Young Eagles and Background Security Checks

[djenders]

Dennis, your interpretation is NOT what is in the policy.

I am just providing feedback from our own team and council that wrote the policy. I understand what you are saying though, and it is completely fair to ask for clarification.

[combahee]

I am just providing feedback from our own team and council that wrote the policy. I understand what you are saying though, and it is completely fair to ask for clarification.

Dennis, clarification should be in the policy not expecting you to answer here on a forum most never see. Thanks though!

[djenders]

Dennis, could you address the following... How does the chapter ensure ALL that participate in such events have completed the required training and have initiated the background check and have been approved? All pilots and ground helpers must go thru the process. MANY are involved. Will the EAA provide a listing of those vetted on request? Unless done, the chapter is liable, the chapter officers and the board is liable. The YE Coordinator is liable. As I see it, if we are not 100% compliant, all that participate become liable in this area if the unforeseen occurs. The EAA would no longer be liable as the new program requires 100% compliance. Yes, I agree with your previous post, the EAA is somewhat protected. The chapters, not so much so unless there is 100% compliance.

Marty -

I'll work on confirming for you. But as the policy is written, you only need to ensure that those listed in the Youth Protection Policy have completed the required training. I believe we can / will provide a list to chapters of who has been vetted. I think the big one to look at is volunteers.

Volunteers who will work with youth in general:

• Four (4) hours or more at any one (1) time; or
• Four (4) times or more in any calendar year; or
• Four (4) times or more with any particular Youth.
• Note that “Volunteers” includes, among others, parents and legal guardians of any youth participant

[djenders]

Dennis, clarification should be in the policy not expecting you to answer here on a forum most never see. Thanks though!

Totally agree with you!

I would expect clarification to come in the next week to ten days, if not sooner.

Until then, I'll work to answer questions. The coming communication(s) should help.

Dennis

[krw920]

If there is an incident and the chapter did not follow the laid out program... Any lawyer will chew you up and spit you out.

Shyster: So Mr Tom, you are saying that the parent organization has a program in place and your local chapter just decided on its own to ignore the parts of the policy they didn't like? Why is that? To protect the defendant and coverup the wrong doing that you knew was happening?

Your chapter would be toast.

See, I deal with the FAA daily in my real world job. They have us write manuals on how we will do "X". If we deviate from "X" they have us dead to rights. Once an organization has a policy in place, if you want to participate as part of that organization, you had better make a real world effort to completely follow not just the intent (so called "spirit") but also the LETTER of the requirements.



Not by the EAA, but by any lawyer if something happens. And if you don't have those records..... You are already guilty.

If we live life worried about what a lawyer MIGHT do or say in court against us, we should never, ever leave our homes, or invite anyone to enter them.

[ssmdive]

So, I guess now you're arguing that creating all those records and the 30 year retention is necessary? Sorry, I thought you were arguing against them.

Arguing against the need. Arguing against the implementation. Arguing against the attitude that the EAA BOD decided to treat members as employees while pointing out the fact that willfully ignoring the rules as laid out by the EAA is a bad idea for legal reasons is not even close to the same thing.

For example, I think it is stupid that I have to have a medical to fly my 7ECA when I can fly a Champ without one. I can bitch about how stupid that rule is and still make damn sure my medical is in date and suggest that before anyone flies a 7ECA that they have a current medical without being hypocritical.

Do you really believe that anything we've been talking about here is going to stop "Mr. Shyster"? If there's an incident that promulgates Mr. Shyster talking to you at all, you and your Chapter will be toast no matter what records you keep. Your best defense will not lie in anything the national organization does but, rather, being able to demonstrate the precautions you did take to protect the child were reasonable and prudent and hope you have a friendly jury.

Any protection is automatically lost as soon as you willing admit to not following the rules you said you were going to follow. Worse, it makes you LOOK guilty to a jury. And as for being able to demonstrate "the precautions you did take to protect the child were reasonable and prudent".... Mr Shyster is simple going to point out that the EAA YE HQ thought that (lets say) record keeping was "reasonable and prudent". But for some reason you decided not to follow the rules laid out, so you simply did not make "reasonable and prudent" effort.

You are toast.

So please don't confuse my suggestion that just cherry picking what parts of the program you will follow and will not follow as a bad idea legally with support of the program. Simply put, if you are going to call yourself a "Young Eagle" event. You had better make sure you are following the rules and procedures they put into place. Even if you think they are stupid.

[ssmdive]

If we live life worried about what a lawyer MIGHT do or say in court against us, we should never, ever leave our homes, or invite anyone to enter them.

Isn't that exactly what the EAA just did?

[tomkk]

... Any protection is automatically lost ... You are toast ...

I think you missed the point. If you or your chapter are involved in an issue involving a child enough to be talking to lawyers you're already toast. Doesn't matter what policy National has or whether you dotted all the i's and crossed all the t's regarding that policy. Following "the letter" of the requirements isn't going to get us off the hook if an incident happens. The best we can hope for is to avoid an incident. Policies like this are supposed to help us do that but the implementation of that here isn't the best I've seen.

[lutorm]

Thinking from first principles, why would a training requirement be useful? This is kind of like the box you have to check when entering the U.S. whether you are intending to commit terrorist acts, yes or no. Does anyone actually think that someone who really abuses children does it out of ignorance and will realize the error of their ways by taking a web training class?

If the training was about spotting what to look for to spot potential abuse, that would be one thing. But it doesn't sound like that's the case.

[Marty Santic]

Just an IDEA. Less offending might/would be a short training session (could be done via an EAA video, the EAA is getting real good with the "Hints for Homebuilders" series). The EAA would know who watched the video by asking a few questions at the end of the video. Very, very similar to the sex offender training sessions offered in the industry. And a requirement for the chapter to simply check the state sex offender database (available to anyone via the internet). Hard to believe the background check would be any more thorough. (Hope the EAA asked the outside firm what they are paying for.) The cost to the EAA..... minimal!