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Volunteer Application
Safety of players is of utmost importance at all levels within the AABC from local
games and practices to the World Series tournament. When we think of safety in sports,
we tend to think of prevention of sports-related injuries. As outlined in a statement
from USA Baseball's Medical & Safety Advisory Committee, baseball organizations
also need to be aware of the threat of sexual abuse from pedophiles who seek out
amateur sports organizations as a means to access kids. The AABC strongly encourages
all AABC leagues to review the information provided in USA Baseball's statement
on "Sexual Abuse in Youth Baseball" included on our web-site and to implement the
suggested risk management practices.
In the past, volunteer screening rested primarily with "interviewing" candidates
and checking references (in many cases informally). Today, technology has provided
new tools that enable us to check potential volunteers against state sex offender
registries and even to check an individual's criminal history. The AABC strongly
encourages teams and leagues to utilize the tools that are available today to screen
volunteers who interact with players on a regular basis or who have the opportunity
to form a relationship of trust or supervision with players. It is primarily this
type of interaction that provides an opportunity for a pedophile to abuse a player.
By checking state sex offender registries or performing a criminal background check,
we can help eliminate the opportunity for a convicted sex offender to use our programs to gain access to kids.
NEW INSURANCE REQUIREMENT
Effective January 1, 2006, in order for sexual abuse/molestation coverage to apply
to a team or league, the AABC liability insurance program requires the team or league
to check certain volunteers against the state sex offender registry in the state
in which the prospective volunteer currently resides. Specifically, the policy indicates
that sexual abuse/molestation coverage will apply only for:
"American Amateur Baseball Congress
(AABC) insured member teams that confirm (and
can provide documentation of such upon request) that managers, coaches, and volunteers
for whom the team has made arrangements to accompany and supervise players during
an overnight trip are not on the state sex offender registry in the state in which
they currently reside (unless a state does not have an electronic sex offender registry
available) at the time they become AABC managers, coaches, chaperones, or volunteers
during the policy period.
AABC insured leagues that confirm (and can provide documentation of such upon request)
that managers, coaches, and volunteers for whom the league has made arrangements
to accompany and supervise players during an overnight trip are not on the state
sex offender registry in the state in which they currently reside (unless a state
does not have an electronic sex offender registry available) at the time they become
AABC managers, coaches, chaperones, or volunteers during the policy period."
In the event of a sexual abuse/molestation claim, the team or league will need to
provide evidence that the team or league, prior to allowing the volunteer to serve,
confirmed that the individual was not on the sex offender registry. This requirement
does not affect teams and/or leagues that do not participate in the AABC insurance
program. However, while the AABC does not have the authority to require teams and
leagues to conduct volunteer screening, the organization strongly recommends that
all AABC teams and leagues implement and enforce a volunteer screening policy.
To assist you in the process, the AABC is providing on-line access to state sex
offender registries (and the national sex offender database that is being developed
by the federal government). The registries can be accessed by clicking on the appropriate
link for your state by using the AABC's risk management and insurance resource located
on American Specialty's web-site at www.amerspec.com/aabc (click on "State and Federal
Sex Offender Registries" under the Risk Management heading).
The following questions and answers are intended to provide teams and leagues with
information on the steps that need to be taken and records that need to be maintained
if they wish to have coverage for sexual abuse/molestation for claims that could
occur now or in the future.
Q. When and how often must the volunteers be checked in order to have sexual abuse/molestation
coverage?
A. In order for the team/league's abuse/molestation coverage to apply, volunteers
must be checked prior to volunteering each year. In the event the volunteer position
is a year-round position, the individual must be checked at least once each year.
Q. What information about the volunteer is needed in order to check the state sex
offender registry?
A. This varies by state. The most common requirement is the person's first and last
name and address information (might be city, zip code, county, etc.). Other requested
information may include date of birth, age, gender, and/or physical characteristics.
Although the site might allow you to enter information in all the fields, you are
not necessarily required to complete all the fields to conduct the check. The most
thorough way to check the registry is to provide the minimum information allowed
and then review the results to determine if the individual appears on the list.
You will need to familiarize yourself with the search criteria for each state database
you may be searching and then secure the necessary information to conduct a check.
Q. How should we obtain the information needed to conduct the check?
A. The AABC has developed a standard volunteer application that requests the information
needed to conduct the check in the majority of states. However, if you find there
is additional information you should capture to conduct the best check in your state
(or you need to customize the application for other team/league-specific business),
you may modify the standard application to best suit your needs. The AABC volunteer
application can be found on the AABC's web-site or at www.amerspec.com/aabc.
