Screening Policy

Click here to view the OBA Screening Policy as a .pdf

Policy Statement

The OBA understands that screening personnel and volunteers is a vital part of providing a safe sporting environment and has become a common practice among sport organizations that provide programs and services to the community. This Policy applies to all individuals whose position with the OBA is one of trust or authority which may relate to, at a minimum, finances, coaching, training, medical support, or Vulnerable Participants. Not all individuals associated with the OBA will be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to the OBA members, employees, or the association.

The OBA will determine which roles and individuals will be subject to screening using the following guidelines (the OBA may vary the guidelines at its discretion):

  • Level 1 – Low Risk – Participants involved in low-risk assignments who are not in a supervisory role, not directing others, not involved with finances, and/or do not have unsupervised access to Vulnerable Participants. Examples: a) Parents, youth, or volunteers who are helping on a non-regular or informal basis.
  • Level 2 – Medium Risk – Participants involved in medium risk assignments who may be in a supervisory role, may direct others, may be involved with finances, and/or who may have limited access to Vulnerable Participants. Examples: a) Athlete support personnel b) non-coach employees or managers c) Directors d) Officials e) Coaches who are typically under the supervision of another coach
  • Level 3 – High Risk – Participants involved in high-risk assignments who occupy positions of trust and/or authority, have a supervisory role, direct others, are involved with finances, and who have frequent or unsupervised access to Vulnerable Participants. Examples: a) Full time coaches b) Coaches who travel with athletes c) Coaches who could be alone with athletes.

Role of the Screening Committee

The implementation of this policy is the responsibility of the Executive Director in conjunction with the OBA’s Screening Committee which is a committee of three (3) members appointed by the OBA. We will ensure that the members appointed to the Screening Committee possess the requisite skills, knowledge, and abilities to accurately assess screening documents and render decisions under this Policy. This is a position of trust, and each member should maintain confidentiality as appropriate and ensure the privacy of the information shared.

The Screening Committee is responsible for reviewing all documents submitted and based on the review, making decisions regarding the appropriateness of individuals filling positions within the organization. In carrying out its duties, the Screening Committee may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, or any other person.

Nothing in this Policy restricts or limits the Screening Committee from requesting that the individual attend an interview with the Screening Committee if the Screening Committee considers that an interview is appropriate and necessary to screen the individual’s application for further clarity and understanding.

Nothing in this Policy restricts or limits the Screening Committee from requesting the individual’s authorization to contact any professional, sporting, or other organization to assess the individual’s suitability for the position that they are seeking.

Nothing in this Policy restricts or limits the Screening Committee from requesting further information from the individual on more than one occasion, subject to the individual’s right to insist that the Screening Committee decide based on the information before it.

The Screening Committee may, where appropriate, draw an adverse inference from an individual’s failure to provide information or answer queries.

When assessing an individual’s screening application, the Screening Committee shall determine whether there is reason to believe that the individual may pose a risk to member, employee or to the OBA.

An individual having been previously penalized for a prior offence shall not prevent the Screening Committee from considering that offence as part of the individual’s screening application.

If the Screening Committee determines based on the individual’s screening application, in addition to any further material received by it, that the individual does not pose a risk to the members of the OBA, the Screening Committee shall approve the individual’s application, subject to the Screening Committee’s right to impose conditions.

In the case of a decision denying an application or approving an application with conditions, a copy of the decision shall be provided to the applicant and to the Board of Directors of OBA which may disseminate the decision as they see fit to best fulfil the mandate of OBA.

A Participant whose screening application has been denied or revoked may not re-apply to participate in the programs or activities of OBA for two (2) years from the date the rejected application was made.

Screening Requirements

It is the Ontario Basketball Association’s policy that when an individual is first engaged by the OBA:

Level 1 individuals will:

  1. Complete a Screening Disclosure Form (Appendix A)
  2. Participate in training, orientation, and monitoring as determined by OBA b)

 

Level 2 individuals will:

  1. Complete a Screening Disclosure Form
  2. Complete and provide an E-PIC
  • Participate in training, orientation, and monitoring as determined by OBA iv. Provide a driver’s abstract, if requested

Level 3 individuals will:

  1. Complete a Screening Disclosure Form
  2. Complete and provide an E-PIC
  • Participate in training, orientation, and monitoring as determined by OBA
  1. Provide a driver’s abstract, if requested d) If an individual subsequently receives a charge, conviction for, or is found guilty of, an offense they will report this circumstance immediately to OBA. Additionally, the individual will inform OBA of any changes in their circumstance that would alter their original responses in their Screening Disclosure Form.

If the OBA learns that an individual has provided false, inaccurate, or misleading information, the individual will immediately be removed from their position and may be subject to further discipline in accordance with OBA’s Discipline and Complaints processes.

Young People

Ontario Basketball Association defines a young person as someone who is younger than 18 years old. When screening young people, we will:

  1. a) Not require the young person to obtain a VSC or E-PIC; and in lieu of obtaining a VSC or E-PIC, require the young person to submit up to two (2) letters of reference.

Notwithstanding the above, Ontario Basketball may ask a young person to obtain a VSC or E-PIC if the OBA suspects the young person has an adult conviction and therefore has a criminal record. In these circumstances, the OBA will be clear in its request that it is not asking for the young person’s youth record. Ontario Basketball understands that it may not request to see a young person’s youth record.

