BSA’s new Background Check Authorization Form

[mds3d]

15 hours ago, RememberSchiff said:

Good , remove that clause.  This would give the accused and his/her attorneys time to review the CRA, any other documents , and respond.  Over the years, we have had a few good people rejected for reasons unknown and  no appeal. If Council knew, they were not saying. 

Second point, understood.  If I reject their conditions, I am free to serve elsewhere.

Well at least there  is no "do not disparage" clause ,  well not in writing anyway.  Where would I be then?  

Why would removing that clause give anyone time to review the background check?  The BSA isn't under any obligation to reveal what they find as far as I am aware.  They would be more likely to just say "no" and move on.  Once I had a volunteer rejected by national with no answer.  Everyone around him was shocked but he didn't really seem as surprised as I thought.  A couple years later I found out what probably showed up and I wasn't surprised national responded as they did.  

Background checks are there to identify people we think are good but have something hidden in their past.  These background checks are part of our YPT process.  Why would we be less serious about them than other things.  

15 hours ago, Eagle94-A1 said:

Do you really trust National? I have been told a lot of things that National would not do over the years, only to see them change policy and do it. And National does not have a history of being Trustworthy. Look at the "Prohibited Activities FAQ" found here:  https://www.scouting.org/health-and-safety/prohibited-activities-faqs/ . One Questions is

...

I don't really trust anyone more than I have to.  However, I see no reason for them to start doing credit checks.  I don't know what is behind the dodgeball thing. My understanding is that that clause is there for compliance with FCRA. 

[RememberSchiff]

7 hours ago, mds3d said:

Why would removing that clause give anyone time to review the background check?  The BSA isn't under any obligation to reveal what they find as far as I am aware.  They would be more likely to just say "no" and move on.  Once I had a volunteer rejected by national with no answer.  Everyone around him was shocked but he didn't really seem as surprised as I thought.  A couple years later I found out what probably showed up and I wasn't surprised national responded as they did.  

Background checks are there to identify people we think are good but have something hidden in their past.  These background checks are part of our YPT process.  Why would we be less serious about them than other things.  

Remove this sentence

"Except as otherwise prohibited by applicable law, I consent to and authorize the Company to share this information with Company’s current or prospective clients, customers, others with a need to know, and/or their agents for business reasons (e.g., to place me in certain positions, work sites, etc.). "

Legally, the BSA can perform only the specific personal background checks related to YP which I consent. If I do not consent , no check is done and I am no longer a member. But if I do consent, my information (CRA, etc.) is only to be shared with me.  If others want that information, they can submit a request to me stating who they are and reason. All Council and my unit need to know is National's membership decision: approved or not.

I understand the BSA may revoke or approve  my  membership based on the information in those background checks. Either way, the BSA needs to understand I want to fact check that information (same as OK, MN, and NY folk),  after all I paid for this screening with my registration fee.  

Edited October 20, 2019 by RememberSchiff
grammar

[malraux]

7 hours ago, RememberSchiff said:

All Council and my unit need to know is National's membership decision: approved or not.

Isn’t that a disclosure though?

[RememberSchiff]

14 minutes ago, malraux said:

Isn’t that a disclosure though?

Yes, National discloses their membership decision ( yes or "nope, not that guy.")  to Council, my unit, and let me add CO, but not the information obtained from my personal background  check. 

Edited October 20, 2019 by RememberSchiff

[mds3d]

12 hours ago, RememberSchiff said:

Remove this sentence

"Except as otherwise prohibited by applicable law, I consent to and authorize the Company to share this information with Company’s current or prospective clients, customers, others with a need to know, and/or their agents for business reasons (e.g., to place me in certain positions, work sites, etc.). "

Legally, the BSA can perform only the specific personal background checks related to YP which I consent. If I do not consent , no check is done and I am no longer a member. But if I do consent, my information (CRA, etc.) is only to be shared with me.  If others want that information, they can submit a request to me stating who they are and reason. All Council and my unit need to know is National's membership decision: approved or not.

I understand the BSA may revoke or approve  my  membership based on the information in those background checks. Either way, the BSA needs to understand I want to fact check that information (same as OK, MN, and NY folk),  after all I paid for this screening with my registration fee.  

I guess what I am getting at is that removing that sentence doesn't give them any reason to share their results with you.  From my understanding, you have a right to a copy of a credit check but not necessarily a criminal background check.  So, without that clause you still probably aren't getting to review what they found.  What you seem to want is a clause that would require them to provide you a copy of whatever they find.  

What others are saying is that "approved or not" is a disclosure covered by this clause, i.e. this clause is necessary for them to provide a yes or no answer.  If they answer no they are disclosing that there was something on a background check that is excluding you.  It doesn't matter that they aren't disclosing what that is specifically.  This is all a function of the structure of the BSA.  If the councils and units were part of the legal entity that is the BSA National office then it wouldn't be an issue, but then lots of things would be different.  

