Background and Criminal Records
Policy GBCD
Policy GBCD
Background Investigation
Background Investigation
The Superintendent, or his/her designee, shall conduct a thorough investigation into the past employment history, criminal history records, and other appropriate background of any applicant as defined in this policy. This investigation shall be completed prior to making a final offer of employment, approving a contract with an individual, or approving the assignment of an employee of a contractor, a student teacher, or designated volunteer to work within the District.
The Superintendent, or his/her designee, shall conduct a thorough investigation into the past employment history, criminal history records, and other appropriate background of any applicant as defined in this policy. This investigation shall be completed prior to making a final offer of employment, approving a contract with an individual, or approving the assignment of an employee of a contractor, a student teacher, or designated volunteer to work within the District.
The Superintendent shall develop a background investigation protocol for completing a background investigation. For the purposes of this policy the term “applicant” shall include:
The Superintendent shall develop a background investigation protocol for completing a background investigation. For the purposes of this policy the term “applicant” shall include:
- an individual seeking employment by the District
- an individual seeking employment by the District
- an individual with whom the District may contract to provide services directly to students
- an individual with whom the District may contract to provide services directly to students
- any person identified by a contractor with the District whom the contractor proposes to assign to provide services directly to students.
- any person identified by a contractor with the District whom the contractor proposes to assign to provide services directly to students.
- student teachers who are proposed to be placed in a District school, and designated volunteers as defined in District Policy IJOC.
- student teachers who are proposed to be placed in a District school, and designated volunteers as defined in District Policy IJOC.
All applicants shall be subject to a criminal records history check meeting the standards and requirements as set forth in RSA 189:13-a.
All applicants shall be subject to a criminal records history check meeting the standards and requirements as set forth in RSA 189:13-a.
Criminal History Records Check
Criminal History Records Check
All applicants shall be subject to a background check, including a criminal history records check with the State of New Hampshire. Refusal to provide the required criminal history records release form, fingerprints, and any other required materials needed to authorize and execute a background check shall result in immediate disqualification and no further consideration for the position.
All applicants shall be subject to a background check, including a criminal history records check with the State of New Hampshire. Refusal to provide the required criminal history records release form, fingerprints, and any other required materials needed to authorize and execute a background check shall result in immediate disqualification and no further consideration for the position.
All applicants shall submit a notarized criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of any misdemeanors and/or felony convictions and any charges pending disposition for any crimes listed in RSA 189:13-a, V to the Superintendent. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the District.
All applicants shall submit a notarized criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of any misdemeanors and/or felony convictions and any charges pending disposition for any crimes listed in RSA 189:13-a, V to the Superintendent. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the District.
All applicants shall be asked whether he/she has ever been convicted of any crime and whether there are any criminal charges pending against him/her at the time of application. The applicant shall be directed to report any criminal charges brought against him or her after the application is submitted and until either hired or notified that he or she will not be hired.
All applicants shall be asked whether he/she has ever been convicted of any crime and whether there are any criminal charges pending against him/her at the time of application. The applicant shall be directed to report any criminal charges brought against him or her after the application is submitted and until either hired or notified that he or she will not be hired.
The falsification or omission of any information on a job application, during the pendency of the application, or in a job interview, including, but not limited to, information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or immediate discharge from employment.
The falsification or omission of any information on a job application, during the pendency of the application, or in a job interview, including, but not limited to, information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or immediate discharge from employment.
A selected applicant for employment, student teacher or designated volunteer shall pay all fees and costs associated with the fingerprinting process and the submission or processing for the criminal history records check, unless waved by the School Board.
A selected applicant for employment, student teacher or designated volunteer shall pay all fees and costs associated with the fingerprinting process and the submission or processing for the criminal history records check, unless waved by the School Board.
The costs for criminal history record checks and fingerprints for contractors, and any person identified by a contractor with the District whom the contractor proposes to assign to provide services directly to students, shall be borne by the contractor.
The costs for criminal history record checks and fingerprints for contractors, and any person identified by a contractor with the District whom the contractor proposes to assign to provide services directly to students, shall be borne by the contractor.
Confidentiality
Confidentiality
The superintendent shall maintain the confidentiality of all criminal history records information received. If the criminal history records information indicates no criminal record, the superintendent shall destroy the information received immediately following review of the information. If the criminal history records information indicates that the applicant has been convicted of any crime or has been charged pending disposition for or convicted of a crime listed in RSA 189:13-a, V, the superintendent shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such charges pending disposition or convictions. The
The superintendent shall maintain the confidentiality of all criminal history records information received. If the criminal history records information indicates no criminal record, the superintendent shall destroy the information received immediately following review of the information. If the criminal history records information indicates that the applicant has been convicted of any crime or has been charged pending disposition for or convicted of a crime listed in RSA 189:13-a, V, the superintendent shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such charges pending disposition or convictions. The
superintendent of the school administrative unit shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving such information.
superintendent of the school administrative unit shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving such information.
Conditional Offer of Employment
Conditional Offer of Employment
Persons who have been selected for employment may be given a conditional offer of employment, with the final offer subject to the successful completion of the background check described in this Policy.
Persons who have been selected for employment may be given a conditional offer of employment, with the final offer subject to the successful completion of the background check described in this Policy.
No applicant selected for employment shall be extended a conditional offer of employment until the Superintendent, or his/her designee, has initiated the formal criminal history records check process.
