Questions from the
field - background checks for camp employees
Ed Schirick
I spoke to several camp directors this past
summer who were uncertain about how criminal background checks fit into
their employment practices. After many good discussions, I concluded that
there might be other camp professionals with similar questions.
The following "mini" audit of this issue and subsequent comments are
designed to stimulate a review of your camp's risk management practices and
policies. The list is compiled from common questions stemming from
discussion on this subject with various directors.
What is your camp's
policy on criminal background checks?
Buying liability insurance (transferring
the risk) for the risks of child maltreatment is increasingly dependent upon
a human resource plan that includes criminal background checks of all staff
who have access to children or supervisory authority over them. Insurance
company underwriters want to know that your employment applications include
questions about convictions of crimes--especially crimes involving
children--and that you have a solid risk management plan in place to address
the risks.
If your employment application does not contain this type of question, we
recommend revising your application at your earliest opportunity. Check with
other camp directors to determine how they ask this question, or ask your
attorney for assistance.
If you just reprinted a ten-year supply of your employment application and
didn't include a question about conviction of a crime, consider using the
Voluntary Disclosure Statement (Form FM 16) developed by ACA as a supplement
to your staff application. Alternatively, if you don't have the budget
dollars available to revamp your application, consider using the Camp Staff
Application (Form FM 10N) ACA developed, which contains a criminal record
question. All forms are available from the ACA Bookstore, www.ACAcamps.org
or call 800-428-2267.
Is your policy in
writing?
If it isn't, it should be. We recommend
that your human resource policies, which will include your criminal
background checking policy, be included in your risk management plan, as
well as, in your staff manual.
Some directors have expressed concern about putting these policies in
writing. These concerns are legitimate and flow from the idea that if
something goes wrong and we didn't follow our written policy, we "hang
ourselves." Your human resource policies shouldn't be a secret. Publishing
the policy is the best way to communicate it. Talking about your policies
with staff--constantly refining them with input from staff--will not only
improve your policies, but also help staff implement them more effectively.
Do you screen
volunteer/paid workers in the same way?
If volunteer workers have access to
children, or have supervisory authority over children, then conduct criminal
background checks the same way you conduct them for paid staff.
Do you have a volunteer worker application? If you don't, consider
developing one that includes space for volunteer work experience, as well as
past, paid worker experience. The same questions should be incorporated
about conviction of crimes, etc.
What about CITs? Aren't they volunteer workers? CITs can be considered
volunteer workers to some degree. But each camp's leadership development
program is a little different, so it is difficult to offer advice that
applies to each program's subtlety. For example, some camps only accept
former campers into their CIT programs so the director and others in the
organization already know them. Some camps don't require CITs to be former
campers. Some CITs pay tuition; others don't.
Since CITs are minors, the best advice is to make sure there is a formal
application process that includes personal references. Be sure to check
these personal references with the same diligence you apply to paid staff
references. Include a personal interview, if you can--especially if your
program doesn't require C1Ts to be former campers. A criminal background
investigation of minors is inappropriate, since, if there were any criminal
convictions, the juvenile record would most likely be unavailable. Instead,
consider having the CITs sign an affidavit of good conduct or the ACA
Voluntary Disclosure Statement.
Should you
periodically check the criminal background of current stuff?
If employees are year-round employees,
chances are your organization would be aware of ally criminal activity. So,
as long as you investigated their criminal history before you hired them, we
don't think it is necessary to check them periodically during employment.
What are the best
criminal background checks?
We recommend using an independent
contractor, employment background screening service, or your local law
enforcement contacts to help you decide which background checks work best
for you. We also think these organizations should perform the background
checks. This will ensure privacy, as well as efficiency.
Choose the criminal background investigation tool or combination of tools
that makes the most sense for your business.
National
A fingerprint based national criminal background check is only available
through the Federal Bureau of Investigation (FBI). This is the most
comprehensive criminal background check available. The FBI fingerprint check
may or may not be available to you through your local law enforcement
contacts. It is costly and may take some time. As a practical matter, this
may be the type of check to use when investigating candidates for key,
full-time leadership positions who have lived in many states.
State
Many states, but not all, now allow employers to conduct fingerprint-based
criminal background investigations on prospective employees. You may have to
go through local law enforcement or through the state department of justice.
Cost of these services varies by state, as does the response time.
Fingerprint checks are more time consuming, but offer the most comprehensive
information available on the state level. A statewide criminal check may
make the most sense for employees who live and go to school in one state.
Logistics for getting the fingerprints from college students may make 1his
alternative a difficult choice for some camps.
Local
Generally, it is our understanding that a local criminal history check can
be accomplished using the person's full legal name and date of birth. This
may be the most cost effective approach for conducting criminal background
investigations on prospective summer staff. And it is the simplest approach.
These checks should be conducted in the county where the person resides, as
well as in the county where he or she attends school. Criminal history
checks should be conducted each year on all summer staff. This includes
former campers and those employees returning from last summer.
Besides using one or more of these criminal history checking tools, all
fulltime and seasonal staff names should be checked against the State Child
Abuser and Sex Abuser Registry. Your organization can conduct these checks.
Many states have established telephone numbers to call or published
information on the Internet. The information is free, or the cost is
minimal.
How do you check the
criminal history of minor employees?
A criminal history investigation of minor
employees under eighteen does not yield information because any criminal
convictions--or brushes with the law --are usually "sealed" by juvenile
courts and are unavailable to the public. We recommend that minor employees
go through the same employment screening process as adults. Instead of a
criminal history check, we suggest completion of an affidavit of good
conduct or the ACA Voluntary Disclosure Statement.
Does your employment
application provide appropriate legal notice?
Some directors are incorporating the
authorization to conduct a criminal background check and other inquiries
right into their application. Others have decided to use separate documents
dedicated to this purpose. Whichever approach you decide to take, make sure
the document contains proper legal notice and disclosure wording. Check with
the background screening service you've selected or your attorney for
guidance on this issue.
When was your human
resource policy reviewed last?
Obviously, if you don't know the answer to
this question, now would be a good time to conduct a review. You should
review your human resource policy on an annual basis. Your board of
directors and attorney are critical partners in developing and approving any
changes. The criminal background checking policy--as an overall part of the
human resource policy and risk management plan--probably doesn't need to be
reviewed annually, unless there are developments that justify this.
Hopefully these questions and answers have been informative and have helped
to motivate you to consider your camp's criminal background checking
policies and practices and your risk management plan, in general.
Forms Available from the ACA Bookstore
* FM10N--Camp Staff Application
* FM16--Voluntary Disclosure Statement
Take a "Mini" Audit of Your Camp's Risk Management Policies
1. What is your camp's human resource policy on criminal background checks
of prospective employees?
2. Is your policy in writing?
3. Do you screen volunteer workers the same way?
4. Do you periodically check the criminal background record of current
employees?
5. What type of criminal background check do you use?
6. How do you check minor employees?
7. Does your employment application authorize a criminal background check
and include the appropriate Fair Credit Reporting Act language?
8. When was your human resource policy reviewed last by your Board of
Directors and your attorney?
Ed Schirick is president of Schirick and Associates Insurance Brokers in
Rock Hill, New York, where he specializes in providing risk management
advice and in arranging insurance coverage for camps. Schirick is a
chartered property casualty underwriter and a certified insurance counselor.
He can be reached at 845-794-3113.
COPYRIGHT 2003 American Camping Association
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