TAYBS CORI Policy

This policy is applicable to the criminal history screening of coaches, volunteers, prospective and current employees, subcontractors, vendors and interns and applicants as those terms are defined in M.G.L. c. 268, § 1 for services provided to Townsend Ashby Youth Baseball & Softball (TAYBS).

Where Criminal Offender Record Information (CORI) and other criminal history checks may be part of a general background check for employment, volunteer work, the following practices and procedures will be followed. 

CORI checks will only be conducted as authorized by the DCJIS and MGL c. 6, §. 172, and only after a CORI Acknowledgement Form (the TAYBS Volunteer Application) has been completed.

The TAYBS Volunteer Application notifies individuals that their CORI may be requested at any time until such authorization is withdrawn.

All CORI obtained from the DCJIS is confidential, and access to the information must be limited to those individuals who have a “need to know”. This may include, but not be limited to, board members, hiring managers, staff submitting the CORI requests, and staff charged with processing job applications. TAYBS must maintain and keep a current list of each individual authorized to have access to, or view, CORI. This list must be updated every six (6) months and is subject to inspection upon request by the DCJIS at any time. 

An informed review of a criminal record requires training. Accordingly, all personnel authorized to review or access CORI at TAYBS will review, and will be thoroughly familiar with, the educational and relevant training materials regarding CORI laws and regulations made available by the DCJIS.

All personnel authorized to conduct criminal history background checks and/or to review CORI information will review, and will be thoroughly familiar with, the TAYBS CORI Policy.

CORI used for employment and volunteer purposes shall only be accessed for applicants who are otherwise qualified for the position for which they have applied.

Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on background checks will be made consistent with this policy and any applicable law or regulations. 

If a criminal record is received from the DCJIS, the information is to be closely compared with the information on the TAYBS Volunteer Application and any other identifying information provided by the applicant to ensure the record belongs to the applicant. 

If the information in the CORI record provided does not exactly match the identification information provided by the applicant, a determination is to be made by an individual authorized to make such determinations based on a comparison of the CORI record and documents provided by the applicant. 

In connection with any decision regarding employment or volunteer opportunities the subject shall be provided with a copy of the criminal history record, whether obtained from the DCJIS or from any other source, prior to questioning the subject about it. The source(s) of the criminal history record is also to be disclosed to the subject. 

If a determination is made, based on the information as provided in this policy, that the criminal record belongs to the subject, and the subject does not dispute the record’s accuracy, then the determination of suitability for the position will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but are not limited to, the following: 

• Relevance of the record to the position sought;
• The nature of the work to be performed;
• Time since the conviction;
• Age of the candidate at the time of the offense;
• Seriousness and specific circumstances of the offense;
• The number of offenses;
• Whether the applicant has pending charges;
• Any relevant evidence of rehabilitation or lack thereof; and
• Any other relevant information, including information submitted by the candidate or requested by TAYBS. 

Any of the following items flagged, will require further discussion, and are possible reasons for being not allowed to coach -

• Have ever had a conviction for Child Abuse or Domestic Violence.
• Have ever had a conviction for a Sex Offence or Misconduct.
• Have ever had a conviction for a Violent Felony.
• Have had a conviction for any Felony within the past 10 years.
• Have had a conviction for any Misdemeanor within the past 2 years.
• Have any unresolved/pending convictions and/or arrests.
• Have ever violated the TAYBS Code of Conduct.

In the event of a failed application, the applicant is to be notified of the decision and the basis for it in a timely manner. 

If an authorized official is inclined to make an adverse decision based on the results of a criminal history background check, the applicant will be notified in accordance with DCJIS regulations 803 CMR 2.18, 2.19, 5.14, 11.12. The subject shall be provided with a copy of the organization's CORI policy and a copy of the criminal history (unless a copy was provided previously). The source(s) of the criminal history will also be revealed. The subject will then be provided with an opportunity to dispute the accuracy of the CORI record. Subjects shall also be provided a copy of DCJIS’ Information Concerning the Process for Correcting a Criminal Record.

All CORI obtained from the DCJIS is confidential and can only be disseminated as authorized by law and regulation. A central secondary dissemination log shall be used to record any dissemination of CORI outside this organization, including dissemination at the request of the subject.