Background Screening Policy
Licking Heights Youth Association
Policy
Background Screening Policy
To preserve the safety and well being of the youth participating in the Licking Heights Youth Association (LHYA) programs, the LHYA hereby adopts the following policy requiring background screening for all volunteers 18 years of age and older before being granted one-on-on access to our most vulnerable populations. Specifically: Board Members, Head Coaches and Assistant Coaches.
The LHYA Executive Board will enforce the penalties resulting from a negative background screening report. All disqualified individuals have the right to dispute the findings of the background screening directly with the LHYA approved Background Screening Provider. The LHYA will not accept, or allow to be accepted, any individual who refuses to consent to these background screening procedures.
A 30-day grace period shall apply from the date of the 18th birthday in order to allow time for the background screening to be processed. During the 30-day grace period, the individual must be under the direct supervision by a qualified adult who has passed the background check. Upon the conclusion of the 30-day grace period, the individual may not participate unless the background screening requirement is met. Anyone that fails the background screening procedure cannot reapply for another screening for one year.
Frequency
Each individual assigned to a position that has been determined to first require background screening, will be screened on a bi-annual basis, regardless of their position or the number of years they have been involved in the league. All background checks will expire two (2) years from the date of submission.
Rationale: The fact that someone may be clear today does not insure that they will never commit a disqualifying crime in the future. In two years it is entirely possible for someone to be arrested and found guilty of a disqualifying offense through most of the court systems in the United States.
Process
The LHYA is a national affiliate of the Operation TLC² Making Communities Safe, a background check program administered by Southeastern Security Consultants, Inc. (SSCI). SSCI is a corporation specializing in conducting criminal background checks for volunteers in full compliance of the parks and recreation industry standards and expectations.
Every individual required to submit to a background screening will be required to provide information including, but not limited to, legal name, social security number, date of birth and address online when requested to do so prior to being permitted to accept the position being applied for. Failure to provide the requested information by the deadline will automatically disqualify the individual. Falsification of any information is grounds for disqualification/revocation/dismissal.
Page 1 of 5
Revised 8/25/2017
Licking Heights Youth Association
What the Screening Will Entail (by SSCI)
Background Screening Policy
Social Security Verification: Verifies the applicant's name and Date of Birth (DOB) against the Social Security Number provided. This can be utilized to help eliminate the possibility of false names and/or information. Address Trace: Verifies the applicant's current address and identifies previous addresses. Critical information utilized to determine the jurisdiction in which the background screening will be conducted.
Local Criminal Record Search: State and/or County Criminal record searches are performed to capture all misdemeanor and felony records. Based on address history, multiple county searches may be performed. As an important note, all of the county record searches are conducted on site in the appropriate courthouse. National Criminal Record Search: Our national database search provides access through the National Background Directory ™ to criminal data from all 50 states, OFAC history, including Guam and Puerto Rico. (Over 800 Million criminal records) Sex Offender Registry: Search of all 50 State repositories and the District of Columbia for known sex offenders. Turnaround Time: Results of background screening to be provided within 2 to 5 business days.
Customized Online System: Fully customized online system; allow applicant to submit background check online; online signature captured; online consent forms stored indefinitely; monitor applicant in process (real time); retrieve current & past results 24/7.
Proper Documentation
Within 2-5 days, the LHYA will receive a complete Background Check Profile on each individual. This profile will include all relevant information related to the background screening process. If there is no criminal record found, this will be noted along with the jurisdictions that were searched. If conviction(s) are found, all details including charges, court disposition(s), and sentencing will be provided. If the Background Check Profile includes any of the listed disqualifications enforced by the LHYA, the individual will be notified immediately of their disqualification and will receive a copy of the background check report along with a copy of the “Summary of Your Rights under the Fair Credit Reporting Act” (FCRA), notification that the individual is prohibited from participating and information on how to dispute the results of the profile. The background check records on all individuals who both pass and fail the screening procedures will be retained and archived indefinitely.
Page 2 of 5
Revised 8/25/2017
Licking Heights Youth Association
Confidentiality
Background Screening Policy
In respect of the individual and their privacy, all personal information is closely protected, not disclosed outside of this agency, shared within this agency only on a need to know basis, and used solely for the purpose of conducting the background check. In special circumstances, this agency acknowledges a duty to disclose to third parties, including government agencies, certain types of information when the law requires that the information be disclosed.
The President of the LHYA will administer the process of background checks. He/she will be responsible for reviewing all information received. All information received as a result of the screening will be kept confidential. The results will not be disclosed to anyone other than the President and the Executive Board of the LHYA. Should information be found that would disqualify an individual, the Executive Board of the LHYA will be responsible for issuing any required written notices to the volunteer in a confidential manner. The individual is responsible for taking appropriate action with SSCI to have the results of the criminal check report corrected if they believe information was reported in error.
