This was my first thought. My wife and I see a local attorney every few years to revise our will and POA docs. We do OK professionally, but I'm not sure how many couples our age (~40) could afford basic legal services, much less be able to vigorously defend their reputations in court.
A prominent venture capitalist once remarked (I'm paraphrasing): "Single digit millionaires don't have access to the legal system." He funded Hulk Hogan's successful civil suit against a tabloid magazine because he and Hulk Hogan (a single digit millionaire) shared a common enemy in the tabloid.
Hulk Hogan, whose net worth had been reduced to "only" a few million after a divorce and other legal issues, could not afford to sue a tabloid without the backing of a billionaire who also had an axe to grind against the same tabloid. Good luck, Mr. Falsely-Accused Scouter.
Gold Standard Checklist (Child USA's Gold Standard pages 19-21)
Primary Prevention
Background Screening
Written, signed employment or volunteer application
Conducts structured interviews
Calls and speaks to at least 3 references
Conducts multiple levels of checks for every employee or volunteer
Conducts background screenings for all third-party contractors who have contact with children
Conducts international background checks for all potential employees and
volunteers who have lived in other countries
Employee must pass background investigation before beginning employment
Repeat background screening at least every five years
Safe Physical Environment and Adequate Supervision
Visibility throughout the building,
Bright lighting in all areas
Clear windows to allow visibility into offices and meeting rooms
Formal screening procedures for building entrances and exits, including a sign in/out sheet and a staff monitor
Video surveillance technology in all spaces where adults have contact with children.
Adequate staff-to-child ratios
Adequate supervision to staff to perform regular, unannounced site visits
Separate sleeping, changing, and bathing accommodations for adults and children during overnight trips
Prohibit staff / volunteers from providing one-on-one transportation for children
Prevention Training
Provides child sexual abuse prevention training for employees / volunteers, parents, and children
Require training for employees / volunteers to be completed within 30 days of being
hired and before working with minors
Repeat training at least annually
Utilizes evidence-based training programs
Code of Conduct
Provides guidelines on appropriate physical contact
Provides guidelines on verbal interactions, prohibiting sexualized conversations or emotional boundary violations
Provides guidelines for interacting digitally and/or on social media [12]
Prohibits grooming behaviors such as forming special relationships or giving children special gifts or privileges
Prohibits sharing sleeping quarters with children during overnight trips or travel for competitions
The Code of Conduct explained to children and parents and posted on the organization’s website
Prohibits off-site interactions between staff / volunteers and children unless part of organizational activity with parental permission.
Prohibits one-on-one interactions between adults and children
Requires staff and volunteers to sign a statement of receipt and agreement with the
Code of Conduct upon being hired and annually thereafter
Reporting Red-Flag Behaviors
Designates an internal officer within the human resources department to receive all reports of “red flag” behaviors and coordinate a response
Provides a confidential means of making reports if the reporter wants to remain anonymous
Conducts a risk assessment following reports of concerning behaviors
Determines fitness for employment and decide on any restrictions
Limits contact with minors to supervised interactions until decision is made
Notify all future employers of boundary violation concerns
Response to Abuse
Reporting Abuse to Civil Authorities
Makes it clear in policies that abuse only needs to be suspected; personnel are not to
attempt to carry out their own investigation
Reports all allegations of abuse, including those beyond any statute of limitations, to
authorities as required by law
Requires reporting within 24 hours of first knowledge or disclosure of abuse
Lay out who to call, information to include in call, and phone numbers to call
Provides information on how to report abuse on website and in child-friendly
posters on the organization’s premises
Suspected abusers should not be confronted by staff; first contact should be made
by law enforcement
Establishes penalties for failures to report, including organizational and legal
consequences
Establishes whistleblower protection policies and provide good-faith immunity for
reporters
Cooperation with Independent External Investigations
Informs law enforcement of suspected or known abuse and cooperate with
investigation
Seizes evidence in a timely fashion
Describes and documents evidence in writing and preserve descriptions in records
Turns all evidence over to civil authorities
Suspends accused staff member or volunteer during investigation
