Tag Archives: risks

Legal issues & virtual volunteering

Recently, someone wrote to Energize, the largest publisher of books regarding volunteer engagement, asking:

I am specifically looking for information on laws regarding virtual volunteers. If a volunteer living in one state is a virtual volunteer for a nonprofit in another state, which state’s laws protect the volunteer should a legal issue arise/

Energize asked me to respond. One note: I don’t use the phrase virtual volunteers. I did when I first launched the Virtual Volunteering Project in December 1996, but got tired of people saying, “Oh, if they are virtual, they aren’t real?” or “I know how to work with real volunteers but I need to work virtual volunteers.” So I make a point of using virtual volunteering only for the concept/practice of working with volunteers remotely.

In my response, I noted that, since 1997, I have regularly asked questions of various lawyers about possible legal issues regarding risk management and liability about volunteers working remotely. In more than 20 years of asking, I haven’t gotten much advice specific to online volunteers. And in more than 20 years of searching, I haven’t found any legal issues at all regarding volunteers providing service remotely, in terms of anyone suing the online volunteers, being sued by the online volunteers, online volunteers being arrested, etc.

Board members are volunteers, and in some states, there are laws regarding online board meetings (if online votes are allowed, for instance, and what constitutes an online vote). I know California and Oregon have such laws. If you are wondering about specifics for your state, your state attorney general can guide you (a Google search might yield specifics as well). 

In talking with legal folks about worst-case scenarios that might happen someday regarding online volunteers, Susan Ellis, my co-author of The Last Virtual Volunteering Guidebook, and I looked to how computer crimes are handled: if a person solicits a minor for sex, for instance, he or she is charged in the state where he or she used a computer to do that, not where the minor is. But, as far as I know, that worst-case scenario with online volunteers has not happened.

The only cases I have come across regarding legal issues and virtual volunteering have been re unscrupulous people running nonprofits that offer a letter to anyone needing to complete court-ordered community service hours and willing to pay a fee for that letter, which says, fraudulently, that the person undertook volunteering for that organization. I have tracked these stories for years.  

So, are there legal risks for an organization to involve online volunteers? I’ve found none beyond possible, theoretical scenarios, nothing that has actually happened. There are risks, just as there are by allowing volunteers to work face-to-face with clients, allowing volunteers to come right onsite at your organization. Indeed, volunteers, onsite, in schools and religious organizations and any number of nonprofits, have done some very bad things, exploiting the access volunteering has given them to data, money, children, and others. The reality is that when humans are brought together, face-to-face or online, bad things can happen, whether they are volunteers, clients, paid consultants or employees. 

Susan Ellis and I talk more about legal issues and risk management in virtual volunteering in The Last Virtual Volunteering Guidebook, available in print or as a digital version from the Energize bookstore (but note that there are less than 100 copies of the print version left!). The book is the result of more than 20 years of research and experience regarding virtual volunteering, including online micro volunteering, crowdsourcing, digital volunteering, online mentoring and all the various manifestations of online service. It’s packed with examples from a variety of organizations and details on how virtual volunteering works, how challenges are overcome, and how success is measured. It includes

  • Detailed advice on virtual volunteering assignment, including one-time “Byte-Sized” tasks (micro-volunteering / microtasks), longer-term, higher-responsibility roles and virtual team assignments.
  • A thorough look at various practices for screening and matching volunteers to assignments, with an eye to getting the most capable volunteers into your volunteering ranks and preventing incomplete assignments or burdensome management tasks
  • How to make online volunteer roles accessible and welcoming for a variety, diversity of people

Susan and I wrote The Last Virtual Volunteering Guidebook in such a way that it would be timeless – as timeless as a book about using computers, laptops, smart phones and other networked devices could be. It is USA-centric but it offers a lot of international perspectives as well.

Also see:

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My wakeup call regarding risks in volunteering programs

When I first started promoting the work of the Virtual Volunteering Project back in 1997, the question asked most frequently was, “How do you keep people safe from online volunteers who might be predators?

I took those safety concerns to heart and, for months, poured over information from the FBI and from the Center for Missing and Exploited Children at the time. I learned all I could about who harms other people, particularly children, and what situations put children at most harm. And I was stunned at what I learned: the vast majority of missing children who have been taken by someone were taken by a non-custodial parent, not a stranger. And that the vast majority of people that harm children are family members or someone known and trusted by the family.

I also researched identify theft – and was stunned to discover how often this theft is perpetrated by family members or someone else living in the house where the victim lives: using the victim’s credit card, opening credit accounts, open new bank accounts, getting loans, withdrawing funds from the victim’s bank account, using the victim’s health and/or dental insurance for their own use, claiming the victim’s government benefits as their own and filing false tax returns or claiming the victim’s tax refunds.

