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Doe v. Big Brothers Big Sisters of America8/16/2005
Plaintiff Jane Doe, as mother and next friend of John Doe, a minor, appeals from an order of the circuit court granting summary judgment in favor of defendant Big Brothers Big Sisters of America (America) on the basis that America owed no duty to protect John from criminal conduct, particularly, sexual abuse by Philip Kaszynski, a mentor for Big Brothers Big Sisters of Metropolitan Chicago (Chicago), while John was enrolled in the Big Brothers program. On appeal, plaintiff contends that America owed John a duty based on: (1) its retained control over Chicago; (2) a special relationship, i.e., it took custody of John; and (3) it voluntarily undertook to protect children from sexual abuse. For the reasons set forth below, we affirm.
STATEMENT OF FACTS
America is an not-for-profit organization whose mission "is to make a positive difference in the lives of children and youth, primarily through a professionally-supported One-to-One relationship with a caring adult, and to assist them in achieving their highest potential as they grow to become confident, competent, and caring individuals, by providing committed volunteers, national leadership, and standards of excellence."
Chicago is a member affiliate of America pursuant to a "Membership Affiliation Agreement" (Agreement) and provides community-based mentoring services to children in the Chicago area. Chicago has its own board of directors, officers, professional staff, including case managers, and volunteers.
Pursuant to the Agreement, America controls Chicago 's service area, and requires it to utilize a derivative of America's name and logo. Under the Agreement, America has the following obligations:
"7.1 To recognize the Member's autonomy in being responsible for the administration of its program *.
7.2 To set guidelines for the practice and operation of a Member and to reassess and review such guidelines when deemed appropriate by [America]. Such guidelines are currently referred to as the 'Standards of Practice for One-To-One Service' [(Standards)] *.
*
7.4 To review the member's policies and procedures at least every five years *.
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7.6 To provide an opportunity for consultation, resources, materials, programs and procedures in the areas of the Member's management, administration, programs, diversity, service delivery, public relationships, volunteer development, research and fund raising.
7.7 To plan and/or sponsor, conduct, and implement meetings, conferences, conventions, training programs, and institutes for professionals and volunteers * in a timely and continuing way.
*
7.12 To make available to the Member rules and regulations and other standard materials required for the operation of a Member.
7.13 [America] will provide training for newly-employed Chief Professional Officer and other staff, on a timely basis."
Under the Agreement, Chicago has the following obligations:
"8.1 To provide One-To-One Mentoring Service *.
*
8.3 To satisfy the Standards of Practice for One-To-One Service *.
8.4 To adopt and adhere to the Standards of Practice for One-To-One Service *. The Member will agree to conduct a self-assessment and participate in a review of policies, procedures and practices at least once every five years pursuant to guidelines developed by [America].
*
8.10 To participate in activities of [America] such as: Annual meetings, Regional meetings, National Professional Association meetings, institutes, workshops, study projects, etc. *
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