Criminal Background Check Policy

AYSO’s Criminal Background Check Policy

Since January 1, 2001, all American Youth Soccer Organization (AYSO) Regions, Areas, and Sections are required to comply with the AYSO policy on criminal background checks. AYSO acts as the criminal background requesting entity unless specific arrangements have been approved in writing by the AYSO National Executive Director.

Any person wishing to volunteer in AYSO must complete an AYSO Volunteer Application Form in AYSO’s official member registration system each year, submit an esigned copy to the Region and consent to a criminal background check. The application form includes a Criminal Background Check Release. All requested information must be provided by the applicant, including Social Security number, driver license number (or other government issued photo I.D. if the applicant does not drive) and date of birth.

The Region must send the original copy of any handwritten/signed Volunteer Applications to the Safe Haven Department at the AYSO National Office in a timely fashion such that the most sensitive criminal background checks can be completed prior to the start of any playing season.

Criminal background checks are performed on an ongoing basis throughout the year. The responses on the AYSO Volunteer Application Form must coincide with background check results. Failure to answer honestly may be grounds for disqualification.

Each Region must designate at least one person as the Child and Volunteer Protection Advocate (CVPA) who must act as the liaison between the Region and AYSO for purposes of enacting this policy. Regions may appoint more than one CVPA as needed to expedite the screening process at the Region level.

To ensure compliance with all applicable laws, the AYSO Safe Haven staff members at the AYSO National Office are the only people authorized to initiate, review or have access to criminal background reports (unless sanctioned in writing by the National Executive Director). In all cases, the results of any criminal background check must be kept strictly confidential. These reports must be kept in a locked, secure location.

The Notice of Duty to Review Criminal Record process is initiated by the Safe Haven Department of AYSO. When a negative determination is made, a copy of the criminal conviction report received by the Safe Haven Department must be sent to that volunteer applicant in an envelope marked “Confidential – to be opened by addressee only,” along with the Notice of Duty to Review Criminal Record cover letter.

If a conviction is disclosed or discovered, the AYSO Safe Haven Department must make a decision on whether or not the applicant may be used based on the following guidelines and partial Table of Convictions and advise the Region of its decision. As used in this policy, the term conviction refers to a conviction entered after a trial, after a guilty plea or after a plea of no contest/nolo contendere.

Any application form that does not contain honest answers or that misrepresents the number, type or gravity of any such conviction(s) will not be approved irrespective of the nature of the offense or the time that has transpired since the conviction.

Any individual on probation or required to complete a court ordered rehabilitation or other such program following a conviction for a crime appearing on the Table of Convictions will not be considered to serve as a volunteer until all terms and conditions established by the court have been satisfied and proof of completion submitted to AYSO.

Any person convicted of a crime against or otherwise involving a minor at any time in the past will not be approved to be a volunteer.

Most felony convictions will result in a negative determination. Evidence of multiple convictions, either felony or misdemeanor, are likely to also result in a negative determination. Where a conviction is remote in time or where the applicant’s conduct since the conviction(s) indicates rehabilitation or lack of risk to the membership and the program, some leeway may be provided, but only with the concurrence of the RC and CVPA.

Persons convicted of a crime of violence or other serious crime against a person within the prior 20 years will be disqualified from any volunteer position.

Persons convicted of sex offenses will be disqualified from volunteering in AYSO.

Persons convicted of a theft related crime or fraud within the prior 15 years will be disqualified from any position involving the handling of funds, property or personal identification information.

Persons convicted of a serious substance abuse crime within the past 10 years will be disqualified from any coaching position, referee assignment or any position that leads children’s activities.

Persons convicted of less serious crimes of violence, substance abuse or one of the listed miscellaneous crimes within the past 5 years will be disqualified from any coaching position or any position that leads children’s activities.

In certain limited instances, AYSO will disqualify volunteers who have been arrested for a crime, even if the arrest later results in no charges being filed. While AYSO casts no judgment about any of the allegations and/or accusations in these instances, AYSO’s overriding and compelling interest is to provide a safe, fair and fun environment for children.

DUI: Persons convicted of driving while under the influence or other traffic/conduct related crimes within the preceding 3 years will be disqualified from holding the position of team coach or assistant coach. Persons convicted of driving under the influence within the preceding 3 years may be accepted for other volunteer positions with the understanding that they are prohibited from driving any child or AYSO volunteer other than immediate family members to or from an AYSO activity.

