Background Check

[OneHour 11]

One parent asks if he can help. After a background check, it turns out that he has been convicted of a felony and served time many, many years ago. My inclination is "no thank you." I do believe that it is up to the Committee and the Charter Org, correct? ... and by some mirracles, the gentleman is allowed to function as a part of the Committee, I can still request for him not to participate on our outings ... can I?

 

Thanks!

[Eamonn 61]

I might be wrong.

But I thought that once a check was done, it came back telling if the person was allowed too serve or not?

If it says no? Then the answer is no.

Membership in the BSA is a privilege, the BSA can decide who they want or don't want.

I'm almost sure that a CO can not override this. As the person will be around Scouts who are from other units.

Maybe? Depending on what he was convicted of and how long ago it was and what he has done since an appeal could be made?

Best thing is to check with your SE.

Eamonn.

[Twocubdad 665]

You can always ask anything....

 

A lot depends on the situation. Clearly, if the guy has the approval of the CC and COR and passed the BSA background check, he's in and you don't really have any say in the matter.

 

But if the fellow is now showing up at your Webelos den meetings and wanting to attend your den activities, you should have some input. It would be unwise for a CC to stick a den leader with an assistant he doesn't want.

 

Beyond that it get's complicated. Can you give us more details about what this fellow's role in the unit and yours?

 

Edited part: Eamonn, I am assuming the guy was cleared despite his record. If he was declined by BSA and the unit approved him anyway, a heart-to-heart with the COR and eventually a call to the Scout Executive is in order.(This message has been edited by Twocubdad)

[sandspur 10]

Agree with twocubdad. If the BSA background check was failed, it should be out of your hands. Assuming it was passed, I guess I would have to ask what was the felony many, many years ago? What does he want to do? If he stole a car twenty years back and served his time with no problems since, and wants to help out along with other leaders I guess I say why not? He wants to be with his son and participate. Is there no such thing as redemption? On the other hand, if there was violence or worse yet a youth protection concern I might go the other way. Are you concerned for the safety of your scouts here or was the issue something else?

[Buffalo Skipper 13]

I once discussed this matter with our DE, where someone admitted to a being involved, before this was presented to the council for approval. My understanding is that the backgound check in held in confindence with the Council. In the event that someone's check comes back "cloudy," the Council Exec will inform the IH or COR and they will discuss the matter. This should not go through any other volunteers, as it violates the privacy implied in the signed contract.

 

Likewise, if the is a "cloudy" issue, it is up to the IH/COR to make a determination. For any more severe background issue, the SE would advise that the individual cannot be a registered leader. As such it is the COR who should make the call to the individual informing him of the situation.

 

Again, coming from an experienced DE, I accept this as fact and expect that these are the policies followed within our council, and units.

[Eamonn 61]

I'm sorry1

I read it as he'd had the check and failed.

Ea.

[click23 66]

It was explained to us at PTC last summer by a SE exactly the way Buffalo Skipper describes.

[scoutldr 732]

On the Application, the question is still there, "Have you ever been convicted of a criminal offense? If so, explain below." IF he was truthful, then you can decide whether or not to even submit the app to Council.

 

If he was NOT truthful, and this conviction only came to light from the background check, then I would not want him anyway because he is incredibly stupid. Did he think he could lie on the question and it wouldn't be caught? A Scout is Trustworthy.

[ScoutNut 147]

I also am wondering why you, and others, who are not either the COR, or IH, know about this and are discussing it.

 

Per the BSA website -

 

"If a match is found on a volunteer applicant, he or she will be sent a copy of the information and can dispute the findings. The council and the organization that sponsors the applicant's unit will then determine how to proceed, based upon BSA procedures."

 

Nowhere that I can find does it state that any of this information should be made public knowledge, or discussed openly with everyone in the unit.

 

As to banning him from participation in outings - Unless his conviction was of a Youth Protection type (in which case there would have been no discussion from council at all) - NO. BSA policies are very clear that parents are allowed at ALL activities that involve their children.

[OneHour 11]

I just found this fact out recently ... so much for being a SM. Apparently, the COR and the CC were planning to talk to the person about the issue. He admitted to having been convicted and served. His app was not turned in. The crime was not at all "light." It is not public information nor being discussed publicly. Please note the name was not mentioned nor the crime. The converstation that the COR and CC that will have will be behind closed door. Btw, not knowing this fact, to me, he is a perfectly fine individual. Very tough on his kids, but not at other kids, but then who isn't tough on their own?

[scoutldr 732]

So, then, there was no background check completed by BSA. SOunds like the system is working as it should. If the CC/COR decide they want to proceed, they can contact the SE and go from there. I do believe in redemption...except for child/domestic abusers and pedophiles. Our current ASM was convicted of armed robbery as a teenager. The judge gave him a choice...jail or the Army. He served with honor in the Special Forces in Vietnam, and just retired from Federal service. He is one of my best friends and I would trust him with my life and my kids' lives.

[sandspur 10]

So, the proper course is to wait for the BSA background check and evaluation to take its course.

[BadenP 93]

Actually discussing in detail the conviction(s) by the SE with the IH & COR is also a violation of the privacy clause, all the council can say is that the person failed the check based on a past criminal record and is not eligible for BSA membership, period. As was said earlier a person either passes or fails the check there is no discussion or compromises, the CO is simply told to find someone else

[packsaddle 753]

Here we go again. OK, on a slightly different direction, why is the SSN necessary for Eagle? Is there a background check on a boy applying for advancement?

[evmori 11]

I would go with your initial inclination and say "No".