut.

Federal law prohibits individuals from driving a school bus who have been convicted of first- or second-degree crimes, such as murder and aggravated assault, and some third-degree theft offenses.

Middletown school bus aide Jones is a recent example of how a slip-up can cause a near death. Jones had two prior drug convictions in Monmouth County, but got a job as an aide for the Aberdeen-based Milu Bus Service.

Jones, 37, of Keansburg, was convicted of drug distribution in Monmouth County in 1992 and again in 1996. He was given a 364-day jail term in 1992 and a three-year prison sentence in 1996, according to public records.

Jones pleaded guilty to giving methadone a synthetic narcotic to a 15-year-old Middletown North High School student in October 2006. The boy nearly died from the overdose. Jones was sentenced last June to five to 10 years in prison.

Jones was hired for school employment despite his two prior drug convictions because his name was never submitted for a background investigation to the state by the bus company, Forsyth said. An education department audit revealed that the company also failed to submit other employees' names for background checks, she said.

"His name didn't go through the system. They were cited for noncompliance. They have to perform a corrective action plan," she said.

Education officials are putting together administrative procedures to fine any bus company that fails to submit workers names for background checks, Forsyth said.

"It is a shame that what happened in Middletown happened. I thank God the child was okay, it's one heck of an awakening for the township," said Maria Wheaton, parent of a student who graduated from Middletown North High School last year.

While Wheaton said she was satisfied with how the district handled the situation, she said she supports a bill introduced by state Sens. Loretta Weinberg, D-Bergen, Barbara Buono, D-Middlesex, and Shirley Turner, D-Mercer.

The bill would require more frequent fingerprinting of all school employees and mandate that those fingerprints are kept on file. In June, it was approved by the Senate education committee and is waiting to be posted for a vote by the full Senate.

"That bill is a great idea, it should pass with flying colors," Wheaton said. "I think that any adult who works with school age children should definitely go through a thorough background check."

The three school bus drivers state officials said were disqualified are:

Cora Outlaw, 42, Newark, convicted of endangering the welfare of a child and sentenced to three years in prison in 1992. She was last approved for school employment in May 2007 in Essex County.

State education department officials said they initially found no disqualifying crimes on her record. Her endangerment conviction has since been verified, disqualifying her from driving a school bus.

Marba L. Morris, 50, Teaneck, was convicted of endangering the welfare of a child and placed on two years' probation 1999. She was last approved for school employment in 2005 in Bergen County.

Bobby G. Allen, 54, of Vineland, convicted of manslaughter in 1992, was sentenced to 270 days in jail and four years' probation. He was approved for school employment in August 2006 in Vineland. Education department officials said the conviction wasn't on his record. After a new review of records, he was disqualified from school employment.

None of the drivers could be reached for comment.

The drivers can challenge the action by filing an administrative appeal with the department within 30 days, said Carabelli, of the education department's enforcement bureau. None has filed an appeal as of Thursday, Sept. 11.

How did those three drivers and others make it through the system?

In several cases, individuals uncovered by Gannett New Jersey slipped through the criminal background safety net because their fingerprints weren't kept on file by the state Bureau of Identification, Carabelli said.

In 12 other cases reviewed, the crimes weren't considered by the department to be disqualifying offense at the time they were convicted, Carabelli said.

All first- and second-degree offenses, such as homicides and major drug crimes, are disqualifying. A theft charge depends on the severity and the value of what was taken, Carabelli said. Some third-degree theft offenses also are considered disqualifying offenses, he said.

State officials determined that 10 drivers on the Gannett New Jersey's list would keep their license because the offenses they were convicted of weren't disqualifying under the law. They included weapons possession, interfering with custody of a child and witness tampering.

Four drivers on the list were convicted of lower offenses, such as disorderly persons and drug possession, which were not considered a disqualification at that time of arrest. But such offenses would bar them from obtaining a school bus driver's license now, Carabelli said.