Disqualification
EFFECTIVE JANUARY 1, 2016, THE FOLLOWING LIST OF AUTOMATIC CRIMINAL HISTORY DISQUALIFIERS FOR VOLUNTEERS WILL BE ENFORCED BY THE LHYA EXECUTIVE BOARD.
For purposes of this policy; Guilty shall mean that a person was found guilty following a trial, entered a guilty plea, entered a no contest plea accompanied by a court finding of guilt (regardless of adjudication), or received court directed programs in lieu of conviction. A person should be disqualified and prohibited from serving as a volunteer if the person has been found guilty of the following crimes:
SEX OFFENSES All Sex Offenses – Regardless of the amount of time since offense. Examples: Child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure, etc. FELONIES All Felony Violence – Regardless of the amount of time since offense. Examples: Murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated Burglary, etc. All Felony offenses other than violence or sex within the past 10 years. Examples: Drug offenses, theft, embezzlement, fraud, child endangerment, etc. MISDEMEANORS All misdemeanor violence offenses within the past 7 years. Examples: Simple assault, battery, domestic violence, hit & run, etc.
Page 3 of 5
Revised 8/25/2017
Licking Heights Youth Association
Disqualification (Continued)
Background Screening Policy
DRUG OR ALCOHOL MISDEMEANORS Any multiple misdemeanor drug and/or alcohol offenses within the past 7 years. Examples: Driving under the influence, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia, etc.
ANY OTHER MISDEMEANOR within the past 5 years that would be considered a potential danger to children or is directly related to the functions of that volunteer. Examples: Contributing to the delinquency of a minor, providing alcohol to a minor, theft – if person is handling monies, etc.
In addition, applicants will be disqualified if they have: Been adjudged liable for civil penalties or damages involving sexual or physical abuse of children. Been subject to any court order involving sexual abuse or physical abuse of a minor, including but not limited to a domestic order of protection. Had their parental rights terminated.
Pending Cases
Individuals found to have pending court cases for any of the disqualifying offenses will be disqualified. If the disposition of the pending case does not meet the criteria for the disqualification as listed above, the individual would then be cleared and reinstated. The Background Screening Process is an ongoing process and subject to review and changes at any time.
Handling Results
The President of the LHYA is responsible for securing the written results of the criminal background checks in a safe and secure location, and keeping them for the time period required by law, or six years, whichever is greater. Should the background check indicate that an individual has criminal charges pending that fit the description of charges in our detailed list of disqualifiers; the individual may be rejected/suspended until there is a resolution of the charges. Should an approved individual subsequently have any criminal charges brought against him/her that are listed in our detailed list of disqualifiers, during their term of service to the LHYA, they will be required to immediately disclose the nature of the charges to the President of the LHYA, and voluntarily terminate their duties until a determination is made by the Executive Board of the LHYA regarding the effect of the pending charges on the individual’s functions within the program.
Page 4 of 5
Revised 8/25/2017
Licking Heights Youth Association
Appeals
Background Screening Policy
In the event the applicant feels a mistake has been reported in their criminal background check, it will be the applicant’s responsibility to protest directly with SSCI any finding that they wish to dispute. The LHYA shall not have any input nor oversight into any disputed matter between the applicant and SSCI. The LHYA and its’ Executive Board are not responsible for errors or omissions that may be reported on background check profiles. Further, the LHYA will not “re-try” the case previously heard and resolved in a court of law and now a part of the individual’s permanent criminal record.
If there is an indisputable disqualifying offense enforced by the LHYA on the individual’s record, the disqualification will stand without appeal. The LHYA and its’ Executive Board is required by this policy to accept the findings of the LHYA approved background screen vendor and enforce the disqualification.
Other Acceptable Credentials
A valid and active State of Ohio Department of Education Pupil Activity Permit will be accepted as an alternative for any volunteer who would otherwise be required to complete background screening. In order for the Pupil Activity Permit to be accepted as a valid form of background screening, a copy of the permit showing the Licensee Name, Educator Sate ID, Issue Date and Effective Dates must be submitted to the LHYA President.
Non-Waiver
Nothing in this policy shall be construed as a waiver or limitation of the discretion of the LHYA, to disqualify an applicant for a position when, in the sole opinion of the LHYA, such is in the interests of the LHYA or its program participants.
Enforcement
The LHYA is responsible for ensuring adherence to this policy, and ensuring that those individuals who are disqualified are not granted unsupervised access to the youth participating in LHYA programs.
