Background
In 2010, the USA Water Polo National Office determined through benchmarking with other youth sports and National Governing Bodies that a background screening program for USA Water Polo coach members would be a service that we could provide to our membership. As noted in our Statement of Ethics, public trust is critical to the success of our organization and we feel strongly that a formalized background screening process for the coaches who supervise our athlete members will substantially further that goal.
Purpose
To implement and maintain a background screening program for the purpose of determining eligibility for coach membership in USA Water Polo. This screening is not intended to serve as a pre-employment background screening program.
Program Guidelines
The program is designed to:
1) Protect the confidentiality of information pertaining to existing and prospective USA Water Polo coach members.
2) Review coach members and prospective coach members pursuant to the Screening Criteria below.
3) Provide those screened with an opportunity to challenge incorrect information found in the screening process before a result is forwarded to USA Water Polo.
4) Forward information to our outside legal counsel for additional investigation and any action in those instances where the screening results produce disqualifiers. Except in rare situations, there would be no disclosure to the team, Zone, or national personnel at this stage.
4) Screen members based on name, date of birth, address history and social security number.
5) Remove the involvement of volunteers and staff in compliance, data collection and record retention.
6) Be compliant with the applicable provisions of the Fair Credit Reporting Act.
Members Required to be Screened
The following USA Water Polo members are required to undergo regular background screening at least every two years:
1) All coach members and prospective coach members must have “Green Light” (no violations) on file as of June 1, 2010.
2) All National Teams Managers and Coordinators.
3) All USA Water Polo HQ staff. Requirement includes pre-employment and regular staff screening.
Screening Criteria for Membership Eligibility as of May 24, 2010
The criteria used to evaluate background screenings are designed to identify the following:
A. Found guilty of, imposition of a deferred sentence for, or any plea of guilty or no contest (nolo contendere) at any time, past or present, or the existence of any pending charges, for:
(i) all sex offenses (examples include, but are not limited to: child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, sexual misconduct and indecent exposure),
(ii) all felony offenses involving violence, (examples include, but are not limited to: murder, manslaughter, aggravated assault, kidnapping, robbery and aggravated burglary),
(iii) all felony offenses not involving violence of sexual misconduct (examples include, but are not limited to: possession, distribution or intent to distribute illegal drugs or substances, theft, embezzlement, fraud and child endangerment),
(iv) all misdemeanor violent offenses. (examples include, but are not limited to: simple assault, battery, domestic violence and hit & run driving); and
(v) any crimes against children; or
(vi) more than one misdemeanor drug or alcohol offense (examples include: driving under the influence, simple drug possession, drunk and disorderly conduct, public intoxication and possession of drug paraphernalia.) or
B. Found guilty of, imposition of a deferred sentence for, or any plea of guilty or no contest (nolo contendere) at any time within the past seven years, or the existence of any pending charges, for any misdemeanor drug and alcohol offenses (examples include: driving under the influence, simple drug possession, drunk and disorderly conduct, public intoxication and possession of drug paraphernalia.).
Any person applying for a coach membership in USA Water Polo who does not pass the background screening will not be eligible to become a coach member of USA Water Polo.
Frequency of Screening
Persons subject to screening, as noted above, will be required to be screened every two years. Expiration for all screening tests shall be 24 months from the last day of the month in which the screen was conducted (i.e. a screening successfully completed on 1/15/10 will expire on 1/31/12.) When it is time to update screening records, it is highly recommended that members submit an application for re-screening within the first 15 days of the month that their previous screening is scheduled to expire.
Screening Provider
After conducting an extended search, USA Water Polo selected TC logiQ, Inc. as its national provider. TC logiQ is a specialty consulting firm that provides professional employment services in the area of pre-employment and volunteer screening. More information about this Colorado Springs company is available on their Web site at www.tclogiq.com.
Cost
The cost for the background screen required by USA Water Polo is $20. This fee will be paid to TC logiQ by the applicant at the time that he/she goes online to initiate a background screen. TC logiQ accepts MasterCard, Visa, American Express, and Discover for online transactions.
Process
1) An individual subject to screening must go online to connect through a link on the USA Water Polo web site to initiate and pay for a USA Water Polo Background Screen. Current USAWP Coach or Coach/Referee members click
HERE to begin the process.
2) The applicant will promptly receive a screening report that provides address history and criminal information, if any. Until TC logiQ reviews this search report against the USA Water Polo screening criteria, the applicant’s “Screening Status” on the TC logiQ Web site will reflect “Pending”. TC logiQ’s determination regarding membership eligibility will be emailed within 3-5 business days after the screening has been completed.