Q. Do we need to have the volunteer's permission in order to see if his or her name
is on the sex offender registry?
A. Technically, it is not necessary to have the volunteer's permission to see if
he or she is on the sex offender registry. The registries are public information
and have purposefully been made easy to access by the general public without obtaining
consent. This is different from a criminal background check which may entail a different
standard with respect to securing the prospective volunteer's permission.
Regardless, if your team/league will be conducting checks, the AABC believes it
is good practice to inform prospective volunteers that they will be checked against
the state sex offender registry. To this end, the AABC standard volunteer application
contains a statement regarding the AABC's volunteer screening program.
Q. What is the best way to do a thorough review of a state sex offender registry?
A. Each state's sex offender registry is unique, including the way it is searched.
As a general rule, it is better to make your search broad than to make it narrow.
This ensures you have not missed a match as a result of a technicality (such as
a middle initial). For example, if the search criteria allows you to enter first
name, last name, date of birth, and city, but it also allows you to search by last
name only, enter only the last name and then scroll through the list to see if there
appears to be a match. If there does appear to be a match, you can then do further
due diligence to determine if the person in question is really the person seeking
to volunteer for your team/league. Many state sex offender registries include photos
which will help you determine if you have the correct person.
In any instance where there appears to be a match, it is important that you confirm
you have the correct person. Most state sites provide information on who to contact
if you have questions. Or, contacting law enforcement directly is an option. In
cases where photographs are provided, the process of determining if there is a match
is relatively straightforward.
To reiterate, it is best to conduct as broad a search as possible to ensure you
have not missed anything. You can also consider doing an additional check (such
as by zip code rather than name) to be on the safe side. Results are instantaneous
so doing multiple searches is not much more time-consuming. As you will be working
primarily with one or two state's web-sites (and possibly the national sex offender
registry), we suggest you spend time familiarizing yourself with how the web-site
works prior to conducting a check for prospective AABC volunteers. Most web-sites
are user friendly, and it will only take a few minutes to familiarize yourself with
the search criteria and how results are reported.
Q. Can we use the national sex offender registry instead of the state-specific registry?
A. At this time, a national sex offender registry does not satisfy the insurance
requirement, but the AABC strongly encourages you to conduct a check of both. Also,
in the states of Oregon and South Dakota which do not currently have accessible
state sex offender registries, teams/leagues should conduct a national check using
the national sex offender registry. At some point, the requirement may change from
using the state sex offender registry to using the national sex offender registry.
However, it cannot be used in place of the state check today because the national
registry is still under development, and we have identified instances where individuals
listed on state sex offender registries do not appear on the national registry.
The benefit of the national search is that you can enter last name only and find
matches from across the country. If someone lives in your state but is registered
in another state, he or she will come up on the national check whereas he or she
would not appear on the state-specific registry.
As indicated, at this time we recommend you conduct the national check in addition
to the state check. This additional check is free, takes little time, and is an
additional measure to help protect players in the AABC.
By the end of this year, the national registry is supposed to be complete, and the
insurance requirement will be reviewed in light of any notable developments.
Q. Assuming we do a national sex offender registry check in addition to the state
check, what is the best way to conduct the search?
A. In order to conduct the broadest search possible, enter the individual's LAST
NAME and FIRST INITIAL ONLY. Do not put any other information as this limits the
search. If you enter address information, for example, you will not get a true national
check. Once you have entered the individual's last name and first initial, click
the "National Search" button and then click the "National Search" check box. Then
click "Search." The results will include all individuals with the last name and
first initial you entered who are registered in any state currently reporting to
the national registry. In some cases, this may yield a very long list.
As a result of common names, it is very possible the name you are searching will
appear on the list, but not be the person you are checking. One important benefit
of the national sex offender registry is that it provides photos of those on the
registry to help with proper identification. It is critical, if you think you have
a match, to take appropriate steps to confirm that the person on the list is actually
the person you are checking.
If you believe the individual you are checking is a registered sex offender, the
AABC recommends that you immediately contact the National Center for Safety Initiatives
(NCSI) to verify the information and provide a more detailed check of the individual's
history. NCSI will help you through the process and provide the following important
services:
- Collection of personal data needed to conduct the check (so you are not in a position
of having to protect the information);
- Identity verification to make sure you have the right person;
- Detailed national background check that is much broader than the sex offender
registry check;
- Assistance with notifying the volunteer of your decision if he or she is not eligible;
- Management of the legally required appeals process if the individual believes
the information received through the check to be inaccurate.