Prohibits accused from contacting or retaliating against victim in any way
Asks coworkers and direct supervisors to report any inappropriate behavior they
have observed
Prohibits transfers within the organization or employment recommendations while
investigation of abuse is pending
Victims' Rights and Assistance
Posts victims’ rights throughout the premises, on the website, and in an employee /
volunteer handbook
Establishes rights for victims to:
Physical and emotional safety
Privacy
Report abuse
Receive support and assistance (e.g., counseling, mental health treatment)
Know the status and results of any investigation
An apology letter from YSO leadership
Not be bound to a confidential settlement agreement
Acquire legal representation
Establishes an independent victim’s assistance coordinator
Provides funding for counseling or mental health treatment regardless of victim’s
decision to pursue legal action
Recognizes need to prevent revictimization and develop a plan to meet any special needs of the child so that he or she can feel safe within the organization
Monitoring and Evaluation
Takes corrective action to strengthen policies and practices following the completion of civil investigations
Strengthens policies and practices through continuous evaluating effectiveness of practices and programs
Evaluates policies and programs with evidence-based methods and strategies
Establishes regular benchmarks and milestones for meeting prevention goals
Considers external audits to probe for other areas of weakness in program and policies
Nov 20, 2024
Scouting America will adopt Child USA's Gold Standard Tool
According to Glen Pounder, Chief Safeguarding Officer at Scouting America, “As an organization, Scouting America is dedicated to becoming a leader in safeguarding youth, inside and outside of Scouting. We are impressed with CHILD USA’s Gold Standard not only because of its efficiency, but also what we have been able to learn from it. We would recommend this for any youth-serving organization dedicated to effective and comprehensive child sex abuse prevention.”
Conclusion from Child USA's Gold Standard Tool
"YSOs exist to improve children’s lives. Unfortunately, organizations have failed too
often to put adequate protections in place to prevent CSA and to respond appropriately
when abuse is uncovered. CHILD USA’s Gold Standard provides an accessible set of
recommendations that YSOs can implement to make sure they are up to date on best
practices in CSA prevention.
Youth-serving institutions need strong policies to provide a blueprint of appropriate
behavior. Policies and procedures also represent important risk-management tools for the
prevention and early identification of sexual misconduct and for protecting those
vulnerable to or already victimized by misconduct.
However, good policies are only the first step to preventing CSA. Risk of CSA grows in
an atmosphere of secrecy. Preventing future abuse requires educating children, parents,
and personnel at all levels of an organization about abuse and encouraging them to speak
up whenever a concern arises.
YSO leaders must also work closely with their employees and volunteers to constantly
reinforce an organizational culture of prioritizing child protection first and foremost.
Values such as transparency, accountability, and an emphasis on children’s rights can form
the basis of such a culture. Ultimately, it is up to the adults responsible for caring for
children to demonstrate a total commitment to their safety, which starts with sound policy
and continues as a constant process of vigilance, evaluation, and recommitment to
preventing CSA. - Child USA Gold Standard"
Sources:
https://www.globenewswire.com/news-release/2024/11/20/2984723/0/en/CHILD-USA-Partners-with-Scouting-America-to-Prevent-Child-Sexual-Abuse-Through-the-Adoption-of-the-CHILD-USA-Gold-Standard-Diagnostic-Tool.html
https://childusa.org/wp-content/uploads/2021/07/CHILD-USAs-Gold-Standard.pdf
Most Scouters I know do not have a personal attorney, nor can they afford one. As for the CO, most I have encountered are not active. And if they are active, councils tend to give them very little info on the situation in my experience. Heck when I was a DE, the SE kept info from me, and when I called him to tell him something about a situation, was told , " Oh yeah, I forgot to tell you....."
And another organization's investigation won't mean squat to BSA. I knew someone falsely accused of sexual assault. There was a criminal investigation, and the evidence they found supported my friend. Even though she was cleared, she was still banned by the BSA.
The Charter Representative was even kept in the dark on this whole deal. The Council Executive revoked the membership of the person and then informed the Charter Representative what he did. Gave vague details and then changed them later.
The same Executive refuses to provide any details even to the person that was removed. Just vague, generalized charges with no specific information. The information he has provided does not even match up to the information provided to the Charter Representative and Charter Organization.
Real sketchy deal all around.