[walk in the woods]

2 hours ago, mds3d said:

What others are saying is that "approved or not" is a disclosure covered by this clause, i.e. this clause is necessary for them to provide a yes or no answer.  If they answer no they are disclosing that there was something on a background check that is excluding you.  It doesn't matter that they aren't disclosing what that is specifically.  This is all a function of the structure of the BSA.  If the councils and units were part of the legal entity that is the BSA National office then it wouldn't be an issue, but then lots of things would be different.  

Problem is, that check gets you on the IV list.  Then, when those lists get subpoenaed in the next round of law suits, there your name is to be drug through the dirt, even if the check was wrong.

[malraux]

7 minutes ago, walk in the woods said:

Problem is, that check gets you on the IV list.  Then, when those lists get subpoenaed in the next round of law suits, there your name is to be drug through the dirt, even if the check was wrong.

That’s not unique to this new agreement though. 

[walk in the woods]

2 hours ago, malraux said:

That’s not unique to this new agreement though. 

True but the BSA is demanding a new and broader agreement than before so prudent folks will reevaluate the risk reward structure in light of the BSAs current political, financial, and legal environment.

[mds3d]

2 hours ago, walk in the woods said:

True but the BSA is demanding a new and broader agreement than before so prudent folks will reevaluate the risk reward structure in light of the BSAs current political, financial, and legal environment.

Is it though?  As i look at the various versions of the adult application online it doesn't seem like this is actually asking for much more than the application did.  I wonder if this is more about catching all those adults who have been continuously registered for longer than the current practice. Seems like if you applied recently, they already have this authorization. 

[mds3d]

Here we go:

From the form in 2018

Quote

To the extent permitted by applicable law, I hereby consent to and authorize Boy Scouts of America and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the “Company”), to procure consumer report(s), which may include criminal background check(s) and/or investigative consumer report(s) (as defined by applicable California law), on my background from a consumer reporting agency (“CRA”) or from an investigative consumer reporting agency (“ICRA”), as described in the Background Check Disclosure, the Additional Disclosures, and the California State Law Disclosures (Non-Credit) (all of which I have received separately from the Company). I have reviewed and understand the information, statements, and notices in the Background Check Disclosure, the Additional Disclosures, and the California State Law Disclosures (Non-Credit), as well as this Background Check Authorization. My authorization remains valid throughout my volunteer relationship with the Company, such that, to the extent permitted by applicable law, I agree Company can procure additional consumer report(s), which may include criminal background check(s), during my volunteer relationship without providing additional disclosures or obtaining additional authorizations. Except as otherwise prohibited by applicable law, I consent to and authorize the Company to share this information with Company’s current or prospective clients, customers, others with a need to know, and/or their agents for business reasons (e.g., to place me in certain positions, work sites, etc.).

From 2016:

Quote

In order to safeguard the youth in our program, the Boy Scouts of America will procure consumer reports on you in connection with your application, and the Boy Scouts of America may procure additional consumer reports at any time in order to evaluate your continued suitability for participation. The Boy Scouts of America has contracted with First Advantage, a consumer reporting agency, to provide the consumer reports. First Advantage may be contacted by mail at First Advantage, 1000 Alderman Drive, Alpharetta, GA 30005 or by telephone at 800-845-6004. The consumer reports may contain information bearing on your character, general reputation, personal characteristics, and mode of living. The types of information that may be obtained include but are not limited to Social Security number verification, sex offender registry checks, criminal records checks, inmate records searches, and court records checks. The information contained in these consumer reports may be obtained by First Advantage from public record sources. The consumer reports will not include credit record checks or motor vehicle record checks. The nature and scope of the consumer reports are described above. Nonetheless, you are entitled to request a complete and accurate disclosure of the nature and scope of such reports by submitting a written request to First Advantage at the address listed above. Additional notices for applicants in California, New York, Minnesota, and Oklahoma are provided.

APPLICANT’S ACKNOWLEDGMENT AND AUTHORIZATION

I have carefully read this notice and authorization form and I hereby authorize the Boy Scouts of America and First Advantage to procure a consumer report, which as described above will include information relating to my criminal history as received from reporting agencies. I understand that this information will be used to determine my eligibility in the Boy Scouts of America. I also understand that additional consumer reports may be procured at any time. I understand that if the Boy Scouts of America chooses not to accept my application or to revoke my membership based on information contained in a consumer report, I will receive a summary of my rights under the Fair Credit Reporting Act and contact information for the reporting agency, First Advantage.

