2.15 Student Background Check Policy

Policy

It is the policy of the college to adhere to Minnesota Statutes (MSs245A.04;245A.09) requiring background checks of persons involved in direct contact with patients and residents at a health care facility. State disqualification standards will be followed.

Procedure

All applicants to the Alexandria Technical & Community College health care programs will be informed of the required background study by the respective program instructor and admission representative during the application/interview process. A copy of the disqualification standards will be sent/given to applicants on request. Accepted students will again be notified during pre-admission mailings and on orientation day to their respective program. All new Practical Nursing faculty will be required to have a background study completed by the facility prior to working at a clinical site for their program. Each program will assume the responsibility of ensuring the compliance of the law.

The faculty member responsible for clinical placement will initiate compliance of this law by having each student fill out a form authorizing a background study be conducted. Upon completion of filling out the required forms, the instructor will forward the completed forms to the Department of Human Services.

The faculty member responsible for clinical placement will provide an Authorization for the Release of Student Background Study Information for them to read and sign.

In the event a student has been disqualified as a result of the background study, the student has the right to request reconsideration of the disqualification. It is the responsibility of the faculty of the respective program to inform the student of the procedures for requesting reconsideration. It is not the responsibility of the Alexandria Technical & Community College to arbitrate any decisions regarding the findings of a background study but rather to advise the students as to the proper method of contacting the Commissioner of Human Services. Students should be informed by the appropriate faculty member that they, the student, have 30 days in which to appeal the decision of the Commissioner of Human Services. The student requesting the appeal may remain in direct contact with clients of the facility pending the decision of the request for reconsideration only if the student and the facility are willing and able to meet any conditions which may be imposed by the Commissioner.

If a student has admitted to any of the listed crimes or a preponderance of the evidence indicates that the student has committed any of the crimes, he/she is automatically disqualified.

This means that a person need not have been convicted of a crime in order to be disqualified for engaging in the activity for which is the basis for the criminal law. If a student has been identified as the perpetrator of maltreatment of a minor or has abused vulnerable adults and it has been determined by a preponderance of evidence that the acts occurred, the student is automatically disqualified.

Disqualification Standards

Subpart 1. Disqualifications. Items A to D disqualify an individual from programs serving children or adults.

The subject has been convicted of a crime or anticipatory crime against persons; or a crime or anticipatory crime reasonably related to the provision of services. The following offenses have been deemed to be crimes against persons or reasonably related to the provision of services or both:

