Okay, I think it would be helpful to clarify some definitions.
I read your use of “separate organization” to mean a fully independent organization not operating under the legal entity of Nonlinear at all. That’s because you talk about Alice using Nonlinear’s bank account, ops support, etc. as evidence that she does not have a separate org, while these things would all be perfectly normal for an incubated or fiscally sponsored org. Ben never claims, and never claims that Alice claimed, that she had a fully independent entity of this type. When he says she “gave Nonlinear ownership” of the organization, I did not read that as him saying that she transferred legal control of an indendent entity, but ceded practical control of the project she was incubating inside Nonlinear. I think this is more consistent with the other quotes from Ben’s document, where he says that the organization was indeed using Nonlinear’s bank account and being incubated by Nonlinear.
I was using fiscally sponsorsed and incubated interchangeably, and apologize for any confusion that may have caused. In my parlance, these would be equivalent – an incubated org is understood to be under the control of the incubatee while being fiscally sponsored by the incubator, but it seems that you (and maybe the rest of Nonlinear?) are working with a different definition of one or both terms. Certainly I would naturally assume that project with the intent to spin out is an incubated organization, since the whole point of incubating an org is that it would one day spin out and become independent!
I don’t find the fact that Alice is described as a “Project Manager” very compelling either way, since I can’t tell how you’re using that term, and elsewhere you seem to use it to refer to the heads of incubated organizations.
I have read all the evidence you’ve provided, and as I explain in my earlier post, I don’t think any of it clearly establishes that Alice was not the head of a project under Nonlinear as opposed to an incubated org. Everything you describe would be perfectly normal for the head of an incubated org.
I don’t have a strong opinion about what was actually going on, because the situation seems incredibly confusing. I mostly object to your characterization that Alice must have been delusional to think she was running her own incubated org. I am reasonably familiar with nonprofit law and the spin-out process, and I’m confused about whether Alice was running an incubated org. Your statements here have not made it easier to understand whether or not Alice was running an incubated org, or indeed what Nonlinear management understands an incubated org to be.
In any case, if Alice was not running an incubated org, that means that she was brought on with the expectation that she would be incubating her own project, and instead ended up responsible for a different project over which she had significantly less control and leadership, and (it sounds like) never had this change in responsibility fully clarified. After looking over the evidence that exists in writing, I’m pretty convinced that at the very least there was a very significant failure of communication and expectation-setting here.
Okay, I think it would be helpful to clarify some definitions.
I read your use of “separate organization” to mean a fully independent organization not operating under the legal entity of Nonlinear at all. That’s because you talk about Alice using Nonlinear’s bank account, ops support, etc. as evidence that she does not have a separate org, while these things would all be perfectly normal for an incubated or fiscally sponsored org. Ben never claims, and never claims that Alice claimed, that she had a fully independent entity of this type. When he says she “gave Nonlinear ownership” of the organization, I did not read that as him saying that she transferred legal control of an indendent entity, but ceded practical control of the project she was incubating inside Nonlinear. I think this is more consistent with the other quotes from Ben’s document, where he says that the organization was indeed using Nonlinear’s bank account and being incubated by Nonlinear.
I was using fiscally sponsorsed and incubated interchangeably, and apologize for any confusion that may have caused. In my parlance, these would be equivalent – an incubated org is understood to be under the control of the incubatee while being fiscally sponsored by the incubator, but it seems that you (and maybe the rest of Nonlinear?) are working with a different definition of one or both terms. Certainly I would naturally assume that project with the intent to spin out is an incubated organization, since the whole point of incubating an org is that it would one day spin out and become independent!
I don’t find the fact that Alice is described as a “Project Manager” very compelling either way, since I can’t tell how you’re using that term, and elsewhere you seem to use it to refer to the heads of incubated organizations.
I have read all the evidence you’ve provided, and as I explain in my earlier post, I don’t think any of it clearly establishes that Alice was not the head of a project under Nonlinear as opposed to an incubated org. Everything you describe would be perfectly normal for the head of an incubated org.
I don’t have a strong opinion about what was actually going on, because the situation seems incredibly confusing. I mostly object to your characterization that Alice must have been delusional to think she was running her own incubated org. I am reasonably familiar with nonprofit law and the spin-out process, and I’m confused about whether Alice was running an incubated org. Your statements here have not made it easier to understand whether or not Alice was running an incubated org, or indeed what Nonlinear management understands an incubated org to be.
In any case, if Alice was not running an incubated org, that means that she was brought on with the expectation that she would be incubating her own project, and instead ended up responsible for a different project over which she had significantly less control and leadership, and (it sounds like) never had this change in responsibility fully clarified. After looking over the evidence that exists in writing, I’m pretty convinced that at the very least there was a very significant failure of communication and expectation-setting here.