Minors on Campus CONTENTS Policy Procedures Definitions Forms Policies and Procedures SCOPE The intent of this policy is to provide information and guidance to university employees, volunteers, and students who will supervise and interact with minors involved in programs, whether they are sponsored by a university unit or department, held at the university, housed in university facilities, and/or held at other non-university locations. University employees, volunteers, students, and non-university groups sponsored by a university unit or department, who are supervising and/or interacting with minors, are expected to comply with this policy. Failure to comply with this policy may lead to sanctions. This policy does not apply to university students who are minors, or employees and students who bring their children to work and class. For more information, see Guidelines for employees bringing children/minors to the workplace or Guidelines for students bringing children/minors to class. CODE OF CONDUCT The University of Louisville holds itself and community members to standards of conduct, including requirements to act ethically and with integrity. The code of conduct reflects approved university policies and procedures. The code is available online at http://louisville.edu/compliance/Code. POLICY Obligation to Report Suspected Abuse or Neglect Kentucky law requires that any person who has reason to believe that a minor is a victim of child abuse or neglect must immediately contact a local law-enforcement agency, Child Protective Services (CPS), Kentucky State Police, Kentucky Cabinet for Health and Family Services, or a prosecuting attorney. (KRS 620.030) Hotline: 1-800-752-6200 The university also requires that faculty, staff, students, volunteers, and other university personnel report any suspected abuse of any minors on campus or participating in a university program to the University Police Department (852-6111). The University Police Department, the 1 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 university’s local law-enforcement agency, maintains an obligation to report any suspected abuse to CPS. Failure to report suspected abuse or neglect may result in criminal charges and/or disciplinary action. Anonymous reports can be made online at http://louisville.edu/police/anonymousreporting Background Checks All authorized adults must have a criminal Minor Program-Background Check. The minors on campus program coordinator will process the Minor Program-Background Check, and notify program directors of any issues. Background checks performed by other agencies may be accepted if they are at the same level as the university’s Minor Program-Background Check and approved by the minors on campus program coordinator. Background checks must be repeated at least every 5 years. Individual programs or units may require more frequent updates, including annual sex offender registry checks. It is the responsibility of the individual program director or department employee to coordinate with the minors on campus program coordinator to ensure that all background checks are performed according to the suggested schedule. All authorized adults who work with minors are required to report any charges, convictions, guilty pleas, Alford pleas or conviction of a sexual offense or any offense involving a minor, to his or her supervisor. A program or department may not allow the participation in the program of any authorized adult whose criminal background check, sex offender registry check, child abuse/neglect check, and/or self-disclosure statement includes a record of sexually based offenses or crimes against children. If criminal background checks include a record of other offenses, the minors on campus program director should consult the appropriate office (campus Human Resources office or the University Chief of Police) to determine if those offenses should preclude participation. Programs for which complete background checks are infeasible (for example, host families in foreign countries) must perform checks to the fullest extent feasible and adopt other measures to prevent child abuse and facilitate the reporting of abuse. This background check and self-disclosure policy does not apply to authorized adults attending events that are open to the public if the authorized adult is not responsible for supervising children at those events, will not be alone with the children and will be supervised by a background checked person. 2 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Training Authorized adults must complete annual mandatory training regarding policies and issues related to interacting with minors. The appropriate vice president, dean or director may enhance and/or modify the required training program to meet specific needs of the particular program or activity involved. Program directors must confirm that all authorized adults involved with a program have completed the training prior to the start of the program. Transportation The university strongly discourages the use of personal vehicles of authorized adults to transport minors. Authorized adults must not be alone in a vehicle with a minor. If the program will be renting, leasing, or using personal vehicles to transport minors, and authorized adults will be driving those vehicles, the program director must submit to the minors on campus program coordinator a copy of the authorized adult’s driver’s license for a Motor Vehicle Records (MVR) check. If personal vehicles of authorized adults are going to be used, then the program director must also submit the following: Proof of auto liability insurance, including personal injury protection, underinsured and uninsured coverage. License plate number of all vehicles to be used in transporting minors. Make, model, color, and year of all vehicles to be used. The transportation section of the Minors on Campus Policy does not apply to third parties. Sanctions Violation of this policy may result in the suspension or termination of programs involving minors. Violations of university policies will be dealt with in accordance with applicable university procedures, which may include disciplinary actions up to and including, termination or legal prohibitions regarding physical presence on campus (trespassing). Procedures If a university unit or department is sponsoring or facilitating a program involving minors the procedures detailed below must be followed. 