Wednesday, December 15, 2010

Part Three: The Intriguing Ramifications For The ITA In The Criminal Background Checks

As we progress along in our discussions about the criminal background checks we find there are more and more ramifications than we ever thought possible...

Sometimes one has to stir the pot a bit longer before the true product comes into view.

Let me say upfront and very emphatically, I believe in the criminal background checks if they are used to root out pedophiles so please do not consider our posting on this issue to be anti-background checks. However, as we progress along this road which takes effect on January 1, 2011, there seems to be more questions than answers arising. And one of the PREMIER QUESTIONS that has arisen is in regard to the USTA and their (our) relationship to the ITA. Since there are probably more ITA officials in Texas than any other state, I think its a subject worth exploring...

As we have researched this issue it becomes more and more complex and harder to discern. I think its best just to share some of the statements we have found and let you begin to draw your own conclusions. Here are a few of the basic statements coming from the USTA and some people who are involved in the ITA:

* A lawyer who represents the USTA said, "The background check is only for working for the USTA. Other employers such as universities can use whomever they want, certified or otherwise. The USTA does not dictate who other entities can hire as officials."

* When questioned about the above quoted statement, Rich Kaufman (USTA) said, "It is true" and that they can only guarantee background checks for USTA officials. He also said that the USTA cannot stop an event from hiring whomever they wish but the event should be aware that if they do hire someone other than a certified USTA official, then there is no guarantee that person would pass a background check.

* A person who fashions himself/herself as an authority on ITA matters also confirmed the truth of the lawyer's statement and pointed out that the USTA has nothing to do with college and one does not even have to be certified to work ITA events.

I was always under the assumption that in order to work an ITA event you must be an ITA certified official and the only way you can get that is to be first of all, a certified USTA member and official and then attend and pass an ITA certification school which is taught by the USTA in our officials schools.

Not sure what is going on here but the PLOT DEFINITELY SEEMS TO THICKEN...

14 comments:

Anonymous said...

As I have said before - there is going to be MANY more "underground officials" in the USTA... why get a USTA membership? Why go through a 4-6 hour class? Who cares about NUCLULA and Pro stuff? Who cares about evaluations (pro stuff people)? We work for the same people year after year - they know how good or bad we are - why jump through loops for low pay and lunch?

Anonymous said...

I too applaude the forced effort, but, am not sure why we could not leave this up to the local section. Our towns local soccer league does their one background check on the officials and coaches. Leave it to the locals and see if a better job can be done before you through it to the National level and CONFUSE everyone.

Mike said...

maybe the Federal Government needs to add a cabinet position, Secretary of Sports. He would be responsible for all of this stuff for every sport and event that requires officials. And then they can impose an additional tax on all of the participants, especially those at the grass roots level since the pros can't afford to pay more taxes. The government is the only entity that can make sure everything is fair after all.

RM said...

I really like the comment about letting local officials and/or referees handle their own issue. If you're looking for a pedophile all you have to do is check the online lists. Its easy to do and would put an end to all this hassle.

I've just about come to the conclusion if we don't have to be ITA certified that if you have a green ITA shirt and are someone I like, then you can work matches up here...

Anonymous said...

Has anyone noted what is in the 2010 FAC?

"The purpose of the official ITA Rulebook is to codify for college players, coaches and USTA certified officials all the rules and regulations, and tournament procedures which are unique to college tennis . . . ."

"Home coach is responsible for providing officials. The home coach shall have available qualified persons to serve as officials. USTA certified
officials are considered qualified. In order for an official to be considered "qualified," the official must attend both an ITA and a USTA Sectional re-certification class, pass both the USTA Sectional and ITA tests every year, and do the required work."

2. "Two officials required for Division I Matches. In order to be
considered for ITA Rankings in Division I, the host school shall provide a minimumof two USTA certified officials for each dual meet match."

So, all the ITA has to do is remove the USTA certification requirement and all of this becomes a moot point where college matches are concerned. The ITA would then have to provide its own training/certification. The USTA can take a hike!

Am I reading this correctly?

RM said...

I tend to think that you are.

Anonymous said...

Fact: We have been informed by the USTA suits that all officials are independent contractors. They want NO employer responsibilities; i.e.: payroll taxes & such.

FACT: Not all officials are subject to the same annual school requirements. (Some are just special, I guess.

So you can just surmise that some officials will not be subject to the background check rules.

You can also surmise that the reprecussions of any background check problems will be subjectively applied.

Personally, I would go 1-step further and require ALL OFFICIALS to have Drug Testing before certifications are approved.

RM said...

They can't afford to require drug testing because the vast majority of the pro chairs would flunk. "Selective enforcement" is probably a good term to use.

Anonymous said...

The ITA does not draft the rules. The Coaches' Rules Committee drafts the ITA rules so ask them to clarify "qualified officials".
Rule also states that those who take and pass the USTA and ITA test are "qualified". No language requiring a background check.
"USTA certified officials" are considered qualified is an example IF AVAILABLE.

Anonymous said...

* "A person who fashions himself/herself as an authority on ITA matters also confirmed the truth of the lawyer's statement and pointed out that the USTA has nothing to do with college and one does not even have to be certified to work ITA events."

I think this statement is wrong. At the 2009 school, I got a memo from Rich Kaufman & Lois Huggins that says:

"Any official who wishes to be certified as an ITA official must annually attend an ITA school and pass the ITA test. In addition, since USTA rules apply to anything not specifically superceded by ITA, NCAA, NAIA, or conference rules, officials applying for ITA certification must also attend a USTA school and pass the USTA test."

It is interesting to note that at the 2010 school, the same memo had this section omitted!! Wonder why?

Just adding to the confusing!

RM said...

I remember that same memo and also the same deletion.

The plot does indeed thicken...

Anonymous said...

Please help me understand how, or why the ITA officials could be the baby tossed out with the bath water. I hear you saying a bunch of words Randy, but I'm not the sharpest knife in the drawer and would really appreciate you getting to the point. Looking at the cheklist of "approved" background check officials, I see that you, Myron the K, Randell E and many of the other ITA folks here in N TX have passed the check. I guess y'al got in on the first wave. So anyway, what's your point?
Thanks

RM said...

The point is that the USTA has steadily been distancing themselves from the ITA for the past few years. I'm not worried about getting thrown out because ITA officiating is huge in Texas but when they don't pay benefits, say employers can hire who them want, and that we aren't required to be certified to work, it causes one to stop and think...

Anonymous said...

Please,

Read the FAC on ITA rules/regulations concerning certification of officials.

Basically, two certified officials are required for match results ranking by ITA NCAA, other officials may or may not be USTA certified.

Also, this applies only if USTA certified officials are available,

also coaches in writing can declare they can be without USTA certified officials and get their officials as available, perhaps from a local official organization

Please read FAC for accuracy of above and comment for everyone to know more about these regulations.