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VPA1
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bullet Topic: Background checks
    Posted: 2/14/07 at 12:49pm
Recently, our 173 seat CT was forced to find a new insurer as the previous one declined to continue our coverage for no apparent, or stated, reason. Our new insurer is asking us to do accomplish background checks for all directors, actors, board members, techies and employees. I think the background checks are reasonable for directors and employees....but the rest?

Have any of you had experience with this?

Also, do any of your theaters maintain a "warn" list of folks who've had some issues in the past? We have one consistent actor who is a listed sexual offender from years and years ago. The board requires all directors to be informed of his status prior to casting.
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jayzehr
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bullet Posted: 2/14/07 at 1:35pm
 Do you have to pay for the background check? How are you going to do background checks on actors when you don't even know who the actors will be? Or are you going to have to do background checks on all actors in future productions? Would actors have to be cast contingent on passing a background check? Sheesh, in a small market it can be hard enough as it is to find actors and volunteers without scaring people off with background checks.  
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bullet Posted: 2/14/07 at 7:06pm
We recently had to deal with the issue of having to turn away a long time member, and friend, who we found out was on the sexual predators list. We were all shocked when we found out about his history.  We found out by accident, when someone was searching the web for offenders in the area. The offending "act" took place 8 years ago. He is/was a joy to work with, both on stage and as a fellow cast member. He is/was always willling to do whatever was needed for set, etc.  It broke our hearts to have to tell him that he couldn't be in any more shows that had kids in them. But we decided for his sake, and for our own liability, we had to make that stand.
 
This brought to our attention how we have always been willing to cast anyone who auditions well. No questions where ever asked. We never checked into anyone's backgrounds. We haven't gone as far as to require the background checks yet, but I think it may happen in the future.  I know I had to have the background check done before I could be on staff at our local high school. It required fingerprints, personal information. It wasn't too much to ask of someone wanting to work with children, but I didn't have to incur the costs, so I don't know what the actual charge is.  It may be too much for our CT to handle cost wise, and if you make the auditioners pay, they probably won't audition.
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jayzehr
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bullet Posted: 2/15/07 at 9:13am
Originally posted by suzecue1

 We haven't gone as far as to require the background checks yet, but I think it may happen in the future. 

I guess that's the way things are going with everything.  The unfortunate thing is we're talking about theater and you're going to have a higher percentage of eccentric and erratic personalities than other endeavors. (My perception. Feel free to disagree) I'm curious what specifically are they looking for in these background checks. What would exclude you from participating? I mean child molestation is a no-brainer, but what about getting busted for pot in 1986? Or hospitalization for a mental disorder? Drunk driving? Bankruptcy?  What if someone had been in jail for imbezzlement years ago and had turned his life around? 


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suzecue1
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bullet Posted: 2/15/07 at 7:23pm

It is an extremely tough call.  Big Brother is watching. I agree with you whole heartedly - there is a higher percentage of eccentric personalities in theatre. Would you want someone with a felony handling your CT's money as treasurer? I think I'd rather make an educated decision, knowing someone's past, than to be the person on the TV news saying "I just can't believe it - he was such a great guy". I don't know the answer - I just know that personally I am the type to give a person a 2nd chance, if they can turn their life around - great - or until they prove me wrong and then I'm done with them.

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jayzehr
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bullet Posted: 2/16/07 at 2:56am
Maybe a felon as treasurer might not be such a bad idea.  He might be able to get his hands on more money than we have coming in now!Smile
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bullet Posted: 2/16/07 at 11:22am
It seems to me the insurance company you've switched to does not have experience with covering community theatres or non-profit volunteer center organizations.  I agree that background checks would be reasonable for staff and board members but it's a bit ridiculous for all the organization's volunteers.  What next background checks before you will sell someone a ticket to see the show?
 
