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Just Do the Opposite

By Melanie L. Herman

In an episode of the popular TV program Seinfeld, titled “The Opposite,” Jerry Seinfeld’s friend and sidekick George Constanza decides to do the opposite of what his gut and common sense command. He states:

“It all became very clear to me sitting out there today, that every decision I’ve ever made, in my entire life, has been wrong. My life is the complete opposite of everything I want it to be. Every instinct I have, in every aspect of life, be it something to wear, something to eat ... It’s all been wrong.”

After adopting the strategy of doing the opposite, his hard luck reverses. He lands his dream job with the New York Yankees, finally moves out of his parents’ house and even finds a girlfriend.

From time to time I want to advise someone who is putting the organization in harm’s way: “Just do the opposite of what your instincts are telling you.”

For example:

• After slipping on a patch of ice at my daughter’s school last winter, I volunteered to spread salt on the patch to prevent another fall. The principal laughed at me and replied, “I can’t believe you fell on that patch of ice! Wasn’t it obvious it was ice? At any rate, we’re all out of salt.”
• The president of a community-serving organization recently explained to me that she would not consider changing any of the organization’s policies and procedures following an accident in which a client was seriously injured because doing so would be tantamount to admitting liability for the accident.
• The director of a nonprofit rebuffed my advice that he offer to locate a provider and pay for grief counseling for the family of a participant who died while attending the nonprofit’s event. He explained that grief counseling is offered by local funeral homes and expressed concern that offering to help in this way would be met with suspicion.

The point of these examples is to illustrate that sometimes relying on instinct is a dangerous approach. Each of these leaders would have benefited from George Constanza’s admonition to “Do the opposite!”

Although doing the right thing is always good risk management, getting it right in the wake of a crisis or tragedy is especially important to protect the mission of your organization. I hope that the suggestions below are consistent with your current practices. But having fielded many calls from leaders who were doing or planning to the opposite of what I’d considered the most appropriate response, I realize that sometimes we need more than instinct. If you’re concerned that your “gut instincts” in the wake of a crisis stemming from serious injury or death in your organization may not be on target, consider and act on the advice below.

(1) Appoint a trained spokesperson and a backup. Choose someone warm, approachable and well-versed in your agency’s mission, values, programs and services. (Don’t choose someone who is “impossible to reach,” uncomfortable speaking to the media, or inarticulate.) Keep in mind that the role of the spokesperson is to be a public point of contact for your organization. Instruct everyone else in the organization that all inquiries about the matter at hand should be directed to the agency’s official spokesperson.

(2) Notify your insurance provider(s) without delay. Your agent or broker can advise which policies might provide coverage for a lawsuit stemming from the tragedy or crisis. In cases where a serious injury or death has occurred, it is always appropriate to notify the appropriate insurance carriers. In many cases your insurer will move quickly to appoint legal counsel to advise you. As soon as that appointment is made, carefully follow any and all direction given by counsel.

(3) Be fully cooperative to any reasonable requests from the victim’s family for information about the organization and its policies and operations. Strive for “transparency.” Do not be evasive. In the case of a nonprofit organization, reasonable requests might include information about whether the nonprofit had insurance for volunteer injuries or a copy of the rules or policies for the event at which the victim was injured or died.

(4) Quickly determine what benefits are in place for the victim (in the event of an injury) or the victim’s family (in the event of the death of the victim) and communicate this information to the appropriate persons. Ideally this information will be easily obtained from your insurance files. If you don’t already know the answer to this question or know where to find it out quickly, take some time to organize the information for future use. Consider the benefits that apply if the victim were an employee, a volunteer, or a participant/client.

(5) Schedule time to review (with key staff) the policies and procedures for the event, program or service where the serious injury or death occurred. Consider what changes might reduce the chance of a similar tragedy happening in the future. Reflect on a wide range of changes, from very simple to complex. Next, evaluate the feasibility of each change and consider which, if any, should be implemented given your mission, the purpose of the activity in question, and the resources of your nonprofit. For example, prohibiting horseback riding will eliminate the chance of rider injury, but if your agency sponsors a therapeutic riding program, that option doesn’t make sense. Move forward with changes per your organization's ability to do so—but remember the feasible/affordable litmus test. Don’t fear that making changes in your programs and policies is tantamount to admitting liability. Review and update (if appropriate) your procedures in order to avoid a future tragedy and protect your mission for the long term.

(6) Reach out to the victim’s family to offer help locating and paying for grief counseling (or other counseling) for immediate family members over a suggested period (e.g., the next six months). It is appropriate to express concern and compassion for the victim or the family’s terrible loss. It’s possible to do so without admitting liability.

(7) If your agency is a large organization serving thousands of clients annually, form a team that is trained and ready to respond to specific circumstances at all times (e.g., allegations of abuse or the death of a client). One large organization reports using such a team to respond to allegations of child abuse. The team meets with the victims and their family to listen and work through the situation.

I hope the above “to do list” will be helpful as you consider whether your agency is prepared to cope with a tragedy, such as the death of a service recipient, volunteer or staff member. Preparing today to respond during very difficult circumstances is the best strategy for emerging from a tragedy with mission intact.

ABOUT THE AUTHOR

Melanie Herman is executive director of the Nonprofit Risk Management Center, a nonprofit resource center based in Washington, DC. The Center offers a wide range of free and affordable services. For information on these services, visit www.nonprofitrisk.org. Consulting help is also available to nonprofits seeking help formulating policies or evaluating current risk management efforts. The author can be reached at 202-785-3891 or Melanie@nonprofitrisk.org.

riskVue | The webzine for risk management professionals
July 2005