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School Custodian Dismissed for Prior Conviction

It's a good idea to perform background checks on anyone with access to minors.

Key point. Custodians often may have unsupervised access to minors, and so churches should not overlook them when screening youth and children's workers.

An Ohio court ruled that a school could dismiss a custodian on account of a prior conviction for public indecency, since he was a person having responsibility for the "care, custody, or control" of children. An individual applied for work as a part-time custodian at a public elementary school. He failed to reveal on his employment application that he had been convicted of public indecency some twenty years earlier. The school hired the custodian, subject to a criminal records check mandated by state law. The records check disclosed the prior conviction, and the school terminated the custodian on the basis of a state law specifying that no public school "shall employ a person responsible for the care, custody, or control of a child ...

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  • May 1, 1997

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