The authority for the actions of this committee are derived from State Law, Common Sense for Kids, The United States Youth Soccer Association, and the following STYSA Registration Rules, Policies, and practices:
STYSA Registration Rules:
3.12 ADULT CRIMINAL BACKGROUND CHECKS
3.12.1 Scope
For the purposes of this procedure, all coaches, assistant coaches, managers, trainers, volunteer administrators, board members, and staff / employees over the age of 17 must have on file with STYSA a completed STYSA application and Consent for Criminal Background Check (the STYSA Adult Application).
3.12.2 Procedures
1. Member Associations and Affiliates will be provided blank STYSA Adult Application forms to be completed annually by those identified in 3.12.1. during the first season / session in which the adult participates. Member Associations or Affiliates will appoint / elect a local Risk Management Coordinator to ensure that forms are distributed and completed for submission to the State Office. These completed forms must be submitted to the State Office no later than September 1 or 15 days after registration, whichever is later, for the Fall season; and no later than March 1 or 15 days after registration, whichever is later, for the Spring season.
2. Failure to complete and submit the STYSA Adult Application for per 3.12.1. will be grounds for the individual not to be allowed to engage in any official position within STYSA and its Member Associations and Affiliates.
3. The STYSA Risk Management Committee will have responsibility for the STYSA Adult Application forms and submittals for processing criminal background checks.
4. Within five business days of receiving notice from the STYSA Risk Management Committee, the Risk Management Coordinator of Member Associations or Affiliates are required to provide all relevant contact information (mailing address and all known telephone numbers) about the named adult and in what position(s) in the Member Association or Affiliate the adult is currently engaged.
5. A negative response from the Texas Department of Public Safety or other agency that is unacceptable to the Risk Management Committee will cause a written notice to be sent to the individual stating that the individual is not eligible to participate and what appeal rights the person has. A courtesy copy of the notice will also be sent to the Member Association / Affiliate Risk Management Coordinator.
6. Should any individual who has received a negative response wish to appeal the findings, an appeal may be filed with the STYSA Appeals Committee according to the STYSA Procedure for Filing Appeals.
7. At such time as the Appeals Committee has heard an appeal and rules an individual ineligible, or when the appeal time has lapsed, then the individual’s name will be added to a list maintained by the Risk Management Committee which is available to all Risk Management Coordinators.
8. Responses from criminal background checks shall be kept in confidence.
Last Updated: February, 2003
STYSA Policy Adopted July 2002: STYSA and its member associations agree to the following Volunteer Screening Guidelines (See Glossary for definitions below):
Score the volunteer as ELIGIBLE if the following conditions are present on the Criminal Background Check:
· No record found
· Traffic or vehicle code infractions only
· Worthless checks, no more than two convictions
· Single conviction DUI/DWI or related charge – only if older than 5 years
· Misdemeanor marijuana possession conviction if it has not been negotiated down from a felony charge – only if older than 5 years
· Misdemeanor convictions or misdemeanors with pending dispositions except for crimes involving: violence, weapons, dishonesty, drugs, sexual activity, theft or burglary.
Score as TO BE REVIEWED BY STYSA if the following conditions are present on Criminal Background Check:
· Worthless checks, more than two convictions
· Two or more convictions for DUI/DWI or related charge, or single conviction if occurrence within 5 years
· Two or more dispositions of:
· Not Guilt
· Nolle Pross
· Waiver by clerk or magistrate
· Dismissed or Expunge
· Contributing to the Delinquency of a Minor
· No matching identifier
· Records with a pending disposition
· Domestic Violence
· All Felony convictions not included in “INELIGIBLE” category
Score as INELIGIBLE if the
following convictions are present on Criminal Background Check:
· Three or more misdemeanor convictions
· Any conviction involving violence, weapons, robbery, burglary, embezzlement, dishonesty, sexual activity, drugs (except misdemeanor marijuana possession)
· Sale and delivery of marijuana
· Mob Action
· Gang Activity
· Felony or “TO BE REVIEWED BY STYSA” charges pending court disposition
· No matching identifiers if the charge is included in the list of “TO BE REVIEWED BY STYSA” crimes
· Any misdemeanor crime involving violence
· Felonies with dispositions of
· Guilty
· Convicted
· No Contest
· Responsible
· Convictions of any of the following crimes:
· Aggravated Assault
· Aiding and Abetting
· Armed Robbery
· Arson Conspiracy to Commit Arson
· Crimes Against Children
· Firearm Violations
· Forgery
· Homicide
· Illegal Manufacture, Sale, Distribution, or Trafficking in Controlled Substances
· Kidnapping
· Presentation of False ID to a Police Office
· Murder
· Manslaughter
· Robbery
· Sex Related Crimes
· Terrorist Threats
· Theft
· Welfare Fraud
GLOSSARY Criminal Disposition Definitions:
Reportable Within 7 Years
-
Adjudicated Guilty – Conviction. The defendant has been found guilty of the charges.
