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Zebra132

Membership Removal Procedures Booklet

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15 minutes ago, Zebra132 said:

It is being recommended he be black listed and he can appeal. That is in the works. This is like throwing darts in the dark when you don’t know the process. 

Fight tooth and nail to block any attempt at banning. Do not get his name put in any list without substantial accusation of an actionable offence.

Go on record with a written (hard copy) letter to your council's director of field service and scout executive stating the accusations and evidence as you understand it. State your conclusion that this scout continues to remain worthy of BSA membership, and that lacking any evidence to the contrary, the accused will remain a welcome member/guest at any of your unit's activities.

Give the scout a copy.

That's the best you can do.

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We have no field director or DE. The SE has quoted law to me and policy to me that is inaccurate. I know bc he’s now in my “day job” territory. Tooth and nail doesn’t begin to describe the coming actions. 

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Posted (edited)
3 hours ago, Zebra132 said:

It is being recommended he be black listed and he can appeal. That is in the works. This is like throwing darts in the dark when you don’t know the process. 

FIGHT TOOTH AND NAIL! May want lawyers involved. As I stated once blacklisted, permanently blacklisted, even if proven innocent later.

EDITED: Demand a copy of everything the council on why to blacklist and what they are doing to get him blacklisted. And  Definitely get a lawyer PRIOR to the name's submission. Once on the black list, it will be 100 times harder to get off of it. In fact I know of only 1 case where the person blacklisted was reinstated. Case involved SM in a bar with a uniform on a scout trip. Long story short, bar was the closest place with a phone to call EMS that involved an accident he Scouts were doing first aid on. Took 9+ months to get reinstated if memory serves.

Edited by Eagle94-A1

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Attornies have said the BSA, as a private organization, can do as they damn well please!

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29 minutes ago, Zebra132 said:

Attornies have said the BSA, as a private organization, can do as they damn well please!

I am not a lawyer but I doubt that. Officers and employees of the BSA and any non-profit are liable for their actions, e.g.,  they cannot misappropriate funds, engage in character defamation, etc. 

My $0.02,

 

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Posted (edited)

Would you be willing to share anything related to the background of this? Even a rough sense of the alleged transgression would be helpful

Edited by SSF

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On ‎8‎/‎11‎/‎2018 at 4:53 PM, RememberSchiff said:

I am not a lawyer but I doubt that. Officers and employees of the BSA and any non-profit are liable for their actions, e.g.,  they cannot misappropriate funds, engage in character defamation, etc. 

My $0.02,

 

If the BSA simply "blacklists" someone without making any comment other than the person is removed and barred from Scouting, that would not rise to the level of character defamation.  If they were to make pronouncements on what led to a Scouter being removed from Scouting and there is no legal proceedings that support their statements, that could be considered defamation.  For example, if the BSA were to announce that they were removing Russell Henderson from Scouting because he was convicted of murdering someone, that wouldn't rise to defamation - there are facts behind the statement.  On the other hand, if Russell Henderson was never convicted of murder in a court of law, or even charged, and the BSA were to announce that they were removing him because he was a murderer, there would probably be grounds for a defamation lawsuit.  But simply stating that they were removing Russell Henderson from Scouting without saying anything more would not be character defamation.

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On 8/11/2018 at 5:17 PM, Zebra132 said:

Attornies have said the BSA, as a private organization, can do as they damn well please!

It has been my experience (during my 32 years as an attorney) that when a lawyer makes an absolute statement like that (BSA can do as they please), which isn't really true, what they are really saying is that they don't think you have a good case, and/or they don't think they can make a profit from your case.  But they don't want to tell you they don't think you have a good case, and/or they don't think they can make a profit from your case, so they tell you the BSA can do whatever it wants.  I have seen attorneys tell potential clients all kinds of not-quite-right things (and occasionally just plain wrong things) in order to get the person off their back.  I don't know if this is what happened to you, but when I hear about something like this I do get suspicious.

  • Upvote 3

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Again I'm not a lawyer, but is there implicit defamation? Say one applies to another youth organization and is asked,

1. Have you ever been rejected to serve in a volunteer organization?

2. If so why?

I imagine the honest answers, Yes and I dunno would only add another rejection.

Edited by RememberSchiff

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@NJCubScouter, this entire incident is getting blown out of proportion! The Council board members have been told not to talk to the Scout or the parent and has removed the parent from all the Council managed Facebook pages. Scout and parent are quietly working on his appeal. 

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