Can a non-profit organization (NPO) be held liable for the actions of its volunteers? In general, common law allows that negligence in hiring is viewed equally whether a case involves a paid or unpaid volunteer position. Putting volunteers in positions where they can cause harm to others is a principle source of liability to NPOs.

Whether or not the volunteer coordinator, executive director, or board of directors know or should have known a volunteer posed an unreasonable risk of harm, and whether or not the NPO has any control over the volunteer’s activities are important considerations.

The best defense is a good offense, so knowing up front if a volunteer poses an unreasonable risk is the first step in preventing harm and the liability that comes with it. Screening volunteers is the only way to determine whether or not they pose a risk to a non-profit organization or its clientele.

Strong and safe volunteer recruiting procedures always include volunteer screening. It’s important to know what position a volunteer applicant will be filling once they are approved, so you can determine the level of screening required. This is typically based on the potential risk the position presents.

• Low-risk-level volunteer positions
  Filing, answering telephones, database management, marketing
• Medium-risk-level volunteer positions
  Serving meals, working in a service office, making deliveries to clients, cleaning, painting, landscaping
• Higher-risk-level volunteer positions
  Board of directors, financial and accounting, operating NPO-owned vehicles or equipment, caring for animals, any contact with the general public, working directly with clients, especially young, elderly and vulnerable populations

Professional volunteer background screening and credit checks can assure a non-profit organization’s clients and the public that its volunteers do not present a risk of harm. A trusted, thorough volunteer screening partner can recommend the most appropriate level of screening for your needs.

A quick scan of today’s news reveals the following stories:

• School volunteer charged with assaulting a child
• Church volunteer charged with stealing $32,000
• Braintree, MA volunteer charged with molesting kids
• Scouts Canada volunteer facing sexual assault charges

These are headlines for just one afternoon on an average day in an average week. What do they reveal? Volunteers are still harming children and stealing funds–perhaps in larger numbers than ever. Non-profit organizations and volunteer coordinators that have cut back on or eliminated volunteer background checks to save money might want to reconsider that action.

Most schools require volunteers to be screened prior to contact with children, but far too often there are no follow-up criminal history checks. Does the volunteer you screened five years ago still have a clean record? Or is he on probation for resisting police officers and failing to comply with bail conditions, as is the case for the volunteer soccer coach from our first headline?

Churches don’t always screen their volunteers—but just because someone is a loyal member doesn’t mean they won’t steal from the coffers, as was the case in the second headline.

The person in Braintree, Mass who allegedly assaulted two young boys (he pleaded not guilty) works for the Boston Housing Authority, is a Cub Scout leader and religious education teacher at his Catholic church. Can this be the first time he’s fallen through the cracks?

And in our final example, the young man facing the sexual assault charges had undergone a police records check and other screening procedures. Unfortunately, it doesn’t change the impact his actions will have on the lives of his alleged victims. Is more thorough screening called for when young men are placed in close proximity to young girls?

Remember that those who wish to harm children and other vulnerable people often place themselves in close proximity to them. If your volunteers have any contact with kids, the elderly, the disable or other vulnerable populations, perhaps it’s time to rethink your screening procedures to reduce the chance of harm as much as possible.

Managing risk in a non-profit organization can take many forms: proper management, adequate insurance coverage and financial oversight are three ways to prevent loss. Another is thoroughly screening all volunteers. Here are some basic guidelines:

• Create some standards for your volunteer screening process, and apply them to every volunteer applicant. You may decide to run the same level of background and credit check on each applicant. Or, you may determine the risk level to the organization of each volunteer position, and increase or decrease the screening level accordingly.
• Decide what to do with the information you receive on the credit and criminal background report. For example, if a potential volunteer has had several speeding tickets or other moving violations, you may decide they are qualified to supervise a kids’ basketball game, but not to drive the organization’s van to the game. It’s also important to decide at what level of legal trouble an applicant will be rejected.
• Keep good records. A spreadsheet listing the volunteer’s name, position, important dates, and results of the background check and reference checks could come in handy some day.
• If your organization serves vulnerable populations, it makes sense to take extra care with your interview and screening process. The same applies for any position that requires the volunteer to interact with the general public. But keep in mind that anyone deemed unsuitable to work with the public will probably have contact with other volunteers and staff—do you want them exposed to such a risk?

Remember, whether an employee is paid or a volunteer, the organization could be subject to liability for any harm resulting from his or her actions. Don’t subject your non-profit to unnecessary risk—conduct volunteer background screening on every applicant!