Consent Decree – Conviction. This is found in New Mexico. It is designed as a disposition for juvenile cases in which the defendant pleads guilty and is placed on the decree / probation for six months.
Convicted – Conviction. The defendant has been found guilty of the charges.
Fugitive File. The case has not been to trial. Found in Virginia. The same as Returned Unserved below.
Guilty in Absentia – Conviction. The jury has found the defendant guilty without his having appeared in court.
Guilty – Conviction. It has been proven that the defendant committed the crime.
Nolo Contendre – Conviction. Latin for “No Contest.” The defendant has pled no contest to the charges against him or her. Therefore the court finds him or her guilty.
Pending. The case has not been to trial at this time. There is no disposition to report.
Pled Guilty – Conviction. The defendant has pled guilty to the charges against him / her and the court accepts the pleas as a conviction.
Returned Unserved. The case has not been to trial at this time. Found in North Carolina. A warrant, summons or paper from the district attorney’s office was issued for delivery to the defendant to appear for trial; however, the defendant could not be located. Therefore, the case is technically pending, however, the paperwork was never served.
Waived – Conviction. Mainly found in the state of North Carolina. This means the defendant has waived his / her right to trial and has pled guilty to the charges. In turn, the court accepts the plea of guilty.
Not Reportable Beyond 7 Years:
-
Responsible – Non-conviction.. The defendant is responsible for the payment of the fines or fees of the crime.
They are not found in guilt, however, must pay what they are ordered. Often
found on traffic tickets or minor violation.
ARD Program – Non-conviction. Stands for “Accelerated Rehabilitative Disposition Program”. Mostly found in the state of Pennsylvania. This program given to the defendant in place of adjudication. If the defendant completes the program, the case is closed.
Adjudication Withheld – Non-conviction. The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county / state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found in guilt.
Conditional Discharge – Non-conviction. The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must abide by. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty.
Deferred Judgment – Non-conviction. The defendant has no finding of guilt. The judgment is set-aside for a deferred amount of time and the defendant must comply with any conditions given to him / her. The case can be dismissed depending on the county / state if defendant completes all requirements.
Misdemeanor Intervention Program – Non-conviction. A program designated only for misdemeanor offenses in which the defendant may comply to the conditions of the program in order to avoid conviction.
Pre-Trial Intervention – Non-conviction. A program the defendant is placed in before going to trial. If the defendant complies prior to trial time, the trial will not be held for the charge and the defendant is not convicted.
Acquitted – Non-conviction. The charges against the defendant are dropped.
Bail / Bon Forfeiture – Non-conviction. The charges against the defendant are dropped. Not enough evidence to convict.
Dropped – Non-conviction. Not enough evidence to convict the defendant.
No Action – Non-conviction. The court dropped the case and did not continue with the charges.
No Billed – Non-conviction. The District Attorney never sent the case to court and it was not tried.
No Information Filed – Non-conviction. Mostly found in Florida. It means the case has been dropped.
No Papered – Non-conviction. The paperwork was never sent to the court by the District Attorney and the case was never filed. Therefore, it was never brought to trial.
Nolle Prosse – Non-conviction. Latin for “Not Prosecuted.” This means there was not enough evidence to convict the defendant. The case is dropped.
Non-Adjudication of Guilt – Non-conviction. Same as adjudication withheld.
Not Guilty – Non-conviction. A jury or judge trial finding that the defendant is innocent.
Other – Non-conviction. Defendant is given special provisions for one year to abide by since this is a first offense. If no further violation of the same nature, case is closed.
Prayer for Judgment – Non-conviction. Deferred Prosecution, meaning state did not prosecute. Often seen in North Carolina. For example, with worthless checks it gives the defendant a chance to pay the check before being charged.
Process Other – Non-conviction. Defendant was not charged on this count due to being charged for another count.
Stet Docket – Non-conviction. Will not prosecute at this time. Eligible to be re-opened for one year if a violation is committed during that time. After the one-year period and no violations have been committed, it cannot be re-opened and the case is closed.
Stricken Off Leave – Non-conviction. Often seen in Illinois. Stricken off docket with the ability to reinstate at a later date if deemed case can be prosecuted. This is often because the prosecutors run out of time to prosecute.
Dead Docket – Non-conviction. Often seen in Fulton, Georgia. Not enough evidence that shows the defendant is guilty or that he is innocent. So case is set aside. If not brought back up, case is closed.
Ignored – Non-conviction. The case never went to trial. It was ignored by the state.
Refused – Non-conviction. The case never went to trial. The state refused to hear the case.
Rejected – Non-conviction. The case never went to trial. The state rejected the hearing of the case.