USA Cycling Criminal Background Check Policy

  
  


Background Information:


It is an unfortunate truth that our world has become increasingly risky for our nation’s youth.  Whereas most individuals involved with youth and youth sports have altruistic intentions, conversely, some individuals have very harmful intentions.  These ill-intentioned individuals frequently seek out environments that grant them access to youth, such as after school activities, mentoring programs and sports.  Therefore, it is incumbent upon youth-serving organizations to take a proactive approach to protecting youth from these harmful people.  Parents also deserve reassurance that when their children are under the supervision of another adult, the organization responsible for that adult has taken reasonable steps to determine that the individual is worthy of those responsibilities.

Providing a safe environment and protecting youth engaged in cycling activities is of the utmost importance to USA Cycling. USA Cycling, its Local Associations (LAs), clubs and other affiliates not only have a professional and moral responsibility to provide a safe environment for its members during sanctioned activities, but also a legal responsibility.  State and federal courts have determined that associations and clubs can be held legally liable for misconduct or abuse that can be connected to their sanctioned events.  For the aforementioned reasons, USA Cycling has adopted the following expansions to its criminal background check (CBC) process:


1. Introduction

 A criminal background check (CBC) is one tool USA Cycling utilizes to safeguard youth participants.USA Cycling has implemented a CBC policy and process to ensure that its members are afforded a safe environment in which athletes can pursue their athletic goals and to make certain that it has acted in good faith to be in compliance with all recommended guidelines for the protection of athletes by non-profit organizations.
 
Please note, CBCs do not guarantee incidents of abuse or molestation will not occur, rather CBCs are utilized as a preventative risk management tool.
 

2. Individuals requiring CBCs

 
USA Cycling shall require biennial CBCs on the following participants to help ensure a safe and secure environment for participants and to protect against financial malfeasance.
 
The following individuals are required to complete a CBC and are responsible for the associated cost:
 
  • USA Cycling Staff*
  • USA Cycling licensed Coaches and Officials
  • UCI Support License categories:
    • Managers
    • Sports Directors/Assistant Sports Directors
    • Soigneurs/Trainers
    • Team Doctors
    • Coaches (Must be a USA Cycling Licensed Coach)
  • Collegiate Conference Directors*
  • LA Presidents and other members identified by the LA where the LA formally authorizes, approves or appoints
    • (a) to a position of authority over, or
    • (b) to have frequent contact with athletes.
  • Independent contractors USA Cycling formally authorizes, approves or appoints
    • (a) to a position of authority over, or
    • (b) to have frequent contact with athletes.
 
*USA Cycling Staff and Collegiate Conference Director CBCs are currently paid for by USA Cycling.
 

3. Individual Self-Registration Procedure

 
For current information on how to self-register for a CBC through NCSI, please visit our criminal background check procedures page.       
 

4. Authorized CBC Organization

 
The National Center for Safety Initiatives (NCSI) shall be the only authorized search organization that performs CBCs for USA Cycling.NCSI is a full-service screening organization that works in accordance with the recommended guidelines established by the National Council on Youth Sports (NCYS).NCSI operates as an independent company but is owned and governed in partnership with NCYS.
 
In addition to conducting the CBC, NCSI is responsible for interpreting the search results, communicating with the applicant regarding the search results, and reporting to USA Cycling a determination based on the search results.NCSI will also be responsible for complying with the Fair Credit Reporting Act and maintaining the confidentiality of information obtained in the CBC process.
 

5. Information to Be Checked

 
All individuals checked by NCSI for USA Cycling will undergo a CBC that includes:
 
  • Two national criminal database searches
  • Two sex offender registry (SOR) database searches
  • Social security number verification
  • Address history records
  • Office of Foreign Assets Control (OFAC) federal courthouse database searches
  • Non-database search  of county criminal records in the jurisdiction of longest residence in the past five years
 

6. CBC Findings

 
NCSI will issue results to the applicant and USA Cycling based on a “Red Light/Green Light” determination system.A “Green Light” or “Meets the Criteria” finding indicates an individual is suitable for participation in USA Cycling with regard to the CBC.A “Red Light” finding means the individual “Does Not Meet the Criteria” and is not suitable for participation in USA Cycling with regard to the CBC.If NCSI has questions concerning a CBC, the applicant will be contacted by NCSI and provided the opportunity to correct potential errors in the applicant’s record or provide additional information prior to issuing a “Red Light”.In such situations, USA Cycling may also be notified.
 

