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LATEST POSTS
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By InquisitiveScouter · Posted
Great question! Even with all the "threats" I've heard and hand-wringing I've seen, I have yet to confirm one case where BSA did not step up and cover the volunteers leaders in their settlements... Anyone out there have an anecdote? -
Releases are not as good as you may think .there is a expecting of due care but gross negligence is not covered. Some outdoor activities have gone as far getting state law level coverage in my area horse back riding is at that level. They could not get insurance otherwise. -
The Scoutmaster is the master of the ship; he is responsible for the actions of his crew, whether he is there or not. Scouting rules can never be less than the state requirement,s but they are free to have higher requirements It's the way we have alway done ;is not a defense. it normally a sign of lazines with the rules. The cost of winning a defense may be thousands of dollars if BA decides not to defend you. Plus any criminal charges.
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Anyone can sue, what are outcomes? Show a result where a leader ended up paying when they followed BSA rules and regulations.... -
By InquisitiveScouter · Posted
From the Youth Application: "Parent Agreement. I have read the Scout Oath and Scout Law, and I want my child to join Scouting. I will assist them in abiding by the policies of Scouting America and the chartered organization. I will: • Serve as an adult partner while my child is a Lion or Tiger." The parent has some supervisory responsibility in this, at least for their own child. ----------------------- Also there: "Mandatory Reporting All persons involved in Scouting must immediately report to local authorities any good-faith suspicion or belief that any child is or has been physically or sexually abused; physically or emotionally neglected; exposed to any form of violence or threat; or exposed to any form of sexual exploitation including the possession, manufacture, or distribution of child pornography, online solicitation, enticement, or showing of obscene material. No person may abdicate this reporting responsibility to any other person." This verbatim message is also purveyed through SYT and the Guide to Safe Scouting. All registered adults present are mandatory reporters... this is one area I think paid professionals, COR's and volunteers mutually fail at... discussing what this means and what their responsibilities are. The basic mentality I see is that many people think SYT applies only to sexual assault. ------------------------------------- From the Annual Health and Medical Record (which parents must sign): NOTE: Due to the nature of programs and activities, the Boy Scouts of America and local councils cannot continually monitor compliance of program participants or any limitations imposed upon them by parents or medical providers. ----------------- And there are many questions here... -- What is an "indoor snowball fight"? See G2SS Prohibited Activities #15. Activities where participants shoot or throw objects at each other, such as rock-throwing, paintball, laser or archery tag, sock fights, or dodgeball https://www.scouting.org/health-and-safety/gss/gss07/#b -- Was this "violence" or was is a rough-and-tumble game where a large kid fell on a small one and hurt him? This may have been perceived initially as an injury due to the activity, rather than "violence." -- Were the Scout leaders actually negligent? I can see something like this getting out of control and an injury happening really fast. They will have to explain the "indoor snowball fight" vs Prohibited Activities list, though... that is where a claim of negligence would have grounds -- OK, the "Scoutmaster" (probably means Cubmaster or Den Leader, but OK) was outside... but were there two other registered adults present? If yes, kind of a moot argument there. (That he was rumored vaping is moot... he/she could have been in the bathroom for all we know.) "All Scouting functions, meetings, and activities should be conducted on a smoke-free basis, with smoking areas located away from all participants." Was he vaping in an area away from participants?? If so, and any two other registered leaders were present, this argument falls away, too... --------------- I relayed in a post sometime back... our SE told volunteers (at a type of fireside chat) that National's patience with volunteers violating policies was wearing thin, and there are elements within the organization who advocate not defending volunteers who do, or offering settlements based on their non-compliance with policies. This one will be interesting. Like @skeptic says, "Follow the rules people" And like @Eagle1993 advises "Just get excess liability insurance and follow BSA policy and you will be fine." , which would be great legal advice, too, if he were lawyer ------------------- From the G2SS (key overall points underlined) GENERAL INFORMATION When it comes to the safety guide, here are some important points for you to remember: Know the Guide—All participants in official Scouting activities should become familiar with the document and applicable Scouting America program literature or manuals. The guide is a resource as well as a summary of the materials provided by Scouting America. Know the Law—Be aware that state or local government regulations supersede Scouting America practices, policies, and guidelines. Know the Risks—The Guide to Safe Scouting does not cover every possible activity, but it provides guidance on how to evaluate risks and proceed safely if explicit requirements do not exist. Check out the Activity Planning and Risk Assessment section. Know the Restrictions—The document includes a list of restricted or prohibited activities. Know the Limits—The document contains age-appropriate guidelines for activities. Find out which and when certain activities are appropriate for particular age groups. Know the Program—The guide points to other Scouting America program documents such as Safe Swim Defense, the National Shooting Sports Manual, and additional program materials.
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