Skip to content
Content starts here

Policies » Section G: Personnel » GBCD: Background Investigation And Criminal Records Check

Policy Date: 12/19/2023

Download Policy Now

HSD: GBCD
See also IJOC
HOOKSETT SCHOOL DISTRICT
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK

The Superintendent, or his/her designee, will 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 the contract with
an individual contracting directly with the District, 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 use in completing a background
investigation and shall keep a written record of all background investigations which have been done. For the
purposes of this policy the term “applicant” shall include an applicant for employment by the District, 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, student teachers who are proposed to be placed in a District school, and designated volunteers. All
applicants will be subject to a criminal records history check meeting the minimum requirements of law,
however, the Superintendent’s protocol may specify additional background check steps for specific groups of
employees, such as verifying the educational achievements and employment history of an applicant for a
teaching position. The Superintendent’s protocol shall include a list of felonies and misdemeanors, in addition
to those specified in RSA 189:13-a, V, convictions of which shall be disqualifying. The protocol shall require
that an analysis be conducted of any pending charges or convictions for crimes not on the statutory list of
disqualifying offenses to determine whether the applicant should be disqualified. The protocol shall take into
consideration the time which has passed since the conviction, the facts and circumstances of the charge or
conviction, evidence of successful rehabilitation and an extended period of lawful behavior. For charges
pending disposition for offenses not on the statutory list of disqualifying offenses, which the applicant
discloses or which come to light during the background check, the Superintendent shall consider all reliable
information in assessing the applicant’s suitability. The Superintendent shall assess whether, in light of the
totality of the circumstances, the pending charges or convictions raise reasonable cause to doubt the
applicant’s suitability for the position.

As part of the application process, each applicant 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 will also be directed to report any criminal charges brought against him/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, may be grounds for disqualification from consideration for employment or immediate discharge from
employment.

Any applicant for employment for whom the Board requires a criminal history records check or their employer
in the case of an employee of a contractor shall pay all fees and costs associated with the fingerprinting
process and/or the submission or processing of the requests for the criminal history records check, unless
otherwise determined by the Board. Fees or costs associated with a background check of a volunteer should
be borne by the district.

Criminal History Records Check

Each applicant must submit to a background check and a criminal history records check with the State of New
Hampshire, including FBI national records. Refusal to provide the required criminal history records release
form and any other required releases to authorize a background check will result in immediate disqualification
and no further consideration for the position.

Volunteers

Designated Volunteers are subject to a background investigation/criminal records check and the provisions of
this policy. “Designated Volunteers” are defined and so designated pursuant to Policy IJOC. Volunteers not
categorized as “Designated Volunteers” per Policy IJOC will not be subject to a background investigation or
criminal records check.

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, the State and FBI criminal history
records check, and a determination that there are no disqualifying pending charges or convictions.

No applicant selected 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 history records check
process and 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 employment or
approval to work within the District as a contractor or employee of a contractor is entirely conditioned upon
the results of a criminal history records check and background check being satisfactory to the District.

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.

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
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 that a criminal history exists, or
that charges are pending. Pursuant to regulations of the United Stated Dept. of Justice, and RSA
189:13-a, the Superintendent may NOT share with the Board information directly gleaned from
the criminal history records check regarding specific criminal charges, arrests or convictions,
etc.

The Superintendent, or designee, will transmit each applicant’s Criminal Record Release Authorization Form
and, where inked cards are used, the applicant’s fingerprint cards to the State Police. The State Police will
then conduct the criminal history records check and will provide the Superintendent with the applicant’s
criminal history record or confirmation that the individual does not have a record of being charged with or
convicted of a crime. In accordance with RSA 189:13-a, III, only the Superintendent will review the criminal
history record received from the State Police and shall destroy that document as required by law.

When the District receives a 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.
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.

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 history records check of any employee, an individual with whom the District
has contracted to provide services directly to students, any person identified by a contractor with the District
who has been assigned to provide services directly to students, student teachers who are placed in a District
school, and designated volunteers at any time.

Adopted: April 18, 2000
Revised: September 16, 2008, May 3, 2011
Reviewed/Revised: January 3, 2017
Revised: November 21, 2017, October 18, 2022, December 19, 2023

Legal Reference:
RSA 189:13-a, School Employee and Volunteer Background Investigations,