Page 5 of 5
Revised 8/25/2017
Policy
Background Screening Policy
To preserve the safety and well being of the youth participating in the Licking Heights Youth Association (LHYA) programs, the LHYA hereby adopts the following policy requiring background screening for all volunteers 18 years of age and older before being granted one-on-on access to our most vulnerable populations. Specifically: Board Members, Head Coaches and Assistant Coaches.
The LHYA Executive Board will enforce the penalties resulting from a negative background screening report. All disqualified individuals have the right to dispute the findings of the background screening directly with the LHYA approved Background Screening Provider. The LHYA will not accept, or allow to be accepted, any individual who refuses to consent to these background screening procedures.
A 30-day grace period shall apply from the date of the 18th birthday in order to allow time for the background screening to be processed. During the 30-day grace period, the individual must be under the direct supervision by a qualified adult who has passed the background check. Upon the conclusion of the 30-day grace period, the individual may not participate unless the background screening requirement is met. Anyone that fails the background screening procedure cannot reapply for another screening for one year.
Frequency
Each individual assigned to a position that has been determined to first require background screening, will be screened on a bi-annual basis, regardless of their position or the number of years they have been involved in the league. All background checks will expire two (2) years from the date of submission.
Rationale: The fact that someone may be clear today does not insure that they will never commit a disqualifying crime in the future. In two years it is entirely possible for someone to be arrested and found guilty of a disqualifying offense through most of the court systems in the United States.
Process
The LHYA is a national affiliate of the Operation TLC² Making Communities Safe, a background check program administered by Southeastern Security Consultants, Inc. (SSCI). SSCI is a corporation specializing in conducting criminal background checks for volunteers in full compliance of the parks and recreation industry standards and expectations.
Every individual required to submit to a background screening will be required to provide information including, but not limited to, legal name, social security number, date of birth and address online when requested to do so prior to being permitted to accept the position being applied for. Failure to provide the requested information by the deadline will automatically disqualify the individual. Falsification of any information is grounds for disqualification/revocation/dismissal.
Page 1 of 5
Revised 8/25/2017
Licking Heights Youth Association
What the Screening Will Entail (by SSCI)
Background Screening Policy
Social Security Verification: Verifies the applicant's name and Date of Birth (DOB) against the Social Security Number provided. This can be utilized to help eliminate the possibility of false names and/or information. Address Trace: Verifies the applicant's current address and identifies previous addresses. Critical information utilized to determine the jurisdiction in which the background screening will be conducted.
Local Criminal Record Search: State and/or County Criminal record searches are performed to capture all misdemeanor and felony records. Based on address history, multiple county searches may be performed. As an important note, all of the county record searches are conducted on site in the appropriate courthouse. National Criminal Record Search: Our national database search provides access through the National Background Directory ™ to criminal data from all 50 states, OFAC history, including Guam and Puerto Rico. (Over 800 Million criminal records) Sex Offender Registry: Search of all 50 State repositories and the District of Columbia for known sex offenders. Turnaround Time: Results of background screening to be provided within 2 to 5 business days.
Customized Online System: Fully customized online system; allow applicant to submit background check online; online signature captured; online consent forms stored indefinitely; monitor applicant in process (real time); retrieve current & past results 24/7.
Proper Documentation
Within 2-5 days, the LHYA will receive a complete Background Check Profile on each individual. This profile will include all relevant information related to the background screening process. If there is no criminal record found, this will be noted along with the jurisdictions that were searched. If conviction(s) are found, all details including charges, court disposition(s), and sentencing will be provided. If the Background Check Profile includes any of the listed disqualifications enforced by the LHYA, the individual will be notified immediately of their disqualification and will receive a copy of the background check report along with a copy of the “Summary of Your Rights under the Fair Credit Reporting Act” (FCRA), notification that the individual is prohibited from participating and information on how to dispute the results of the profile. The background check records on all individuals who both pass and fail the screening procedures will be retained and archived indefinitely.
Page 2 of 5
Revised 8/25/2017
Licking Heights Youth Association
Confidentiality
Background Screening Policy
In respect of the individual and their privacy, all personal information is closely protected, not disclosed outside of this agency, shared within this agency only on a need to know basis, and used solely for the purpose of conducting the background check. In special circumstances, this agency acknowledges a duty to disclose to third parties, including government agencies, certain types of information when the law requires that the information be disclosed.
The President of the LHYA will administer the process of background checks. He/she will be responsible for reviewing all information received. All information received as a result of the screening will be kept confidential. The results will not be disclosed to anyone other than the President and the Executive Board of the LHYA. Should information be found that would disqualify an individual, the Executive Board of the LHYA will be responsible for issuing any required written notices to the volunteer in a confidential manner. The individual is responsible for taking appropriate action with SSCI to have the results of the criminal check report corrected if they believe information was reported in error.
