Policy: GBCD
Pre-Employment Background Investigation and Criminal Records
Check
Background Investigation
The Superintendent, or his/her designee, shall conduct a thorough
investigation into the past employment history, and other
applicable background, of any person considered for employment
with the District. This investigation shall be completed prior
to making an offer of employment.
The Superintendent shall develop a background investigation
protocol for use in completing a background investigation
and shall keep a written record of all background investigations
which have been done.
As part of the application process, each applicant for a position
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 falsification
or omission of any information on a job 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.
Criminal Records Check
Each person considered for employment by the Board whose duties
require regular contact with pupils must submit to a State
and FBI Criminal Records Check.
Persons regularly in contact with students means a person
or persons who, in the performance of his/her duties, (1)
comes in direct contact with pupils on a daily basis for any
period of time, (2) meets regularly, e.g., once or twice a
week, with students, including, but not limited to, an art,
music, or physical education teacher, (3) a substitute teacher
who comes in direct contact with pupils on a limited basis,
or (4) any other persons whom the Superintendent believes,
by virtue of their duties and contact with students, should
appropriately undergo a Criminal Records Check. Substitutes
may be reimbursed for criminal records checks after they have
substituted in the District 5 times.
The Superintendent is responsible to establish all necessary
internal procedures relative to the initiation and completion
of the State and FBI Criminal Records Check.
Volunteers
Volunteers may be subject to a background investigation/criminal
records check, as designated in Policy IJOC, Paragraph B.
Any person for whom the Board requires a Criminal Records
Checks shall pay all fees and costs associated with the fingerprinting
process and/or the submission or processing of the requests
for the Criminal Records Checks, unless otherwise determined
by the Board.
Conditional Employment
Persons who have been selected for employment may be hired
on a conditional basis, pending a successful completion of
the State and FBI Criminal Records Check.
No selected applicant for employment shall be extended a conditional
offer of employment until the Superintendent, or his/her designee,
has initiated the formal state and FBI Criminal Records Check
process and has completed a background investigation.
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 contract and continuation of employment is entirely
conditioned upon the completion of a Criminal Records Check
which is satisfactory to the District.
All persons employed under a conditional offer of employment
may be covered under the District's health insurance program,
at the sole discretion of the Board, and in accordance with
Board policies and/or collective bargaining agreements, if
applicable. However, any such coverage will immediately cease
and will not be subject to extension under COBRA, if the Board
does not tender the person a final offer of employment by
reason of application of this Policy.
Final Offer of Employment
A person who has been extended a conditional offer of employment
may be extended a final offer of employment upon the completion
of a Criminal Records Check which is satisfactory to the Board.
No person with a conditional offer of employment shall be
extended a final offer of employment if such person has been
convicted of the following offenses, as referenced in RSA
189:13-a, V.: (1) murder, (2) child pornography, (3) aggravated
felonious sexual assault, (4) felonious sexual assault, (5)
kidnapping, (6) manufacturing, selling, administering, dispensing
or distributing any controlled substance(s) on School property,
or (7) sexual misconduct within an education setting in this
State; 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 above, a person may be
denied a final offer of employment if he/she has been convicted
of ANY felony. Such determination will be made by the Board,
on a case by case basis.
The Superintendent, or designee, will transmit this policy
to the State Police, who will then screen the criminal records
check for any selected applicant for employment, or designated
volunteer, and will notify the district whether the record
of said selected applicant or volunteer contains any felony
convictions.
When the District receives a notification of a felony conviction
from the state police on a particular person which it finds
unsatisfactory, the Superintendent shall dismiss said person
within twenty-four hours (24) of the receipt of such report,
excluding Saturdays, Sundays, or legally recognized holidays.
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.
Additional Criminal Records Checks
The Board may require a Criminal Records Check of any employee
at any time.
Legal Reference:
RSA 189:13-a, School Employee and Volunteer Background Investigations
Appendix GBCD-R: Technical Advisory, School Employee Background
Investigation, Including A Criminal History Records Check,
N.H. Department of Education, November 27, 2000
ADOPTED: November 17, 2005
