Just becasue a lawyer gets invovled does not immediately mean the your chapter or the EAA is toast. There is much investigation, interviews and paper work to be done before any constructive or destructive action takes place. Lawyers do not make the decision as to whether a party is guilty or innocent. There are even some lawyers out there that are nice people.
What kind of protection policy will EAA develop if a parent feels they were improperly touched during a Young Eagle event or at a chapter meeting. That would be the APP. Will it run on your iPhone?
Jack Pelton commented, "The reality is that we have had two close calls over the past 18 months that could have impacted hundreds of youth." He did not explain how the hundreds of youth would have been impacted. It seems it is implied but that is the same as, "ASSUME." Over 25 years of Young Eagles and there have been two close calls. How close were they? Were the principals in those events doing something right to make amends for their other wrong doings? Would they have molested a Young Eagle that they had given a ride to? In one case we will never know.
How many child molesters have flown Young Eagles or have given rides to youth outside of the program over the history of the program? If there had been an incident the EAA, the local chapter and the Young Eagles program would have been the center of attention of the media. In Minnesota the person charged was NOT a member of the local chapter. He was an EAA member. There was no prior record of any inappropriate activity until he was charged. He had been molesting children for some time. A background check would NOT have revealed his activities.
I believe that Mr. Pelton's comment points out the futility of the Youth Protection Program. It is locking the stable after the horse is gone. Does anyone know how or why the horse left? The Program is a knee jerk reaction to an almost happened incident. If you have a near miss, what ever that really is, do you stop and look for someone to sue? Do you call an attorney?
The program is poorly written, confusing, even contradictory and in many situations can not be followed. Far more than ten or twelve chapters must be consulted for their input and their particular situation. Any program that requires a matrix to determine the requirements is far too complex to be applied in a real life situation.
As to whether a Young Eagle volunteer is an employee or not, Black’s Law Dictionary defines “employee” as “a person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”This is from http://www.bls.gov/opub/mlr/2002/01/art1full.pdf. Read the piece for more information about the wage and hour law and providing benefits for contract employees.
My nickel's worth. You will be billed.