STSR Risk Management Policy

Overview

STSR intends to make every reasonable effort to deny from participation, any Referee, Instructor, Assessor, or Administrator, that
by Law has been convicted of a crime of violence, or a crime against another’s person, that would bring unnecessary risk to the health
and safety of any Youth Player or Youth Referee.

Anyone affiliated with STSR and at least 18 years of age, is required to participate in this program…

All Background Check information is Confidential and is strictly prohibited from being divulged, becoming the property of
South Texas Soccer Referees.

General Information

Policies:

Effective with badge year 2010 STSR will require those individuals that are Instructors, Assessors, Assignors, Administrators, or Referees, and at least 18 years of age to have the Background check completed, results reviewed by the Risk Management Officer and possibly the Risk Management Committee and if approved will be registered with USSF and listed as a currently registered official on the www.stsr.org website. Beginning in 2010, if age 18 or over, their name appearing on the www.stsr.org website as a registered official along with their current year USSF Registration card indicating Texas - South is proof that they have been through this process and have been approved. Officials that have not registered through STSR will not have been through this process, may have a current year USSF Registration card, but will not have Texas-South on their USSF Registration card and will not be listed as a current official on the STSR website.

Denied individuals’ names are never placed on the public Current Year Registration List at www.stsr.org. Their applications are not approved by the SRA, nor submitted to US Soccer. They never receive a US Soccer Registration Card with Texas-South as their State Association. The denied individual will be refunded the US Soccer portion of their registration/clinic fees only.

For club/league purposes, the presence of their name on the public Current Year Registration list at www.stsr.org , and the possession of a current year US Soccer Registration Card with Texas-South printed on the card are sufficient proof the individual has cleared a background check.

Procedures:

Background checks will be initiated during the registration process, being sent to backgroundchecks.com US ONE Database, where the Name, Address and Date of Birth will be input and checked from over 300,000,000 entries. Any “hits” will be returned to the Risk Management Officer. The Risk Management Officer will contact the individual in writing, requiring the individual stop any participation in US Soccer Federation/STSR activities until a final determination of their eligibility. See “Procedures for Risk Management Program"
in the STSR Handbook.

Background Check Standards

  Positive – means no “hits” were found and the STSR Member is eligible to be assigned and to participate in any capacity within his/her USSF registration.

 Negative – means that some “hits” were found and  a review by the Risk Management Officer (RMO) is required before the STSR member is deemed eligible to participate.  Should the RMO determine that the item discovered in the background check is serious enough to declare the STSR member ineligible to participate; a decline letter will be sent to the STSR member notifying them of such and informing them that they have a right to file an appeal for reinstatement.

An appeal may be made to STSR and the RMO in writing to have their case reviewed. The procedures for an Appeal will be included in the notification letter.

Score the applicant as ELIGIBLE if the following conditions are present on the Criminal Background Check:

• No record found
• Traffic or vehicle code infractions only

Score Applicant TO BE REVIEWED BY STSR RMO, if the following are present in the background check:

• Worthless checks
• Theft
• DUI – less than three (see INELIGIBLE CRITERIA)
• Misdemeanor marijuana possession conviction if it has not been negotiated down from a felony charge – only if older than 1 year
• Misdemeanor convictions or misdemeanors with pending dispositions except for crimes involving: violence, weapons when used in the commissioned of a crime, deviant sexual activity

Score the applicant as INELIGIBLE, pending appeal and review by the Appeals Committee, if the following convictions are present on Criminal Background Check based on the timeline recommendations:

  Any Felony charges with dispositions including but not limited to the following:

•  Guilty
•  Convicted
•  No Contest
•  Responsible
•  Adjudicated
• Three or more DUI/DWI or related convictions occurring within the last five (5) years.
• Contributing to the Delinquency of a Minor if convicted within the past two (2) years or two or more within the past five (5) years.
• Records with a pending disposition.
•  Domestic Violence within the past year or two (2) or more within the past five (5) years.
• Any conviction (including misdemeanors) involving violence, weapons when used in the commission of a crime, deviant sexual activity, drugs (except misdemeanor marijuana possession.)
• Sale and delivery of marijuana, for amounts greater than two (2) oz, if the conviction was within the past five (5) years.
• Mob Action , if the conviction was within the past five (5) years, other than protest marches.
• Gang Activity, if the conviction for gang related activity occurred within the past (3) years.

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 Unnerved 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 with 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.