NMRA At-Risk Persons Policy

NMRA Policy Definition, Affidavit and Answers to Questions

View the full, updated policy, including the affidavit and question and answer sections:
NMRA At-Risk Persons Policy (PDF)

Open and print this form to designate an approved person to accompany and be responsible for an at-risk person (including youth) at events:
NMRA At-Risk Persons Affidavit (PDF)

View the updated At-Risk Persons Policy Q & A, based on comments, feedback, and questions received by Regions and Divisions:
NMRA At-Risk Persons Policy (PDF)

Frequently Asked Questions
What does this new at-risk persons policy mean?

This means that the NMRA, including divisions and regions, shall not participate in or have programs of their own that are directed at at-risk persons.  This does not prohibit individual members from volunteering their personal time to help railroad programs aimed at at-risk persons, nor does this prohibit participation in or the creation of programs/activities aimed at families. This assumes a parent(s) or guardian(s) will be present with the at-risk persons.

Does this policy apply to all regions and divisions?
Yes

Why did the NMRA decide to issue this policy?
In society today we see lawsuits against various individuals who are in positions of trust who abuse that trust and abuse the vulnerable among us.  These have been teachers, clergy, and volunteers in other organizations.  In November 2019 the Boy Scouts had to mortgage Philmont Scout Ranch for $446 million dollars for payment of abuse judgments and settlements, and most recently the Boy Scouts declared bankruptcy.  This happened despite the Boy Scouts’ comprehensive – and expensive – program used to screen and prohibit abuse.

The NMRA is not equipped to enforce the necessary protection policies for our members to follow.  We do not have the money for the insurance or the company that provides training, or the staff to make sure the regions and divisions are complying with the necessary requirements to prevent abuse. Simply put, one instance of an abuse lawsuit by someone against the NMRA would bankrupt the NMRA and the organization would cease to exist. NMRA insurance does not provide coverage for any accusations of abuse.

Who exactly are “at-risk” persons?
At-risk persons are anyone under the age of majority or persons who have legal guardians.  Age of majority means the age of legally becoming an adult, which is 18 in the United States.  Other countries may have different ages so please consult legal advice for those outside the United States. 

Others who are “at-risk” are persons who have legal guardians because they have been judged or deemed incapable of handling their own matters.  An example might be a mentally challenged individual who enjoys our hobby. 

How do we manage youth members of the NMRA?
We will manage youth members the same as any “at-risk” person.  Anyone who is at-risk must have a legal guardian physically present with the at-risk person at all times.  Someone may substitute for the legal guardian provided the legal guardian provides a notarized affidavit providing that the other person will be physically present with the “at-risk” person at all times.  For youth members, this will mean one of the parents.

What does this mean for the Boy Scout Merit Badge Program and other similar groups?
The NMRA would encourage all Regions and Divisions to support outside groups to introduce others to our hobby.  We can still cooperate with these outside groups but that cooperation is limited to telling our members that the outside group is requesting volunteers and providing the outside group's contact information to our members so the individual members can participate if they wish.  The NMRA, at all levels, shall not further coordinate with the outside group.

In addition, NMRA Regions and Divisions are encouraged to and may provide monetary or material support for third-party groups.  This means that a Region or Division could donate kits, tools, or supplies to the outside group to promote the hobby in these third-party groups.  However, the outside group cannot advertise its activity as “Sponsored by the NMRA” or “Sponsored by the _____________ Division or Region” or any similar language.

What does this mean for 100% NMRA clubs?
100% NMRA club insurance is an insurance vehicle to insure clubs for injuries caused by club members or by property owned by the club.  Otherwise, we have no guidelines or requirements for clubs.  Thus this new youth policy does not apply to 100% NMRA clubs. 

NMRA insurance is not the type of insurance that would provide coverage for any accusations of abuse.  Thus 100% NMRA clubs are liable for accusations of abuse and this probably means the individual members of the clubs are responsible if the club is sued over a matter of alleged abuse.

No Region or Division may organize a 100% NMRA club as a method of circumventing this policy.