Designated Individuals to be Screened. Background check screening will be conducted on all adult participants (coaches, managers, volunteers and players, 18 years of age or older) of Junior and Senior American Legion Baseball teams, hereafter referred to as Designated Individuals.
Authorized Background Check Provider. All background checks for Designated Individuals will be conducted by the exclusive commercial vendor engaged by The American Legion National Headquarters to conduct background check screening of Designated Individuals, and is hereafter referred to as the Provider.
In addition to conducting background checks, the Provider provides screening and reporting of background check results in accordance with criteria established by the Organization. The Provider is responsible for complying with the Fair Credit Reporting Act, storage of information and records consistent with applicable laws, and maintaining confidentiality of information obtained through the background check process.
Applicability of Background Checks. Although a Designated Individual may have the ability to provide proof of a background check having been previously conducted through a source other than the Provider, background check screening as mandated in Resolution No . 17 NEC Oct. 2023, “Risk Management Mandates for National Youth Programs,” will still be conducted by the Provider in order to provide screening consistency and enhanced confidentiality.
Frequency of Background Checks. Background checks will be conducted on all Designated Individuals each baseball season prior to any meetings, events, practices or games that involve youth participants.
Level of Information to be Checked. To ensure that Designated Individuals are provided screening consistency and enhanced confidentiality, all background screenings conducted will include:
• Social Security Number verification and address history trace
• Alias names national search
• National criminal database search
• National sex offender registry search
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Costs Associated with Conducting Background Checks. The Organization will not fund or collect any costs associated with conducting mandatory background check screenings of Designated Individuals. Information regarding costs associated with conducting background check screening of Designated Individuals of Junior and Senior American Legion Baseball teams within a department must be obtained from the Provider. The Organization has negotiated with the Provider to ensure the best pricing possible without sacrificing the integrity or quality of their services
Background Check Disqualifying Criteria. Disclosure during a background check screening that contains one or more of any of the following disqualifying criteria will prohibit an individual from serving as a an adult participants (coaches, managers, volunteers and players, 18 years of age or older) of a Junior or Senior American Legion Baseball team:
1. Conviction of a felony
2. Conviction of a crime involving a minor, regardless of the offense
3. Conviction of a crime involving force or threat of force against a person
4. Conviction of a crime in which sexual behavior is an element; including “victimless” crimes of a sexual nature (including pornography)
5. Conviction of a crime involving controlled substances (not paraphernalia or alcohol)
6. Conviction of a crime involving cruelty to animals
7. Any sex offender registrant
8. Refusal to undergo background screening
An applicant will not be disqualified for a harassment or conspiracy conviction unless it is presented in the context of one of the already existing disqualifying criteria listed above.
Local ordinance violations are not considered a disqualifying criterion given their low-level of severity.
Findings. The Provider grades (adjudicates) and assigns either an “accept” or “reject” designator to a background check application from a Designated Individual. An “accept” designator means the background check of a Designated Individual does not contain disqualifying criteria previously set forth and that individual may have contact with youth participants of the American Legion Baseball team. A “reject” designator means the background check of a Designated Individual contains disqualifying criteria and that individual is prohibited from having contact with youth participants of the American Legion Baseball team. The Provider sends the results of their adjudication to the appropriate American Legion department that has been designated; a full copy of the report is not revealed to the American Legion department during that process. This system of reporting eliminates the need to disclose specific criminal history details to the American Legion department.
When a background check reveals there is a pending case or an active warrant for crimes involving the disqualifying criteria listed, the Provider will assign a “reject” designator. Doing so supports the Organization’s mandate of prohibiting an applicant from having contact with any youth program participants until such time completed legal adjudication is made and there is verification that an “accept” designator is then achieved.
Pre-Adverse Action Notice. The Provider has a system in which they are automatically aware that a “reject” designator has been reported for an individual. The Provider will email that individual a copy of their full report, along with a “Pre-Adverse Action Notice” and a copy of the Summary of Rights as mandated by the Fair Credit Reporting Act.