As a follow-up on last week’s post—and in case you haven’t yet contacted your insurance provider to review your coverage—we offer the following scenarios. Just a reminder that non-profit organizations really do need proper insurance coverage for your volunteers!

What’s the worst that could happen?

• A van accident. Here’s the scenario: one of your most loyal, long-term volunteers is driving clients to the zoo in her mini van. She is a careful, accident-free driver. Still, she is hit from behind at a stop light by an under-insured driver. Two clients and the volunteer suffer injuries. After checking on the status of everyone in the van, your first thought is, “Will the NPO be sued?” Of course you’re concerned about litigation. That’s why you have insurance coverage for all volunteers, volunteer property, liability and un- or under-insured drivers. You also encourage volunteers to check with their insurance companies about additional coverage on their auto policies—for extra protection. And this one did. You’ll sleep tonight, knowing that insurance will cover everything.
• Charges of sexual misconduct against a volunteer. This is one of the most frightening scenarios a volunteer manager can face. That’s why two types of prevention are important to protect your NPO against it. First, proper volunteer screening is absolutely necessary. When you conduct reasonable background checks on all volunteers, the NPO and its board are less likely to be found liable for damages due to a volunteer’s misconduct. Second, liability coverage is required to cover instances that cannot be predicted. Whether or not the volunteer is guilty of a crime, putting your NPO at risk of financial loss is unacceptable. But be careful—be sure that your liability coverage does not exclude this type of behavior. You don’t want your organization and its directors to be personally liable for negligence!

Insurance regulations vary by state. Check with your insurance provider about whether or not your organization needs any additional coverage. You’ll be glad you’re insured when and if you ever need to be!

Volunteers are just like any other staff member that comes into your nonprofit organization. They are usually unknown, unpredictable and will do the unexpected while working for your NPO. It’s important to know as much as you can about each volunteer before they can cause harm and it’s vital to the safety and strength of the organization to use the same background screening procedures you use for employees.

Why is it Important to Screen Volunteers?
To Protect the People You Serve: This is the most important reason to screen volunteers—to keep dangerous people away from your clients. Adults who work with kids or teens, elderly caregivers and home visitation volunteers should always undergo background screening.

To Limit Liability: If your NPO serves the public, the entire organization is at risk whenever and wherever a volunteer is placed—especially with at-risk populations such as children or the elderly. If harm is done to a member of the public, the NPO could be held liable for a volunteer’s behavior. Thorough background screening will weed out volunteers with arrests or other criminal activities in their pasts.

Because it Could be Mandatory: Nonprofits that depend on federal and state funding are usually required to perform background screening on employees and volunteers.

To Protect the Organization’s Reputation: Volunteer screening allows a nonprofit to enjoy a good reputation in the community, which can lead to more support. Having a “loosey-goosey” approach to placing volunteers can harm an NPO’s standing in the community.

To Discourage Predators: Often, just knowing your organization conducts background screening will be enough to keep away volunteers who might be seeking inappropriate contact with children. Conversely, a no-screening policy could look like an open invitation to offenders and predators to come right in and start working with vulnerable populations.
Volunteer managers and nonprofit organizations are vulnerable to financial loss and inappropriate or dangerous behavior of volunteers. Criminal background screening on all volunteers can protect your organization, staff, and clientele from harm.

Last week’s Volunteering in America report showed an increase of 1.6 million in volunteers serving in 2009 versus 2008. Managing all these volunteers—new and old—is the job of a volunteer manager or volunteer coordinator.

During the economic downturn, non profit organizations (NPOs) all over the U.S. have had no choice other than cutting staff to stay viable; many volunteer managers and volunteer coordinators have seen their positions eliminated.

Since volunteering is increasing, it makes sense that a position to recruit, train, and retain the right volunteers would be a high-priority position at most NPOs.

What does it take to be a successful volunteer manager?
Planning: Assessing the needs of the organization and the numbers and types of volunteer positions needed to meet those needs is key.

Goal Setting: Often, state and federal mandates must be met to receive funding. Setting goals for volunteers and comparing to actual outcomes is often the only way to keep funds coming in.

Defining Roles: Volunteers need to know why they are there, what is expected from them, and how they’ll know when they’ve been successful. Volunteer coordinators determine what work needs to be done, and ensure a safe, qualified volunteer is in each position.

