Background Checks

[Nevadaref]

For a point-by-point critique...

Originally Posted by wanja

Here's a preview of an article on background checks of officials that will be included in a web site newsletter. I'm looking for any forum insights on the pre-view or the subject in general before completing a final version.

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High School Sports Official Background Checks

Pennsylvania Interscholastic Athletic Association (PIAA) background checks for sports officials begin with the 2009/10 school year. The good news for PIAA basketball officials is that fall sports go first. The other news is that the implementation of background checks poses a daunting challenge for officials, assignors, school administrators and oversight bodies such as the PIAA.

At least 11 high school state athletic associations mandate criminal background checks for sports officials. Pennsylvania joins Colorado, Idaho, Michigan, Minnesota, Missouri, Montana, New Mexico, Rhode Island, Washington and Wisconsin. The Florida High State Association rescinded its requirement for criminal background checks in favor of a check of sex offender registries. Roughly half of the state associations require notification by officials of felony convictions during the registration process.

The case for criminal background checks of officials is compelling. Paramount is the potential risk to a student athlete from a felon who gains entree through officiating. State associations and school administrators are also concerned about legal liability and adverse publicity. In Pennsylvania, an investigation by the Pittsburgh-Post Gazette highlighted the issue. The review identified PIAA officials with felony convictions including sexual, assault and child related offenses.

There is another side to the issue. Background checks are expensive, time consuming and can be difficult to administer. Despite the best efforts to protect privacy, more private information about more officials is being exposed to more parties.

Consider the new Pennsylvania mandate. Officials subject to background checks must be fingerprinted at an approved site, obtain reports from 3 government agencies and submit reports to the state athletic association as well as one or more school entities.

Common sense, no-cost approaches are most effective in preventing student-athlete abuse by adults. In particular, enforcing a policy of no student-official contact without school staff observation is likely to prevent escalation of student-official confrontation and other improprieties.

The trend is for more criminal background checks of officials. The officiating community can smooth the transition. State associations can lead with simple, coordinated processes and timely, well communicated procedures. Officials can help by diligently providing timely and accurate information. Schools and assignors are the initial gate keepers for ensuring that background clearance requirements are enforced. Coordination of their efforts is essential.

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The PIAA has adopted the Pennsylvania Department of Education (PDE) program for meeting the background checks requirements of Act 114 of 2006, Section 1-111 of the PA School code . Sports Officials are covered as independent contractors under the code. Key aspects of the PIAA program include:

- a background check is required only for officials with
--an initial PIAA registration after March 31, 2007 or
--a registration lapse after March 31, 2007

- the background check must include 3 reports
-- State Police Criminal History Record
-- Dept of Public Welfare Child Abuse Report
-- Federal Criminal History Report (CHRI) – FBI Report

- officials subject to checks must
-- request, pay for and obtain reports from 3 government agencies
-- complete fingerprinting at an approved site
-- submits reports to the PIAA and school entities
--make reports available at each sanctioned sport contest

An official who has been convicted within the last 5 years of one or more of the following crimes is not eligible for registration.

- criminal homicide
- aggravated assault, indecent assault
- stalking, kidnapping, unlawful restraint
- rape, sexual assault, indecent exposure, incest
- concealing death of child, endangering welfare of children

A backgound check guide for Philadelphia School District officials provides an example of a local implementation.

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

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

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?

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?

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

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.

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?

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.