Background Check Policy
MASSACHUSETTS YOUTH LACROSSE
BACKGROUND CHECK POLICY
Purpose
Massachusetts Youth Lacrosse (MYL) is committed to the safety of all individuals who participate in its programs or events, including without limitation minors and vulnerable adults. To help protect these individuals, MYL requires that anyone who wants to volunteer with or become an employee of MYL or participate in a MYL event or program, undergo a criminal background check and sex offender registries. This Policy contains information about MYL’s background check program and describes the process used by MYL to evaluate criminal background checks.
Policy Statement
I. Application
A. This policy applies to the following individuals (collectively, the “Subjects”):
1. MYL employees and individuals MYL formally authorizes, approves, or appoints to (a) serve in a position of authority over or (b) have regular contact with athletes.
2. Coaches, assistant coaches, or personal care assistants who are funded, have a contractual obligation with, or are credentialed by MYL, or otherwise have regular contact with MYL athletes. All other individuals listed in the (MYL Athlete Safety Policy) as “Adult Participants.”
3. All athletes and alternates, training partners, and guides age of majority or older who are selected by MYL to participate in MYL Events. Individuals referenced in this subsection shall have 45 days after reaching the age of majority), to come into compliance with this background check policy. An “MYL Event” is any MYL sanctioned activity.
4. Individuals who have regular contact with athletes at MYL Training Sites. An “MYL” Site is any facility/location that is formally affiliated with MYL and used by MYL or its athletes for competitions and/or training, recovery, or coaching purposes.
5. Other individuals who have regular contact with athletes, or who have one on one access to athletes, as determined by MYL, in its discretion.
II. Timing:
A. A criminal background check covering a Subject utilizing the background check components set forth in Section VII (“Background Check Components”) will be completed prior to the Subject’s commencement of a new role at SA, or prior to the Subject’s participation in an MYL Event. Thereafter, a criminal background check covering a Subject utilizing the Background Check Components will be conducted every two years for as long as that individual qualifies as a Subject.
III. MYL Sites
A. MYL Sites will require criminal background checks that utilize search components set forth in Section VI (“Background Check Components”) for individuals the MYL Sites formally authorize, approve or appoint (a) to serve in a position of authority over athletes, or (b) to have regular contact with athletes. Upon MYL’s request, the SA Sites must provide certifications to establish that the mandated background checks were conducted in accordance with this Policy. For purposes of clarification, an MYL Site shall be regarded as having formally authorized, approved or appointed an individual in instances where the MYL Site has control over the authorization, approval or appointment process.
IV. Media
A. Individuals affiliated with the media, who are authorized or credentialed by MYL to access an MYL Site or attend an MYL Event, and may have unsupervised one-on-one interactions with athletes, will be required to undergo a criminal background check utilizing the Background Check Components.
V. Third-Party Vendors/Contractors
A. Contracts with third-party vendors/contractors that are (a) in a position of authority over or (b) in regular contact with athletes must include the background check requirements set forth in this Policy. The contracts shall also specify that certification must be provided by the vendor/contractor upon request by MYL to establish the mandated background checks were conducted in accordance with this Policy.
VI. Partner Programs
A. When partnering with community organizations for events, MYL shall ensure that the partnership agreements include language regarding background check requirements. The agreements shall also specify that certification must be provided by the community organization upon request by MYL to establish that the mandated background checks were conducted in accordance with this Policy.
VII. Background Check Search Components
A. CORI Check
B. SSN ID Search
C. JDP National Criminal Search
D. JDP National Sex Offender Records Search
VIII. Eligibility Determinations.
A. MYL Background Checks: Any criminal background check that is obtained pursuant to the terms of this Policy that results in a report of a disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, for any of the below criminal offenses will be subject to MYL’s policies and procedures to determine eligibility:
1. Any felony.
2. Any misdemeanor involving:
a. All sexual crimes, criminal offenses of a sexual nature to include but not limited to; rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, indecent exposure, public indecency, and any sex offender registrant;
b. Any drug related offenses;
c. Harm to a minor, including, but not limited to, offenses such as child abandonment, child endangerment/neglect/abuse, contributing to the delinquency of a minor, and DUI with a minor;
d. Violence against a person (including crimes involving firearms and domestic violence);
e. Stalking, harassment, blackmail, violation of a protection order and/or threats;
f. Destruction of property, including arson, vandalism, and criminal mischief; and
g. Animal abuse or neglect.
IX. Background Check Process.
A. When a criminal background check is obtained, MYL will evaluate the results of that criminal background check pursuant to MYL’s policies and procedures to determine whether the Subject receives a “declined” or a “cleared” status.
1. If a Subject receives a cleared status, the criminal background check results did not contain information that disqualifies the Subject from volunteering with or becoming an employee of MYL, or participating in an MYL Event.
2. If a Subject receives a declined status, the criminal background check results did contain information that disqualifies the Subject from volunteering with or becoming an employee of MYL, or participating in an MYL Event.
B. If a criminal background check results in a declined status, then the Subject who has received that declined status may be able to appeal MYL’s determination by filing a grievance pursuant to MYL Background Check Appeals Process, which can be found at the following URL:
XXXXXXXX
Subjects who wish to file such a grievance should contact MYL at the following email address: kevin.barney@massyouthlax.org