The Nonprofit:
A nonprofit operated an after school program that provided middle school aged children with a safe, supervised environment to receive educational/homework support and participate in enrichment activities.
Some of the children served by the program had known behavioral challenges.
The nonprofit employed teachers and campus supervisors to oversee daily activities.
The Incident:
One afternoon, during an outdoor enrichment activity, two boys, ages 13 and 14, became involved in a heated argument during a game of tag. The argument escalated into a physical confrontation.
Two campus supervisors ran over and instructed the boys to stop. When the boys did not comply and continued fighting, one supervisor physically pulled the older boy away from the younger boy, noting a significant difference in size between the two.
Aside from bruising, neither child sustained serious injuries. Both boys were suspended from the program. Their parents were contacted and asked to review and sign an incident report, which they did.
The Legal Action:
Soon after the incident, the parents of the older, larger child filed a lawsuit against the nonprofit.
The lawsuit alleged that the campus supervisor wrongfully used physical restraint and caused bruising and injuries when separating the boys.
The Coverage:
The nonprofit reported the incident to its insurance broker, who initiated the claims process with Nonprofits Insurance Alliance (NIA) for the nonprofit’s Improper Sexual Conduct and Physical Abuse (ISCPA) policy.
The claim involved a review of the nonprofit’s incident documentation, the circumstances leading to the incident, the actions of its staff, and the policies and procedures that were in place.
The Result:
The claim review determined that the physical intervention was reasonable under the circumstances and within the bounds of the nonprofit’s policies and procedures.
NIA worked with the family’s legal representative and the matter was resolved through settlement.
Things the Nonprofit Did Well:
Staff intervened promptly to stop the altercation and prevent further harm. The nonprofit staff followed procedures, documented the incident, notified parents, and obtained signed incident reports.
These steps helped establish a clear record of what occurred and how the organization responded.
How Can Your Nonprofit Protect Itself?
Nonprofits that serve children or other vulnerable populations sometimes face situations where staff must respond quickly to physical confrontations.
Some organizations consider how staff are trained to intervene safely, when intervention is appropriate, how boundaries around physical restraint are defined, and how incidents are documented afterward.
Clear policies, consistent training, adequate supervision, and thorough documentation can help organizations review difficult situations and respond thoughtfully if questions arise later.
NIA Resources:
Nonprofits insured by NIA have access to My Risk Management Plan, an online set of tools designed to help organizations develop a risk management plan tailored to how the organization operates and defines its goals.
NIA insured nonprofits also receive access to screening services through IntelliCorp at a discounted rate, which may support organizations in evaluating candidates and aligning individuals with appropriate roles.
Note: Comprehensive criminal background checks are a requirement of coverage for ISCPA policies with NIA.
From the Claims Files stories are for general information only. They are simplified examples and do not guarantee coverage, a defense, or any specific outcome. Some losses described in this series may not be covered.
Coverage depends on the specific facts and on the terms, conditions, and exclusions in your policy. Contact your insurance broker or agent for guidance, and follow your policy’s claims reporting procedures if an incident may involve a claim.
This story is not legal, medical, financial, or professional advice. In an emergency, contact local emergency services first. Any risk management practices mentioned are general suggestions and may not apply to every nonprofit. Follow all applicable laws, licensing rules, and reporting requirements.
