Conducting Federally Mandated Background
and Character Investigations for
Tribal Organizations

Get your HR certificate and upgrade your credentials. This class can be counted toward the maintenance of your Indian Country Human Resource Certification. Click here or call 1-800-992-4489 for details.

How confident are you with your organization’s hiring practices? Will they detect potential problem employees” and safeguard your enterprise from dishonest individuals who could destroy your credibility and integrity? How do you determine who might lie, cheat, steal or worse?

The answers are in effective background investigations of potential employees, which, in some cases, federal law mandates. For example, the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630) requires that a character investigation be conducted on anyone in a position that involves contact with children. Likewise, the Indian Gaming Regulatory Act (IGRA) specifies requirements for tribal gaming operations.

During this three-day class, an experienced investigator will guide you through the interviewing and background check processes. We’ll cover general information on background investigations for gaming operations and those organizations that may work more closely with children. This class will help you master the skills needed to detect deception and other behaviors that could imperil your operation. The tools that you’ll gain from this class will help ensure that your organization is protected.

T O P I C S   I N C L U D E
P.L. 101-630 — Indian Child Protection and Family Violence Prevention Act
  • Overview and guidelines
  • New regulations
  • Minimum standards of character
  • Determining suitability
  • Applicability to P.L. 93-638 (Indian Self-Determination Act)
  • Positions that require background checks
  • Responsibility to conduct investigations
  • Rights of employees and volunteers
Indian Gaming Regulatory Act (IGRA)
  • Overview and guidelines
  • Key employees and primary management officials
  • Suitability determinations
  • Freedom of Information Act (FOIA) procedures
  • Impact on tribal gaming operations
Background Investigations
  • Purpose
  • Screening
  • Scope and coverage
  • Interviews and record checks
  • Technology
Establishing Minimum Standards of Character
  • Trustworthiness and stability
  • Past performance
  • Misdemeanors and felonies
  • Federal requirements
  • Positions that may be affected by regulations
Defining “Crimes Against Persons”
  • Felonies and misdemeanors
  • Interpreting local criminal codes and statutes
  • Dealing with ambiguous situations
Determining Suitability
  • Evaluating risk
  • Past crimes against people
  • Results of background investigations
  • Adjudication official qualifications and training
  • Protecting employer’s interest
  • What cases go to the adjudication official?
  • Appeals to adverse findings
  • Employee and applicant privacy
Disqualification Factors
  • Tribe’s right to establish
  • Application process
  • Current conduct
  • Criminal conduct
  • False statements
  • Substance abuse
Sources of Information
  • Electronic databases
  • Federal agencies
  • State directories
  • Commercial sources
  • Crime registries
  • Clearances through the National Crime Information Center (NCIC)
  • Federal courts
Interviewing Guidelines
  • Developing a plan of action
  • Putting applicants at ease
  • Selecting questioning techniques
  • Staying in control
  • Interpreting responses
  • Recognizing deceptive responses
Interview Formats
  • Applicant interview
  • Personal reference/neighbor interview
  • Supervisor/co-worker interview
Making Your Decision
  • Tribal rights to adjudicate
  • Tribal vs. federal standards
  • Liability issues
  • Fair and uniform approach
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