The state criminal history review unit handles 70,000 background checks a year for all school employees and disqualifies an average of about 1 percent, Carabelli said. There are 25,000 school bus drivers authorized to drive students in the state, he said.

One problem identifying drivers with records is that until February 2003, the state Bureau of Identification didn't retain the physical fingerprints from background checks, said Forsyth, the spokeswoman for the education department.

"If they committed a crime, we didn't know unless we found out anecdotally or through the newspapers or if the police or prosecutor let us know a crime was committed," Forsyth said.

That database is "much more complete" and state education officials will know immediately if a bus driver or school employee is convicted or has a record, she said.

Legislation in the state Senate would require all school employees and applicants to undergo fingerprinting and criminal background checks every two years.

The bill, S110, also would require the education department and state Department of Labor and Workforce Development, which tracks individual wage data, to compare databases to determine if a school employee has not undergone a criminal background check, or has been disqualified yet still works with students.

"The (education) department not only strongly supports this bill, we helped write it," Forsyth said. "As the people who administer the system, we knew where the problems were and what had to be addressed legislatively. We think this bill will significantly tighten the safety net."

"It expands our ability to make sure people don't fall through the cracks," Forsyth said. "All these pieces are filling holes."

Posted by Pebi Services President Tyra Hearns

Ohio background investigations arriving after school has started

By LeeAnn Moore

Results of Ohio criminal background investigations on teachers, administrators, other school employees and even some volunteers will continue to come in over the next few months.

Sept. 5 was the deadline for most to have fingerprints turned into the Federal Bureau of Investigation (FBI) and the Ohio Attorney General's Bureau of Criminal Identification and Investigation (BCI).

"We believe that all of our employees have done that," said David Branch, Franklin Local School District superintendent. "However, we do not have all of the results because there is a rather large backlog at BCI in processing. Therefore, we do not have all the results of all the required testing, but we have a lot of it back."

Jim Heagen, superintendent of East Muskingum Local School District, said 100 percent of those in his district who needed to have prints submitted by Sept. 5 did so.

"The BCI/FBI system is inundated with all these requests. Now even veteran employees have to have it done," Heagen said. "They're inundated with all these people who had to have it submitted by Sept. 5. We're in the same boat as everyone else. 100 percent of our people have submitted but we're waiting on returns. As far as I know, we are following the law."

The Ohio Department of Education (ODE) began requiring applicants seeking any license or permit to have an Ohio criminal background investigation and an FBI criminal background check completed. The rule became effective Nov. 14, 2007 to comply with House Bill 190.

House Bill 79, which went into effect March 2007, requires those teaching with a professional teaching certificate to have a background investigation every five years on a date set by the state board of education. The first date established to have the checks completed by was Sept. 5.

"However, it's not a deadline for all prints as this deadline is only for teachers who teach under a permanent teaching certificate or an eight-year teaching certificate. Many teachers teach under a five-year teaching license. This Sept. 5 deadline doesn't apply to them. They receive background checks when the renew their license every five years," said Karla Warren, ODE press secretary.

Kevin Appleman, coordinator of operations and student services for Zanesville City Schools, said the process went smoothly the first time around.

Those needing to submit prints within Zanesville City started submitting them April 28 and they were all in by May 28. Appleman said most of the results are in and OK.

"Personally, I like it, because I think as a father myself who has a child in school, I appreciate it as a parent and as a person who facilitates it. I like it and I'm sure Mr. (Superintendent Terry) Martin does too because it protects everybody, our teachers, students, parents, administration, everybody," he said. "I don't think it's a bad thing at all. It's a positive."

In most cases, prints are submitted at the districts' administrative offices using WebCheck, an Internet-based program used for conducting fingerprint-based civilian background checks developed by BCI.

"ODE has been communicating aggressively with districts and with educators who hold eight-year, permanent or permanent non-tax certificates. They have been notified that those certificates would be inactivated if they did not submit fingerprints for mandated BCI and FBI background checks by Sept. 5, 2008," Warren said.

