OAR 715-045-0003: Fingerprinting of Subject Individuals in Schools Accepting Enrollment of Minors

(1) Faculty, agents of a career school, individuals who hold positions of authority and control in any career school accepting enrollment of persons under the age of 18, and any agents of career schools who will have contact with persons under the age of 18 on behalf of the career school shall be subject to a state and national criminal records check. (2) A person shall pass a criminal background check as provided in this rule prior to having access to minors. (3) Prior to employment, and at least every three years, schools shall send fingerprint information for each subject individual to the Higher Education Coordinating Commission or designee for purposes of a criminal records check. (4) Notwithstanding (3) a school is not required to submit fingerprints for subject individuals if the Higher Education Coordinating Commission or designee has conducted a criminal records check of the subject individual within the preceding three years. (5) Fingerprints shall be collected at either local or state law enforcement agency or through a statewide vendor identified by the Oregon Department of Administrative Services. (6) Criminal records check requests may be submitted electronically. (7) The Commission shall request criminal information from the Department of State Police in the manner prescribed by law. A fee per criminal records check request in an amount equal to the actual charges of conducting the criminal background check as allowed under ORS 181.534. The fee amount and distribution shall be as follows: (a) Oregon State Police (OSP) — $33.00; (b) Federal Bureau of Investigation (FBI) — $13.25; (c) Higher Education Coordinating Commission — $93.75; (d) TOTAL — $140.00. (8) Upon receipt of criminal records information, the Higher Education Coordinating Commission or designee shall review the criminal records of a subject individual. The Commission or designee: (a) Shall issue a statement of criminal history status and related impact on employment or contract qualification; and (b) May not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Higher Education Coordinating Commission or any other agency designated as responsible for this task by the Higher Education Coordinating Commission. Challenges to the accuracy or completeness of information provided by the Federal Bureau of Investigation and agencies reporting information to the Federal Bureau of Investigation must be made through the Federal Bureau of Investigation, as provided in ORS 181A.195(8). (9) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted shall not be allowed to have contact with persons under 18 years of age on behalf of the career school. (10) Subject individuals who have been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, shall not be employed as faculty, directors, supervisors, administrators, or agents and shall not be allowed to have contact with persons under 18 years of age on behalf of the career school. (11) Subject individuals who have been convicted of any of the crimes listed in ORS 161.405 for an attempt to commit any of the crimes listed in ORS 324.143 shall not be employed as faculty, directors, supervisors, administrators, or agents of the career school and shall not be allowed to have contact with persons under 18 years of age on behalf of the career school. (12) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred. (13) Prior to making a determination that results in a notice and opportunity for hearing, the Higher Education Coordinating Commission or designee may conduct an investigation. Subject individuals and applicant schools shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Higher Education Coordinating Commission or designee determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual. (14) Subject individuals may appeal a criminal background determination that prevents them from being a faculty member of the career school and contact with persons under 18 as a contested case under ORS 183.413 to 183.470 to the Higher Education Coordinating Commission or designee. (15) The Higher Education Coordinating Commission or designee shall destroy properly submitted fingerprint cards after use. Records of the criminal records check shall include the following: (a) Fingerprint sequence number or vendor tracking number; (b) Career school submitting the request for fingerprints; (c) Date the criminal record check request form is received; (d) Date fingerprints are completed; and (e) Date denial or final approval sent to school.