Effective March 1, 2019
The Florida State Golf Association (FSGA) is committed to the protection of all persons who are associated with the FSGA including members, staff, volunteers and guests. The FSGA shall conduct criminal background checks of all employees and volunteers who have direct, repetitive contact with children participating in our programs. Generally, all FSGA tournament volunteers will be screened. Course rating volunteers will not fall under this policy due to their lack of interaction with children.
The FSGA will carry out this requirement in a fair, consistent and non-discriminatory manner, complying with applicable state and federal laws and guidelines, including the Fair Credit Reporting Act and the Equal Employment Opportunities Commission. The FSGA will pay for the costs associated with the background check.
The FSGA utilizes an independent background verification agency. That agency provides a name-based system to obtain data for individual background checks, but at a minimum each individual background check shall include: (a) verification of the individual’s identity and legal aliases, (b) a national search of sex offender registries and (c) a national search of criminal records. Background checks shall be conducted as a part of the volunteer’s initial orientation and renewed on a thirty-six (36) month basis. Other data may also be obtained, based on individual employee or volunteer duties or responsibilities.
Background check findings shall be reviewed in a fair, impartial and confidential manner. Because the FSGA’s priority is the safety of the members, staff, volunteers and guests, certain actions and convictions for certain crimes serve to automatically disqualify applicants for employment or volunteer service at the FSGA in any position that involves working with children. A person will be ineligible, subject to limited appeal, for employment or volunteer service if the person:
- refuses to consent to a criminal background check,
- makes a false statement in connection with such criminal background check,
- is registered, or required to be registered on any sex offender registry,
- has been convicted of a felony,
- or has been convicted within the past 5 years of a misdemeanor involving:
- physical assault or battery,
- drugs or controlled substances, or
- cruelty to animals.
With respect to convictions for crimes not listed above, or appeals to those above, any applicant with such a conviction shall be evaluated on an individual basis to determine whether they should be excluded from consideration based on the conviction. In so doing, the FSGA shall consider the following factors:
- the nature and gravity of the offense;
- the time that has passed since the offense or completion of sentence;
- the nature of the job sought or held;
- the facts and circumstances surrounding the offense or conduct;
- the number of offenses for which the individual was convicted;
- the age of the individual at the time of conviction or release;
- evidence that the individual performed the same type of work, post-conviction, with the same or a different employer with no known incidents of criminal conduct;
- the length and consistency of employment history before and after the offense or conduct;
- rehabilitation efforts, e.g. education and/or training;
- employment or character references and any other information regarding fitness for the particular position; and
- whether the individual is bonded under a federal, state, or local bonding program.
The FSGA shall alert the applicant to the possibility of his or her exclusion due to past criminal conduct and provide the applicant an opportunity to submit an explanation. All personal data, background check data and adverse action letters shall be treated as confidential and maintained in a secure location.