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Doe v. Big Brothers Big Sisters of America8/16/2005
e Standards likewise do not demonstrate that America retained contractual control over Chicago. The only reference in the Standards to sexual abuse requires Chicago's board of directors to adopt policies that address child sexual abuse protection in its casework manual. However, the Standards do not provide suggestions, recommendations, or even a skeletal framework of what those policies should or could entail.
With respect to supervisory control, clearly there is no evidence that America retained any supervision over Chicago or its volunteers. There is no evidence that any member of America's staff was present at Chicago's office except for one time every five years. Moreover, there is no evidence that any of America's staff ever supervised the volunteers and children or that it had any control over how the volunteers and children interacted, including what they did, where they went, etc.
Lastly, with respect to operational control, the evidence clearly demonstrates that America retained no control over Chicago 's operations or the volunteers. The Agreement makes it clear that Chicago is an autonomous unit and responsible for its own day-to-day operations. Specifically, Chicago has an executive who possesses overall responsibility for the employment, supervision, evaluation, and termination of all staff and volunteers. Koonce's deposition testimony supports this. Moreover, Chicago's board is required to adopt policies and procedures, which it must incorporate into its casework manual in connection with all aspects of its internal functioning. See, e.g., Anderson v. Boy Scouts of America, Inc., 226 Ill. App. 3d 440, 444-45, 589 N.E.2d 892 (1992) (the plaintiffs failed to establish a duty on the part of the BSA on the basis of respondeat superior where there were "no provisions in the charter, bylaws, rules and regulations promulgated by the BSA * which specifically grant BSA * direct supervisory powers over the method and manner in which adult volunteer scout leaders accomplish their tasks"); Golden Spread Council, Inc. No. 562 of Boy Scouts of America and Boy Scouts of America v. Akins, 926 S.W.2d 287, 290 (Tex. 1996) (holding that the BSA had no vicarious liability under a theory of respondeat superior to a scout molested by a scout leader where the BSA and the local council, Golden, were separate corporations, the BSA had no right to control Golden's activities, and Golden had its own board of directors).
There is simply no evidence in the record to demonstrate America retained direct supervisory control over the method and manner in which Chicago or its mentors accomplished their tasks, either by contract, supervision, or operation. Although America did offer its program to local affiliates, it did not administer the program. More importantly, there is no evidence that America adopted and implemented any policies, procedures, programs, or systems directed at sexual abuse prevention that Chicago was required to adopt and implement. There is no evidence that America promulgated any child protection policies, standards, or measures to which Chicago's volunteers were subject. America did not have a sex abuse prevention or child protection committee or any individual in a position whose sole function was to oversee child protection issues or implement policies. There is also no evidence that Chicago's volunteers were required to participate, at the behest of America, in child sexual abuse prevention training. There is no evidence that America monitored compliance with any measures or whether volunteers were trained properly. On the contrary, the evidence shows that Chicago was free to institute its own policies and procedures with respect to child sexual abuse prevention without input
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