Background Check Standard
Policy Addendum Request
October 6, 2005
It is requested that the Oregon Youth Soccer Association, Executive Board of Directors adopt the following papers as part of the Risk Management Policy 801-1. The "Background Check Standard" and the "Criminal Conviction Matrix for Coaching Acceptability" have been developed as guides to assist with consistent application of handling background check results. Realizing that every situation has underlying circumstances, staff has been looking for a method that would guide these reviews, and provide a policy that OYSA could stand behind, should the reasoning be tested. Any coach suspended would retain their right to appeal.
No other state organization contacted has such a program in place. E-mails have been sent all of the states associations near Oregon and just two responses were received. One said that each conviction was an issue to itself, and the other noted they had no policy. A guide has not been found on the websites of other state associations, although the research has covered many websites, not all 55 states have been reviewed.
The Club Services Advisory Committee has been very instrumental in this review. A review of the policies of surrounding states has not identified a similar policy. The purpose of this proposal is that when faced with a lawsuit, the opposition's attorney's will question how Oregon's standards compare to the norm of surrounding states, and the industry as a whole. Having testified in several cases as an expert witness and having endured a 500 page deposition in preparation for another trial, this is an experience OYSA needs to ready for, and have an adequate defense prepared.
The general rule of thumb is to have rules and policies that are at least equal to, if not more restrictive than other similar organizations. These papers are an attempt for Oregon Youth Soccer to have standards of operation that exceed neighboring associations, yet be simple enough to enact, so as not to bog down the system. These guides should actually speed up the review process. Standard form letters addressing the various needs to inform individuals and clubs may be created. The standards could also be made known to member clubs so they will know what to expect when convictions are encountered among their personnel.
Using the Matrix attached, a review of the 380 persons with convictions to that are currently on record in the database since this list was began in 2001, presented the following results:
· About 45 individuals did not have enough information recorded to make a determination.
· About 240 would fall under "Club Decision" if they wanted the individual to coach. Many are in this category because the time since the convictions would currently allow them to coach.
· About 100 of these individual (less that 1% of the estimated 10-12,000+) would not be allowed to participate at this time.
Members of the Club Services Advisory Committee have made it very clear that the low % of individuals that would be restricted, it is well worth the effort it to protect the children by suspending these individuals from participation, than to defend why OYSA allowed a child to be abused.
Please consider the attachments and adopt them as addendums to the Policy 801-1 - Risk Management. The policy as written does not require any modification to accept these additions.
Respectfully Submitted: Jerry May - Risk Management Coordinator