I'd go find a better insurance company, one that knows how to meet the needs of your organization.  While it may ruffle feathers with your local agents go out of town or state even if you have to find coverage at a cost, and level of coverage that works best for you.
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bullet Posted: 2/16/07 at 4:51pm
We have what is called a Police Clearance here, which employers & organisations may require to be obtained by the applicant for a job or membership.
As yet it is not a requirement by any Insurance companies generally, but I would imagine it may be for certain jobs.
However this clearance can be very subjective as it is at the police discretion how the information is reviewed, wether or not a clearance is given.
I have been involved with a number of applicants who were knocked back, on the grounds of a previous police charge having been made against them.
In these cases the charge was withdrawn, falsely accused & found not guilty.
Each were considered by the police as initial charge was made, the applicant must be guilty, thus precluded them from obtaining a clearance,
In each of these cases the information was removed from the police records, only after a demands that the information be destroyed.
Being a Justice I advised each applicant to have this done before a Justice, therefore proof of same being provided to each applicant & a clearance be obtained.
The problem seemed to be in each situation the clearance policy was defined as having been previously charge, not the out come of the charge, being dismissed or with drawn. Even in the instance of the Magistrate finding the defendant was proved not guilty.
The employee of the police department concluded that the charge must have been only  dismissed because of a lack of evidence, therefore assumed the person must have been guilty, because a not guilty verdict had not been recorded in the computer.
However in each case it took an investigation to reveal & rectify the situation, before a clearance could be rightfully obtained.
The clearance policy & guide lines have been modified since these & other cases were brought to light.
So in a lot of situations the reasons & circumstances should be checked out first before your organisation accepts anything untoward in a persons background.
Inversely the same with more desirable applicant information that may be needed.

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bullet Posted: 2/19/07 at 11:45am
I can't see how some CTs could afford background check on everyone. For the board or paid staff I can see it But I would not be very willing to volunteer with a CT that required such a thing. If you are paying me that is one thing but for no money? I don't think so...and how far does it go? police records? bank records, credit reports? school records? What if the check is done but the info recived is for someone else?(2 people with the same name?)
Then what is ok and what is not? Sex offenders would be out. But what about the guy that got busted with a joint in college? or someone getting over a gambling problem? Are we going to do drug test as well? Don't get me wrong, I am not saying we should not do background checks, but it is a fine line... I can see someone suing beacuse they were not allowed to work a show because of something in the background check.
Just my 2 cents
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bullet Posted: 2/21/07 at 2:05pm
Isn't it unfortunate that it's come to this?  However, a few precautionary measures in today's world can most likely save a lot of woe down the road. 

My kneejerk reaction is to find another new insurance company, but you might just run into more of the same.  You need to get back to your previous insurer and ask why they dropped you.  Go back to them not so much to try to get them back, but to get  feedback that could be really valuable in understanding what your theatre might have to do to become more insurable.  If other insurance companies know you were dropped, they might ask you to do impossible tasks, like getting background checks on EVERYBODY, in order to avoid your business.  Your theatre is going to have to address whatever the issue was that led to being dropped.

Next, I would contact several insurance reps (maybe you already have someone involved with your organization) and discuss the nature and structure of community theatre.  Ultimately, you are looking for a community theatre friendly insurer, so don't think of this as a background check issue, think of this as finding a business partner that's going to help with all your insurance needs.  You might end up paying a little more, but there's no end of good a great and understanding business partner can be.

You will further need to understand that background checks may become a way of life for your theatre - another item in the "cost of doing business".  So decide who you believe in your theatre management and production processes should get background checks and start getting them done.  Then you can use this as a "negotiation" point with any insurer.  The more pro-active you become as an organization, the more respect you'll gain from potential business partners - not to mention judges and juries if the worst case scenario becomes a reality and your theatre is sued and hauled into court. 

You should also decide how you're going to deal with any individual who does have a track record as a sex offender -- no matter how long ago the offense took place.  You may want to be more forgiving than the courts, insurers, and even the general public (talk about a p.r. nightmare!), but you need to protect your participants and your theatre.  Here are three things that could be done:  (1) nothing; (2) require that the offender always be accompanied in the theatre by a "responsible" individual (an adult who has a clean record); or (3) ban the offender from your organization.  There may be other alternatives.

Good luck with all this and stay in touch to let everyone know what comes of it.  Insurance is an issue everyone has to deal with and if there is a new trend coming up, we all need to be aware of it!

Be safe. Be healthy.

Kibitzer
"Security is a kind of death." - Tennessee Williams
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