7. CBC Procedures

 
NCSI shall notify USA Cycling of “Green Light” and “Red Light” findings.Upon receiving notification of a “Red Light” finding, USA Cycling will deny or discontinue the identified person’s membership with USA Cycling.
 

8. CBC Criteria

 
A conviction, pending charge, record or disclosure that contains the following information will be flagged as a “Red Light” or “Does Not Meet the Criteria”:
 
  • Any Felony (any crime punishable by confinement of greater than one year)
  • Any lesser crime involving force of threat or force against a person
  • Any lesser crime of a sexual nature or classified as a sex offense including but not limited to “victimless” crimes of a sexual nature such as prostitution, pornography,  indecent exposure; and crimes in which sexual relations is an element
  • Any lesser crime involving controlled substances (not including paraphernalia or alcohol) within the past ten (10) years
  • Any crime involving cruelty to animals
  • Any DUIs in the past one (1) year or two (2) or more DUIs in the last ten (10) years
  • Any sex offender registrant
  • Any lesser crime involving harm to a minor
  • Any lesser crime involving financial misappropriation including but not limited to, embezzlement, fraud, extortion, and theft within the past ten (10) years
  • Any individual currently sanctioned with the United States Anti-Doping Agency (USADA)
 

9. CBC Review Panel

 
Should an individual contest the content of a record provided to the individual as part of the USA Cycling CBC, the individual may seek an appeal of the record with NCSI pursuant to the Fair Credit Reporting Act.
 
There is no appeal process for an individual wishing to contest a USA Cycling decision to deny membership or participation based on a “Red Light” finding resulting from the CBC.
 

10. Recommendations and Requirements for Local Associations and Clubs

 
USA Cycling strongly encourages its Local Associations (LAs) and clubs to adopt and comply with policies consistent with each state’s applicable laws relative to the detection of child abuse and persons involved in criminal offenses of a sexual or other nature or that could expose minors to a risk to their health or safety.
 
USA Cycling is helping our members create safe environments by instituting these CBC requirements.While our members’ clubs and organizations are not operated by USA Cycling, and USA Cycling does not control their activities, we provide information about various safety related actions which may be available to our members, and encourage our members to use these resources.
 
Local Associations
 
Effective during calendar year 2014, USA Cycling requires all Local Associations to create or adopt a CBC policy.LAs are encouraged to adapt and adopt the existing USA Cycling CBC Policy; if drafting its own, USA Cycling highly recommends each LA confer with USA Cycling’s Risk Protection Manager.
 
Furthermore, LAs shall require a biennial CBC be completed for the President/Executive Director (or similar position) and any person that is formally authorized, approved or appointed by that LA (a) to a position of authority over, or (b) to have frequent contact with athletes.For purposes of clarification, a LA is considered to formally authorize, approve or appoint an individual in instances where the LA has control over the appointment process.All persons holding the positions identified by the LA as being in need of a CBC must comply with and follow the USA Cycling Criminal Background Check Procedures when completing their CBC.
 
Clubs
 
USA Cycling highly recommends each club, especially clubs with a junior component, examine their club’s needs for CBCs and create or adopt a CBC policy and procedure in accordance with the standards USA Cycling has set forth.Clubs are welcome to adopt and adapt the existing USA Cycling CBC Policy; if drafting its own, USA Cycling highly recommends each club confer with USA Cycling’s Risk Protection Manager.
 
Furthermore, it is highly encouraged for clubs to require a biennial CBC be completed for the Coach or Team Director (or similar position) and any person that is formally authorized, approved or appointed by that club (a) to a position of authority over, or (b) to have frequent contact with athletes.For purposes of clarification, a club is considered to formally authorize, approve or appoint an individual in instances where the club has control over the appointment process.All persons holding the positions identified by the club as being in need of a CBC must comply with and follow the USA Cycling Criminal Background Check Procedures when completing their CBC.

Related Article:
Criminal Background Check Procedures


This Article Published August 29, 2013 For more information contact:
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