Common use of BCII and FBI Reports Clause in Contracts

BCII and FBI Reports. In the event it is necessary for the Board to employ an employee prior to having received the results of the criminal records investigation, that employee’s employment shall be contingent upon subsequent receipt by the Board of a report from the Bureau of Criminal Identification and Investigation (BCII) and Federal Bureau Investigation (FBI) that is not inconsistent with the employee’s answers to questions during the interview process. 1. In such event, if a report is subsequently received from BCII and/or FBI that is inconsistent with the employee’s answers to questions during the interview process, the employee shall be notified in writing by certified mail or personal service. If the employee does not deny the accuracy of the BCII and/or FBI report within five (5) days, the action of the Board employing such employee shall be void without any further act by any party, and without the necessity of proceedings under O.R.C. 3319.081 to formally terminate such employee’s contract of employment. 2. If an employee denies the accuracy of the BCII and/or FBI report, that employee shall immediately be placed on leave without pay but with benefits for a period of up to forty-five (45) days. If within that forty-five-day (45) period the Board receives a corrected report from BCII and/or FBI that is not inconsistent with the employee’s answers to questions during the interview process, the employee shall be returned to duty with back pay to resume his/her contract status in effect as of the beginning of such leave. 3. If within the forty-five (45) day period mentioned in section (B)(2) above the Board does not receive a corrected report from BCII and/or FBI that is not inconsistent with the employee’s answers to questions on the job application, the action of the Board employing such employee shall be void without any further act by any party, and without the necessity of proceedings under O.R.C. 3319.081. In the event of any legislative change, making it permissible to ask questions about criminal history on the application, “during the interview process” will revert automatically to “on the job application,” without further action of the parties.