Managing Volunteer Service Risk

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Managing Volunteer Service Risk
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What is Risk?

• People
• Property
• Income
• Goodwill

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Why Risk Management?

• Reduces the likelihood of injuries and mishaps
• Minimize adverse effects of any losses
• Demonstrate due diligence on the part of the
  organization
• Meet minimum funding or insurer requirements
• Protects the program
• Protects the people

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No Surprises!

• Make a plan
• Expectations of volunteers and their role clearly
  defined.
• Does the service meet the expectations?

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Managing Volunteer Service Risk

• Apply common sense
• Involve volunteers
• Provide explicit directions
• Praise and punish
• Dont assume

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Managing Volunteer Service Risk

• Establish rules and follow through
• Empower boards/committees to fulfill there roles
• Provide guidance on privacy issues
• Use written agreements to spell out requirements
• Make risk management everyones responsibility

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Are You At Risk?

• Take the test
• For every NO answer you increase your personal
  and program risk

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Volunteer Liability and Management of Risk
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Legal Vocabulary (Lawyerese)

• Tort civil suit for negligence or intentional
  act that harms another person.
• Negligence failing to act as a reasonably
  prudent person would under the same or similar
  circumstances.
• Gross Neglience This level is more than just
  making a mistake. Defined as conduct exhibiting
  reckless disregard or probable harmful
  consequences. (Conner, 1995)
• Liability of Individual Volunteers volunteers
  may be held liable for wrongful conduct only
  when the conduct constitutes breach of a duty the
  volunteer owed to the person harmed, the
  volunteers conduct itself caused the harm and the
  harm was reasonably foreseeable. (Conners, 1995)

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Legal Vocabulary (Lawyerese)

• Sec. 1983 case federal case for violation of
  plaintiffs civil rights.
• Title IX case federal case based on gender
  discrimination in programs.
• Indemnify compensate or reimburse for incurred
  hurt, loss or damage.
• Standard of care degree of care or competence
  one is expected to exercise in a particular
  circumstance or role.

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Volunteer Protection

• Education Code 51.937
• Immunity for higher ed. volunteers (Extension is
  higher ed.)
• Direct service volunteer with TCE
• Within the scope of his/her volunteer position
• Volunteer as long as compensation is not paid
  other than travel expenses
• Exercises discretion and judgment
• Excludes motor vehicles
• Excludes intentional acts and gross negligence

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Volunteer Protection

• Chapter 75 Civil Prac. Rem. Code (Ag.
  Landowners and Recreational Activities)
• Limited liability to 500K per person, 1M per
  occurrence for personal injury or death
• Applies whether caused by a condition of the
  property or by others
• Cant charge a use fee
• Only applies if owner has liability insurance
• Not apply in cases of willful, wanton or gross
  negligence

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Volunteer Protection

• Chapter 87 Civil Prac. Rem. Code (Equine
  Activities)
• Equine activity sponsor not liable for damages if
  injury or death of participant results from the
  dangers or conditions that are an inherent risk
  of equine activity
• Applies to any person
• Law has list of approved activities
• Exceptions for faulty equipment provided by
  sponsor and latent dangerous conditions not
  warned about

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Volunteer Protection

• Federal Volunteer Protection Act of 1997
• Written to address the deterrent of potential
  liability for volunteers and the impact on
  volunteers and organizations
• Nonprofit and governmental volunteers
• Intentional and grossly negligent acts and
  vehicles are excluded
• Exclusions include when the volunteer is
• not within the scope of duties,
• operating a motor vehicle,
• acting without the required license, and
• under the influence of drugs or alcohol

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Volunteer Protection

• Homeowners Policy
• Can cover amazing number of incidents
• Some cover membership in organizations
• Most exclude officer actions
• Volunteer should check with their insurance agent

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Volunteer Protection

• Due Diligence
• Act within the position description
• Review all procedures
• Apply Best Practices for Financial Management
  (two signatures on check, financial account
  review etc)
• Never be alone with a youth