Types of Background Checks on Volunteers

This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!

By

John Sadler, Sadler & Company, Inc.

Part III– 3rd Party Vendor Checks

This is Part III of a 4 part series about the types of background checks and their importance when using volunteers. An authority in the field of sport insurance, John discusses four types of background checks: 1) sexual offender registry checks, 2) local law enforcement criminal background checks, 3) 3rd party vendor checks, and 4) FBI checks.

Third Party Vendors

Various third party vendors offer criminal background checks on a fee basis that range from “do it yourself” low cost national database checks to “full service” higher cost multiple source checks with Social Security Number verification, address trace, and other add ons.

Before choosing a third party vendor, you need to access the cost and services based on the following basic criteria:

  1. Cost – Ranges from $2.50 to $23.00 per volunteer to be checked based on which one of the below services are provided.
  2. Your Administrative Time Required Per Volunteer – Varies per vendor. Some vendors require you to input data (name, addresses, SSN) into their internet screens and to retrieve results. The “do it yourself” model can take several minutes of administrative time per volunteer. On the other hand, other vendors may simply require that you fax the signed volunteer applications (which collect the appropriate information) and they handle all input and retrieval of results.
  3. Waiting Period To Receive Results – Most vendors take up to five days to receive results unless a national database is the only source that is to be checked. Results from a national database search can be instant.
  4. Social Security Number Verification – This check is used to verify the identity of the applicant. A match between the name that is provided on the application and the name that is on file for the Social Security Number that was provided on the application protects against the applicant’s providing a wrong Social Security Number in order to evade a background check.Note: Even if a Social Security Number is not received, it is still possible to run a criminal background check based upon a name, date of birth, and county of residence.
  5. Address Trace – Verifies addresses listed on the volunteer application over the past 7 years with database records as a basis for determining the best sources of records to search for a particular location or court jurisdiction.
  6. Social Security Number Address Trace – Pulls prior addresses from public records with utility companies and credit card bureaus that have the applicant’s Social Security Number on file. This service provides an independent source to verify past addresses that may not be listed on an application.
  7. Intelligent Choice Of Sources To Be Searched – Based on the prior addresses indicated in 3. or 4. above, the third party vendor can make an intelligent choice of which county courthouse records should be searched based on the most recent and/or longest county of residence.
  8. Single County Courthouse check – Many vendors will send a researcher to check for criminal records in the county courthouse or courthouses where the applicant has lived most recently and/or for the longest period of time.
  9. National Database Check – A number of national sources have negotiated agreements with a large percentage of counties and state databases throughout the US to collect criminal background records by electronic means. National databases collect a huge number of records on a national level to help detect predators and other criminals that move from one state to the next. However, many experts believe that they should not be the only source of a background check since many counties and some states refuse to share their information and those that do share information may update records with a 60 day lag time.Some vendors access multiple national databases when running a criminal background check to help offset the reliability problems with any single national database.
  10. Sexual Offender Registry Checks (SOR) – An additional search may be provided based on a national database that combines records from all 50 state sexual offender registries.
  11. Terrorist Database Check –
  12. Fair Credit Reporting Act (FCRA) Compliance – Compliance with the FCRA requires the following steps to be taken:
    • Obtain a signature from the volunteer authorizing the criminal background check to be performed. (This authorization should be a part of the Volunteer Application).
    • Those volunteers who are to be disqualified based on their background check must receive a copy of the background check report, the “Summary Of Your Rights Under The FCRA” document, and a written communication that they have been disqualified based on their background check.Failure to comply with the FCRA can result in civil penalties and liabilities for the individuals within the sports organization administering the criminal background checks. This liability can be shifted to the third party vendor if they offer the FCRA compliance service.
  13. First Offender Act Compliance – Third party vendors can offer an additional service to filter out any criminal record that is protected under the First Offender Act. Failure to comply can result in civil liabilities for the individuals within the sports organization administering the criminal background checks.
  14. Disqualification Decision: Green Light / Red Light – Some third party vendors will provide the additional service of determining whether the volunteer is disqualified based upon your predetermined disqualification criteria (the vendors can assist with the development of these criteria on your behalf). Transferring the disqualification decision to the third party vendor shields the sports organization and its administrators from liabilities arising out of a mismatch between the volunteer and the record received, improper interpretation of the nature of a criminal record and resulting wrongful disqualification decision, FCRA compliance, First Offender Act Compliance, and potential slander actions resulting from intentional or accidental release of confidential information.

Please note that the potential liabilities for these mistakes are outweighed by the potential liability for not making a reasonable attempt to screen out unsuitable volunteers.

John Sadler is president of Sadler & Company, Inc., an insurance agency that specializes in sports and recreation insurance in all 50 states. Sadler has over 25 years of experience and is a licensed attorney, sports insurance expert, and sports risk manager. For more information on sports insurance and sports risk management, visit www.sadlersports.com and click on the links to the blog and risk management reports/forms/videos.

Photo Credit: Jp Corkery