No applicant selected for employment shall be extended a conditional offer of employment until the Superintendent, or his/her designee, has initiated the formal criminal history records check process.
Any person who is offered conditional employment, by way of individual contract or other type of letter of employment, will have clearly stated in such contract or letter of employment that his/her employment or approval to work within the District as a contractor/ employee of a contractor is entirely conditioned upon the results of a criminal history records check and background check being satisfactory to the Superintendent. Any person receiving a conditional offer of employment may not be alone with any student(s) until a full offer of employment has been made.
Any person who is offered conditional employment, by way of individual contract or other type of letter of employment, will have clearly stated in such contract or letter of employment that his/her employment or approval to work within the District as a contractor/ employee of a contractor is entirely conditioned upon the results of a criminal history records check and background check being satisfactory to the Superintendent. Any person receiving a conditional offer of employment may not be alone with any student(s) until a full offer of employment has been made.
Final Offer of Employment
Final Offer of Employment
A person who has been extended a conditional offer of employment or conditional approval to work within the District as a contractor or employee of a contractor may be extended a final offer of employment or final approval upon the completion of a criminal history records check and a background check which is satisfactory to the Superintendent.
A person who has been extended a conditional offer of employment or conditional approval to work within the District as a contractor or employee of a contractor may be extended a final offer of employment or final approval upon the completion of a criminal history records check and a background check which is satisfactory to the Superintendent.
No person with a conditional offer of employment shall be extended a final offer of employment if such person has charges pending or has been convicted of any crime listed in RSA 189:13-a, V; or where such person has been convicted of the same conduct in another state, territory, or possession of the United States; or where such person has been convicted of the same conduct in a foreign country.
No person with a conditional offer of employment shall be extended a final offer of employment if such person has charges pending or has been convicted of any crime listed in RSA 189:13-a, V; or where such person has been convicted of the same conduct in another state, territory, or possession of the United States; or where such person has been convicted of the same conduct in a foreign country.
In addition to the felonies listed as disqualifying in pertinent and applicable law, a person may be denied a final offer of employment if he/she has charges pending or has been convicted of any crime, either a misdemeanor or felony, provided the basis for disqualifying the candidate is job related for the position
In addition to the felonies listed as disqualifying in pertinent and applicable law, a person may be denied a final offer of employment if he/she has charges pending or has been convicted of any crime, either a misdemeanor or felony, provided the basis for disqualifying the candidate is job related for the position
in question and is consistent with business necessity. Such determination will be made by the Superintendent in accordance with the established protocol and on a case-by-case basis. If the Superintendent chooses to nominate an applicant who has a history of conviction of a crime or with pending charges for a position that must be approved by the School Board, the School Board shall be informed of that history in non-public session.
in question and is consistent with business necessity. Such determination will be made by the Superintendent in accordance with the established protocol and on a case-by-case basis. If the Superintendent chooses to nominate an applicant who has a history of conviction of a crime or with pending charges for a position that must be approved by the School Board, the School Board shall be informed of that history in non-public session.
Additionally, a person may be denied a final offer of employment if the Superintendent becomes aware of other conduct which he/she determines would render the person unsuitable to perform the responsibilities of the position involved. Such determinations shall be made on a case-by-case basis.
Additionally, a person may be denied a final offer of employment if the Superintendent becomes aware of other conduct which he/she determines would render the person unsuitable to perform the responsibilities of the position involved. Such determinations shall be made on a case-by-case basis.
Reporting of Arrests, Charges and Indictments
Reporting of Arrests, Charges and Indictments
All staff members who are charged, arrested or indicted for any crime or offense must submit a report of the arrest or indictment to the Superintendent or designee within fourteen days. This reporting requirement pertains to both in- state and out-of-state offenses and crimes and shall include the date of the arrest or indictment and the charges lodged. The certificated staff member shall also report the disposition of any charge within seven days of its disposition.
All staff members who are charged, arrested or indicted for any crime or offense must submit a report of the arrest or indictment to the Superintendent or designee within fourteen days. This reporting requirement pertains to both in- state and out-of-state offenses and crimes and shall include the date of the arrest or indictment and the charges lodged. The certificated staff member shall also report the disposition of any charge within seven days of its disposition.
When the District receives notification of an employee, contractor, contractor’s employee, or volunteer being charged with or convicted of a disqualifying offense under RSA 189:13-a, the Superintendent’s protocol, or other crime which is evidence of the individual’s unsuitability to continue in their role, the Superintendent shall take immediate appropriate action to remove the individual from contact with students. Employees shall be placed on paid administrative leave. The Superintendent will then take appropriate employment or other action, consistent with law and any applicable employment agreement or contract, to address the individual’s ongoing relationship with the District.
When the District receives notification of an employee, contractor, contractor’s employee, or volunteer being charged with or convicted of a disqualifying offense under RSA 189:13-a, the Superintendent’s protocol, or other crime which is evidence of the individual’s unsuitability to continue in their role, the Superintendent shall take immediate appropriate action to remove the individual from contact with students. Employees shall be placed on paid administrative leave. The Superintendent will then take appropriate employment or other action, consistent with law and any applicable employment agreement or contract, to address the individual’s ongoing relationship with the District.
Legal References:
Legal References:
RSA 189:13-a, School Employee and Volunteer Background Investigations
First Reading: April 3, 2018
Second Reading: April 17, 2018
Third and final Reading: May 15, 2018