Ohio § 2305.38

§ 2305.38.

(A) As used in this section: (1) “ Charitable organization ” means either of the following: (a) Any charitable nonprofit corporation that is organized and operated pursuant to Chapter

1702. of the Revised Code, including, but not limited to, any such corporation whose

articles of incorporation specify that it is organized and to be operated for an education-related

purpose; (b) Any charitable association, group, institution, or society that is not organized

and not operated for profit, including, but not limited to, any such association,

group, institution, or society that is organized and operated for any education-related

purpose. (2) “ Compensation ” does not include actual and necessary expenses that are incurred by a volunteer

in connection with the services that the volunteer performs for a charitable organization,

and that are reimbursed to the volunteer or otherwise paid. (3) “ Corporate services ” means services that are performed by a volunteer who is associated with a charitable

organization as defined in division (A)(1)(a) of this section and that reflect duties

or responsibilities arising under Chapter 1702. of the Revised Code. (4) “ Supervisory services ” means services that are performed by a volunteer who is associated with a charitable

organization as defined in division (A)(1)(a) or (b) of this section and that involve

duties and responsibilities in connection with the supervision of one or more officers,

employees, trustees, or other volunteers of that charitable organization. (5) “ Volunteer ” means an officer, trustee, or other person who performs services for a charitable

organization but does not receive compensation, either directly or indirectly, for

those services. (B) A volunteer is not liable in damages in a civil action for injury, death, or loss

to person or property that arises from the actions or omissions of any of the officers,

employees, trustees, or other volunteers of the charitable organization for which

the volunteer performs services, unless either of the following applies: (1) With prior knowledge of an action or omission of a particular officer, employee,

trustee, or other volunteer, the volunteer authorizes, approves, or otherwise actively

participates in that action or omission. (2) After an action or omission of a particular officer, employee, trustee, or other

volunteer, the volunteer, with full knowledge of that action or omission, ratifies

it. (C) A volunteer is not liable in damages in a civil action for injury, death, or loss

to person or property that arises from the volunteer's actions or omissions in connection

with any supervisory or corporate services that the volunteer performs for the charitable

organization, unless either of the following applies: (1) An action or omission of the volunteer involves conduct as described in division

(B)(1) or (2) of this section; (2) An action or omission of the volunteer constitutes willful or wanton misconduct or

intentionally tortious conduct. (D) A volunteer is not liable in damages in a civil action for injury, death, or loss

to person or property that arises from the volunteer's actions or omissions in connection

with any nonsupervisory or noncorporate services that the volunteer performs for the

charitable organization, unless either of the following applies: (1) An action or omission of the volunteer involves conduct as described in division

(B)(1) or (2) of this section; (2) An action or omission of the volunteer constitutes negligence, willful or wanton

misconduct, or intentionally tortious conduct. (E)(1) This section does not create a new cause of action or substantive legal right against

a volunteer. (2) This section does not affect any immunities from civil liability or defenses established

by another section of the Revised Code or available at common law, to which a volunteer

may be entitled under circumstances not covered by this section.  This section does not diminish in any respect the immunities provided in section 2305.251 of the Revised Code .  The immunities conferred upon volunteers in this section are not intended to affect

the liability of a charitable organization in a civil action for injury, death, or

loss to person or property.