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VOLUNTEER PROTECTION
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Volunteer Safe Haven Training in Your Own Home!
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The
American Youth Soccer Organization (AYSO) has developed over 130 position descriptions
for its volunteers. These descriptions
cover specific duties and responsibilities, qualifications, skills, time
commitment estimates, training and certification requirements, and activity
locations. Keeping within the limits of
the position description protects the volunteer and assures that he/she
maintains appropriate certification standards.
It
is important that each volunteer take personal responsibility for reading
and/or obtaining a copy of their position description prior to assuming their
volunteer role. These descriptions are
available either from the Regional Commissioner, or by going to AYSO’s National
Support and Training Center website.
1. The Volunteer Protection Act of 1997 provides certain protections to volunteers in lawsuits based on their activities. No volunteers shall be liable for harm caused by an act or omission of the volunteer if—
A. The volunteer was acting within the
scope of their responsibilities;
B. The volunteer was properly licensed,
certified, or authorized to undertake the activities in question;
C. The harm was not caused by willful or
criminal misconduct, gross negligence, reckless misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual(s) harmed; and
D. The harm was not caused by a volunteer
operating a vehicle that requires an operator’s license or insurance.
2. The VPA
prohibits the recovery of punitive damages unless the injured person proves by
“clear and convincing evidence” that the volunteer caused the harm by an act
constituting willful or criminal misconduct or by conscious, flagrant
indifference to the person’s safety or rights.
This “clear and convincing” standard raises the burden of proof, making
it more difficult to recover punitive damages from a volunteer.
3. A
volunteer’s liability for noneconomic damages will be limited to the proportion
of harm for which that volunteer is found liable.
4. The VPA
limits the liability of volunteers, but not the liability of the organizations
that they serve.
5. The
limitation on liability for volunteers does not extend to:
A. Crimes of violence or international
terrorism for which the volunteer has been convicted by a court;
B. Hate crimes;
C. Sexual offenses;
D. Misconduct that violates State or Federal
civil rights laws; or
E. Misconduct while under the influence of
alcohol or drugs.
Details
of the Volunteer Protection Act of 1997 can be found along with the AYSO
Volunteer Position Job Descriptions at: