Why does USPC require background checks?
Who is required to submit to background checks?
Is this a one-time background check and fee?
What do other youth organizations (like Girl Scouts) require?
What company will be performing these background checks?
What risk factors will be screened?
How far back in time does the record search go?
What are specific criminal risk factors which will result in a red flag?
What risk factors will still allow me to be competitive as a volunteer for USPC (green light)?
Why does the release refer to a credit check?
Who will see the results?
How will I do the background check?
Can I get a copy of my background check?
How will the National Office know I have completed this process?
What is the cost for the background check?
What additional fees might be charged beyond the $28 basic background check?
Why do the volunteers have to pay for the background check themselves?
Can I deduct the cost of the background check on my tax return?
Can I pay for the background check another way?
Why don't we use one of those free background check companies?
If I have had a background check for a job or other organization, can USPC just use that one?
What if I do not agree to the background check?
Can I appeal my background check results?
Why does USPC require background checks?
It has become the standard among youth organizations to require volunteers working with children to complete a criminal background check. USPC has been working on establishing a program for background checks since 2008. This has been publicized in updates at Annual Meetings (both in 2009 and 2010), in notes and minutes from Board proceedings, in Pony Club News, and in Digest postings.
USPC is mindful of privacy concerns and also regrets that the current state of our society has resulting in criminal background checks becoming standard practice among youth organizations. Nevertheless, it is the Board's determination that USPC must adhere to best practices and that, if USPC is to err, it will do so in favor of increased protection of its members. Policy 0721 - Background Checks
Who is required to submit to background checks?
USPC first began implementing background checks in the fall of 2009 with the Executive Committee and then the Board and Advisory Committee. USPC also performs background checks on all new employees.
In 2010, the new Board and Advisory members completed background checks, along with all coaches and chaperones for International Exchanges, National Examiners and Chief Horse Management Judges. The Board is phasing in the various important leadership positions in what is hoped will be an orderly progression. In 2011, all DCs, Jt. DCs, RSs, VRSs, CAs, ACAs, Chairs of National Committee, coaches and chaperones of International Exchanges, and volunteers with the National Youth Board were required to complete the background check.
In 2012 the Board has added RICs, HMOs, and Club and Regional Treasurers to the list of position required to complete a background check.
One USPC background check per volunteer will generally suffice for all duties performed by that volunteer within USPC.
Is this a one-time background check and fee?
The Board currently anticipates requiring this check to be repeated by volunteers on a three-year rotation. Situations with people do change, so repeating the background check periodically will ensure we have current information on our volunteers.
What do other youth organizations (like Girl Scouts) require?
Here are some examples:
From the Girl Scouts of America:
"Protecting the girls and young women in our charge as well as the Girl Scout Movement is top priority, and screenings and reference checks are integral parts of our due diligence process and risk management policy… At Girl Scouts, the screening of volunteers (and employees) includes references checks and criminal background checks, which are performed by independent, third-party, background-screening agencies."
From the American Youth Soccer Organization (AYSO):
"Since January 1, 2001, all AYSO Regions, Areas and Sections are required to comply with the AYSO policy on criminal background checks. AYSO acts as the criminal background requesting entity unless specific arrangements have been approved in writing by the AYSO National Executive Director. Any person wishing to volunteer in AYSO is subject to a criminal background check, with a strong focus on the following: Coaches of sports teams, Assistant coaches of sports teams, Officers, board members, and staff who lead or organize children's activities, and Referees. Any person wishing to volunteer in AYSO must complete an AYSO volunteer application form each year, either online or by using the hard copy form, and submit a signed copy to the Region.”
What company will be performing these background checks?
After extensive research, USPC chose Selection.com as its background check service. This company was recommended by USPC's legal counsel, and is based in the greater Cincinnati area. USPC selected this company because of the combination of its competitive price, overall responsiveness, commitment to maintaining the privacy of individuals, and ease of use of its website. Selection.com has undertaken to USPC to conduct its operation in accordance with applicable laws, including the Fair Credit Reporting Act.
What risk factors will be screened?