Posted by Pebi Services President Tyra Hearns

McCain says Palin's background investigation was thorough

By Beth Fouey and Liz Sidoti
Republican John McCain said Tuesday he's satisfied that Sarah Palin's background was properly checked out before the Alaska governor joined the Republican ticket. He predicted that public excitement about her candidacy will increase after her address to the GOP convention on Wednesday.
McCain visited fire houses in Ohio and Pennsylvania on Tuesday, and was due to arrive at the Republican National Convention in St. Paul, Minn., on Wednesday.
Asked about whether Palin's background was thoroughly checked out before he selected her, McCain told reporters in Philadelphia: "The vetting process was completely thorough and I'm grateful for the results."
Later, after visiting a firehouse outside Cleveland in Brecksville, Ohio, McCain added: "I just want to repeat again how excited I am to have Sarah Palin, the great governor of Alaska, as my running mate."
"America is excited and they're going to be even more excited once they see her tomorrow night," he said. "I'm very, very proud of the impression she's made on all of America and I look forward to serving with her."
Questions about the review of Palin came up after news surfaced that her unmarried teenage daughter, Bristol, is pregnant, and that the Alaska governor has retained a private attorney to represent her in an investigation into the firing of the state public safety commissioner.
The lawyer who conducted the background investigation said Palin voluntarily told McCain's campaign about Bristol's' pregnancy, and about her husband's 2-decade-old DUI arrest during questioning as part of the vice presidential search process.
The Alaska governor also greatly detailed the dismissal of the state's public safety commissioner that has touched off a legislative investigation, Arthur B. Culvahouse Jr. told The Associated Press in an interview Monday.
Palin underwent a "full and complete" background investigation before McCain chose her as his running mate, Culvahouse said. Asked whether everything that came up as a possible red flag during the review already has been made public, he said: "I think so. Yeah, I think so. Correct."
McCain's campaign has been trying to tamp down questions about whether the Arizona senator's team adequately researched his surprise vice presidential selection.
Since McCain publicly disclosed his running mate on Friday, the notion of a shoddy, rushed review has been stoked repeatedly.
First, a campaign-issued timeline said McCain initially met Palin in February, then held one phone conversation with her last week before inviting her to Arizona, where he met with her a second time and offered her the job Thursday.
Then came the campaign's disclosure that 17-year-old Bristol Palin is pregnant. The father is Levi Johnston, who has been a hockey player at Bristol's high school, The New York Post and The New York Daily News reported in their Tuesday editions.
In addition, the campaign also disclosed that Palin's husband, Todd, then age 22, was arrested in 1986 in Alaska for driving under the influence of alcohol.
Shortly after Palin was named to the ticket, McCain's campaign dispatched a team of a dozen communications operatives and lawyers to Alaska. That fueled speculation that a comprehensive background investigation of Palin's record and past was incomplete and being done only after she was placed on the ticket.
Steve Schmidt, a senior adviser, said no matter who the nominee was, the campaign was ready to send a "jump team" to the No. 2's home state to work with the nominee's staff, work with the local media and help handle requests from the national media for information, and answer questions about documents that were part of the review.
At several points throughout the process, McCain's team warned Palin that the scrutiny into her private life would be intense and that there was nothing she could do to prepare for it.
Culvahouse disclosed details of his examination in a half-hour interview with the AP.
First, a team of some 25 people working under Culvahouse culled information from public sources for Palin and other prospective candidates without their knowledge. For all, news reports, speeches, financial and tax return disclosures, litigation, investigations, ethical charges, marriages and divorces were reviewed.
For Palin specifically, the team studied online archives of the state's largest newspapers, including the Anchorage Daily News, but didn't request paper archives for Palin's hometown newspaper. "I made the decision that we could not get it done and maintain secrecy," Culvahouse said.

Posted by Pebi Services President Tyra Hearns

Tennessee Highway Patrol Trooper in unathorized background investigation scandal

By Brad Schrades
The Tennessean
Long before he was accused of running unauthorized background investigations on private citizens, a joke made its way around the Tennessee Highway Patrol about Ronnie Shirley.He could parachute over the old Soviet Union, the joke went, and if you telephoned the Kremlin an hour later, Shirley would have schmoozed his way so far within the corridors of the communist state, you'd hear his West Tennessee drawl on the other end of the line.

