3.12.1. Scope. For the purposes of this program, all coaches, assistant coaches, managers, trainers, volunteer administrators, board members, referees, referee instructors, referee assignors and staff / employees over the age of 17 must have on file with STYSA a completed STYSA Application and Consent for Criminal Background Check (the “STYSA Adult Application”) or successfully complete the online STYSA Adult Application on the STYSA approved and designated website in place of filling out a paper copy of the above form and submitting it to STYSA.
1. STYSA will provide an opportunity bi-annually to submit a STYSA Adult Application online at the designated website. Those identified in 3.12.1. are required to complete and submit a STYSA Application and Consent for Criminal Background Check during the first season / session in which the adult participates. Member Associations or Affiliates will appoint / elect a local Risk Management Coordinator to ensure that all local submissions are performed via the Internet. Volunteers or paid staff must submit their STYSA Application and Consent for Criminal Background Check within 15 days of registration with a team, club or Member Association.
2. Failure to complete and submit the STYSA Adult Application form per 126.96.36.199. is grounds for the individual not to be allowed to engage in any official position within STYSA and its Member Associations and Affiliates, whether paid or volunteer.
3. The STYSA KidSafe Committee has responsibility for the STYSA Adult Application submissions forms and submittals for processing criminal background checks. STYSA will provide a weekly listing of background checks that have cleared the system. It is the responsibility of the Member Association / Affiliate Risk Management Coordinator to provide this listing to their local members.
4. A negative response from the Texas Department of Public Safety or other agency which meets the criteria by the KidSafe Committee making an individual’s application unacceptable, will cause a written notice to be sent to the individual stating that the individual is not eligible to participate in any STYSA sponsored activities pending appeal. Any current STYSA activities of the individual must be suspended pending disposition of the appeal. The written notice will detail what appeal rights the person has and the timeframe in which any appeal must be made. A courtesy copy of the notice will also be sent to the Member Association / Affiliate Risk Management Coordinator. The Member Association / Affiliate Risk Management Coordinator will contact the individual’s home club to make sure the individual does not participate pending the outcome of the appeal.
5. Should any individual who has received a negative response wish to appeal the findings, an appeal may be filed with the STYSA Appeals Committee according to the STYSA Procedure for Filing Appeals.
6. At such time as the Appeals Committee has heard an appeal and rules an individual ineligible, or when the appeal time has elapsed, then the individual’s name will be added to a list maintained by the KidSafe Committee which is available to all Risk Management Coordinators.
7. STYSA will make every reasonable effort to maintain the confidentiality of the information received in the background checks. However, if the information is already in the public domain or is a matter of public record, it cannot be considered private or confidential, and therefore imparts no obligation upon STYSA with regard to confidentiality.