I revisit these subjects regularly, and in more than 20 years, the facts haven’t changed about where the dangers regarding abuse and identity theft come from. When I reference these facts regarding safety in a training, it sometimes draws gasps from the audience. I remind workshop attendees that Larry Nassar was well known to his victims, their parents and coaches and trusted by many. So was Jerry Sandusky. So are many of the clergymen facing charges related to child sexual abuse. And I ask: what policies do YOU have that would prevent this at your organization, by a volunteer, client or staff member you know and trust but aren’t observing every second during his or her service? Does your organization have a speak up culture or a culture of avoidance?

I also remind them that Big Brothers / Big Sisters brings adults and children together and that these adults and children interact far from the eyes of any staff members or family – and the organization has a stellar safety record. How does BBBS do such an incredible job regarding safety? Safety is embedded in every part of their organizational culture. They don’t just do a criminal background check: they interview candidates for volunteering, they observe them, they reference check them, they train them, they have intensive and repeated interactions with them, and they train client families about safety as well. Participants are continually reminded of safety guidelines and warning signs. They also have strict guidelines about situations mentors and children are, and are not, allowed to be in, like any situation where there would be a changing of clothes in front of each other or others, such as in a gym locker room – and participants are continually reminded of these guidelines.

None of this is to say that protecting volunteers and clients from strangers isn’t important, or that doing activities online doesn’t incur risks. But it’s a sobering reality that people, including children, are harmed by people they know and trust far more than strangers. If your risk management for volunteers or clients focuses only on strangers, you are cultivating an environment where very bad things can happen.

And for the record: I’ve been studying virtual volunteering since 1996, and still have no account of an online volunteer causing harm to an organization. If it hasn’t happened, it WILL happen, because there is no way to interact with humans, online or face-to-face, and absolutely prevent, 100%, that anything bad will happen as a results.

For more information:

This excellent article by David Finkelhor, the director of the Crimes Against Children Research Center at the University of New Hampshire

The myth of stranger danger by Heather Ryan

The Center for Identity Management and Information Protection, housed at Utica College.

August 2019 update:

In an article in Ms Magazine, Amanda Ruzicka of the Moore Center for the Prevention of Child Sexual Abuse at Johns Hopkins Bloomberg School of Public Health, said:

Research has shown that adolescents commit up to half of all child sexual abuse incidents against younger children, and that the onset of this behavior peaks at age 14.

Let that fact sink in. And consider how many nonprofits bring adolescents together with younger children, as clients or as volunteers, and don’t have this fact in mind. It does not ALL mean that these nonprofits shouldn’t bring adolescents together with younger children but, rather, that appropriate precautions need to be taken regarding adolescents being along together, let alone with children. And it’s another example of how we focus so much on stranger danger – but not on the much more common risk. And please note that the Moore Center has an excellent program to help address this risk, summarized below from the same article the same article in Ms Magazine:

We also know that most times adolescents engage in harmful sexual behaviors with younger children because of factors like the absence of adult supervision, or a lack of knowledge about appropriate sexual behaviors and how their actions can impact themselves and others—not because they are bad kids. Our Responsible Behavior with Younger Children (RBYC) program aims to provide sixth and seventh grade students with the knowledge, tools and skills they need to model healthy behaviors with younger children and their peers. RBYC focuses on what behaviors are harmful and constitute sexual harassment or child sexual abuse, the consequences of those behaviors, as well as why these behaviors are harmful and how to prevent them. Students learn about real-life scenarios when harmful sexual behaviors could take place, how to take the perspective of a younger child and how respond in a healthy and empathetic way. Other sessions highlight the developmental differences between adolescents and younger children, healthy behaviors with younger children and peers and how to be a good bystander or upstander… we focus on preventing child sexual abuse in a manner that takes the responsibility off of children to protect themselves, and instead focuses on preventing perpetration.

And remember that the Boy Scouts of America kept a file of more than 7,800 Boy Scout members that had committed sexual crimes against boys in their program – none of those predators were unknown to their victims and were often well known to the parents of their victims – no strangers. The growing number of lawsuits allege that Boy Scouts staff and volunteers were aware that the structure of the institution was a convenient landing spot for child predators and did nothing to rework the organization or protect its charges.

Also see:

Don’t know Linda Graff? You’re in trouble!

Linda Graff is a volunteer management trainer, with a specialization regarding risk management in engaging volunteers.

Linda is retiring, and Andy Fryer has done an interview with her that talks about her incredible contributions to our knowledge about effective volunteer engagement. It’s worth your time to read the interview.

Readers are invited to comment, and my comment says, in part:

I can’t count how many times I have run to my risk management books by Linda to be able to make a point or even win an argument – and I pretty much dismiss any volunteer management expert who doesn’t have one of her books on the shelf or doesn’t seem to know who she is (blasphemy!).

Every nonprofit organization/mission-based organization needs at least one Linda Graff book on the bookshelf – and staff need to consult such regularly. My recommendation is Beyond Police Checks. It’s North America-specific, but the advice is applicable to any country.

It’s a loss for our sector that Linda is retiring, but I know that she now gets to spend much more time fishing, and that makes me happy.