GBCD – Background Investigation And Criminal Records Check

GBCD – Background Investigation and Criminal Records Check

To help assure the safety of District students, it is the policy of the Contoocook Valley School Board that before any person is employed by the School District, or are otherwise placed into positions whereby they have frequent close contact with – or supervision of – students, that the administration conduct proper investigation into such person’s background, including, without limitation, a criminal history records check under RSA 189:13-a – 189:13-c.

A. Definitions. As used in this policy:

  1. “Applicant” shall mean and include an applicant for employment or any person seeking to serve in any position falling within the term “Covered Person” as defined below, who is selected by the District for further consideration for such position.
  2. “Background investigation” means an investigation into the past employment and other background of an Applicant with the intent of determining whether:
    1. The applicant/covered person is qualified for the position for which he/she has applied, will/would be assigned, or will/would perform, and
    2. The applicant has been found guilty of any criminal activity or conduct that would make him/her ineligible or unsuitable for employment or service in the district.
  3. “Conditional offer of employment” means an offer of employment extended to a selected Applicant subject to a successful completed criminal history record check (defined below) which is satisfactory to the SAU or school district.
  4. “Contractor” means a private business or agency or an employee or employees of the contractor which contracts with a SAU, school district, or charter school to provide services including but not limited to:
    1. cafeteria workers,
    2. school bus drivers,
    3. custodial personnel,
    4. any other direct service or services to students of the district or charter school.
  5. “Covered Person” shall mean every employee, stipended position (e.g., coach, trainer, drama coach, etc.), candidate, designated volunteer (whether direct or through a volunteer organization), or any other service where the contractor or employees of the contractor provide services directly to students of the District,[[1] delete fn.] or any applicant/person seeking to serve in any of those positions. NOTE: Only those volunteers who meet the definition of “Designated Volunteer” below are considered “Covered “Employees”.  See Board policy {**}IJOC for additional provisions relating to all volunteers.  All Covered Persons are required to undergo training as provided in Board policy {**}GBCE.
  6. “Criminal History Records Check” or “CHRC” means a criminal history records inquiry under RSA 189:13-a – 13-c, conducted by the New Hampshire State Police through its records and through the Federal Bureau of Investigation.
  7. “Designated Volunteer”[[2] delete fn.] is any volunteer who:
    1. Comes in direct contact with students on a predictable basis (e.g., library volunteer, [overnight] field trip chaperone;
    2. Meets regularly with students (e.g., community mentor, volunteer assistant coach);
    3. Meets with students on a one-on-one basis [without the presence of a teacher or other such professional staff member]; OR
    4. Any other volunteer so designated by the School Board or Superintendent.

The administrative supervisor for the applicable activity or program (e.g., building principal, athletic director), shall have the responsibility of determining whether a volunteer position is a “Designated Volunteer”, subject to any additional rules or procedures established by the Superintendent.

  1. “Educator Candidate” means a student at an institution of higher education in New Hampshire who has been selected to participate in a K-12 educator preparation program. (RSA 189:13-c, I(b)).  This definition includes both Educator Candidates who are placed as student teachers in the district, and those who might be in the District for a different purpose (e.g., Methods, etc.).
  2. “Section V Offense(s)” are those criminal offenses listed in RSA 189:13-a, V, as that list may be amended by the Legislature from time to time. The current of offenses may be accessed at: http://www.gencourt.state.nh.us/rsa/html/XV/189/189-13-a.htm

“Non-Section V Offenses” are all other crimes offenses, whether felonies or misdemeanors.

  1. “Designee” shall mean, a person designated by the Superintendent to receive and inspect results of the Criminal History Records Check. Under RSA 189:13-a, II, the Designee for purposes of CHRC may only be an assistant superintendent, head of human resources, the personnel director, the business administrator or the finance director.

B. 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. The Superintendent or her/his designee shall maintain the confidentiality of all criminal history records information received by the District.

The requirement for a background check, including a criminal history records check shall include all potential employees, including substitute teachers, student teachers, selected applicants for employment, designated volunteers, volunteer organizations, or individual or entity which contracts with the District, For Covered Persons who are employed by a third-party contractor or assigned as a Designated Volunteer by a volunteer agency, the Superintendent or Designee may waive the Background Investigation and instead rely on suitable assurances from the contracting company or agency regarding a background investigation.  The requirement for a Criminal History Records Check under paragraph D, below, however, may not be waived. All decisions regarding employment and the pre-employment process shall conform to the District’s Anti-Discrimination and Equal Opportunity policy including but not limited to cafeteria workers, school bus drivers, custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district.

The Superintendent or her designee shall be responsible for completing the criminal history records check on the people identified in the paragraph above, except for school bus drivers and transportation monitors, as provided in RSA 189:13-b. The cost for criminal history records checks for employees or selected applicants of entities that contract with the District shall be borne by the contractor.

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.  However, the Superintendent shall destroy any criminal history record information within 60 days of receipt. The superintendent of the school administrative unit or chief executive officer of the chartered public school or public academy shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving said information.

As part of the application process, each applicant for a position shall be asked whether he/she has ever been convicted of any crime which has not been annulled, 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.

Except as otherwise set forth herein, the District shall either pay the costs associated with the criminal history records check or shall reimburse the individual for the costs associated with the same,

  1. False Information. 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, withdrawal of any offer of employment, or immediate discharge from employment.
  2. Criminal History Records Check
  3. General. As part of the District’s Background Investigation, each Applicant must submit to a Criminal History Records Check (“CHRC”) through the State of New Hampshire in full compliance with RSA 189:13-a. No Covered Person/Applicant shall be employed, extended a Conditional Offer of Employment, or begin service in the District, until the Superintendent, or his/her designee, has initiated a CHRC.

