Whereas, Barrow County by and through the Barrow County Recreation Department, in endeavoring to protect all children participating in Department programs from potential harm by persons who may from time to time have unsupervised access to said children, instituted a procedure whereby all volunteer coaches and other persons who undertake such responsibilities involved with children who participate in our programs, must first submit to a criminal history background check (prior to undertaking the supervision of said children).

And whereas Barrow County and the Barrow County Recreation Department have determined that it is necessary and proper to adopt and institute certain policies related to the use and interpretation of the results of said background checks / criminal history report documentation. 

Now therefore, the Barrow County Recreation Department does hereby adopt and institute the following policies and procedures relative to volunteer coaches’ background checks:

1. All results of background checks undertaken with consent including, but not limited to, printouts of Georgia Crime Information Center (GCIC) and National Crime Information Center (NCIC) records will be maintained in the custody and control of the Director of the Barrow County Recreation Department.

2. All records related to said background checks will remain the property of the Barrow County Recreation Department and will be held inviolate.  No portion of said documents shall be disseminated in any way, except that the Barrow County Recreation Advisory Board, Barrow County Recreation Director, and / or Director of Athletics, and the Barrow County Attorney shall have access to said records where the eligibility and suitability of any candidate / applicant is called into question following a records check.

3. Barrow County Recreation Department will institute its background check procedure after the completion of each and every eighteen (18) month period.  However, if a volunteer coach or any other person having access to children participating in the Barrow County Recreation Department  programs consistently participates in said programs, then such a person shall only be required to submit to a background check every (3) yrs.

A. The Barrow County Recreation Department Director and if necessary, the Advisory Board Chairperson, shall review the results of all background checks and shall, in his or her sole discretion, determine an applicant’s eligibility and suitability to participate in Barrow County Recreation Department programs after due consideration of the following factors: If an applicant has been convicted, arrested, or is currently charged with:

1. Simple Battery or Aggravated Battery where the victim is a minor

2. Cruelty to children

3. Contributing to the delinquency of a minor

4. Any sexual offense

5. Violation of any Controlled Substance Act

6. Alcohol related violations

7. Murder or felony murder

8. Criminal attempt to commit any above-named offense

 9.  Any other crime that bears upon his/her fitness to have responsibility for safety and well being of children.

He / she can summarily be disqualified from participating in Barrow County Recreation Department programs.

B. If the applicant / volunteer has been convicted, arrested, or is currently charged with any crime the Director or Advisory Board shall consider:

1. The date / age of each conviction, arrest, and / or charge.

2. The disposition of each conviction, arrest, and / or charge as shown on an NCIC or GCIC printout which has been provided to Barrow County Recreation Department by the Barrow County Sheriff’s Department.

3. The number and frequency of each conviction, arrest, and / or charge.

4. If an applicant has any prior criminal history, the Director or Advisory Board should consider whether such history bears upon an applicant’s eligibility and suitability to have unsupervised access to children participating in BCPRD programs.

5. After having considered the factors set out in paragraph four (4) of these policies, the Barrow County Recreation Department Director, Advisory Board, and / or Athletic Director may in their sole discretion:

A. Allow an applicant / volunteer to participate in BCPRD programs despite a finding that said applicant / volunteer has been convicted, arrested, or is currently charged for a violation of the enumerated offenses outlined in paragraph four (4), sub-section (A).

B. Disqualify an applicant / volunteer from participating in BCPRD programs who might otherwise not be subject to automatic disqualification under paragraph four (4), sub-section (A).  Any controlled substance conviction within five (5) years of application or a felony conviction will be denied.  Multiple alcohol related convictions / violations within three (3) years of application will be denied.  Single alcohol related convictions / violations would be handled on a case-by-case basis.

C. Determine the eligibility and suitability of all persons who may, from time to time, come into contact with children participating in Barrow County Recreation Department programs.  This includes anyone who would be asked to be a temporary substitute for an already approved person.  It is the responsibility of the approved coach, volunteer, or instructor to inform the Barrow County Recreation Department Director or Athletic Director of any and all information related to others who, through their relationship with the volunteer instructor or coach, may come into contact with children involved in our programs while the approved coach or volunteer is absent.

6. It is the policy of Barrow County Recreation Department to consult with the BCPRD Advisory Board and if necessary the Barrow County Attorney in arriving at any decision regarding the suitability and eligibility of questionable applicants.

7. All persons whose applications are denied shall have the right, upon written request within ten (10) days of being denied, to review GCIC and NCIC records that form the basis for their denial.  All written requests for these records must be sent first class U.S. Mail, return receipt requested, addressed to the Director of Barrow County Recreation Department.

8. As a part of the appeal process set out in this paragraph and paragraph seven (7), the applicant shall have the right to:

A. Obtain a copy of any background check report

B. Challenge the accuracy and completeness of information contained in any such report

C.  Request a hearing before the BCPRD Advisory Board pursuant to a request for reconsideration of denial of the application.

All persons who appeal the initial denial of their application to participate in Barrow County Recreation Department programs shall comply with the notice requirements as set out in paragraph seven (7) and pursuant thereto shall provide a written request for an appeal before the BCPRD Advisory Board within ten (10) days of being denied.  Said request must be sent first class U.S. Mail, return receipt requested, addressed to: Barrow County Recreation Department 175 Second Street Winder, GA  30680

Any application, which is under appeal from an applicant, still under review, or not yet complete prior to the start of any given season for a head coach will require that coach to remain inactive in his or her coaching duties.  This period of inactivity will remain in effect until such time as the background check and any additional follow up work (i.e. Advisory Board review / vote) has been completed and the coach has been officially approved to supervise children.

9.   I understand that I have a right to:     (1) Obtain a copy of any background check report, and (2) challenge the accuracy and completeness of any information contained in any such report.  I also understand that I may be required to submit a classifiable fingerprint card should an initial records check reveal that I have been arrested or convicted or that I am currently charged with any of the above enumerated offenses. I acknowledge that Barrow County Recreation Department may choose to deny me unsupervised access to a child or children pending the completion of the background check, and I further agree to hold Barrow County Recreation Department and/or Barrow County harmless regarding any liability for defamation, invasion of privacy, or any other claim based upon good faith action taken pursuant to the provisions of this consent.