The Future Society of Central Oklahoma (FSCOK) is concerned about the safety of its events volunteers while on duty (whether on or off premises), the safety of its constituents (staff, community, etc.), and the protection of its assets and reputation. To reduce these risks, prospective and, as applicable, current volunteers of SoonerCon and other FSCOK events will be required to undergo a criminal background screening that complies with the Fair Credit Reporting Act (FCRA). Volunteers are treated as applicants under the FCRA.
This policy sets forth guidelines for performing such background screens. FSCOK has selected an approved background screening provider, namely Verified Volunteers (https://www.verifiedvolunteers.com/). All volunteers are required to provide certain information to this approved provider for background screens and must comply with the provisions of this policy in order to volunteer at any FSCOK event or function.
The responsible parties for determination of volunteer eligibility for membership and participation at an FSCOK event shall be that FSCOK event committee’s appointed Chairperson and designated Volunteer Coordinator. In the event the Event Committee Chairperson and Volunteer Coordinator cannot agree on an applicant’s eligibility, the FSCOK board of directors Vice Chair will make the final determination.
Any questions or special considerations concerning this policy should be directed to a member of the FSCOK board of directors (http://www.fscok.org/contact/).
This policy applies to all prospective and current volunteers, with rescreens occurring annually after initial check expires after a period of 1 year.
Disclosure and Authorization
Applicants/volunteers will be informed that selection, retention, and reassignment are subject to meeting the requirements of a background screen. In addition, all applicants/volunteers will be required to complete a Disclosure and Authorization form, which requests information that the approved background investigation provider requires to conduct the background screen. The approved Disclosure and Authorization form allows Verified Volunteers to perform monthly updates to the background check to the extent permitted by law. After a period of one year, FSCOK will initiate a new background check (rescreen) with Verified Volunteers, and a new authorization form will be completed by the volunteer.
At this time, full FCRA compliance and appeal processing does not permit same-day or onsite volunteer screenings for FSCOK events. Background screenings, reporting, applicant eligibility determination, and adverse action appeals will be conducted prior to the first volunteer shift for an FSCOK event occurring.
The following reports may be obtained for time periods permitted by law for a background screen:
A. Social Security Trace (SS Trace) – A Social Security Trace uses the volunteer-provided social security number to find all reported address information for an individual over the last 7 years. The trace also finds all names used by the volunteer – the given name as well as any alias/maiden names used. The information returned from the trace is then used to determine the name/court of record combinations that will be searched. Using a Social Security Trace as part of the search package maximizes chances of finding all pertinent criminal history for an individual. The Social Security Trace is not to be used directly to disqualify applicants from volunteering. It is solely a resource to gather information and verify the applicant’s identity.
B. County/State Residence Criminal Search (Current) – The address entered during the background check order process is used to determine the county and state of residence (U.S.) for the volunteer. The search should look for any reported criminal history for the volunteer in that county or state at the primary source of information (the state or county courthouse).
C. County/State Search(es) – 5 Years of Address History – All counties/states in which the volunteer has lived in the last 5 years should be identified. Those counties/states should be searched at the primary source of information (the state or county courthouse) using the name in question and other personally identifiable information.
D. Nationwide Criminal History Search with Validation – A Nationwide Criminal History search uses the full name and date of birth provided by the volunteer during the order process to search over 900 criminal information data sources from all 50 states. Although this sounds comprehensive, the quality and breadth of data varies by state, and is limited for over 2/3 of the nation’s states (defined by limited data sources or stale information updated infrequently). Still, it’s a valuable locator tool
that helps identify areas outside of address history where criminal history might have occurred – areas where the volunteer has worked, travelled, or played. Potential matches found in the Nationwide Criminal History search should always be validated at the primary source of information (county or state courthouses) for criminal history records in compliance with the FCRA.
