USA Rugby Policies

As part of its commitments to athlete and participant safety, USA Rugby has adopted a Background Check Policy in accordance with requirements of the United States Olympic & Paralympic Committee (“USOPC”).

USA Rugby requires background checks in order to:

1. foster a safe environment at all competition and training environments sanctioned and/or overseen by USA Rugby;
2. create a safe living, training, and competition environment for athletes and other individuals associated with USA Rugby; and
3. protect persons at risk, including, but not limited to, minors and vulnerable adults.

This policy sets forth USA Rugby’s background check standards and outlines the guidelines for the use of background checks to determine eligibility for USA Rugby membership and for participation in USA Rugby programs and services.

No person may participate in a role requiring a background check, as defined by this policy, or have contact with athletes if they do not pass the applicable background check.

A background check shall be conducted prior to the commencement of a new role for all applicable individuals and shall be completed no less than every two (2) years thereafter, with supplemental background checks in the off-years.

Background checks may be conducted more frequently as part of routine background check updates and/or if a permissible purpose (as defined by state law) has been determined.

This policy applies to all individuals that are eighteen (18) years of age or older in the following categories (“Applicable Individuals):

1. All USA Rugby employees, independent contractors, and individuals that USA Rugby formally authorizes, approves, or appoints to: (a) serve in a position of authority over, or (b) have regular contact with athletes.
2. This shall include but not be limited to:
   1. Staff
   2. Board Members
   3. Coordinators
   4. Coaches
   5. Officials, including Match Officials, Judicial Officers, and Judicial Panelists
   6. Local affiliated administrators and directors;
   7. Volunteers;
   8. Trainers;
   9. Medical Personnel;
   10. Training Partners and Guides; and
   11. Other adults authorized or nominated by USA Rugby to work with athletes or other participants while at a USA Rugby Training Site or competition event to which the USA Rugby sends athletes.
3. All adult athletes and alternates selected by USA Rugby to participate on a national team or in any Delegation Event.
4. All adult athletes training at a USA Rugby Training Site, or at any Olympic & Paralympic Training Center or USOPC High Performance Training Center.
5. Assistants or personal care assistants funded by USA Rugby, have a contractual obligation with USA Rugby, are credentialed by USA Rugby, or otherwise have regular contact with USA Rugby athletes.
6. Other adults that may have contact with athletes, as determined by the Chief Executive Officer.

Each USA Rugby Training Site shall require a background check for any individual not otherwise considered above that USA Rugby formally authorizes, approves, or appoints to (a) serve in a position of authority over or (b) have regular contact with athletes.

Individuals affiliated with the media, who are authorized or credentialed by USA Rugby to access a Training Site or attend a competition run by USA Rugby are required to undergo a criminal background check if they have unsupervised one-on-one interactions with athletes.

Contracts with third-party vendors/contractors that are in a position of authority over or in regular contact with athletes must include the background check requirements set forth in this policy if they have unsupervised one-on-one interactions with athletes. The contracts shall also specify that certification must be provided by the vendor/contractor upon request by USA Rugby, to establish that the mandated background checks were conducted

When partnering with community organizations (i.e., YMCA, Boys and Girls Club) for events, USA Rugby shall ensure that the partnership agreement includes language regarding background check requirements. The agreements shall also specify that certification must be provided by the community organization upon request by USA Rugby to establish the background checks were conducted.

The following search requirements will be used for any Background Check called for in this policy

1. Social Security Number validation;
2. Name and address history records;
3. Two independent Multi-Jurisdictional Criminal Database searches covering 50 states plus DC, Guam, and Puerto Rico;
4. Federal District Courts search for each name used and district where the individual currently lives or has lived during the past seven years, going back the length of time records are available and reportable;
5. County Criminal Records for each name used and county where the individual currently lives or has lived during the past seven years, going back the length of time records are available and reportable for each county searched;
6. National Sex Offender Registry database search of all available states, plus DC, Guam, and Puerto Rico;
7. Multiple National Watch Lists;
8. SafeSport Disciplinary Records;
9. Comprehensive International Records search for persons who have lived outside of the United States for six consecutive months in any one country, during the past seven years;
10. Motor Vehicle Records of at least a 3-year history in the state of licensure; (if driving is required for position).

Background screening for employees and other staff may involve higher or different standards or procedures, including those as required by law.

All supplemental off-year background check screens will be conducted using at least the following search components:

1. Multi-Jurisdictional criminal database covering 50 states plus DC, Guam, and Puerto Rico
2. Sex Offender Registry database searches of all available states, plus DC, Guam, and Puerto Rico; and
3. SafeSport Disciplinary Records

Any results that meet the criteria set below will be reported to the Chief Executive Officer as an adverse finding:

“Red Light” Finding:

1. Any felony, and
2. Any misdemeanor involving:
   1. All sexual crimes, criminal offenses of a sexual nature to include but not limited to; rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, indecent exposure, public indecency, and any sex offender registrant;
   2. Any drug related offenses;
   3. Harm to a minor or vulnerable person, including, but not limited to, offenses such as child abandonment, child endangerment/neglect/abuse, contributing to the delinquency of a minor, and DUI with a minor;
   4. Violence against a person, force, or threat of force (including crimes involving deadly weapons and domestic violence);
   5. Stalking, harassment, blackmail, violation of a protection order, and/or threats;
   6. Destruction of property, including arson, vandalism, and criminal mischief;
   7. Animal abuse, cruelty, or neglect.
3. Any pending charges that would result in a felony or misdemeanor as stated above.