Acting as liaison between staff and volunteers: This is a tricky and important task. Volunteer managers work with paid staff to encourage their support of volunteers, make sure communication is clear, and that toes aren’t stepped on.

Recruiting: Finding volunteers can be an endless job, depending on the size of the organization. Good volunteer coordinators always have their eyes and ears open for “new blood” to replace volunteers who quit, move, or want short-term commitments. Creative thinking is a big part of successful recruiting.

Volunteer Screening: It’s vital to have one knowledgeable person in place who can ensure the safety of clients, staff and other volunteers by screening volunteers’ backgrounds.

Placing: Matching the right volunteer to each position is vital to keeping him or her happy, productive, and retained.

Following Up: Constant check-in with individuals who’ve shown interest in volunteering but haven’t signed up, current volunteers, and former volunteers is a big part of successful volunteer management—and it takes time.

All of these factors point to the need in most NPOs for a dedicated volunteer manager or volunteer coordinator. Especially when times are tough, a volunteer manager saves an organization time and money by helping things run more smoothly with fewer paid staff.

Nobody likes to hear “your services are no longer needed.” But when the recipient of that message is not being paid for her services, it can be even more devastating. And the reverse situation—being told your organization is not meeting a volunteer’s needs—can be just as troubling.

Still, letting volunteers go is part of the job of managing them. It’s not fun, but the opposite can be even worse. A non-performing or ineffective volunteer can be a drain on resources, paid staff, and fellow volunteers. Workplace morale is harmed when problems are not constructively managed. Besides, if a more-qualified volunteer is waiting in the wings, it only makes sense to replace the position.

Procedures are Important

The same guidelines that help employers transition employees out of a job apply to the volunteer relationship: it’s important that effective procedures are established and adhered to. Position descriptions should be supplied to each volunteer in the beginning, so they know exactly what their job entails and what is expected of them. And just as paid staff members receive performance reviews, volunteers should, too.

Basic workplace rules must be communicated to everyone—whether paid or volunteers. Drug and alcohol use, tardiness, absenteeism, physical or emotional abusive behavior are examples of zero-tolerance activities that would be grounds for dismissal.

Performance issues are different. If volunteers are given clear guidelines and communication is open, the volunteer manager should know what the volunteer feels they are succeeding and struggling with. Give the volunteer opportunities to improve, and let them know up front how the organization’s needs must dictate policies.

Ideas to Consider:

If you must let a well-meaning volunteer go, here are a few guidelines:
1. Do it when you are in control and calm. The heat of the moment (like right after she breaks the copier for the fourth time that week} is not a good time.
2. Do it when you can be supportive and caring. If you’re not having a particularly good day, wait for a better one—it’s not like you have anything to lose by waiting.
3. Don’t do it in front of anyone else—except a witness. Just as when employees are terminated, a private office setting with another staff member present will suffice. Don’t allow that person to interact with the volunteer, if you can avoid it.
4. Don’t over-explain. State the reasons for the decision and keep the focus on the volunteer’s performance, and the organization’s needs and goals.
5. Be kind. It’s okay to say nice things about the volunteer, and to thank them for their contributions. In fact, starting and ending with positive words are a great way to structure the conversation. Put the constructive criticism and feedback in between.
6. Don’t forget to collect any organizational property such as keys and name tags.
7. Do let others who work with the terminated volunteer know that she won’t be coming back. No explanation other than “she is moving on” is necessary.

Remember that the volunteer probably has a circle of friends in the community. You cannot ensure that anything said about her experience with your organization will be positive, but you can limit the damage by a professional, friendly, and appreciative send-off.

Finally, knowing your volunteers well can limit the number you have to let go. Volunteer screening is the best way to limit your non profit organization’s risk and protect your clients and staff.

While awaiting the economic recovery, many non profit organizations (NPOs) have cut expenses as closely as possible. One area that should not see a budget reduction is background screening of volunteers.

Why is it important for Volunteer Managers to continue screening volunteers?

1. It’s the first defense against fraud. Embezzlement and theft are concerns in both for-profit and non-profit organizations. In hard times, fraud actually increases, so there is no better time than the present to protect your organization from potential losses. Charities nationwide are losing cash and property to unscrupulous volunteers. Don’t let yours be one of them!

2. Appearances are deceiving. Note we didn’t say “appearances can be deceiving;” that’s because they just are. You simply cannot judge a person’s honesty or character based on their level of cleanliness, their jewelry, or the brand of shoes they wear. Gambling addicts sometimes look like your grandmother—and some of them steal money to fuel their habit. Even folks who have never considered stealing fall prey to need—and if that person has access to your NPO’s finances, it’s potentially at risk.

