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Doe v. Big Brothers Big Sisters of America8/16/2005
8.11 To operate solely as a [America] Affiliate not allied with any other organization unless specifically authorized by [America] *.
*
8.14 To require any newly employed chief professional officer and other staff to attend training presented by [America] in a timely manner."
With respect to the relationship of the parties, the Agreement provides:
"13.1 This Agreement shall not constitute the Member an agent, * employee, or servant of [America] for any purpose whatsoever, and it is understood between the parties hereto that the Member shall be an independent contractor *."
Additionally, the Agreement provides:
"The parties, in addition to their recognition in Section 13.1 that an agency relationship is not intended, further recognize that (i) the Member is an autonomous organization, (ii) the Member has an independent and separate board of directors and officers responsible to manage its operations and affairs, * (v) the Member, and not [America], has the right and power to hire, supervise and fire its employees, (vi) the Member, and not [America] has the function of selecting the volunteer Big Brothers and Big Sisters and carrying out and supervising its One-To-One Mentoring Service, and (vii) [America] does not control the day-to-day operations and affairs of the Member."
The Standards set forth the organization's vision, mission, and values as well as the following "standards of practice" with respect to affiliates:
"5. The affiliate has a quality assurance system that ensures that all aspects of the affiliate's operations are reviewed and assessed on an annual basis, to include a review of its policies and procedures to ensure compliance with Standards *, and ensures that the affiliate is in compliance with its own casework manual.
*
9. The affiliate employs a full time executive who is responsible to the board for the overall administration of agency operations.
*
b) The Executive has the overall responsibility for employing, supervision, evaluating, and terminating all paid and volunteer staff in accordance with the affiliate's personnel policies.
*
10. The affiliate * has a human resource development and management system that is designed to effectively manage all paid, volunteer, and intern personnel.
*
12. The casework manual contains the policies, procedures, and forms to be used in implementing all One-To-One services.
a) The casework manual contains written board approved policies which address the following phases of One-To-One service delivery; written eligibility criteria for volunteer and youth participants, youth outreach, volunteer recruitment, referrals, inquiry, intake, matching, supervision, closure, and case record keeping.
b) The casework manual contains written board approved policies which address risk management issues for all One-To-One services offered by the affiliate, at a minimum: * child sexual abuse prevention orientation, education and training *." (Italics in original, designating terms defined in the Standards).
With respect to volunteers, the Standards provide for an intake process where " he professional staff conducts an in-person interview with the volunteer elicit necessary information enabling the professional staff to prepare recommendations based upon the volunteer's ability to help meet the needs of the child." The intake process requires the following: an application, references, criminal history record, in-person interview, home environment assessment, and the opportunity for
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