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At this point the Provider allows five (5) business days for the individual to contact them in order to file a dispute or request a recheck should the individual disagree with the outcome of the report. If contacted, the Provider will follow its normal re-check procedure and will send out an updated report, should one be needed at the completion of the recheck/dispute.
If an individual should ultimately deem that after re-check/dispute that the situation has been resolved, the individual at that time may submit a new application to the Provider in order to provide confirmation of an “accept” designator to their account manager.
If 5 business days pass with no communication from the individual, the Provider will then issue, via email, a final Adverse Action letter and a copy of the Summary of Rights to the individual. There is no report sent with this phase.
Initiating and Verifying Background Checks. Each American Legion department is urged to establish a system for oversight and management of background check screening for Designated Individuals of junior and senior American Legion Baseball teams that will best suit the needs of the department for: 1) initiating background checks of Designated Individuals; 2) conducting background check verifications of Designated Individuals; 3) assigning Verifier(s); and 4) managing costs. The Provider will discuss the management solution options they have available to help determine what will best suit the needs and available resources within a department
Verifications. During the online American Legion Baseball registration process the Organization will require acknowledgment that all Designated Individuals of a Junior or Senior American Legion Baseball team have been verified as having successfully passed the mandated background screening requirements. It is urged and recommended that the respective American Legion department and/ or Team Sponsor be assigned responsibility for conducting that verification (“Verifier”). The online registration process for American Legion Baseball will be unable to continue until such time the acknowledgment statement is checked off that all required background checks have been verified as successfully complete and an electronic signature of the verifier provided.
If during the background screening process it is revealed that a Designated Individual is charged with or has a case pending that involves any disqualifying criteria as previously set forth, that individual will be prohibited from having contact with the American Legion Baseball team until legal adjudication has been made and the screening has been confirmed/verified as successfully completed; it is strongly urged and recommended that the respective American Legion department and/or Team Sponsor assume responsibility for oversight of an appropriate disposition in this situation.
If information is acquired during the playing season that a Designated Individual may have sustained one of the disqualifying criteria in the intervening period after a required background check has been conducted, that individual will be prohibited from having contact with the American Legion Baseball team until accuracy of the information has been validated so as to ensure the protection of the youth participants; it is strongly urged and recommended that the respective American Legion department and/or Team Sponsor assume responsibility for oversight of an appropriate disposition in this situation.
A replacement or substitute for a Designated Individual at any time during the season cannot assume any duties until background check screening as mandated has been confirmed as successfully completed; it is strongly urged and recommended that the respective American Legion department and/ or Team Sponsor assume responsibility for oversight of an appropriate disposition in this situation.
The American Legion at any level may reserve the right to prohibit an individual from serving as a Designated Individuals of a Junior or Senior American Legion Baseball team if at any time it is deemed the individual is unfit to work with minors.
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Appeals. The Organization will not intercede if a Designated Individual has concern with the outcome of their background check report of findings; it is strongly urged and recommended that they be referred directly to the Provider for discussion.
Copies of Reports. Should an individual who receives an “accept” designator desire to receive a full copy of their background check report, that individual should directly contact the Provider to make that request and pay the fee associated with doing so since the routine release of a full report is not an obligatory requirement of the contractual agreement established between the Organization and the Provider.
There are three ways an individual may request a copy of their background check report from the Provider:
1. Fax: By faxing a request letter to 800-319-5582
2. Email: By emailing a request to support@protectyouthsports.com
3. Mail: By mailing a request letter to: Protect Youth Sports Compliance Department, 14499 N. Dale Mabry Hwy, Suite 201S, Tampa, FL 33618
The following information should be included with each request:
• Full name
• Social Security Number (do not provide if sending via email)
• Daytime phone number
• Copy of driver license or photo ID (please enlarge and ensure copy is clear and legible)
• Secondary form of ID
• Report ID (if available)
• Mailing Address. (Please note: the report will be sent certified mail)
• Signature
Removal from Record. As a possible recourse, individuals may independently seek having disqualifying criteria removed from their record through legal or governmental avenues. This may not always be an option, but if an individual can have disqualifying criteria removed from his/her record and then achieve an “accept” designator through background screening with the Provider, they may then be considered qualified to serve as a Designated Individual for American Legion Baseball.