E. National 50 State Sex Offender Registry Search (Dru Sjodin/NSOPW) – The National 50 State Sex Offender Registry Search/National Sex Offender Public Website (NSOPW) is a comprehensive 50-state sex offender search – it is the only up-to-date, comprehensive source of sex offender information. While the website is maintained by the U.S. Department of Justice, it is the responsibility of each jurisdiction in the United States to keep sex offender information for their area accurate, upto-date, and accessible by the NSOPW.
F. Alias/Maiden Name Search – An alias or maiden name is any name an individual has used at another time, in another place, or in another circumstance, for any reason. An alias/maiden name search should search those names provided during the screening order process as well as those names uncovered through an SSN Trace. An alias/maiden name search should include the National 50 State Sex Offender Registry Search (Dru Sjodin/NSOPW), the volunteer’s current county/state of address, and every county/state identified through the last 7 years’ address history for each alias and maiden name. Separate searches must be conducted for each of these names because, in the eyes of the courthouse, each name represents a unique individual.
G. Office of Foreign Assets Control – This Sanctions List Search application (“Sanctions List Search”) is designed to facilitate the use of the Specially Designated Nationals and Blocked Persons list (“SDN List”) and all other sanctions lists administered by OFAC, including the Foreign Sanctions Evaders List, the List of Persons Identified as Blocked Solely Pursuant to E.O. 13599, the Non-SDN Iran Sanctions Act List, the Part 561 list, the Sectoral Sanctions Identifications List, and the Non-SDN Palestinian Legislative Council List. Given the number of lists that now reside in the Sanctions List Search tool, it is strongly recommended that users pay close attention to the program codes associated with each returned record. These program codes indicate how a true hit on a returned value should be treated. The Sanctions List Search tool uses approximate string matching to identify possible matches between word or character strings as entered into Sanctions List Search, and any name or name component as it appears on the SDN List and/or the various other sanctions lists. Sanctions List Search has a slider-bar that may be used to set a threshold (i.e., a confidence rating) for the closeness of any potential match returned as a result of a user’s search. Sanctions List Search will detect certain misspellings or other incorrectly entered text, and will return near, or proximate, matches, based on the confidence rating set by the user via the slider-bar. OFAC does not provide recommendations with regard to the appropriateness of any specific confidence rating. Sanctions List Search is one tool offered to assist users in utilizing the SDN List and/or the various other sanctions lists; use of Sanctions List Search is not a substitute for undertaking appropriate due diligence. The use of Sanctions List Search does not limit any criminal or civil liability for any act undertaken as a result of, or in reliance on, such use.
The FSCOK Volunteer Coordinator and Event Committee Chairperson will review the background screen report and determine if any information has a direct connection with an applicant’s ability to fulfill the volunteer’s duties with competence and integrity, or that might impact safety. Matters that might raise a concern or disqualify eligibility to volunteer with FSCOK events include but are not limited to the following:
1. Criminal History Search – A criminal conviction will not automatically prohibit an individual from volunteering at FSCOK events, but will be reviewed on a case-by-case basis. In some cases, statutes dictate the types of offenses that disqualify applicants from volunteering with certain organizations or in certain positions. Those lists will be referenced as well by the Volunteer Coordinator and applicable Event Committee Chairperson when making a decision regarding volunteer eligibility.
Convictions for the following categories of crimes are generally considered role-related and, therefore, may be considered in making decisions:
A) Any recent felony conviction – these serious crimes are usually defined by statutory guidelines, and in general, are punishable by more than 1-year incarceration.
1) Theft – including burglary, embezzlement, forgery, fraud.
2) Violent crimes – including murder, robbery, assault, battery.
3) Drug-related crimes – including use, sale, possession, distribution, or manufacture of illegal drugs.
4) Sex offenses – including rape and sexual assault.
5) Serious motor vehicle offenses – includes driving under the influence of alcohol or drugs.
Arrests that are not pending and did not result in conviction will not be considered. Arrests pending disposition that are role-related may be considered, subject to state law.
