After Counselor's Sex Crime Conviction, Sex Offender Registry Checks Run On Employees

FAIRFAX COUNTY, VA — All school district employees are being checking against a national sex offender database, and increased background check requirements are being introduced at Fairfax County Public Schools.

The actions follow the arrest of a school counselor in Lincolnia, who remained employed after being charged with a sex crime.

FCPS announced the increased background check measure on Tuesday. This month, all school district employees are being reviewed through the National Sex Offender Registry. The registry lists all people convicted of sex crimes in the United States.

The new requirement applies to all FCPS employees, including temporary employees, hourly staff and substitutes. The school district says the measure will expand over the next year.

If the background checks turn up a concern with an employee, the district's Office of Equity and Employee Relations will notify the staff member. Employees will also receive notification when their initial review is completed.

Employees are required to disclose arrests for certain offenses even after they've been hired under a new FCPS regulation. District workers must notify the Office of Equity and Employee Relations about any arrests or charges relating to sex crimes, crimes against minors, drug-related offenses, DUI or reckless driving.

In addition to the increased background checks, employees will have their fingerprints resubmitted to the Virginia State Police and FBI for review starting this summer. Digital fingerprint scans for employees hired between Aug. 1, 2006 and June 30, 2022, will be automatically sent.

Actions for FCPS to take within human resources resulted from an investigation into how a school counselor remained employed after a sex crime arrest. Darren Thornton, a former Glasgow Middle School counselor, had been arrested by Chesterfield County Police and charged with solicitation of prostitution from a minor on Nov. 19, 2020. Thornton had been employed by Fairfax County Public Schools since August 2020. Superintendent Michelle Reid said Thornton was fired after FCPS learned of his conviction.

The independent investigation by attorneys determined police failed to properly notify Fairfax County Public Schools about a school counselor's arrest, and the Chesterfield County Circuit Court Clerk’s Office did not notify FCPS about the conviction on Sept. 7, 2021.

Under Virginia law, law enforcement must file a report with the school division superintendent after a school division employee's arrest for a felony or Class 1 misdemeanor.

As WJLA previously reported, Chesterfield Police tried to notify FCPS about Thornton's arrest and charge, but police told media the emails to school staff bounced back. Police did not know the emails weren't received until the counselor's arrest drew public scrutiny.

The report also recommended human resources improvements at FCPS, including working with legislators and law enforcement to ensure information sharing about employee arrests and convictions, improving the reference check process on prospective employees, improving licensure verification for employees, improving documentation and monitoring of employee absences and leaves, and promptly terminating the employment and seeking license revocation petitions for employees convicted of barrier crimes.