Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-82 - CNE › Section 3364-82-07 - Criminal records checks

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy
			 statement
A criminal record check will be
				conducted on applicants that wish to enter the college nursing at the
				university of Toledo in the upper division B.S.N. and all of the graduate
				nursing programs.
(B)
								Purpose of policy
To assure that students in the college
				of nursing at the university do not have a criminal history that may preclude
				the student from participating in various aspects of a
				program.
(C)
								Scope
This policy applies to all applicants
				to the college nursing wish to enter the college nursing at the university of
				Toledo in the upper division B.S.N. and all of the graduate nursing
				programs.
(D)
								Procedure
(1)
									The college of nursing will conditionally accept
			 students into the college of nursing in the upper division B.S.N. and all of
			 the graduate nursing programs subject to completion of the criminal record
			 check.
(2)
									Authorization process and the criminal record
			 check
(a)
										All
			 incoming applicants wishing to be students of the college of nursing in the
			 upper division B.S.N. and all of the graduate nursing programs will be
			 fingerprinted through the health science campus police department at the
			 university. Applicants undergoing a criminal record check must complete the
			 appropriate authorization to release information (appendix A to this rule).
			 Fingerprint checks will be conducted under Senate Bill 38 (care of children)
			 and Senate Bill 160 (care of the elderly) where necessary.
(b)
										The bureau of
			 criminal identification and investigation will conduct an Ohio and federal
			 record check. If residence of the applicant is a state outside of the state of
			 Ohio, the background check will be conducted for that state. The cost of the
			 criminal record check will be paid by the applicant. The criminal history or
			 records check will only report convictions, conviction-equivalent
			 adjudications1, and all arrests without final
			 adjudication2 (both felonies and
			 misdemeanors).
(c)
										Acceptance into the university's college of nursing in
			 the upper division B.S.N. and all of the graduate nursing programs are
			 conditional upon completion and approval of the information received regarding
			 the criminal record check.
(3)
									Handling adverse
			 reports
(a)
										In
			 the result of an adverse report, the report will first be submitted to the
			 applicant along with a copy of the fair credit reporting act notification
			 attached as appendix B to this rule. Upon receiving this report, the applicant
			 will have ten calendar days from the date the report is sent to review their
			 report. The accepted applicant will be provided with an opportunity to contest
			 the contents of the report within the specified ten-calendar day
			 period.
(b)
										After the ten day period has lapsed, the report will be
			 submitted to the dean of the college. The dean, or the dean's designee, will
			 review the report and if necessary, ask the applicant to provide a detailed,
			 written description and explanation of the information contained in the
			 criminal records report along with appropriate documentation, such as police
			 reports, certificated court records and any institutional correspondence and
			 orders. This information must be returned to the office of the dean of the
			 college of nursing within ten working days of the date the communication is
			 sent to the applicant. Any extension of this ten day period must be set forth
			 in writing signed by an authorized college representative. The college may also
			 independently seek to obtain additional information, such as a copy of the
			 original criminal charge, in order to corroborate the individual's
			 explanation.
(c)
										The criminal record report and the applicant's
			 explanation (if requested) will be reviewed. No provided information may result
			 in revocation of acceptance to the program. A final decision for continuation
			 in the educational program will be made only after careful review of factors
			 including, but not limited to:
(i)
											The nature and seriousness of the
			 offense;
(ii)
											The circumstances under which the offense
			 occurred;
(iii)
											The relationship between the duties to be performed as
			 part of the educational program and the offense committed;
(iv)
											The age of the
			 person when the offense was committed;
(v)
											Whether the
			 offense was an isolated or repeated incident;
(vi)
											The length of
			 time that has passed since the offense;
(vii)
											Past employment
			 and history of academic or disciplinary misconduct;
(viii)
											Evidence of
			 successful rehabilitation;
(ix)
											Safety of
			 patient care;
(x)
											Safety of fellow students or applicants or
			 staff;
(xi)
											The applicant's violation of university policies and
			 procedures;
(xii)
											State and federal regulations regarding consideration
			 of an individual with a past misdemeanor, felony or similar offense;
			 and
(xiii)
											The accuracy of any information provided by the
			 applicant.
(d)
										Upon consideration of the information provided a
			 decision will be rendered by the dean of the college, or the dean's designee,
			 permit the applicant to join the college of nursing upper division B.S.N. or
			 any of the graduate nursing programs or whether the conditional acceptance will
			 be revoked. The applicant will be notified in writing within ten days of the
			 final decision. A second adverse action notice letter will be sent out if the
			 final decision is to withdraw the conditional offer of acceptance along with a
			 second copy of the summary of your rights under the Fair Credit Reporting Act.
			 Applicants who are denied final admission to the college of nursing will have
			 no rights to due process for dismissal from either the university or college of
			 nursing. If the applicant is admitted into the college of nursing and the
			 college learns that the applicant was not truthful or honest with regard to the
			 information provided as a conditionally accepted applicant, the college of
			 nursing may immediately revoke the status of the individual as a student in the
			 upper division B.S.N. or graduate nursing programs.
(e)
										Once a person
			 matriculates into the college of nursing that person as a student of the
			 university has a continuing obligation to immediately notify the university,
			 through the associate dean of academic affairs in the college, with regard to
			 any information that has changed as was contained in the initial report
			 provided to the university, including the reporting of any arrests,
			 misdemeanor, felony charges or convictions. The college of nursing reserves the
			 right to conduct any additional record checks while the student is enrolled in
			 any nursing program of the college.
(f)
										The college of
			 nursing will respect the laws of the state of Ohio or other state laws with
			 regard to the person having a sealed juvenile record and having no obligation
			 to reveal the records within the juvenile court system.
1
Conviction and conviction-equivalent adjudications may
				include, but are not limited to, the following criminal records dispositions:
				Alford plea, bail/bond forfeiture, default judgment, fine/costs paid, guilty,
				no contest, plea in absentia, plea in abeyance, pled guilty, prayer for
				judgment, suspended execution of sentence, appealed, consolidated for judgment,
				covered by pled to charge, reduced, accelerated rehabilitative disposition,
				adjudication withheld, Article 894, conditional diversion, conditional
				dismissal, conditional discharge, conditional release, deferred sentence, first
				offender program, supervision, suspended imposition of sentence, work release
				program, and Sunshine Law.
3
Arrests without Final Adjudication may
				include, but are not limited to, the following criminal records dispositions:
				adjourned, case is pending, continued, extradited, remanded, transferred, and
				dispositions that are not available.