(2014 was the same)

2012-

Quote

NOTICE TO APPLICANT REGARDING BACKGROUND CHECK In order to safeguard the youth in our program, the Boy Scouts of America will procure consumer reports on you in connection with your application to serve as a volunteer, and the Boy Scouts of America may procure additional consumer reports at any time during your service as a volunteer in order to evaluate your continued suitability for volunteer service.  The Boy Scouts of America has contracted with LexisNexis, a consumer reporting agency, to provide the consumer reports.  LexisNexis may be contacted by mail at LexisNexis, 1000 Alderman Drive, Alpharetta, GA 30005 or by telephone at 800-845-6004. The consumer reports may contain information bearing on your character, general reputation, personal characteristics, and mode of living. The types of information that may be obtained include but are not limited to Social Security number verification, sex offender registry checks, criminal records checks, inmate records searches, and court records checks. The information contained in these consumer reports may be obtained by LexisNexis from public record sources. The consumer reports will not include credit record checks or motor vehicle record checks. The nature and scope of the consumer reports are described above. Nonetheless, you are entitled to request a complete and accurate disclosure of the nature and scope of such reports by submitting a written request to LexisNexis at the address listed above. Additional notices for applicants in California, New York, Minnesota, and Oklahoma are provided. APPLICANT’S ACKNOWLEDGMENT AND AUTHORIZATION I have carefully read this notice and authorization form and I hereby authorize the Boy Scouts of America and LexisNexis to procure a consumer report, which as described above will include information relating to my criminal history as received from reporting agencies. I understand that this information will be used to determine my eligibility for a volunteer position with the Boy Scouts of America.  I also understand that as long as I remain a volunteer, additional consumer reports may be procured at any time. I understand that if the Boy Scouts of America chooses not to accept my application or to revoke my membership based on information contained in a consumer report, I will receive a summary of my rights under the Fair Credit Reporting Act and contact information for the reporting agency, LexisNexis.

2009- 

Quote

NOTICE TO APPLICANT REGARDING BACKGROUND CHECK In order to safeguard the youth in our care, the Boy Scouts of America will procure consumer reports on you in connection with your application to serve as a volunteer, and the Boy Scouts of America may procure additional consumer reports at any time during your service as a volunteer in order to evaluate your continued suitability for volunteer service. The Boy Scouts of America has contracted with ChoicePoint, a consumer reporting agency, to provide the consumer reports. ChoicePoint may be contacted by mail at ChoicePoint, 1000 Alderman Drive, Alpharetta, GA 30005 or by telephone at 800-845-6004. The consumer reports may contain information bearing on your character, general reputation, personal characteristics, and mode of living. The types of information that may be obtained include but are not limited to Social Security number verification, sex offender registry checks, criminal records checks, inmate records searches, and court records checks. The information contained in these consumer reports may be obtained by ChoicePoint from public record sources. The consumer reports will not include credit record checks or motor vehicle record checks. The nature and scope of the consumer reports are described above. Nonetheless, you are entitled to request a complete and accurate disclosure of the nature and scope of such reports by submitting a written request to ChoicePoint at the address listed above. Additional notices for applicants in California, New York, Minnesota, and Oklahoma are provided. APPLICANT’S ACKNOWLEDGMENT AND AUTHORIZATION I have carefully read this notice and authorization form and I hereby authorize the Boy Scouts of America and ChoicePoint to procure a consumer report, which as described above will include information relating to my criminal history as received from reporting agencies. I understand that this information will be used to determine my eligibility for a volunteer position with the Boy Scouts of America. I also understand that as long as I remain a volunteer, additional consumer reports may be procured at any time. I understand that if the Boy Scouts of America chooses not to accept my application or to revoke my membership based on information contained in a consumer report, I will receive a summary of my rights under the Fair Credit Reporting Act and contact information for the reporting agency, ChoicePoint.

Javascript seems to have prevented the internet archive from catching further back than that but this is 10 years worth.  

[RememberSchiff]

Actually it does. In 2018, that sentence of sharing information suddenly appears :  share this information with Company’s current or prospective clients, customers, others with a need to know, and/or their agents for business reasons (e.g., to place me in certain positions, work sites, etc.). The other major change is the CRA is not named!

Most of what I am asking appeared in 2012,  the last time I signed such an authorization.  Use 2012 as template, replace Lexis Nexis and contact information with new agency name (not generic CRA placeholder) and its contact information.  Yes, if the BSA changes agency again, a new  authorization form is required as it has been in the past. 

If the right thing was done instead of only "all that is legally required",  all volunteers not just those in CA, OK, MN, and NY would receive copies but I can sign a 2012-style authorization and contact the new specified agency if necessary.  A provision should be added that if membership is revoked or application is denied that such an inquiry should be at no cost....I know not legally required , but the right thing to do. 

So the BSA wants my authorization to hire one or more unspecified CRA's to disclose whatever information these CRA 's  obtain without my review to persons and groups unspecified until I leave the BSA.  Not happening.

The BSA overreached in this, perhaps to sell my private personal information which may or may not be correct, perhaps to reduce paperwork when they change CRA's. 

Edited October 21, 2019 by RememberSchiff

[walk in the woods]

And National is perfectly happy to walk the line with regards to outside vendors, anybody remember this, https://www.alamoareabsa.org/news/libertymutualmailing/?