NEW BACKGROUND SCREENING PROGRAM
Approved 9-16-06 by the
Background
In
2004, the USA Swimming House of Delegates approved a special resolution
endorsing a requirement for background screening and directing the Board of Directors
to develop a screening program for final approval by the House of Delegates. Subsequent
to that resolution, President
Purpose
To
implement and maintain a background screening program for the purpose of
determining eligibility for membership in USA Swimming based on the criteria
found in section 304.3.4 of our Code of Conduct. 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 of existing
and prospective USA Swimming members.
2) Review members and prospective 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 Swimming.
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, LSC, or national personnel at this stage.
5) Screen members based on name, date of birth, address history
and social security number.
6) Limit the involvement of volunteers and staff in
compliance, data collection and record retention.
7) Be compliant with the applicable provisions of the
Fair Credit Reporting Act.
Members Required to be Screened
The
following USA Swimming members are required to undergo regular background
screening:
1) All coach members and prospective coach members.
2) All non-athletes on national team staffs or working
with USA Swimming sponsored camp programs.
3) All USA Swimming Board members.
4) All candidates for office at the Annual Convention.
5) All USA Swimming HQ staff. Requirement includes pre-employment and
regular staff screening.
Screening Criteria for Membership
Eligibility
The screening
criteria used to evaluate background screens are designed to identify only
violations of Section 304.3.4 of our Code of Conduct – “Conviction of, imposition of a deferred sentence for, or any plea of
guilty or no contest at any time, past or present, or the existence of any
pending charges, for (i) any felony, (ii) any offense involving use,
possession, distribution or intent to distribute illegal drugs or substances,
or (iii) any crime involving sexual misconduct.” The complete Code of
Conduct can be found on page 104-105 of the 2006 Rules & Regulations. The
National Board of Review and the Board of Directors will develop implementing
rules to determine which violations of Code of Conduct Section 303.3.4 will
result in total ineligibility for membership, probationary membership or other
restrictions, based upon the nature and severity of the crime and other
circumstances of the case (codifying how the National Board of Review handles
Section 304.3.4 violations currently).
Frequency of Screening
USA
Swimming members subject to screening 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 10/15/06 will expire on 10/31/08.) 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 Swimming 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
Cost
The
cost in the registration years 2007 - 2009 for the background screen required
by USA Swimming 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 payment only through the popular online
payment service PayPal.
Process
1) An individual subject to screening must go online
to the TC logiQ Web site (or connect through a link on the USA Swimming web site)
to initiate and pay for a USA Swimming Background Screen.
2) The requestor 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 Swimming screening criteria, the
applicant’s “Screening Status” on the TC logiQ Web site will reflect “Pending”. A
determination regarding membership eligibility will be emailed within 3-5
business days.
3) If the applicant passes screening, the result will be
updated to “Approved” on the TC logiQ Web site and be communicated
electronically to the USA Swimming SWIMS database. The expiration date for the
screening is reflected in the same manner as coaches’ safety certifications.
4) If the background screen returns a finding of a
potential disqualifier for membership, there is a process for review of the
accuracy of the information and/or appeal to an established National Board of
Review panel. If membership is not ultimately
granted, SWIMS will display no information.
Review & Appeals Process
In
the event that a background screening returns criminal information that the
applicant believes is not accurate, he or she will have the opportunity to
dispute that information with the provider. To protect the applicant, that
opportunity will precede any communication of information to USA Swimming HQ.
In
addition, there will be a hearing process - in compliance with Part 4 of the
USA Swimming Rules and Regulations but on an expedited basis at no additional
charge - before a National Board of Review panel 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 and
he/she then chooses to appeal the membership decision, USA Swimming will not be
privy to or store the information returned in a member’s background screen.
Nationwide Rollout for 2007
Upon
the successful completion and evaluation of an October pilot program involving
5 LSCs, a nationwide rollout for the new USA Swimming Background Screening
Program will be implemented for the 2007 membership year. This rollout could begin
during the fourth quarter of 2006. All 2007 members subject to background
screening must fulfill the requirement in accordance with a rollout schedule to
be approved by the Board of Directors, which rollout we anticipate will be
phased in over the first half of the year.