Renewal

Unless the Screening Committee determines, on a case-by-case basis, to modify the submission requirements, individuals who are required to submit an E-PIC, Screening Disclosure Form, VSC, or Screening Renewal Form, are required to submit the documents as follows:

  1. a) An E-PIC every three years
  2. b) A Screening Disclosure Form every three years
  3. c) A Screening Renewal Form (Appendix B) every year
  4. d) A Vulnerable Sector Check once every three years

At any time, including after either the submission of an individual’s application or its approval (with or without conditions), the Screening Committee may re-open an individual’s file for additional screening if it is advised of new information that, in the discretion of Ontario Basketball, could affect the assessment of the individual’s suitability for participation in the programs or activities of the organization, or the individual’s interactions with other individuals involved with the OBA.

Training and Monitoring

The type and amount of training and monitoring will be based on the individual’s level of risk, at OBA’s discretion. Orientation may include, but is not limited to: introductory presentations, facility tours, equipment demonstrations, parent/athlete meetings, meetings with colleagues and supervisors, orientation manuals, orientation sessions, and increased supervision during initial tasks or initial period of engagement. Training may include, but is not limited to: certification courses, online learning, mentoring, workshop sessions, webinars, on-site demonstrations, and peer feedback. Courses may include a) Respect in Sport for Activity Leaders b) CAC Safe Sport Training c) Commit to Kids. At the conclusion of orientation and training, the individual will be required to acknowledge, in written form that they have received and completed the orientation and training. Monitoring may include but is not limited to: written or oral reports, observations, tracking, electronic surveillance (e.g., facility security cameras), and site visits.

How to Obtain an E-PIC or VSC 26. Ontario Basketball has joined Coaching Association of Canada’s Responsible Coaching Movement and therefore has access to the E-PIC at a discounted rate. Participants can obtain an E-PIC via https://www.sterlingtalentsolutions.ca/landing-pages/c/cac_ace/

In Ontario, the OBA understands that the Police Record Checks Reform Act, 2015 requires the individual to consent in writing before requesting a criminal record check (such as an E-PIC). The Act also requires the individual to consent in writing for any disclosure of the results to the requesting organization.

Process of Submitting Screen Documents

Screening documents must be submitted to the Screening Committee. An individual who refuses or fails to provide the necessary screening documents will be ineligible to volunteer or apply for the position sought. The individual will be informed that their application and/or position will not proceed until such time as the screening documents are submitted. We understand that there may be delays in receiving the results of an E-PIC. At its discretion, Ontario Basketball may permit the individual to participate in the role during the delay. At the same time, Ontario Basketball may withdraw this permission at any time and for any reason. Ontario Basketball recognizes that different information will be available depending on the type of screening document that the individual has submitted. The Screening Committee will use its expertise and discretion when making decisions based on the screening documents that have been submitted and may request further screening documents if deemed necessary.

Following the review of the screening documents, the Screening Committee will decide:

  1. a) The individual has passed screening and may participate in the desired position.
  2. b) The individual has passed screening and may participate in the desired position with conditions.
  3. c) The individual has not passed screening and may not participate in the desired position; or
  4. d) More information is required from the individual.

In making its decision, the Screening Committee will consider the type of offense, date of offense, and relevance of the offense to the position sought. The Screening Committee may decide that an individual has not passed screening if the screening documentation reveals any of the following:

  1. a) If imposed in the last ten years: i. Any offense involving the use of a motor vehicle, including but not limited to impaired driving ii. Any offense involving conduct against public morals iii. Any offense involving theft or fraud
  2. b) If imposed at any time: i. Any offense involving a Minor or Minors ii. Any offense of assault, physical or psychological violence iii. Any offense involving trafficking or possession of illegal drugs iv. Any offense involving the possession, distribution, or sale of any child-related pornography v. Any sexual offense Conditions and Monitoring

Excluding the incidents above which, if revealed, would cause the individual to not pass screening, the Screening Committee may determine that incidents revealed on an individual’s screening documents may allow the individual to pass the screening process and participate in a desired position with conditions imposed. The Screening Committee may apply and remove conditions at its discretion and will determine how adherence to conditions may be monitored.

Records

All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, or for use in legal, quasi-legal, or disciplinary proceedings. The records kept, which will be stored in a secure area, by the OBA as part of the screening process include but are not limited to:

  1. a) An individual’s Vulnerable Sector Check
  2. b) An individual’s E-PIC (for a period of three years)
  3. c) An individual’s Screening Disclosure Form (for a period of three years)
  4. d) An individual’s Screening Renewal Form (for a period of one year)
  5. e) Records of any conditions attached to an individual’s registration by the Screening Committee
  6. f) Records of any discipline applied to any individual by OBA or by another sport organization

Definitions

The following terms have these meanings in this Policy:

  1. a) “Criminal Record Check (CRC)” – A search of the RCMP Canadian Police Information Centre (CPIC) system for adult convictions
  2. b) “Local Police Information (LPI)” – additional conviction and selected non-conviction information in national and local police data sources which may be relevant to the position sought
  3. c) “Enhanced Police Information Check (E-PIC)” – a Criminal Record Check plus a search of local police information, available from Sterling Backcheck
  4. d) “Vulnerable Sector Check (VSC)” – a detailed check that includes a search of the RCMP Canadian Police Information Centre (CPIC) system, local police information, and the Pardoned Sex Offender database
  5. e) “Vulnerable Participants” – A person under the age of 18 years old and/or a person who, because of age, disability, or other circumstance, is in a position of dependence on others or is otherwise at a greater risk than the general population of being harmed by people in positions of trust or authority

 

Updated & Approved July 31, 2022 by Ontario Basketball Board of Directors.