Volunteers in the Public and Nonprofi t Sectors 131
Volunteer Protection Act
The Volunteer Protection Act of 1997 provides immunity from lawsuits
fi led against a nonprofi t ’ s volunteer where the claim is that he or she care-
lessly injured another in the course of helping the nonprofi t. The act does
not provide immunity to the organization itself. The law applies only to
uncompensated volunteers. The immunity is a qualifi ed immunity and
protects the volunteer only against claims of negligence, not against claims
of gross negligence, willful or criminal misconduct, reckless misconduct,
or conscious, fl agrant indifference to the rights or safety of the individual
harmed by the volunteer. There is, however, no clear distinction between
negligence and gross negligence, so anyone who wants to sue a volunteer
can allege gross negligence rather than negligence in the complaint. Some
states have their own volunteer protection acts. The federal law preempts
state laws to the extent that such laws are inconsistent; however, it does
not preempt state laws that provide additional protection from liability.
Readers should look to see if their state has its own volunteer protection
act and what actions it covers.
Service Initiatives
AmeriCorps, Volunteers in Service to America (VISTA), the Peace Corps,
and USA Freedom Corps and their programs are examples of national
initiatives that promote service to local communities in the United States and
in other countries. Participants in these programs may volunteer or receive
stipends or low pay. Community Emergency Response Teams, the Medical
Reserve Corps, Neighborhood Watch, and Volunteers in Police Service
are part of the Citizen Corps housed in the Department of Homeland
Security, Offi ce of Domestic Preparedness. These programs rely on com-
munity volunteers. Participants in other programs such as AmeriCorps
(AmeriCorps, State and National; VISTA; and National Civilian Com-
munity Corps) generally serve for one year and receive a stipend for their
services and money to further their education. SeniorCorps participants
(Retired and Senior Volunteer Program, Foster Grandparents, and Senior
Companions) may, depending on the program, receive insurance coverage,
a small hourly wage that is tax free, physical accident and liability insur-
ance, and reimbursement for transportation and meals.
Perry and Thomson (2004) refer to stipend or low - pay opportunities
as civic service. They make a distinction between volunteerism and national
