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Clearances
Clearances for Coaches and Adult Volunteers
All Coaches, Assistant Coaches, Volunteer Coaches, Coxswains, Drivers and generally any Adult Volunteers having on-going interaction with Youth (“under age 18”) during any and all CPRA events and programs shall agree to background screenings performed by the National Center for Safety Initiatives (NCSI) as set forth in this Policy Statement.
The background screenings shall be obtained on an annual basis, or shorter period of time if requested by the CPRA Board, prior to any on-going interaction with Youth. The coach or volunteer must complete the required application/registration as directed by the CPRA Board, President, or a designee. The CPRA Board shall have full discretion to accept or reject the volunteer based upon the Clearance Report (called the Red Light/Green Light result). Coaches or volunteers who fail to provide accurate information for the screening or fail to agree to the screening will result in not being permitted to coach or volunteer and will not be paid or permitted contact. The "Green Light" or "Red Light" determination will expire one year from the date the determination is issued. CPRA shall use the NCSI services for the limited purpose of determining whether to retain individuals ("Individuals") as volunteers, employees, coaches, board members, staff, officials or any other authorized representatives ("Permitted Purpose").
The CPRA Board contracts with NCSI who provides “Check-it-Twice Services” to the Board. The services include fully managed and comprehensive background screening program.
Database Search:
The following description details the databases and information searched:
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NCSI will use one commercial data provider to search a database for validation of a coach or volunteer’s social security number and its actual issuance and previous address history information.
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NCSI will use two commercial data providers to search databases for available information concerning a conviction of a Criterion Offense consistent with the National Council of Youth Sports Recommended Guidelines. This search will cover seven or more years based on available information, unless otherwise disclosed by NCSI to the Board. The scope of this search is based on the best available data by the two commercial providers at that time.
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NCSI will also use a commercial data provider to conduct at least one single county criminal record search covering the county or counties in which an individual has resided within the past five years. Additional county level searches may be recommended by NCSI during the course of the investigation process and will be charged to the Board.
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NCSI will use two commercial data providers to search databases for sex offender registrations for an Individual in those states identified by the Board.
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NCSI will use a commercial data provider to search the Office of Foreign Assets Control ("OFAC") database for records on an individual.
Registration:
NCSI will provide the CPRA President or designee or Board with registration capabilities so that coaches or key volunteers can interact directly with the NCSI system. Through this direct registration process, coaches and volunteers will electronically complete an application form including all legal authorizations and criminal history disclosures and this information will be stored as part of the records of an individual. Additionally, at the request of the CPRA, Board, or President, NCSI may store the organizational policies and individuals may be required to acknowledge receipt of these policies and their compliance therewith as part of the individual’s registration process and that signoff will also be part of the electronic file fully accessible by the Board, President, or designee. Individuals are required to have a valid e-mail address.
Report:
Following an individual’s completion of the registration information, NCSI will provide to the Board, President, or designee a report titled, Red Light/Green Light within 10 business days of receipt of a request for information on an individual. NCSI shall inform an authorized representative of CPRA based on information from databases and other searches performed at the request of the CPRA as to whether an Individual’s Record meets the criteria set forth in Schedule A at the time of the request and receives a "Green Light" or does not meet the criteria and receives a "Red Light". Upon issuance of a "Red Light" determination, NCSI shall send the Individual a copy of the Record and a summary of the Individual’s Federal Credit Reporting Act (FCRA) rights as part of the investigation. If requested by the Individual, the NCSI is authorized to reinvestigate and correct, if necessary, any inaccurate information. Applicable fees will be charged to CPRA.
Schedule A: Criterion Offenses
Reportable convictions and pending dispositions, or disclosures of convictions or registrations, for any of the following criminal offenses or registrations will prompt a determination that an applicant ‘does not meet’ the criminal background screening criteria and a red light determination will be issued:
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R1. Any felony (any crime punishable by confinement greater than one year)
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a. Defined on the basis of exposure for the offense for which the defendant was convicted, pled guilty or pled nolo contendere. If pled down, then the crime to which the defendant ultimately pled.