  1. Minnesota Statutes, section 609.17 (Attempts);
  2. Minnesota Statutes, section 609.175 (Conspiracy);
  3. Minnesota Statutes, section 609.185 (Murder in the first degree);
  4. Minnesota Statutes, section 609.19 (Murder in the second degree);
  5. Minnesota Statutes, section 609.195 (Murder in the third degree);
  6. Minnesota Statutes, section 609.20 (Manslaughter in the first degree);
  7. Minnesota Statutes, section 609.205 (Manslaughter in the second degree);
  8. Minnesota Statutes, section 609.21 (Criminal vehicular homicide and injury):
  9. Minnesota Statutes, section 609.215 (Suicide);
  10. Minnesota Statutes, section 609.221 (Assault in the first degree);
  11. Minnesota Statutes, section 609.222 (Assault in the second degree);
  12. Minnesota Statutes, section 609.223 (Assault in the third degree);
  13. Minnesota Statutes, section 609.2231 (Assault in the fourth degree);
  14. Minnesota Statutes, section 609.224 (Assault in the fifth degree);
  15. Minnesota Statutes, section 609.228 (Great bodily harm caused by distribution of drugs);
  16. Minnesota Statutes, section 609.23 (Mistreatment of persons confined);
  17. Minnesota Statutes, section 609.231 (Mistreatment of residents or patients);
  18. Minnesota Statutes, section 609.235 (Use of drugs to injure or facilitate crime);
  19. Minnesota Statutes, section 609.24 (Simple robbery);
  20. Minnesota Statutes, section 609.245 (Aggravated robbery);
  21. Minnesota Statutes, section 609.255 (False imprisonment);
  22. Minnesota Statutes, section 609.265 (Abduction);
  23. Minnesota Statutes, section 609.2661 (Murder of an unborn child in the first degree);
  24. Minnesota Statutes, section 609.2662 (Murder of an unborn child in the second degree);
  25. Minnesota Statutes, section 609.2663 (Murder of an unborn child in the third degree);
  26. Minnesota Statutes, section 609.2664 (Manslaughter of an unborn child in the first degree);
  27. Minnesota Statutes, section 609.2665 (Manslaughter on an unborn child in the second degree);
  28. Minnesota Statutes, section 609.267 (Assault of an unborn child in the first degree);
  29. Minnesota Statutes, section 609.2671 (Assault of an unborn child in the second degree);
  30. Minnesota Statutes, section 609.2672 (Assault of an unborn child in the third degree);
  31. Minnesota Statutes, section 609.268 (Injury or death of an unborn child in the commission of a crime);
  32. Minnesota Statutes, section 609.322 (Solicitation, inducement, and promotion of prostitution);
  33. Minnesota Statutes, section 609.323 (Receiving profit derived from prostitution);
  34. Minnesota Statutes, section 609.3232 (Protective order authorized; procedures, penalties);
  35. Minnesota Statutes, section 609.324, subdivisions 1 and 1a (Other prohibited acts);
  36. Minnesota Statutes, section 609.33 (Disorderly house);
  37. Minnesota Statutes, section 609.342 (Criminal sexual conduct in the second degree);
  38. Minnesota Statutes, section 609.343 (Criminal sexual conduct in the second degree);
  39. Minnesota Statutes, section 609.344 (Criminal sexual conduct in the third degree);
  40. Minnesota Statutes, section 609.345 (Criminal sexual conduct in the fourth degree);
  41. Minnesota Statutes, section 609.3451 (Criminal sexual conduct in the fifth degree);
  42. Minnesota Statutes, section 609.352 (Solicitation of children to engage in sexual conduct);
  43. Minnesota Statutes, section 609.365 (Incest);
  44. Minnesota Statutes, section 609.377 (Malicious punishment of a child);
  45. Minnesota Statutes, section 609.378 (Neglect or endangerment of a child);
  46. Minnesota Statutes, section 609.561 (Arson in the first degree);
  47. Minnesota Statutes, section 609.562 (Arson in the second degree);
  48. Minnesota Statutes, section 609.563 (Arson in the third degree);
  49. Minnesota Statutes, section 609.713 (Terroristic threats);
  50. Minnesota Statutes, section 609.746 (Interference with privacy);
  51. Minnesota Statutes, section 609.79 (Obscene or harassing phone calls);
  52. Minnesota Statutes, section 609.795 (Letter, telegram, or package opening, harassment);
  53. Minnesota Statutes, section 617.23 (Indecent exposure);
  54. Minnesota Statutes, section 617.241 (Obscene materials and performances);
  55. Minnesota Statutes, section 617.243 (Indecent literature, distribution);
  56. Minnesota Statutes, section 617.246 (Use of mirrors in sexual performance);
  57. Minnesota Statutes, section 617.247 (Possession of pictorial representations of minors);
  58. Minnesota Statutes, section 617.293 (Harmful materials; dissemination and display to minors); and
  59. Felony convictions under Minnesota Statutes, chapter 152 (Prohibited drugs).

The subject had admitted to or a preponderance of the evidence indicates the individual has committed an act that meets the definition of a crime listed in item A.

  1. The subject is identified as the perpetrator in a determination that maltreatment of minors has occurred and a preponderance of evidence indicates:
    1. an act that meets the definition of maltreatment in Minnesota Statutes, section 626.556, subdivision 10e, paragraph (a), occurred;
    2. the subject committed the maltreatment; and
    3. the maltreatment was serious or recurring.
  2. The subject is identified as the perpetrator in a substantiated report of abuse or neglect of vulnerable adults and a preponderance of evidence indicates:
    1. an act meets the definition of abuse or neglect in Minnesota Statutes, section 626.557, subdivision 2, occurred;
    2. the subject committed the abuse or neglect;
    3. the abuse or neglect was serious or recurring; and
    4. the subject is not the victim of the abuse or neglect.

For purposes of this item "serious maltreatment, abuse, and neglect" is defined as a serious injury set forth in part 9543.3020, subpart 10, whether intended or suffered as the result of neglect; sexual abuse; neglect or abuse which results in illness or harm which reasonably requires the attention of a physician; or death.

Subpart 2. Terminated parental rights. A subject who has had parental rights terminated under Minnesota Statutes, section 260.221, paragraph (b), is disqualified from programs serving children.

Subpart 3. Residential programs. A subject in a residential program must not have a conviction for, must not have admitted to, or a preponderance of the evidence must not indicate that the individual has committed an act of theft or related crimes. The following offenses have been deemed to be acts of theft or related crimes:

  • Minnesota Statutes, section 609.52 (Theft)
  • Minnesota Statutes, section 609.521 (Possession of shoplifting gear);
  • Minnesota Statutes, section 609.582 (Burglary);
  • Minnesota Statutes, section 609.625 (Aggravated forgery);
  • Minnesota Statutes, section 609.63 (Forgery);
  • Minnesota Statutes, section 609.631 (Check forgery; offering a forged check); and
  • Minnesota Statutes, section 609.635 (Obtaining signature by false pretense).

Statutory Authority: MSs245A.04;245A.09

History: 15SR2043

Approved by: ATCC Leadership Council
Effective Date: 2/12/07
Last Date Revised: 1/24/07