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An elementary school Teaching Assistant was recently accused of assaulting a special needs student. The man was hired in 2014, despite his criminal record.

The Alleged Assault

Kristopher McCray was working as a Teaching Assistant at Ashley Elementary School in Fayetteville Colorado. In February, 2017, he was accused of placing his foot underneath a student's desk and violently flipping it over. The student in question was a 12-year-old with autism. According to court documents, the student's head hit the wall and floor during the incident.

A representative from the Sherriff's Department stated the incident was captured by the school's surveillance cameras. These videos have not been released to the public. McCray has since been charged of assaulting a handicapped person.

McCray's Criminal Record

Sources indicate that McCray's record of criminal offenses dates back to 2006. Most of the charges against McCray were dropped, and therefore not available to the public, but his record allegedly includes assault, embezzlement and felony breaking and entering.

Sean Swain, a spokesperson for the local Sherriff's Department, was surprised to see someone who was employed at a school had such a lengthy criminal record. "I don't know what the hiring process is at the school," said Swain "but it would surprise me that he'd be teacher's assistant at the school system."

The District Superintendent for Cumberland County Schools addressed this situation. He confirmed that McCray did go through a background screening in April, 2014. Following the background check, McCray was authorized for employment.

Aftermath

Following the incident, McCray was placed on a three-day suspension with pay. One day after being suspended, McCray resigned from his position. Since then, he has maintained a low profile and refused to give statements or interviews to local press.

After being charged, McCray's bail bond was set at $1,000. He is currently out on bail and has a court date scheduled for April, 2017.

Important Hiring Considerations

Many of the older charges that had been issued against McCray would not have been available in a background check. Since the charges were dropped and did not lead to a conviction, they are not deemed reportable. However, any convictions for serious criminal offenses would have been available in a background report as long as they occurred during an approved date range. Background reports typically provide data about criminal convictions from the last seven years.

When employers run a background check and discover an applicant has a criminal record, they must then decide how to proceed. In some cases, a conviction may not warrant denial of employment. Under extreme circumstances, however, a serious criminal record may cause the employer to decide they will not hire the applicant. Before denying employment based on the results of a background check, it is essential to comply with federal law and initiate a pre-adverse action process.

Regardless of the final outcome, it is important to run background checks on potential employees. These reports confirm an applicant's identity, verify their levels of education and employment and provide useful details about reportable criminal records. Rely on a background check to show you important information about your candidates that can help you make informed hiring decisions.