3) If the applicant passes screening, the result will be updated to “Approved” on the TC logiQ Web site and will be communicated electronically to the USA Water Polo membership database. The expiration date for the screening is reflected on the USA Water Polo website in the same manner as coaches’ safety certifications.
4) If the background screen returns a finding that the applicant is not eligible to become a USA Water Polo coach member, there is a process for review of the accuracy of the information through TC logiQ.
5) If the final background screen returns a finding that the applicant is not eligible to become a USA Water Polo coach member, then the membership will not be granted and the membership database will display no information regarding the applicant.
Review Process
In the event that a background screening returns information that the applicant believes is not accurate, he or she will have the opportunity to dispute that information with TC logicQ. To protect the applicant, that opportunity will precede any communication of information by TC logicQ to USA Water Polo.
In addition, an applicant who does not pass a background check may initiate a grievance under Article 15 of USA Water Polo’s Bylaws, at no additional charge, should the applicant choose to challenge a negative finding on membership eligibility.
Information Management and Exchange
This program places the responsibility for information management and retention on the screening provider. Except in those few instances where a member’s background screen returns information indicating a disqualifying event, USA Water Polo will not be privy to or store the information returned in a member’s background screen, and only then that the applicant did not pass the background screen.
Nationwide Rollout for 2010
Upon the successful completion and evaluation of a February/March 2010 pilot program involving Headquarters & National Teams Staff and ODP Coaches, a nationwide rollout for the new USA Water Polo Background Screening Program will be implemented for the 2010 membership year. This rollout will begin during the first quarter of 2010. All 2010 Coach members will be subject to background screening and must successfully complete a background screening and have the results on file with USA Water Polo’s national office by May 31, 2010. On June 1, 2010 all Coach Members do not have on file a successful background screening will have their membership marked as “suspended” until the completed successful screening is received from TC logiQ.
Updated 5/24/10 by the USA Water Polo National Office
USA Water Polo has adopted a rule requiring all coach members to pass
a background screening check as a condition of their continuing as
coach members of USA Water Polo. As a result of our experience with the
new requirement, our Board of Directors modified some rules pertaining
to background checks. The purpose of this memorandum is to provide each
of you with the specifics of those modifications, which have now been
incorporated into our Rules Governing Coaches’ Conduct and Bylaws.
Copies of the amended Rules Governing Coaches’ Conduct are attached to
this memorandum. In addition, both the Rules and Bylaws are available on
our website.
Rule Changes
Previously, a coach who failed to pass a background check for any reason
was ineligible to register as a coach member of USA Water Polo. This
meant that none of USA Water Polo, Zone officers, or Club Administrators
had any discretion to allow coaches who failed background checks to
participate as Coach Members. Based upon our experience in administering
this Rule, the Board concluded that some flexibility was needed to
allow coaches who failed their background checks as a result of offenses
that were deemed relatively minor, or that occurred many years ago, to
continue to act as Coach Members. Accordingly, the Board has determined
to adopt an appeal procedure under which coaches who fail their
background checks can request exemption from the requirement that they
pass their background checks.
The appeal procedure is a two step process. First, a coach who has
failed a background check, and who wishes to appeal, must file a written
appeal with USA Water Polo. There is no charge for filing such an
appeal. The appeal will be heard by a special three person panel that I
have appointed to hear only such appeals. If the panel concludes that,
in its judgment, the coach should continue to be eligible to participate
as a Coach Member, the coach will be required to obtain a certificate,
in such form as the panel may prescribe, signed by the Club
Administrator of the Club with which the coach is affiliated. That
certificate will state, at a minimum, that the Club Administrator has
received and reviewed a copy of the coach’s background check and that,
notwithstanding the information contained in the background check, the
Club wishes to affiliate with the coach. In the event that the coach
also acts as the Club Administrator, the certification must be signed by
another adult member of the Club. If the panel concludes that, in its
judgment, the coach should not continue to be eligible to participate as
a Coach Member, the coach may appeal the panel’s decision to the
American Arbitration Association, the same as any other party who wishes
to appeal from the results of a USA Water Polo grievance hearing.
As noted above, the purpose of this new procedure is to provide for some
flexibility into the background checking process. As always, the
decision to hire a coach is that of the Club employing the coach and the
individual club members who elect, on their own behalf of that of their
minor children, to participate under the supervision of the coach. USA
Water Polo does not assume any responsibility for the accuracy of the
background checks obtained by the coaches from TC Logiq or a member
Club’s decision to hire or not hire any individual coach.