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b. Defined as all crimes punishable by greater than one year in jail or prison, regardless of how characterized by jurisdiction. If range, alternate sentencing, or indeterminate sentencing with an outer range greater than one year
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R2. Any lesser crime involving force or threat of force against a person
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R3. Any lesser crime of a sexual nature or classified as a sex offense including but not limited to “victimless” crimes of a sexual nature such as prostitution, pornography, indecent exposure; and crimes in which sexual relations is an element
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R4. Any lesser crime involving controlled substances (not paraphernalia or alcohol)
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R5. Any lesser crime involving cruelty to animals
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R6. Any Sex Offender Registrant
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R7. Any lesser crime involving harm to a minor
Criminal offenses include “Attempted Crimes” in the above classifications
Adverse Action:
If CPRA elects to take an adverse action based on this information, CPRA is responsible to notify NCSI of its decision to take adverse action. NCSI, at CPRA’s request, shall send to the Individual notice of CPRA’s decision. CPRA authorizes NCSI to communicate directly with Individuals as appropriate in the investigative process. CPRA will direct Individuals to communicate exclusively with NCSI concerning the notification of an adverse action and if requested, any reinvestigation.
Recheck of Records:
NCSI will recheck an Individual’s Records obtained six months after the submission date. The recheck search performed uses one commercial data provider to search a national database and available state sex offender registries. CPRA agrees to use the NCSI website to update the status of Individual and deactivate any Individual that no longer has permission to coach or volunteer.
Disclosure of Information to Individuals Receiving Background Screens:
In ordering a report for background screening purposes using account-registration, CPRA certifies that it will: (i) make a clear and conspicuous written disclosure to the individual before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained; (ii) obtain prior written authorization from the individual to the search of criminal records, sex offender registries and other public records by NCSI for the purpose of CPRA in determining whether to retain that individual as a volunteer or employee; (iii) not use the information in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the report, authorizes NCSI on its behalf to send a copy of the report and a summary of the consumer's rights to the individual and (iv) before taking an adverse action, and at other times as required by state law, direct NCSI to provide a copy of the report to the consumer as well as the summary of the consumer's rights. Only employees or authorized individuals of CPRA may access the NCSI services or reports.
Indemnification:
The individual coach or key volunteer will indemnify, defend, and hold NCSI and CPRA, its employees, officers, members, managers, board, affiliated companies, agents, third party service providers, or anyone else involved in creating, producing or distributing NCSI’s services harmless from or against any and all liabilities, damages, losses, costs, and expenses including attorney fees arising out of or resulting from CPRA’s use of NCSI’s Services.
Fees:
For each request for a background screen of an Individual made by CPRA to NCSI, the CPRA will pay the fees required to complete the background screening.
Confidentiality:
NCSI and CPRA acknowledge that they may receive information from the other party that is proprietary and confidential. Each party will identify any such information by labeling it as "Confidential" at or near the time of disclosure. The Party receiving confidential information from the other will: (a) maintain the confidentiality of such information with the same degree of care, and no less than reasonable care, as it uses for its own proprietary and confidential information, (b) limit access to such confidential information to those employees and outside contractors who have the need for such information and are under a duty of confidentiality to that Party, (c) not disclose the confidential information to any other person or entity, and (d) will not use the confidential information for any purpose other than performance of its business.
In order complete the background check, coaches or key volunteers will receive an email from the President or designee of the Board providing a personal Identification Number ("ID") from NCSI to access and use the services. An individual's ID may not be transferred, shared or otherwise provided to any other individuals and shall be kept confidential by the CPRA. NCSI will produce and maintain a registration page. This page will include logos or marks designating it as the registration page. The registration process allows Individuals to enter personal information directly into NCSI website in order for a background screening to be processed. Results of the respective search are sent to the CPRA.
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