Criminal Background Check Policy
CRIMINAL BACKGROUND CHECK POLICY
All primary coaches will be asked to undergo a criminal background check that complies with the Fair Credit Reporting Act before providing services for CLCR. Through this criminal background check, CLCR will utilize reasonable efforts to ascertain past criminal history of an applicant.
The Criminal Background Check Consent and Waiver Release form must be submitted before he or she may perform services for CLCR.
On receipt of the Criminal Background Check Consent and Waiver Release form, CLCR will request that its vendor perform the criminal background check. As part of its criminal background check, CLCR will, at a minimum and without limitation,
- perform a national search of state criminal repositories;
- perform a search of state sexual offender registries; and
- verify a person’s identification against his or her social security number or other personal identifier.
POTENTIALLY DISQUALIFYING FACTORS
CLCR will use a criminal background check to gather information about an applicant’s prior criminal history. The information revealed by the criminal background check may disqualify an applicant from serving as a staff member, contractor and/or volunteer.
Information that could disqualify an applicant includes, but is not limited to, arrests, pleas of no contest and criminal convictions—especially if the underlying criminal behavior involved sex or violence.
Pending Court Cases
No decision will be made on an individual’s eligibility for work as a new staff member, contractor and/or volunteer if they have a pending court case for any of the potentially disqualifying offenses until the pending case concludes. If, however, during the case’s pendency, the organization undertakes an independent investigation and conducts a hearing, any determination may be used to disqualify the individual.
Each applicant has the affirmative duty to disclose his or her criminal history. Failing to disclose or intentionally misrepresenting an arrest plea or conviction history in an application or any other information provided by an applicant during the screening process is grounds for employment, volunteer and/or membership revocation or restriction, regardless of when the offense is discovered.
- If an applicant (1) is arrested, (2) pleas or (3) is convicted of a crime other than a traffic offense during the screening process, the applicant is required to disclose such information immediately.
- In the event a person is serving as a staff member, contractor or volunteer and (1) is arrested, (2) pleas or (3) is convicted after the completion of the screening process, he or she has an affirmative duty to disclose such information immediately to his or her supervisor or CLUB administrator.
- Any applicant who has been banned by another sport organization, as temporarily or permanently ineligible, must self-disclose this information. A failure to disclose is a basis for disqualification for potential applicants.
Notice of findings will be provided to:
- The designated contact of CLCR that submitted the application;
- Primary members of the Board if appropriate;
- Other Senior Coaching Staff if appropriate;
ORGANIZATION’S criminal background check report will return a “red light” or “green light” score. A green light score means that the background check vendor located no records that would disqualify the applicant. A green light score, however, is not a certification of safety or permission to bypass/ignore other screening efforts. Other disqualifying factors may exist, and can be revealed through an interview, reference checks and a completed application.
A red light finding means the criminal background check revealed criminal records which suggest the applicant “does not meet the criteria” and is not suitable for organization employment or volunteer assignment.
Individuals who are subject to disqualification under a “red light” finding may challenge the accuracy of the reported information reported by the criminal background check vendor.
OPTION ONE: Appeal to Organization
APPEAL TO ORGANIZATION
If an individual receives a red light finding and wants to contest CLCR’s decision not to accept his or her application based on the red light finding, the individual may request a hearing before CLCR’s Review Panel designated by the Board.
The Review Panel will communicate its finding to the individual and Head coach/senior coaching staff. If the individual disagrees with the finding of the Review Panel, he or she may request an appeal with APPEAL BODY. A decision rendered by the APPEAL BODY shall be final and binding on all parties.
If any discretion is exercised in the application of this policy, it shall be exercised in a uniform manner so that substantially similar convictions and circumstances result in substantially similar treatment of applicants.
–END OPTION ONE–
OPTION TWO: Appeal to Criminal Background Check Vendor
APPEAL TO CRIMINAL BACKGROUND CHECK VENDOR
Any disqualified individual has the right to dispute the findings of the criminal background check directly with CLCR’s approved Criminal Background Check Vendor. A disqualified individual may not appeal the automatic disqualification or the results of the findings of the criminal background check.
Individuals automatically disqualified are excluded from participation in any CLCR sanctioned events and/or activities.
–END OPTION TWO–
FREQUENCY OF CRIMINAL BACKGROUND CHECKS
Criminal background checks will be refreshed as required by law, for coaches who are 21 years of age or older and perform services for CLCR.
AFFIRMATIVE DUTY TO DISCLOSE
If, during the course of employment or participation in CLCR’s program, a staff member or volunteer is accused, arrested, indicted or convicted of a criminal offense against a child, it is the duty and responsibility of the staff member or volunteer to notify an immediate supervisor, a CLCR administrator or a member of CLCR’s Participant Safety Committee.
OTHER POTENTIALLY DISQUALIFYING FACTORS
Even if an applicant passes a criminal background check, other factors may disqualify an applicant. An individual may be disqualified and prohibited from providing services for CLCR if the individual has:
- Been held liable for civil penalties or damages involving sexual or physical abuse of a minor
- Been subject to any court order involving any sexual or physical abuse of a minor, including but not limited to domestic order or protection
- A history with another organization (employment, volunteer, etc.) of complaints of sexual or physical abuse of minors
- Resigned, been terminated or been asked to resign from a position – paid or unpaid – due to complaint(s) of sexual or physical abuse of minors
- A history of other behavior that indicates they may be a danger to participants in CLCR; or
- Not met the job requirements
REVIEW OF DISQUALIFIERS
CLCR will review its disqualifiers every two years or as otherwise required or modified by law.
Records are secured onsite for a period indicated by applicable law or until the applicant is no longer affiliated with CLCR, whichever date is later.