NCSI is available to discuss volunteer screening with AABC teams and leagues and
is a resource you may wish to engage to conduct screening for all volunteers rather
than trying to manage the process on your own. The team/league is responsible for
any fees associated with services provided by NCSI.
To contact NCSI, call (866) 833-7100.
Q. What is the best way to maintain evidence that we have conducted the required
check against the state sex offender registry?
A. The best method for maintaining evidence that you have conducted the required
check is to do a screen print. You would need to print the screen from the state
sex offender registry that you used to determine the individual was not on the registry.
Since each state's registry is unique, the type of screen you print will vary by
state. For example, in some states, you can print out the page that shows the name
you searched along with a "no records match this entry" comment. In other states,
you would need to print the list of names where the individual would have appeared
in alphabetical order to show that the individual's name is not on the list.
If the list is too long to print, consider doing a broad search first (last name
only whenever possible) to make sure the individual is not on the list. Once you
have confirmed this, you can narrow the search criteria in order to identify a page
that shows the individual is not on the registry without having to print the entire
list as evidence of having conducted the check.
It is critical that you make sure the screen print shows the date you printed it.
If you are not able to print a screen that includes the date, sign and date the
page so you will have a record that shows the date you conducted the check. Also,
if you print a "no records match" screen, you must make sure the screen includes
the name of the person for whom you searched.
Q. If we conduct a criminal background check (as opposed
to checking the sex offender
registry), does that satisfy the insurance requirement?
A. Criminal background checks vary widely in terms of the information they encompass.
A criminal background check will generally include a more thorough check of an individual's
background, and as such, the AABC encourages teams/leagues to investigate the option
of conducting criminal background checks on prospective volunteers. To ensure that
the criminal background check meets the insurance requirement, the team/league would
need to confirm with the criminal background check provider that the criminal background
check includes a check against the state sex offender registry in the state where
the prospective volunteer currently resides. In many cases, the criminal background
check will encompass a check of the sex offender registries of all states which
is beneficial because it provides a broader search and could identify someone who
is listed on a sex offender registry in another state. Criminal background checks
are also beneficial because they provide information on other crimes that your team/league
may wish to deem as disqualifying criteria for a volunteer. In addition, a criminal
background check may reveal a conviction for sexual abuse/molestation by someone
who is not listed on the state sex offender registry (as many registries rely on
self-reporting and updates by the perpetrator of the crime).
Q. Who is the best person to conduct the screening?
A. Your team/league will need to determine the individual who is best positioned
to conduct a check of all prospective volunteers. The individual should be someone
who will always be aware of prospective volunteers and who has the ability to access
the internet anytime a new volunteer needs to be checked. As insurance coverage
is dependent upon providing evidence that the appropriate checks have been conducted
(and it is possible a claim may not arise until several years have passed), the
individual you select should be one who is good at record keeping. Someone who is
committed to the team/league on a long-term basis would also be beneficial.
If the individual who conducts the check is also subject to having a check completed
(such as a coach), an individual other than the person in question should conduct
the check and print the required evidence of having conducted the check.
Q. How long must we maintain evidence that checks have been completed?
A. Since the AABC works with minors, and a claim for a crime such as sexual abuse/molestation
may be made many years in the future, the team/league must plan for long-term maintenance
of evidence that checks were conducted. One rule of thumb would be to maintain the
evidence until the statute of limitations has passed for any of the players on the
team (generally until the players reach the age of 18 plus 3 to 5 years depending
on the state). A potential factor that might point toward longer maintenance of
the evidence is a move by some states to eliminate the statute of limitations with
respect to lawsuits alleging sexual abuse/molestation. The AABC recommends your
team/league consult with local legal counsel to discuss this issue.
Q. What should we do if it appears that one of our prospective volunteers is on the
sex offender registry?
A. Any prospective volunteer found to be on the sex offender registry should be
precluded from beginning any type of volunteer activities on behalf of the team/league.
The AABC national office should be notified immediately.
At the same time, it is absolutely crucial that the person conducting the check
take several
measures:
- Confirm that you have the correct person. This may require you to obtain additional
identifying information from the prospective volunteer and to contact law enforcement
to make sure this is not a case of misinformation or incorrect identity. Many people
share the same name, and confirming you have the right person is very important.
- Maintain confidentiality surrounding the situation. If a team/league official
needs to be notified in order to ensure the individual does not volunteer, this
person should be notified. However, individuals who do not have a direct role in
keeping the individual out of the AABC program should not be notified. In any cases
where you are unsure as to who should know, it should be discussed with the AABC
national office so that the appropriate professionals can be consulted. This helps
protect the team, league, individual who conducted the check, and the AABC from
potential liability.
