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Safe Haven Policies
Background Checking Policy

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AYSO Criminal Background Check Policy
Revised: January, 2006


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. 

1. Any person wishing to volunteer in AYSO is subject to a criminal background check, with a strong focus on the following: 
 Coaches of sports teams
 Assistant coaches of sports teams
 Officers, board members, and staff who lead or organize children's activities
 Referees

2. Any person wishing to volunteer in AYSO must complete an AYSO volunteer application form each year, either online or by using the hard copy form, and submit a signed copy to the region. 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 state issued photo I.D. if the applicant does not drive) and date of birth.

3. The region must send the original copy of all such volunteer applications to the Safe Haven Department at the National Support & Training Center (NSTC) in Hawthorne, CA in a timely fashion such that the most sensitive criminal background checks can be completed prior to the start of any playing season.

4. Criminal background checks are performed on an ongoing basis throughout the year. The responses on the AYSO Volunteer Application Form may target certain individuals for automatic background checks.

5. 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.

6. To ensure compliance with all applicable laws, the AYSO Safe Haven staff members at the National Support & Training Center in Hawthorne, CA 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, for a period as indicated by applicable law or until the person is no longer a volunteer, whichever is later. 

7. 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.

8. If a conviction is disclosed or discovered, AYSO Safe Haven Staff 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. 

 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, with the concurrence of the RC and CVPA.

 Persons convicted of a crime of violence or other serious crime against a person (including major sex offenses) within the prior 20 years should be disqualified from any position listed in policy paragraph #1 above.

 Persons convicted of a theft related crime or fraud within the prior 15 years should be disqualified from any position involving the handling of funds or property.

 Persons convicted of a serious substance abuse crime within the past 10 years should be disqualified from any coaching position 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 should be disqualified from any coaching position or any position that leads children's activities.

 DUI:  Persons convicted of driving while under the influence within the preceding 3 years will be disqualified form 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.

9. Discretion must be exercised in a uniform manner, so that similar convictions and circumstances result in similar treatment.  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.

10. Because of the serious implications to the entire AYSO organization, all regions, areas, and sections must comply with the decisions made under this policy.

  TABLE OF CONVICTIONS (a partial list) 

Violent Crimes & Serious Crimes Against a Person:
     Aggravated Assault 
     Aggravated Battery w/ Firearm 
     Armed Robbery 
     Arson 
     Assault 
     Attempted Murder
     Battery 
     Blackmail 
     Child Abduction 
     Child Pornography 
     Cruelty to Animals
     Domestic Battery 
     Endangering the Life or Health of a
              Child
     Exploitation of a Child 
     Extortion 
     Harboring a Runaway 
     Hate Crime 
     Hit and Run Causing Injury/Death
     Home Invasion 
     Intimidation
     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
     Harassment
     Harassment of Jurors or Witnesses
     Involuntary Manslaughter
     Intimidation
     Obscene Phone Calls
     Simple Assault
     Subject to a Restraining Order

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
     Obscenity
     Pandering
     Pimping
     Prostitution
     Public Indecency
     Sex with a Minor
     Sexual Exploitation of a Child
     Solicitation of a Sexual Act

Theft-related Crimes:
     Bid Rigging 
     Bid Rotating & Kickbacks 
     Bribery 
     Burglary 
     Check Kiting 
     Fencing of Stolen goods
     Forgery 
     Industrial Espionage 
     Interference with Public Contracts
     Looting
     Money Laundering
     Misuse of Credit Card
     Possession of Burglary Tools
     Tax Evasion 
     Theft of Intellectual Property
     Ticket Scalping

Fraud:
     Deceptive Sales  
     Fraudulent Advertisement 
     Insurance Fraud 
     Mail and Wire Fraud 
     Odometer Fraud 
     Public Aid 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 1 ounce
     Possession of Illegal Substances
     Sale or Manufacture of Illegal
       Substances

Miscellaneous Substance Abuse Crines
     Driving Under the Influence
     Drunk in Public
     Possession of Marijuana, less than 1 ounce
     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
     Disorderly Conduct 
     Driving without a License 
     Driving without Insurance
     Environmental Crimes 
     Gunrunning 
     Identity Switching
     Interference with Judicial
       Proceeding
     Illegal Gambling 
     Illegal Transportation of Controlled
       Substances 
     Interference with Penal Institution
     Legislative Misconduct
     Obscene Phone Calls
     Obstructing Justice
     Perjury
     Reckless Conduct      
     Reckless Driving
     Repeated Traffic Offenses 
     Tampering with Public Records 
     Unlawful Possession of Weapons
     Unlawful Sale of Firearms
     Unlawful Use of Body Armor 
     Unlawful Use, Sale, or Discharge of
       a Metal Piercing Bullet  
     Vandalism     

(The following letter is sent to any applicant, and only the applicant, if there are convictions that fall under the above criteria)

Notice of Duty to Review Criminal Record
2004
October 13, 2004
Region 0000
Fist and Last Name
Street Address
City, State Zip

Enclosed you will find a copy of your criminal history report obtained by the American Youth Soccer Organization (AYSO).

Pursuant to the laws of many states and in your own self-interest, you should review the record as soon as possible.  Should you determine it is inaccurate or incomplete you are required to notify AYSO of such discrepancy within seven working days of your receipt of this letter.

For privacy protection, you should speak to Ellisa Hall at the AYSO National Support & Training Center. You may contact her during regular working hours, 8:00a.m.–5:00p.m. Pacific Time, Monday – Friday at (800) 872-2976, e-mail her at ellisahall@ayso.org, or write her at 12501 S Isis, Hawthorne, CA 90250.

If the record is inaccurate, AYSO has a procedure for you to follow with the reporting agency to correct the information.

If the report is accurate, it is in the best interests of this organization that you not volunteer.  If we fail to hear from you within seven days, we will contact your region with our final decision.

Ellisa Hall
National Certification and 
Advocacy Administrator

 

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