Q: Can public school employee coach with arrest record in Kentucky?
I was arrested twice, once for drug trafficking and once for drug possession and unlawful transaction with a minor. The charges were dismissed in both cases, and I have no ongoing legal proceedings aside from a bench warrant for failing to appear in a traffic case. Six weeks after being hired, my most current arrest charges were dismissed. The school district policy is unclear, stating that an arrest record "could" impact the ability to be hired or volunteer. Can I, as a public school employee coach, continue with my position under these circumstances?
A: That decision is solely up to the School Board since Kentucky is an at will employment state. Since the charges were dismissed, it really shouldn't affect your employment. However, you may want to consider having the record expunged altogether so that this problem doesn't arise in the future.
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A:
In Kentucky, school districts have the discretion to determine their policies regarding hiring employees with a criminal history, even if charges were dismissed. Since the district's policy states that an arrest record "could" impact employment or volunteering, it suggests that they might consider such records case by case. Since your charges were dismissed, this could work in your favor, but the district may still examine the nature of the offenses, even though no convictions were made.
As a public school employee, especially in a coaching position, there may be additional considerations regarding the role you hold and the responsibilities it involves. Schools have an obligation to ensure the safety and well-being of students, so they may conduct background checks and assess any prior legal issues, even if charges were dismissed. Your failure to appear in a traffic case could also be a point of concern for the district.
It would be wise to have an open conversation with your employer or the district’s HR department to clarify your situation. If the policy is unclear, they might offer guidance on how your specific circumstances are viewed. Additionally, if necessary, consulting with an attorney could help you understand your rights and explore options for addressing any potential concerns related to your arrest record.
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