Note: Any person’s participation in a USOPC event or competition will be subject to appropriate USOPC Background Checks and potentially to a USOPC Secondary Review of previously completed USA Rugby Background Checks.

USA Rugby’s independent contractor’s criminal background check will report if the search revealed an adverse finding that suggests the individual may be unsuitable to participate in USA Rugby activities. While this will be reported to USA Rugby for consideration, as outlined below, it will also be reported to the individual on whom the background check was performed.

In the event an individual feels a mistake has been made in the criminal background report, it is the individual’s responsibility to contact the professional reporting agency (as provided for in the Fair Credit Reporting Act letter the individual receives with its background check report) to resolve any issues. USA Rugby is not responsible for errors or omissions that may be reported on background checks.

In the event of an adverse finding, the Chief Executive Officer, or their designee, shall make a preliminary ruling on the disqualification or conditional status of membership or participation in USA Rugby activities. Should the finding involve the Chief Executive Officer or should the Chief Executive Officer be conflicted, the Discipline Grievance Committee shall act in his place.

The Chief Executive Officer, or his designee may, at their discretion, clear an adverse finding and permit an individual to participate in certain circumstances including, but not limited to:

1. Annulment or other legal diversion of initial charges
2. Inapplicability of adverse finding to USA Rugby background screening policy

An individual who has been subject to disqualification, probationary status, or restrictions on membership following the Offense Preliminary Consideration may appeal the decision made by the Chief Executive Officer, or their designee, to the Disciplinary and Grievance Committee for a Background Check Review.

To initiate a Background Check Review, an individual must submit a written statement outlining:

1. The inapplicability of the background check policy to the specific circumstances resulting in the adverse finding; or
2. An acceptance of the applicability of the background check policy to the specific circumstances resulting in the adverse finding, but an explanation of additional information or circumstances for the committee’s consideration relative to an exemption for limited or full participation in the role being pursued.

The Disciplinary and Grievance will consider the information provided by the individual seeking a Background Check Review and reach a decision regarding the ability of an individual to participate, potentially including, but not limited to, the following possible outcomes:

1. Disqualification for membership;
2. Probationary status for membership;
3. Restrictions on membership, including, but not limited to: a. Prohibition from driving vehicles (including privately owned) while conducting b. any membership role; and c. Prohibition from being a signing officer for USA Rugby or a member non-profit d. organization and/or having financial oversight, including cash handling;
4. Full membership with no restrictions.

If an individual subject to disqualification, probationary status, or restrictions under this policy is permitted to participate in USA Rugby activities following an appeal under this section, the individual’s access and involvement is subject to any limitations the Disciplinary and Grievance Committee, in their sole discretion, deems necessary. Any limitations placed on an individual’s access and involvement permitted through a Background Check Review are final for the remainder of the current season. An individual is only permitted to seek a Background Check Review once per rugby season approximately September – August).

Each USA Rugby Member and prospective USA Rugby Member has the affirmative duty to disclose his or her relevant criminal history. Failing to disclose or intentionally misrepresenting an arrest, charge, plea or conviction history is grounds for USA Rugby Member revocation or restriction, regardless of when the offense is discovered.

Any USA Rugby Member or prospective USA Rugby Member who has been banned by another sport organization, as temporarily or permanently ineligible, must self-disclose this information immediately to the USA Rugby SafeSport Liaison Officer at compliance@usa.rugby. A failure to disclose is a basis for disqualification.

The individual has an ongoing obligation, prior to the expiration of his or her background check, to inform USA Rugby if there has been any change in his or her status (e.g. criminal activity). If, prior to the expiration of the Member’s background check, USA Rugby becomes aware of a potential change in status (e.g. criminal activity) either through information received from the individual, third party, the medica, or otherwise, USA Rugby shall have the right to conduct additional background checks at any time, and should the findings meet the criteria outlined above, USA Rugby shall have the right to immediately deregister that individual.

USA Rugby is required to notify the USOPC of any decision reached by USA Rugby which has the effect of allowing an individual covered by this USA Rugby Background Check Policy to reside, train, or compete at an Olympic Training Center or participate in a USOPC Delegation Event, despite being flagged by the background check screen for any of the below crimes:

1. Any felony involving:
   1. Violence against a person within the previous ten (10) years;
   2. Violent crimes involving weapons (including armed robbery and aggravated assult with a weapon) within the previous ten (10) years; and
   3. Animal abuse, cruelty, or neglect;
2. Any felony or misdemeanor involving:
   1. All sexual crimes and criminal offenses of a sexual nature to include, but not limited to; rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, and any sex offender registrant (including prostitution, indecent exposure, public indecency);
   2. Drug offenses including: drug distribution, intent to distribute, manufacturing, trafficking, or sale within the previous 7 years (excluding crimes for drug use or possession); and
   3. Harm to a minor or vulnerable person, including, but not limited to: offenses such as child abandonment, child endangerment/neglect/abuse, contributing to the delinquency of a minor, providing alcohol to a minor, and DUI with a minor;

In addition to reviews above, the results of a pre-appointment review of a candidate for a governance position may be considered by the Nominating Committee at their discretion. The Nominating Committee may not reduce, limit or constrain any of the requirements in this policy.

The CEO (or the Board in a situation where the CEO is involved or conflicted) may require background check requirements beyond those mandated in this policy at their discretion and in conformance with state or federal law.

The CEO may not reduce, limit or constrain any of the requirements in this policy.