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Thank you for your order for staff application
forms! We have included, on this form,
questions and items that are generally
accepted by the camping profession and
state law.
The intent of this form is to gather information
that identifies the applicant's background,
need for housing at camp, ability to perform
the essential functions of the job (which
assumes they have a job description or
some means to determine what those essential
functions are), skills, and other pertinent
information.
Criminal background information is
not included on this form because state
laws vary in what is required or permissible,
and the manner in which such questions
may be asked. Due to child protection concerns,
ACA accreditation standards require that
the background of all applicants be checked,
but you may choose to not conduct criminal background
checks of all staff. (See January 1997
and May 1997 issues of CampLine for further
information on who may or must complete
criminal background checks.) Note that
in the 1999 revisions to the standards,
criminal background checks or the completion
of a "Voluntary Disclosure Statement" will
be required.
Some states have mandated criminal background
checks for camp staff members or all staff
with a supervisory relationship with children.
Others permit or recommend such
checks. Check with your attorney, law enforcement
officials, or local child protection agency
for current information on requirements.
ACA recommends the following steps:
- At a minimum, ask applicants direct
questions and obtain written answers
from them about their criminal background.
A very good way to do this is by using
a form such as the Voluntary Disclosure
Statement for Staff (FMI6), an ACA form
that asks individuals direct questions
concerning their past. The use of this
form will provide you with written statements
by individual concerning prior convictions
related to violence and abuse, any civil
penalties or court orders involving abuse,
and any prior terminations from employment
for abuse.
If you use this form, it is suggested
that you use it after the
initial application process by sending
it with a conditional letter of employment.
The form asks for date of birth (often
required to conduct a criminal background
check). While it is not illegal per
se to ask this question in most states,
it can lead to questions of potential
discrimination based on age. By asking
the question after you have offered
the applicant a conditional letter
of employment, this potential problem
is lessened considerably.
- If you do not use this form, you may
wish to ask direct question(s) on your
application by attaching an addendum
to this ACA application form. Samples
of questions are listed below. In all
cases, these additional questions should
be checked by your legal counsel. State
laws vary as to the acceptability of
the following questions.
A. Have you ever been convicted
of a crime(s) other than a minor
traffic offense?
Some states prohibit the use of this general question. If the debt to society
has been paid, why does the employer need to know? Many other states permit
its use if the possible crimes are limited to those which are pertinent
to the duties being applied for. Some states may limit the time frame to
five or ten years or less. Others may limit the question to felonies. You
should also check with your legal counsel because additional disclosures
or information may have to be included on the application form if you ask
for the applicant's criminal record.
You may want to include the following
quote under the question you use:
A prior conviction will not necessarily bar you from employment. The type
and recency of the conviction will be considered by the camp.
B. Have you ever been convicted
of a crime in which a child was
the victim?
This question addresses the concern listed under letter "A" about
the relationship of the crime to duties. Notice the qualifier of "convicted:'
This follows the American legal principle of innocent until proven guilty.
C. Have you ever been criminally
charged with any crime related
to the mistreatment, abuse of molestation
of children?
This question may not be legal in your state because it deals with charges,
not with convictions. However, the qualifier of its emphasis on children
may place it in the acceptable category in other states.
If you conduct criminal background checks,
you may want to include the following information
on forms where you obtain permission to
do such checks.
1. Other names by which you have been
known, if any
2. A statement such as the following:
I hereby authorize the Police Department
in the towns or cities of __________________ and
the Commissioner of State Police in the
States of ___________________________________________
to release any record that may be on file
in my name in the records of said Department.
Any such records will become part of my
personal application for employment at
Camp
Legal signature _______________________________ Date
of Birth
Social security #_________________ Drivers
License # __________________________
Again, any questions of this type must be checked with your legal counsel to
determine their appropriateness in your state. The American Camping Association,
Inc. disclaims any responsibility or liability which may be claimed to arise
from or to have arisen from the use of these or other questions.
Active vs.
Inactive Applications
To reduce the risk of allegations of discrimination in hiring, employers should
have a consistent policy on which applications are considered "active" If
you go back to "old" applications and select some but not others
from that inactive file, you may be subject to discrimination litigation. Reviewing
only those applications that are maintained in an "active" application
file can prevent a subsequent charge that you engaged in discriminatory hiring
practices.
The length of time specified in the sample
policy below is just an example. Employers
may set their own time frame. Check the
following sample statement with your legal
counsel to determine its appropriateness
on your application form or materials.
This application will be
valid for 120 days. If no decision is
made by the camp as to employment within
120 days, another application should
be filed if employment is still desired.
Americans
With Disabilities Act
The 1990 ADA legislation prohibits inquiries on job applications and during
interview which do not relate to the ability of the applicant to perform the
job. The enclosed form is consistent with the ADA. We encourage you to instruct
all employees who interview job applicants not to ask questions about health
or disabilities, unless the applicant brings up the question explicitly or
unless the applicant has voluntarily disclosed a disability on the application.
See the January 1997 issue of CampLine for specific examples of questions that
are acceptable and unacceptable under the requirements of the ADA. |
