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November 2013

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Subject:
From:
D Register <[log in to unmask]>
Reply To:
USA Debating in the WUDC Format <[log in to unmask]>
Date:
Wed, 20 Nov 2013 13:41:16 -0500
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Tuna,

Good questions.  I hope some of the other folks who helped create this
organization will contribute here as well.  Also, I wish you had asked
these questions before the document was ratified, since perhaps then you
wouldn't feel the need to defend this from the perception that you're
raining on some parade.

I don't know what "legally constituted" means in this instance.  Please
clarify. If you mean, "will the advisory council be seen as legally
distinct from the membership?", I don't think so.  All the advisory council
positions are voluntary, and don't represent elected/nominated/appointed
leadership.  There's also no central leadership.  These are just positions
many people can choose to occupy at once that are intended to make the best
USUDC possible.

In terms of responsibility for a lawsuit, what do you mean?  What is
"something bad happens"?  What is the potential risk exposure for
volunteers?  I think it's important that this discussion be as specific as
possible, since organizational insurance is quite expensive and usually
covers things that the USUDA would not be exposed to.  You and I are both
following closely the events unfolding in the NDT/CEDA community regarding
accusations of racism.  Is this the kind of thing you're asking about?  Or
is it about safety at the tournament?  I'm not sure why the host school
isn't responsible for "something bad" in the world of the USUDA.  The host
school hosts.  The host is the organizer.  I'm not sure that a host has
legal grounds to blame the members of the USUDA for something bad that
happened at a tournament organized and executed by that host. The USUDA is
about deciding where the tournament is hosted and getting educational
material to interested participants.  It's about at least one other thing
which I'll address separately.

The USUDA is not intended to have an operating budget (again, it's about
people volunteering to support one tournament a year).  However; the
development director would seek grant and seed monies to help facilitate
the tournament.  I'm not sure exactly what this would look like, but
discussions when the constitution was being drafted tended toward the
following: assisting with travel for teams that might face financial
obstacles, food at the tournament, etc.  This is not an organization with
membership dues.  I would be interested to know an attorney's perspective
on this particular position.

If your attorney tells you not to be a volunteer, you should probably take
that advice.  I'm not an attorney.  I'm also not in charge of the USUDA (in
fact, no one is).  You raise important questions that I hope will be
explored in more detail.

David







On Wed, Nov 20, 2013 at 12:20 PM, Alfred Snider <[log in to unmask]>wrote:

> Just a couple of questions before I sign on:
>
> Will the organization be legally constituted?
>
> Will it have a budget of any sort and/or will it raise funds?
>
> Will officers be indemnified or insured against damages?
> New Scenario: School X organizes USU with USUDA. Something bad happens, a
> lawsuit begins. Campus X dos not want to be responsible so they sue the
> organizers, USUDA. USUDA has no policy, so officers are responsible.
> Old scenario: No one to blame, so host has to handle it.
> This is what my legal adviser has told me to ask. I am told that if it is
> not insured, don't be an officer.
>
> Not trying to rain on any parade, but curious.
>
> Tuna
>
>
>
> On 11/20/13 6:11 PM, D Register wrote:
>
>> Greetings all,
>>
>> This is a reminder that folks can declare themselves members of the USUDA
>> here: http://bpforum.yaledebate.org/phpBB3/viewtopic.php?f=5&t=2319
>>
>> A current list of members is located here: https://docs.google.com/
>> document/d/1kaiGgmw-5y44hEDm7IBl-2--jJYzqEehxA06tq8zMrU/edit?usp=sharing
>>
>> Best,
>> David Register
>> Bard College
>>
>
> --
> ========================
> Edwin Lawrence Professor of Forensics, University of Vermont
> Director, Lawrence Debate Union; Director, World Debate Institute
> 475 Main Street, UVM, Burlington, VT 05405 USA
> 802-238-8345 mobile, 802-656-0097 office, 802-656-4275 fax
> http://debate.uvm.edu/alfredsnider.html
> http://debate.uvm.edu/tunacalendar.html
> @asnider Twitter
>
>


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