The background check has essentially two elements: The first is verification that the social security number and name of the volunteer match, and the second is a criminal background check raising a red flag for felony convictions and certain misdemeanor convictions within the last seven years, or as far back as allowed by individual state law. In addition, certain open arrest records without resolution will raise a red flag. The records searched include national databases as well as local county court records and sex offender databases. Of course, listing in a sex offender database will raise a red flag. No credit records will be checked at this time, although USPC may in the future implement such checks for certain positions.
How far back in time does the record search go?
This depends upon the state law. A standard search will look back 7 years in an individual’s history. However, certain states require there be no limit to the timeline, so in those states, the search will look back into an individual’s entire record. The timeline for the actual report depends on the reporting restrictions in each state.
What are specific criminal risk factors which will result in a red flag?
The following is a listing of non-competitive risk factors:
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Two or more worthless check convictions with the past 5 years
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Two or more DUI/DWI convictions
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Two or more misdemeanor marijuana convictions
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All convictions involving violence, weapons, controlled substance, sexual activity, theft, dishonesty or burglary
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Three or more misdemeanor convictions
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Failure to appear in court
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Contributing to the delinquency of a minor
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No matching identifiers available/Name Match Only
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Records with a pending disposition or outstanding warrant
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All felony convictions for the following crimes:
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Murder
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Manslaughter
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Aggravated Assault
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Terrorist Threats
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Sex Related Acts
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Crimes Against Children
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Robbery/Armed Robbery
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Forgery
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Conspiracy To Commit Arson/Arson
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Kidnapping
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Welfare Fraud
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Falsification (ID) to Law Enforcement
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Theft
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Worthless Checks
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Illegal Manufacture, Sale, Distribution or Trafficking In Controlled Substances
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Aiding A Prisoners Escape
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Possession of Concealed Firearm
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Conspiracy To Commit Any of the Above
What risk factors will still allow me to be competitive as a volunteer for USPC (green light)?
The following results of the background check are considered acceptable for volunteering with USPC:
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No Record Found
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Dispositions of Not Guilty, Nolle Prosse, Waiver By The Clerk, Adjudication Withheld, Dismissed Or Expunged
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All traffic violations
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Maximum of two Misdemeanors convictions in the past 5 years except for crimes involving violence, weapons, controlled substance, sexual activity, theft, dishonesty or burglary
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Maximum of one DUI/DWI conviction
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Maximum of one misdemeanor marijuana conviction
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Maximum of one worthless check conviction
Why does the release refer to a credit check?
All background checks are classified as Consumer Reports for purposes of the Fair Credit Reporting Act, which governs all credit/background/employment/etc. checks. That is the reason for the reference in the release to both Consumer Reports and the Fair Credit Reporting Act. At our request, Selection.com at the outset deleted any reference to credit checks from the items specifically listed in the release that USPC might check. We are not now doing credit checks, but reserve our ability to institute credit checks in the future for certain positions that involve handling funds. To make absolutely clear that we are not now doing credit checks, we asked Selection.com to insert an additiona lstatement to that effect. The following is the language used in the release:
"In conjunction with my intention to act as a volunteer for you, I understand that you intend to use Selection.com to obtain Consumer Reports and / or Investigative Consumer Reports (hereinafter called "Reports”) about me as defined in the Fair Credit Reporting Act (FCRA). These "Reports” do NOT include my Credit Report but may include information concerning my motor vehicle record, civil litigation history and/or criminal record.”
Who will see the results?
Selection.com will provide USPC with results solely by means of a "green light” (all reports clear) or a "red light” (some risk factor detected). Any volunteer whose result is a "red light” will receive an adverse action letter from Selection.com. If the volunteer wishes to dispute any results, they must contact Selection.com directly regarding this process.
Staff members at USPC will only see the "green light” or "red light” and will not be involved in resolution of disputes.
How will I do the background check?
The majority of our volunteers (exception: Treasurers-see next paragraph), upon request, will sign in to our private section of the Selection.com website, enter their information, and submit the information to Selection.com. Here is the link that USPC volunteers should use to sign in to this service: Fastrax Application Info Request.
For club and regional Treasurers only: Because they are responsible for club/regional finances, Treasurers are subject to additional screening via a Federal District Court search. This search picks up certain financial crimes not covered in our standard background check. The total charge for a Treasurer background check is $36. Treasurers only should use this link: Treasurer Fastrax Application Info Request.
After reading and signing a release, the volunteer will submit information about him or herself including name, address, and social security number. The volunteer will then be guided to a secure site for payment of the fee for the report. Volunteers are advised to please be very careful in entering social security numbers correctly, as an incorrectly entered number may result in additional charges for a second (corrected) background check report.
Can I get a copy of my background check?
This may be requested in writing directly from Selection.com. If you live in CA, MN, or OK, there is a box to select this option under "Applicant Notices”. Others may request their results in writing from Customer Service Representative LeeAnn Bick at Selection.com. This report may or may not be suitable for use by other organizations, as each organization selects their own criteria or factors to screen.
How will the National Office know I have completed this process?
Selection.com notifies USPC when volunteers have logged in to our secure site and initiated the process for background checks. Selected staff members have access to view the "red light” or "green light” result.
You can assume your background check was successful, unless you are contacted by USPC or Selection.com.
What is the cost for the background check?
The basic report for most volunteers will cost $28, but in a certain states (including New York) there may be additional fees for the individual county searches. The Treasurer basic report will be $36.
What additional fees might be charged beyond the $28 basic background check?
Additional fees apply in certain county searches, both for clerk searches and for public access searches. The exceptional court access fees are listed on the link from the USPC website to Fastrax at the bottom of the applicant information page under "Show Court Fees”. These additional charges typically run in the $10 - $20 range. New York OCA fees are currently $65.
Why do the volunteers have to pay for the background check themselves?
The Board considered a number of different payment options when deciding how to implement the background checks. One was to raise membership fees to cover the cost. However, this was rejected because we wanted to keep membership rates as low as possible.
The option selected by the Board was to have the member pay the fee for background checks, and move through various categories of volunteers in a logical order, starting with certain positions such as board member, international coach or chaperone, and moving on to NEs, CHMJs, RSs, DCs, CAs, RICs, HMOs, and Treasurers.
This is the model most in use by many YMCA or youth recreation league sports; if you want to coach or referee, then you pay a fee to do the background check.
Can I deduct the cost of the background check on my tax return?
Yes, this expense would qualify as a legitimate expense of volunteering for a charitable organization, and may be deducted if you file Schedule A of the IRS 1040 return.
Can I pay for the background check another way?
Yes, if you are opposed to the online credit card payment method, it is possible for you to contact our office for a copy of the Selection.com release form, which you can then fax, mail, or email to Selection.com. They will input your information and will send you a bill for the reporting. Your results will not be released to USPC until the bill has been paid, so obviously this is a less streamlined process. Because of the volume of background checks that will be performed on our volunteer leaders, we ask that you please submit information and payment online whenever possible.
Why don't we use one of those free background check companies?
While there may be companies that are 'free' or cheaper to use, we wanted the one with the most reliability and in use by other similar type organizations. We carefully balanced the expense with the verified reputation and received bids prior to contracting with this particular company.
We also did not want to levy the costs of our background checks to our members (which is a procedure that some organizations use). Every bit of your $28 goes to the costs of the background check by the company.
If I have had a background check for a job or other organization, can USPC just use that one?
No. The reason we have to do the USPC background check in addition to any other checks you may go through for your professional lives is because USPC has a standardized program that will apply to volunteers. USPC does not have access to background checks provided by other services, and for the privacy of our volunteers, does not wish to have any personal information submitted to our office by volunteers. Thus, the need to use a consistent service which houses the results outside of our office.
What if I do not agree to the background check?
Regretfully, this will mean you will no longer be allowed to participate as a USPC volunteer.
Can I appeal the result of my background check if I come back as a "red light?"
Yes. In 2012 the USPC Board approved the addition of Attachment A to the Policy 0721 on Background Checks and created a background check appeal process. Certain results do not qualify for appeal. to initiate an appeal, please contact the National Office.