3. As the person in charge of volunteers, you are liable for their actions. Do you want to be safe, or sorry? If the charity you’ve given so much of your time to suffered a financial loss due to theft, fraud, or litigation, how would you feel—especially knowing that a simple and quick background check could help you screen out potential problem volunteers? Don’t take chances—you’ll sleep better at night!

4. What’s more important than keeping volunteers, staff, and clients safe? Most organizations serving vulnerable populations, like the elderly, disabled, and children, routinely screen volunteers for criminal history and sex offender status. But sadly, not every volunteer organization takes this important step. We’ve all heard the stories about volunteers who harm kids or the elderly who should not have been anywhere near them!

There is really no reason not to screen every volunteer applicant. No matter what financial shape your NPO is in, volunteer screening is one area that you really can’t afford to cut the budget!

Background credit screening of volunteers is quick and inexpensive. And the peace of mind it offers is really priceless. Protect your organization, your staff, volunteers, and clients with thorough background screening.

Pre-screening volunteers is vital to the safety of non profit organizations’ (NPOs) finances, clients, staff, and volunteer base. How can NPOs make screening volunteers a regular practice?  It’s simple: think like a for-profit company, and “hire” your volunteers as if you were hiring a paid employee.

First, write a job description for each volunteer position. Clarifying expectations and duties is highly beneficial for both the organization and volunteers.

Don’t hesitate to let potential volunteers know that the organization requires volunteer screening, and to what extent. Send a clear signal to clients, supporters, volunteers, and the community that you are serious about safety and professionalism.

If you don’t already, create a volunteer application, along with an authorization to conduct background screening. Have the potential volunteer sign and date both.

Interview volunteers. Formal interviews will increase the quality of your volunteers, enable you to place them in the ideal position, and determine if the NPO and volunteer are a good fit for each other.

Ask for—and follow up on—references. Just as when hiring an employee, you can learn a great deal—good or bad—about an applicant’s character, work habits, and personality by speaking to their references.

Once the volunteer has passed all of these steps, submit their information to a qualified, professional background screening service provider.

After the volunteer comes aboard, institute a probationary time, when both you and the volunteer observe and learn about each other. Provide adequate training on duties, expectations, policies, and procedures. Help your volunteers succeed!

Conduct feedback sessions. Just as you would do performance checks with employees, check in with volunteers to see how they are doing, what they need to perform their job well, and what suggestions they have.

Recruiting volunteers is like hiring employees. Do your homework and proceed with caution prior to bringing them on. Then show them appreciation and give constructive advice, and they will thrive in your organization.

Got volunteers? Great! Need volunteers? Here’s where to find them:

Word-of-mouth: the oldest way to communicate a need is still viable. Let your friends and family know that you need volunteers. Ask them to spread the word. You never know whom they will see in a day, so your perfect volunteer might just be waiting to hear that they are needed.

Social media: SM is the new word-of-mouth. Word spreads online much faster, to larger groups, than ever before. People are plugged in, online, and receiving information almost 24 hours a day. Why not take advantage of this accessible audience? Here are two ways to get on the SM bandwagon—and remember, it’s not a fad, and it’s not going away!

1. Facebook: If your nonprofit has not set up a Facebook page yet, put that on your to-do list. Facebook has 350 million users—in fact, if Facebook were a country, it would be the 4th largest in the world! You are missing out on a great deal of free exposure for your charity if it has no Facebook presence. Go here and get started!

2. Twitter: More and more nonprofit organizations (NPOs) are on twitter. Why? Because it is one of the easiest ways to keep in touch with your supporters, the community, and potential volunteers. Twitter can also help you connect to resources, other NPOs and tons of current, useful information—about politics, the economy, fundraising, management, and scores of more topics. Start a twitter account for your charity, search for people who have similar interests, find the twitter lists that your community members are on, and you’ll soon have a nice network of followers and resources delivered to your desktop all day, every day!

Craigslist: Craigslist is free. Craigslist is visited by hundreds or thousands of people in your community every day. A simple “volunteers needed” ad is all you need to reach out to potential volunteers. And if you’re conducting background screening on your volunteers, you won’t need to worry about the type of person who answers an online ad.

If your NPO needs new volunteers, these quick, easy and FREE tips just might be the best way to find them!

Remember to screen volunteers properly to protect your staff, other volunteers, and clients.