If any discretion is exercised in the application of this policy, it must be exercised in a uniform manner, so that substantially similar convictions and circumstances result in substantially similar treatment of potential volunteers. The CVPA or Regional Commissioner (RC) will be immediately notified when a negative determination is made, or if there are issues related to an application. The specific results leading to a negative determination must remain confidential unless the applicant is willing to reveal the results to the RC or CVPA.

Because of the serious implications to the entire AYSO organization, all Regions, Areas and Sections must comply with the decisions made by the Safe Haven Department of the National Office under this policy. Individuals disqualified or restricted by Safe Haven are not entitled to due process at the Region, Area or Section level. Their right of review is conducted in conjunction with their Notice of Duty to Review Criminal Background.

Table of Convictions – Partial List

Violent Crimes & Serious Crimes Against a Person

Aggravated Assault
Aggravated Battery w/ Firearm
Armed Robbery
Arson
Assault
Attempted Murder
Battery
Blackmail
Cruelty to Animals
Domestic Battery
Extortion
Hate Crime
Home Invasion
Hit and Run Causing Injury/Death
Kidnapping
Murder
Possession of Explosives
Preventing a 911 Call
Terrorism
Reckless Homicide
Robbery
Second Degree Murder
Stalking
Solicitation for Murder
Tampering w/ Food or Drugs
Threatening Public Officials
Treason
Unlawful Restraint
Vehicular Car Jacking
Vehicular Endangerment
Violation of Order of Protection

Less Serious Crimes Against a Person

Criminal Threats of Death/Bodily Harm
Disturbing the Peace- fighting
Harassment
Harassment of Jurors or Witnesses
Involuntary Manslaughter
Intimidation
Simple Assault
Restraining Order
Vehicular Manslaughter While Intoxicated

Sex Offenses

Bigamy
Child Pornography
Criminal Sexual Abuse
Criminal Sexual Assault
Criminal Transmission of HIV
Distribution/Sale of Pornography to a Minor
Indecent Exposure
Indecent Solicitation of a Child
Keeping a Place of Prostitution
Lewd and Lascivious Behavior
Obscene Phone Calls
Obscenity
Pandering
Pimping
Prostitution
Public Indecency
Sex with a Minor
Sexual Exploitation of a Child
Solicitation of a Sexual Act

Theft-Related Crimes

Bad Checks
Bid Rigging
Bid Rotating & Kickbacks
Bribery
Burglary
Computer Hacking/Trespass
Embezzlement
Fencing of Stolen goods
Forgery
Grand Theft
Identity Theft
Industrial Espionage
Interference with Public Contracts
Looting
Money Laundering
Misuse of Credit Card
Petty Theft
Possession of Burglary Tools
Receiving Stolen Property
Tax Evasion
Theft of Intellectual Property
Ticket Scalping
Welfare Fraud

Fraud

Deceptive Sales
Fraudulent Advertisement
Fraudulent Use of Access Card
Insurance Fraud
Mail and Wire Fraud
Odometer Fraud
Public Aid Fraud
Retail Fraud

Serious Substance Abuse Crimes

Abuse of Prescription Medicines
Criminal Drug Conspiracy
Distribution of Alcohol to Minors
Illegal Transportation of Controlled Substances
Possession of Marijuana, more than one ounce
Possession of Illegal Substances
Sale or Manufacture of Illegal Substances

Miscellaneous Substance Abuse Crimes

Possession of Drug Paraphernalia
Possession of Marijuana (less than 1 oz.)
Sale of Alcohol to a Minor

Miscellaneous Crimes

Aggravated Discharge of a Firearm
Concealing or Aiding a Fugitive
Criminal Damage to Property
Criminal Trespass
Discrimination in Sale of Real Estate
Environmental Crimes
Gunrunning
Hit and Run with Damage
Identity Switching
Illegal Gambling
Impersonating a Law Enforcement Officer
Unlawful Sale of Firearms
Interference with Judicial Proceeding
Obstructing Justice
Legislative Misconduct
Resisting Arrest
Perjury
Tampering with Public Records
Unlawful Possession of Weapons
Unlawful Use of Body Armor
Unlawful Use, Sale, or Discharge of a Metal Piercing Bullet Vandalism

Traffic/Conduct Crimes

Disorderly Conduct
Disturbing the Peace
Driving Under the Influence
Drunk in Public
Driving without a License/Insurance
Operating Under the Influence
Reckless Conduct
Reckless Driving
Repeated Traffic Offenses
Wet and Reckless Driving