NASO Policy Statement
Criminal Background Checks

The National Association of Sports Officials (NASO) is an organization whose members officiate numerous sports at all levels, from youth, interscholastic, college and recreational leagues, to minor and major league professional sports. During its 25 year history, NASO has frequently addressed many issues significant to all sports officials, including ethics for officials, and state legislation involving immunity from suit and the prosecution of a person who assaults a sports official. Another such issue now merits NASO’s attention: Background checks for criminal activity by persons who are or seek to become sports officials.

NASO recognizes that there are many (often conflicting) interests regarding this subject and that different states and organizations with jurisdiction over sporting contests have addressed this topic in different ways. Moreover, many states and organizations have chosen not to implement any program for such background checks. NASO supports in principle a state or organization’s decision whether to require a background check for any person who submits an application to officiate any amateur sport at any designated level. Furthermore, where such background checks are instituted, NASO would also support in principle a state or organization’s decision whether to require them for officials already certified, on either a periodic or random basis. However, no part of the expense for such a background check should be borne by the applicant or official.

NASO also recognizes that a background check may reveal a conviction for a federal or state felony or misdemeanor involving conduct so closely related to the conduct of a sports official that there could be a substantial risk to the players, the organization, other persons directly involved or the integrity of the contest should that person be allowed to officiate. In such a case, the organization charged with hiring or assigning officials for such contests should be empowered to preclude that person from officiating. NASO also submits, however, that there are many factors, including for example the particular offense, its disposition in the courts or elsewhere, and remoteness in time (if applicable) that will vary from case to case. Therefore, the governing state or organization should establish written procedures to ensure to the affected official or applicant adequate due process, including individualized consideration of the fairness or necessity of any decision adverse to him or her and a process for appeal that can be promptly invoked and decided. Finally, all information gathered and all proceedings undertaken regarding any background check should be completely confidential and disclosed only to the applicant or official, and to his or her authorized representative, unless further disclosure is required by governing law.