The Applicant shall provide the District with a criminal history records release form as provided by the New Hampshire State Police along with a full set of fingerprints taken by a qualified law enforcement agency according to RSA 189:13-a, II.

Refusal to provide the required criminal history records release form (with fingerprints) and any other required releases to authorize the CHRC will result in immediate disqualification of the Applicant/Covered Person and will not be considered for the position.

  1. Special Provisions for Educator Candidates, Bus Drivers & Bus Monitors .
  2. Educator Candidate. Educator Candidates who are placed in the District as a student teacher shall undergo a CHRC prior to beginning in the District.  For Educator Candidates in the District under a status other than student teacher (e.g, observation, Methods Course or Practicum student), the Superintendent or Designee will determine whether to require a CHRC using the same parameters included in the Designated Volunteer definition, above.
  3. Bus Drivers and Bus Monitors. Pursuant to RSA 189:13-a, VI and RSA 189:13-b, criminal history records checks for bus drivers and bus monitors shall be processed through the New Hampshire Department of Education (“NHED”).[[2]delete fn] Although NHED will conduct the CHRC, the Superintendent or designee shall require a Background Investigation in accordance with paragraph B.

 

  1. Results of Criminal History Records Check. The results of the CHRC shall be delivered to the Superintendent or designee who shall be responsible for maintaining their confidentiality.  The Superintendent or Designee shall destroy all results and reports of any CHRC within sixty (60) days of receiving said information.
  2. Pending Charges or Convictions for Section V Offenses. If the results of the CHRC disclose that the Applicant has either been convicted of or is charged pending disposition of a violation or attempted violation of a Section V offense, that person shall not receive an offer or final offer of employment. Additionally, the Superintendent (not the Superintendent’s Designee), shall notify NHED through its Investigator or the Chief of the Governance Unit or as otherwise directed by NHED.
  3. Non-Section V Offenses and/or Past Charges of Section V Offenses. If the results of a CHRC disclose that the Applicant has been charged (whether pending or previously concluded) with a Non-Section V Offense, or has been previously charged with a Section V Offense which the charge has been disposed of other than by a conviction, the Superintendent or Designee shall take such information into account prior to hiring or assigning such Applicant.  In making a determination regarding such an Applicant, the Superintendent or Designee shall consider all reliable information, and assess whether, in light of the totality of the circumstances, the Applicant’s suitability for the position sought with student safety being the priority consideration. (Circumstances the Superintendent should consider, include, but are not limited to, nature and date of the charge, information about reduced charges, age at time of charge, relationship of the nature of the charged offense to the duties of the position sought),

If the Superintendent chooses to nominate, appoint or assign an Applicant who has a history of conviction or pending charges of a Non-Section V Offense, or of past concluded charges of Section V Offenses that did not result in a conviction, then the final hiring decision or appointment of another Covered Person must be approved by the School Board.  The Superintendent may share to the Board in non-public session general information about the offense/conviction but is prohibited under RSA 189:13-a from sharing the CHRC report.

  1. Fees for Criminal History Records Check. Any applicant for whom the Board requires a CHRC check, or, in the instance of third party contractors/organizations, the Covered Person’s employer/organization, shall pay the actual fees and costs associated with the fingerprinting process and/or the submission or processing of the CHRC, unless otherwise determined by the Board.
  2. Conditional Employment
    Persons who have been selected for employment may be hired on a conditional basis, pending a successful completion of the State, FBI Criminal Records Check, and any other records checks as deemed necessary by the Superintendent.

No selected applicant for employment shall start work until the Superintendent, or his/her designee, has initiated the formal State and FBI Criminal 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 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 compliant with the law and satisfactory to the Superintendent and Board.

No person with a conditional offer of employment shall be extended a final offer of employment if such person has been charged pending disposition for or convicted of any violation or attempted violation of RSA 630:1; 630:1-a; 630:1-b; 630:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7, 639:2; 639:3; 645:1, II or III; 645:2; 649-A:3; 649-A:3-a; 649-A:3-b; 649-B:3; or 649-B:4; or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene; in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, or any  felony offense, referenced in RSA 189:13-a, V, as amended from time-to-time. In addition to the felonies enumerated in RSA 189:13-a, 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 Superintendent or a designee, on a case by case basis.

Any person who has been convicted of any misdemeanor may, at the discretion of the Superintendent or her/his designee, not be hired.

The Superintendent, or designee, will transmit the required, completed forms 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 (24) hours 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 District may require a Criminal Records Check of any employee or designated volunteer at any time.

 

Notice to the New Hampshire Department of Education

If an applicant’s criminal history records information indicates that the applicant has been charged pending disposition for or has been convicted of a crime listed in paragraph V of RSA 189:13-a,  the Superintendent shall notify the department of education.

Training

Upon the Department of Education offering such, the Superintendent or her designee shall attend training concerning the reading and interpretation of criminal history records.

The District shall provide every school employee whose position requires a criminal background check under this section with informational materials, training, or other education, either online or in person, concerning child sexual abuse prevention, sexual assault and harassment policy training, warning signs of child abuse, and reporting mandates. For the purposes of this paragraph, school employees include coaches and any other individual subject to a background check.  Such training shall be completed within 30 days of employment and renewed every 2 years for all employees.

Legal Reference:
RSA 189:13-a, School Employee and Volunteer Background Investigations
Appendix GBCD-R: Sample Background Check, Criminal History Records Check Protocol

Category: P

See also: See IJOC

First Read:  August 2, 2022
Second Read: August 16, 2022
Adopted: August 16, 2022