Volunteer Protection Act



In past years, volunteer working with nonprofit or government organizations have become targets of litigation. When children have been injured playing sports, or outdoor activities, the volunteers were sued. This has cause harm to nonprofit organization actions may attempt to hold its uncompensated directors or officers liable. Volunteers may be sued because they represent a potential money making opportunity to recovery money for the volunteer. Congress became concerned these lawsuits were discouraging volunteerism to the detriment of nonprofit and government organizations throughout the US, with the proposed legislation to limit both (a) the circumstances in which volunteers could be held liable for their actions and (b) the types of liability which may be imposed.



On June 18, 1997 President Clinton signed the Volunteer Protection Act of 1997, Public Law 105-19 (VPA), which protects volunteers of nonprofit organizations and governmental entities from liability, such as TEAM BULLSEYE Mentor and Skill Development program, cannot be held liable to a third party for any harm caused by his/her action or omission, as long as the volunteer (a) was acting within the scope of his/her responsibilities, (b) was properly licensed, certified or authorized (under applicable state law) to perform the activities engaged in, and (c) did not act with gross negligence, willful, criminal or reckless misconduct, or with a conscious, flagrant indifference to the rights or safety of individual harmed.



Under the VPA, a volunteer's mere carelessness or negligence will generally not be actionable. A plaintiff would have to prove some special circumstances, they would have to show the volunteer activities required special training or licensing, or the volunteer acted with malice in order to recover damages from that person.



It is important to note that the VPA does not eliminate a volunteer’s potential liability in all circumstances. For, the Volunteer Protection Act does not limit liability for harm caused by a volunteer operating a motor vehicle, or other vehicle, if applicable state law requires the owner or possess a license or maintain insurances. The VPA does not limit liability for any crime of violence, hate crime, or sexual offense by volunteer or member for which the defendant was convicted, for civil rights offense, or for any misconduct where the defendant was under the influence of alcohol or drugs of any kind.



Volunteer Confidentiality Policy

CSALLC Mentor and Skill Development respects the confidentiality of volunteer or member records, but with the exception of the situations to shares information about the volunteer only among the agency staff to improve the success of the member. We will follow the confidentiality laws of the APA, with staff, volunteer, and member in the organization. For legal reason by the law we may have to release confident information.