[wanja]

Originally Posted by Nevadaref

1. Please explain why the case for background checks is compelling. Support your statement with reasons.

Reasonable efforts should be made not to facilitate potentially harmful access to children by individuals who have committed criminal acts to harm children in the past. We both agree that supervision of contact by school staff is the most effective method. However, officiating provides access after the game and beyond the jurisdiction of school staff. I often encounter and am recognized by athletes and their parents off the court. They often provide consideration to interact with me that they would not if they were not aware of me from officiating.

Originally Posted by Nevadaref

2. Fear of bad publicity and liability are more likely at the heart of this drive than sound reasoning.

These are secondary but legitimate considerations. Public confidence is important for effective athletic programs. Liability can translate into money out the door.

Originally Posted by Nevadaref

3. Expense and privacy concerns are two huge barriers to cross. When we weigh these factors against the "compelling interest" of the schools/state, which carries the day?

I don't see this as an either/or proposition but rather an issue requiring balance. Expense should be limited and officials' privacy and resources respected while addressing the interests of athletes, schools and the states. It seems that early efforts are falling short by requiring multiple, cumbersome procedures for official compliance.

Originally Posted by Nevadaref

4. Why should the officiating community and associations help the process? Why shouldn't they resist it? Perhaps it is right to fight for the privacy and individual rights of their members than to simply acquiesce to the demands of a paranoid school system. Why should the officials simply hand over their private information to the school administrators and assignors? What right do these people have to know these personal details? Are they in turn going to forward their background checks to all officials? In many places the assignors are just other officials and they change from year to year. Does one become privy to this sensitive information simply by stepping into an assigning position?

Keep in mind that most of the information regarding criminal activity is public. That being said, sharing of background check details should be strictly restricted and attempts are made to do so. Ideally, the information available to assignors would simply identify the eligibility of an official to officiate.

Originally Posted by Nevadaref

5. Even in PA sports officials are independent contractors. What does the law say about requests for their background information?

The law specifies access for school entity administrators. Only such administrators are given access to online reports. There is no restriction on officials submitting the reports to the PIAA which is not a school entity. A service that the PIAA is providing to school administrators is online access to a list of officials with registration dates and background report status.

Originally Posted by Nevadaref

6. Only officials who have signed up in the past two years are subject to this requirement? Apparently everyone else is automatically okay. WHAT???!!?!!? What kind of security does that provide? Please tell me that I am misunderstanding the PIAA policy because that is simply ridiculous.

Here's an explanation, not a defense. The cutoff date is related to the date the law became effective. The legislators apparently wanted to avoid imposing the requirement retroactively.

There is a rationale for some grandfather clause. For example, if someone has officiated for the past 20 years with no impropriety, an exemption from a background check is practical. The timing is more debatable.

Originally Posted by Nevadaref

7. How convenient that the provision is drawn up to make the officials bear the expense. What if the officials countered by telling the schools to pay for this? The official must submit this information to these school people and the PIAA....hmmm... I wonder how that would hold up to a privacy challenge. Who are these people to warrant them having access to this data?

Nothing to add.

Originally Posted by Nevadaref

8. The official has to make the reports available at EACH contest!!!! Are you kidding? Should they carry a packet with them and must they present it to whoever requests it? If mommy in the stands has a problem can see come down and demand to see it? Can she demand that a school administrator examine the documents right then and there? Talk about an overburdensome requirement. There is no way that would pass a legal test.

I agree that this PA provision is over burdensome and expect/hope that an alternative will be forthcoming.