- Notify the individual in writing that he or she is not eligible to serve as a
volunteer in your team/league based on the AABC's policy that precludes participation
by registered sex offenders. Provide the individual with the name of a person to
contact if he or she feels this is a case of mistaken identity. Make sure the team/league
has a method for investigating the situation if the person indicates there has been
a mistake. This may include gathering additional information about the individual
and discussing with local law enforcement.
As indicated above, if you believe one of your potential volunteers is on the sex
offender registry, the AABC recommends you immediately contact the National Center
for Safety Initiatives (NCSI) to verify the information and provide a more detailed
check of the individual's history. NCSI will help you through the process and provide
several important services (outlined above). To contact NCSI, call (866) 833-7100.
Q. Could a team, league, or individual have potential liability if we make incorrect
information public about a potential volunteer?
A. Yes, any time you decide not to allow an individual to volunteer for the AABC
as a result of volunteer screening, there is potential liability. This is why it
is extremely important to make sure you have accurate information before you make
a decision. It is also why you should treat information as sensitive information
and recognize the potential adverse consequences to someone's reputation if you
wrongly identify them as being a registered sex offender. There are resources available
to help you confirm the information you have received by checking the state sex
offender registry (such as local law enforcement and links provided on state sex
offender registry sites). As indicated above, the National Center for Safety Initiatives
(866-833-7100) is an organization that exists specifically to assist teams and leagues
in this process and to help reduce potential liability for the team, league, and
individual volunteers conducting screening.
Q. Who needs to be screened in order to comply with the insurance requirement for
sexual
abuse/molestation coverage?
A. The insured team/league must check each manager, coach, and volunteer for whom
the team/league has made arrangements to accompany and supervise players during
an overnight trip. The team/league does not need to check every parent who accompanies
his son on an overnight trip, but must check any parent or other individual who
the team/league has asked to accompany the team for the purpose of supervising players
other than the individual's own child.
Q. What's the best way to access the state and federal sex offender registries?
A. American Specialty has developed an internet site to provide a customized insurance
and risk management resource for AABC leagues and teams. This site can be utilized
to purchase insurance, request a certificate of insurance, report a claim, view
policy information, and access the state and national sex offender registries. To
access this site, go to www.amerspec.com/aabc. To find the registries, click on
"State and Federal Sex Offender Registries" under the Risk Management heading. Once
on the site, click on the state you wish to access or the National Sex Offender
Public Registry link depending on which you wish to search.
Q. Are there states where the general public cannot access an electronic sex offender
registry?
A. Oregon and South Dakota currently do not have state sex offender registries that
can be accessed electronically by the general public. In addition, in Wyoming, several
counties are not reflected in the state sex offender registry. Therefore, it is
strongly recommended that teams/leagues in these states utilize the national sex
offender public registry to conduct a national check of prospective volunteers.
The following sample volunteer application can be used by teams/leagues to gather
the information necessary to conduct a check against the state sex offender registry.
The application also contains release of liability language that will further protect
teams/leagues from claims relative to the screening porcess. The form may be modified
to fit the individual needs of each team/league.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Team Name:_____________________________
League Name:___________________________
First Name:______________________________
Middle Name:____________________________
Last Name:______________________________
Maiden Name:____________________________
Address:________________________________
_______________________________________
Phone: ( )_______________________________
Email:__________________________________
Birth Date:______________________________
I certify that to the best of my knowledge the information provided
above is true
and complete. As part of my application to volunteer for a AABC team or league,
I give my permission for the team, league, or national office to obtain information
relating to my criminal history record, if any, and my motor vehicle driving record.
This may include a review of the state sex offender registry in states where I reside
or have resided. I understand that this information will be used, in part, to determine
my suitability for a volunteer position and that as long as I remain a AABC volunteer,
the criminal history records check and motor vehicle driving records check may be
repeated any time. Upon my request, I will have an opportunity to review any criminal
history or motor vehicle driving records obtained.
I WAIVE, RELEASE, AND DISCHARGE the AABC, its leagues, teams, officers, directors,
employees, volunteers, agents, and representatives from any liability for all damages
and losses of whatever kind or nature that may result in connection with conducting
a criminal history records check or motor vehicle driving records check on me.
I understand that my volunteer service can be modified or terminated at any time
with or without notice or cause at the option of the AABC, its teams or leagues,
or at my option. Also, the AABC, its teams or leagues may, at their sole discretion,
decline to accept my application to volunteer with or without cause.
In signing this application, I have read and understand the foregoing information,
and I agree to the stated terms.
Volunteer’s Signature:_______________________________
Date:_____________________________________________