The joke illuminates a truth about Shirley, a 6-foot-4 trooper full of charm and backslapping political skill, but it also reflects a long-held belief about what it takes to get ahead in the THP: Politics and cozying up to the powerful too often determine the course of a trooper's career."He makes friends," said former THP Lt. Col. Steve Browder, who is from McNairy County, where Shirley grew up, and helped Shirley get hired as a trooper in the late 1980s."He's kind of a self-serving guy. Whoever is in charge, he will find a place at the table."Browder said he's concerned the latest allegations surrounding Shirley — that he ran unauthorized background checks through a criminal justice database on up to 182 Tennesseans — give a black eye to the state's other troopers.

For years, many have said Shirley, 42, could one day be commander of the patrol because of his skill in courting those in high places in state government.He has enough political clout to land plum assignments in the patrol: serving on Republican Gov. Don Sundquist's security detail, and later serving as bodyguard for House Speaker Jimmy Naifeh at the 2004 Democratic National Convention in Boston.It was shortly after the Boston trip that news surfaced that Shirley had fixed a speeding ticket for then-Deputy Gov. Dave Cooley — at the time, the most powerful person in Democratic Gov. Phil Bredesen's administration. It later came out that the patrol's leadership had concocted a fake punishment for Shirley to throw off the press and public.Could be a politician.

Whenever Shirley came into General Sessions Court Judge Paul Simpson's courtroom, he was polite and as straight as an arrow, the former judge recalled."It really surprises me he's in a controversy," said Simpson, contacted by phone in Denver, where he was a delegate to the Democratic National Convention. "I think I know him, I don't think he'd ever do anything criminal. I think he's a law-abiding officer; he's been ever since I've known him."A longtime Democrat and Selmer's current vice mayor, Simpson was one of the people Shirley listed as a reference on his job application with the Highway Patrol. Simpson said Shirley is still a friend, and he would have recommended him without any hesitation."He wants to help everybody," said Bryan Farmer, a former trooper from East Tennessee. "In my 25 years in the Highway Patrol, sometimes you have to say, 'No, I can't help someone.' I don't know that Ronnie has the ability to do that." Farmer said he's surprised by the scandals Shirley has been connected with. If Shirley hadn't been in a THP uniform, Farmer said, with his personality, he'd easily be running for political office — with success.His willingness to help may include a deputy governor with a speeding ticket or a trooper who needs help moving furniture on the weekend, Farmer said. "There's consistently temptations to do things around the general orders" — the THP's internal rulebook —"or around the law because you are in a higher rank," Farmer said. "You just have to be able to say no. You never know a man until you work with him," Farmer said. "That's just something I've always lived by and come to realize. If you work with someone on a day-to-day basis you get to know the ins and outs and how he operates."

The THP leadership has given Shirley good marks on his performance evaluations, including one that was completed more than a month after the unauthorized background checks were reported to the THP.On July 30 — almost a month into the criminal investigation into allegations against Shirley — his direct supervisor, Maj. J.R. Perry, signed Shirley's annual performance review, giving him "exceptional" ratings across the board, the highest possible marks.State Safety Commissioner Dave Mitchell and THP Col. Mike Walker signed the review the same day, approving the evaluation.Walker on Friday said he didn't conduct the evaluation, which is based on the entire year's performance."We don't base it on what's happening right at that time," he said. "You look at the year as a whole. I didn't sign his evaluation. I was the reviewer on it. I was not the evaluator. I simply read it and sign off on it."Shirley's full-time posting is another plum assignment — serving as the Safety Department's liaison to the Tennessee Emergency Management Agency, a position he's held for about two years.Shirley, is on administrative leave pending the outcome of the criminal investigation

Posted by Pebi Services President Tyra Hearns