All-Star Cheer Coach Found Guilty 11 Counts

[Natalie Kostman]

thousands? wooooowwwwwwwwwwwwwwwww. no, just no.:banghead:

 

[kem1129]

these kinds of things make me sick. i know in mass you have to fill out a CORI form if you are going to be around children, but i wonder how many gyms here actually do that... and if there are similar laws in other states and how many gyms there actually have coaches fill out the forms and conduct the background checks. i think it is absolutely necessary, especially in cheer where there is inevitably close contact between coaches and athletes. i really think background checks should be mandatory for the safety of every athlete, and the usasf should not just be concerned about the athletes' safety in terms of what skills they are throwing. they should be looking out for their safety in every aspect of the word.

 

[Drkilluzionz]

I would just like to applaud these girls for coming forward and stopping this monster. If any girls are reading this and have experienced the same thing, please tell someone and stop people like this. Thanks for sharing this story!

And boys too!

 

[King]

I'll have to ask Andre about the specifics but I'm pretty sure a law was just passed or the SCOTUS ruled and said you can't NOT hire someone because of a criminal conviction. It puts gym owners in a precarious position then.

 

[scottish_cheerleader]

over here we have to pass a disclosure check through the government before we are even allowed to work with kids and you need an advanced one to be left alone.

 

[quitthedrama]

I'll have to ask Andre about the specifics but I'm pretty sure a law was just passed or the SCOTUS ruled and said you can't NOT hire someone because of a criminal conviction. It puts gym owners in a precarious position then.

This is true in my state, and my guess is it is federal law. Fortunately that is an easy one to get around. I worked in an industry involving children, and this is what we did. We scheduled a first interview and if we wanted to pursue the candidate further, we asked for a working interview. We had the candidate fill out a CORI form and ran the background check prior to the working interview taking place. The CORI showed all court cases, and also included the decisions of the court cases. If we didn't like what we saw, then we would give reasons other than the results of the CORI that either stemmed from the working interview or simply that we had another candidate that was a better fit. I strongly support the requirement that every gym requires a background check, but I think we will have more success making that happen by lobbying state government than the USASF.

 

[Num1Stunta]

The CORI situation in Mass is pretty strict, in my experience. I have taught a clinic for my friend's high school up there for 4 years now, and every time I come up there I have to submit a new CORI form. Mind you, I'm a police officer and I have a substitute teaching certificate in my county. My background is good to go lol

 

[INeverStopCheering]

Would a background check do much? I don't know how it works in the US, but generally without a conviction, it wouldn't show up on a background check, and in Canada a person can also pay to remove minor crimes from their record (although that isn't the case for assault, sexual assault, murder, etc.), so I'm wondering truly how effective a background check would have been in this situation, afterall, it did say he wasn't convicted the first time right?

It depends on if they started molesting children before or after they started coaching. Considering some people start coaching when they're younger than 18, they may not have a record. And I think in this case, Moe didn't have a criminal record, before the first time that is. He hadn't had the opportunity before.

 

[chyeeaaa69]

I'll have to ask Andre about the specifics but I'm pretty sure a law was just passed or the SCOTUS ruled and said you can't NOT hire someone because of a criminal conviction. It puts gym owners in a precarious position then.

I would hope exceptions would be made for cases of a sexual nature.

 

[newcheerdad]

I'll have to ask Andre about the specifics but I'm pretty sure a law was just passed or the SCOTUS ruled and said you can't NOT hire someone because of a criminal conviction. It puts gym owners in a precarious position then.

It's a little complicated, but the "nature" of the crime and type of position being requested play a rule in whether a discriminatory act occured. Basically, a recent arrest for inappropriate behavior towards minors is still legitimate grounds for excluding someone from employment in a job that involves daily contact with minors.

Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII

Example 4: Employer's Inquiry into Conduct Underlying Arrest. Andrew, a Latino man, worked as an assistant principal in Elementary School for several years. After several ten and eleven-year-old girls attending the school accused him of touching them inappropriately on the chest, Andrew was arrested and charged with several counts of endangering the welfare of children and sexual abuse. Elementary School has a policy that requires suspension or termination of any employee who the school believes engaged in conduct that impacts the health or safety of the students. After learning of the accusations, the school immediately places Andrew on unpaid administrative leave pending an investigation. In the course of its investigation, the school provides Andrew a chance to explain the events and circumstances that led to his arrest. Andrew denies the allegations, saying that he may have brushed up against the girls in the crowded hallways or lunchroom, but that he doesn’t really remember the incidents and does not have regular contact with any of the girls. The school also talks with the girls, and several of them recount touching in crowded situations. The school does not find Andrew’s explanation credible. Based on Andrew’s conduct, the school terminates his employment pursuant to its policy.
Andrew challenges the policy as discriminatory under Title VII. He asserts that it has a disparate impact based on national origin and that his employer may not suspend or terminate him based solely on an arrest without a conviction because he is innocent until proven guilty. After confirming that an arrest policy would have a disparate impact based on national origin, the EEOC concludes that no discrimination occurred. The school’s policy is linked to conduct that is relevant to the particular jobs at issue, and the exclusion is made based on descriptions of the underlying conduct, not the fact of the arrest. The Commission finds no reasonable cause to believe Title VII was violated.

 

[msdivagin]

Unfortunately, a background check would not have helped in this situation. This particular person had been working continuously in cheerleading since he was in college and was able to work a at least 2 very well known programs and one competition company during that time. It takes vigilant athletes, parents, coaches and gym owners to catch and deal with these situations when they arise.

I am a firm believer in never having a lone coach in the gym at any time. There should always be an opposite sex coach present at private lessons, team outings and practices.

 

[cheerkarma]

http://www2.timesdispatch.com/news/news/2012/jun/28/cheerleading-coach-found-guilty-11-sexual-abuse-ch-ar-2020417/



Do you think it is time for the USASF to include background checks to become a certified coach?

Of course, however, do you believe a background check would have turned anything up in this situation? Until the day of that conviction, chances are nothing would have come up. certainly nothing in the sexual crimes towards minors category. So what good would it have done? Almost counter productive because if he passed a check, one would assume he would be safe around kids, and that would not have been the case...

 

[lifeoftheparty]

Well it appears he was accused and acquited 10 years early. Would that have show in a background check?

Of course, however, do you believe a background check would have turned anything up in this situation? Until the day of that conviction, chances are nothing would have come up. certainly nothing in the sexual crimes towards minors category. So what good would it have done? Almost counter productive because if he passed a check, one would assume he would be safe around kids, and that would not have been the case...

 

[CutieKay2230]

They definitely should make them mandatory. Any adult participating in activities with minors should have to go through the process

 

[mybabywantstotumble]

yes, they should be madatory. however nothing will show up until the person is convicted and in the charges from 10 years ago he wasn't convicted therefore nothing would show up. with him now being convicted it would show up.