Disqualification
EFFECTIVE JANUARY 1, 2016, THE FOLLOWING LIST OF AUTOMATIC CRIMINAL HISTORY DISQUALIFIERS FOR VOLUNTEERS WILL BE ENFORCED BY THE LHYA EXECUTIVE BOARD.
For purposes of this policy; Guilty shall mean that a person was found guilty following a trial, entered a guilty plea, entered a no contest plea accompanied by a court finding of guilt (regardless of adjudication), or received court directed programs in lieu of conviction. A person should be disqualified and prohibited from serving as a volunteer if the person has been found guilty of the following crimes:
SEX OFFENSES All Sex Offenses – Regardless of the amount of time since offense. Examples: Child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure, etc. FELONIES All Felony Violence – Regardless of the amount of time since offense. Examples: Murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated Burglary, etc. All Felony offenses other than violence or sex within the past 10 years. Examples: Drug offenses, theft, embezzlement, fraud, child endangerment, etc. MISDEMEANORS All misdemeanor violence offenses within the past 7 years. Examples: Simple assault, battery, domestic violence, hit & run, etc.
Page 3 of 5
Revised 8/25/2017
Licking Heights Youth Association
Disqualification (Continued)
Background Screening Policy
DRUG OR ALCOHOL MISDEMEANORS Any multiple misdemeanor drug and/or alcohol offenses within the past 7 years. Examples: Driving under the influence, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia, etc.
ANY OTHER MISDEMEANOR within the past 5 years that would be considered a potential danger to children or is directly related to the functions of that volunteer. Examples: Contributing to the delinquency of a minor, providing alcohol to a minor, theft – if person is handling monies, etc.
In addition, applicants will be disqualified if they have: Been adjudged liable for civil penalties or damages involving sexual or physical abuse of children. Been subject to any court order involving sexual abuse or physical abuse of a minor, including but not limited to a domestic order of protection. Had their parental rights terminated.
Pending Cases
Individuals found to have pending court cases for any of the disqualifying offenses will be disqualified. If the disposition of the pending case does not meet the criteria for the disqualification as listed above, the individual would then be cleared and reinstated. The Background Screening Process is an ongoing process and subject to review and changes at any time.
Handling Results
The President of the LHYA is responsible for securing the written results of the criminal background checks in a safe and secure location, and keeping them for the time period required by law, or six years, whichever is greater. Should the background check indicate that an individual has criminal charges pending that fit the description of charges in our detailed list of disqualifiers; the individual may be rejected/suspended until there is a resolution of the charges. Should an approved individual subsequently have any criminal charges brought against him/her that are listed in our detailed list of disqualifiers, during their term of service to the LHYA, they will be required to immediately disclose the nature of the charges to the President of the LHYA, and voluntarily terminate their duties until a determination is made by the Executive Board of the LHYA regarding the effect of the pending charges on the individual’s functions within the program.
Page 4 of 5
Revised 8/25/2017
Licking Heights Youth Association
Appeals
Background Screening Policy
In the event the applicant feels a mistake has been reported in their criminal background check, it will be the applicant’s responsibility to protest directly with SSCI any finding that they wish to dispute. The LHYA shall not have any input nor oversight into any disputed matter between the applicant and SSCI. The LHYA and its’ Executive Board are not responsible for errors or omissions that may be reported on background check profiles. Further, the LHYA will not “re-try” the case previously heard and resolved in a court of law and now a part of the individual’s permanent criminal record.
If there is an indisputable disqualifying offense enforced by the LHYA on the individual’s record, the disqualification will stand without appeal. The LHYA and its’ Executive Board is required by this policy to accept the findings of the LHYA approved background screen vendor and enforce the disqualification.
Other Acceptable Credentials
A valid and active State of Ohio Department of Education Pupil Activity Permit will be accepted as an alternative for any volunteer who would otherwise be required to complete background screening. In order for the Pupil Activity Permit to be accepted as a valid form of background screening, a copy of the permit showing the Licensee Name, Educator Sate ID, Issue Date and Effective Dates must be submitted to the LHYA President.
Non-Waiver
Nothing in this policy shall be construed as a waiver or limitation of the discretion of the LHYA, to disqualify an applicant for a position when, in the sole opinion of the LHYA, such is in the interests of the LHYA or its program participants.
Enforcement
The LHYA is responsible for ensuring adherence to this policy, and ensuring that those individuals who are disqualified are not granted unsupervised access to the youth participating in LHYA programs.
Page 5 of 5
Revised 8/25/2017