2. Arrest information – If, while a volunteer of an FSCOK event, that volunteer did not disclose an arrest for a felony offense or any sex offense to the Volunteer Coordinator or Event Committee Chairperson within 48 hours pursuant to policy, and applicable state law did not protect the arrest from disclosure, failure to disclose is grounds for termination of volunteer eligibility. Arrests that are disclosed or that are revealed by a search (absent an omission) will not necessarily result in termination of volunteer status but will be reviewed on a case-by-case basis.
3. Motor Vehicle Reports/Convictions – This report can indicate that the applicant has a suspended or revoked license. Further, serious motor vehicle violations such as Driving While Intoxicated, Driving Under the Influence, Driving While Ability Impaired, or Reckless Driving may be relevant for some positions. In addition, the report should be carefully reviewed for any omissions or inaccuracies contained in the volunteer application or made during the interview process.
STEP 1 – Disclosure and Authorization
The applicant must give FSCOK authorization to have a third-party service conduct a background check. The consent and disclosure form will be electronic only, retained by the FCRA-compliant vendor, and presented to the volunteer applicant during the order process on the Verified Volunteers website (https://www.verifiedvolunteers.com/). The disclosure and authorization form grants the organization permission to conduct an initial background check (and, subject to state law, monthly updates up to one year) utilizing a third party service. Also, a “Summary Of Your Rights Under The Fair Credit Reporting Act” will be included with the consent and disclosure process.
The background investigation cannot be lawfully conducted without a signed disclosure and authorization form. Applicants will be advised that they will not be considered for a volunteer role without submitting the signed form.
STEP 2 – After Reporting Actions
2A: No Adverse Report: Upon receipt of non-adverse report, the Volunteer Coordinator will notify successful applicant of their acceptance to volunteer with FSCOK events.
2B: Pre-Adverse Action: Notify the Applicant of Negative Report BEFORE Adverse Action is taken
If the consumer reporting agency reports information which may be used by FSCOK, in whole or in part, as a basis for an adverse action (e.g. denying volunteer eligibility), the volunteer applicant must receive notification before a final decision is made to deny the volunteer role. As a result, FSCOK will provide a copy of the consumer report, a pre-adverse action letter, and another copy of the FCRA notice of rights.
If the disqualification decision is not based on a misrepresentation or omission in the volunteer application, it is a best practice to discuss the potentially disqualifying information with the individual prior to issuing the pre-adverse action notice. This practice supports the individual role-related nature of any disqualification decision.
STEP 3 – Wait for a Reasonable Period of Time to Find Out What, if Any, Explanation is Offered by the Applicant
If the applicant does not respond at all to the notification within a reasonable period of time (5 business days), then FSCOK will proceed with its decision to deny the volunteer role. If the applicant responds, FSCOK will carefully consider the information submitted and then make a decision on the applicant’s eligibility to volunteer. If the explanation is reasonable under the circumstances, then it may still be possible to go forward with volunteer onboarding (e.g. a case of mistaken identity). However, if the applicant’s explanation is determined to be insufficient, then the organization will proceed to the next step.
STEP 4 – Notify Applicant of Adverse Action
The organization must provide the applicant with written notice of the adverse action and the name, address and telephone number of the consumer reporting agency.
An Adverse Action Notice form will be sent by the Volunteer Coordinator to the applicant along with the federal summary of rights and any applicable state summary of rights. The notice includes a statutorily required statement that the consumer reporting agency did not make the decision and does not know why the decision was made by the requesting organization (FSCOK), as well as a notice of the applicant’s right to obtain the report and dispute the information.
STEP 5 – Maintain Documentation
For all adverse decisions, FSCOK will document each step taken. FSCOK will retain copies of all consent and disclosure forms and other documentation sent to the applicant for future reference.
Equal Employment Laws
FSCOK will adhere to all equal opportunity laws. When reviewing any criminal record information that appears on a background screen report, the organization shall factor in any known factors relating to:
Policy Effective Date: 01-05-2018
Approved By: FSCOK 2017-2018 Board of Directors
Title: As above