3 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 PROCEDURES All programs, whether on university property or not, must be registered. This registration must be completed by the program director(s) and/or sponsoring units. Thirty days prior to the start of the program, the program director or sponsoring unit must register the program online at Minor Program-online Registration. Once the registration has been submitted, a program registration number will be assigned. This number should be used when working with the minors on campus program coordinator. Seven days prior to the start of the program, the program director must have the Minor ProgramCARDSCare Form completed, signed and submitted to the minors on campus program coordinator. Once this form is submitted the registration process is complete for the program. Any changes to the registration information or the Minor Program-CARDSCare Form must be submitted to the minors on campus program coordinator immediately. Confirmation Prior to the start of the program, each program director or sponsoring unit contact will receive an email confirmation notice from the minors on campus program coordinator acknowledging that all policies and procedures have been completed. If the program director or sponsoring unit contact has not received confirmation, the minors on campus program coordinator should be contacted prior to the start of the program. The program cannot take place if the minors on campus program coordinator has not been provided the email confirmation. Any exceptions to the application of these procedures must be approved by the minors on campus program coordinator or an authorized university designee prior to the start of the program. Program Directors (The items listed under Program Basics must be administered and maintained at the program level) Program Basics A complete list of all minors, including name, sex, age, parent or legal guardian’s name and/or emergency contact name, and contact information, should be prepared. This document must be completed and maintained by the program director prior to start of the program. The program director must also maintain a directory of all authorized adults who will be interacting with the minors during the program. 4 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 A notification procedure should be established in the event of an emergency or other situation requiring the attention of the minor’s parent or legal guardian. An emergency may include a minor’s medical or behavioral problems, natural disasters, or other significant program disruption. A Minor Program-Emergency Plan & Worksheet should be maintained, which will include information on how the minor’s parent or legal guardian can be contacted. Program directors are required to ensure the program brochure or other information provided to parents and guardians. This should include clear instructions on: How to report suspected abuse of a child http://louisville.edu/police/title-ix. The non-discrimination policy http://louisville.edu/hr/employeerelations/noticeof-nondiscrimination Information on how to locate the university Clery report http://louisville.edu/police/clery-crime-reports and sexual misconduct policy. Level of supervision that will be provided during the program. Program policies and procedures. Parents and guardians are encouraged to visit programs. Application Authorized adults (non-employees) who are not current university employees must complete the university program application form, Minor Program-Volunteer Application Form. In the event of any one-on-one contact or a residential situation, the program director shall conduct an in-person interview and reference check of each authorized adult prior to the seven-day deadline for completing registration of the program. The interview process should establish whether the authorized adult is suitable for the position. Program directors should also do a web and social media search of potential a Medical A designated person may distribute the minor’s medicines under the following conditions: Designated adult shall keep the medicine in a secure location. At the appropriate time for distribution, designated adult shall meet with the minor(s). The designated adult shall allow the minor(s) to self-administer the appropriate dose as shown on the container. Personal “epi” pens and inhalers may be carried by the minor(s) during activities. Any medicine that the minor(s) cannot self-administer will be administered by a program-designated adult. 5 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Releases Program directors will obtain all releases – listed below – that are required for a program as part of the Program’s Minor Program-CARDSCare Form process. All data gathered shall be confidential, subject to records retention guidelines, and shall not be disclosed, except as provided by law. Minor Program-Release Form Minors in Labs Policy If the program requires one-on-one contact between authorized adults and program minors, the program director must contact the minors on campus program coordinator to make sure that the Minors Program-Release Form contains detailed information regarding said one-on-one contact. Transportation The program director must submit a copy of the authorized adult’s driver’s license and release seven days prior to the start of the program. The minors on campus program coordinator will then process the MVR through the university’s insurance carrier. Please review the university’s auto policy and driver’s guidelines online at http://louisville.edu/riskmanagement/vehicleuse If a contracted transportation service (i.e., bus) is used by the program, an authorized adult must remain on the bus until the last minor exits the vehicle(s). Adequate Supervision of Minors All activities involving minors must be supervised by at least two or more authorized adults when possible, or by their parent(s) or legal guardian(s) at all times. Some of the factors to consider in determining "adequate supervision" are the number and age of participants, the activity or activities involved, type of housing, if applicable, and age and experience of the counselors. Best practice indicates that the ratio of authorized adults to program minors reflects the minors’ gender distribution, as follows: Standards for resident programs are: One authorized adult for every 5 minors ages 4 and 5 One authorized adult for every 6 minors ages 6 to 8 One authorized adult for every 8 minors ages 9 to 14 One authorized adult for every 10 minors ages 15 to 17 Standards for day programs are: 6 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 One authorized adult for every 6 minors ages 4 and 5 One authorized adult for every 8 minors ages 6 to 8 One authorized adult for every 10 minors ages 9 to 14 One authorized adult for every 12 minors ages 15 to 17 Depending on the age of minors participating in the Program, a “buddy” system should be used when minors take restroom breaks. Programs should ensure that appropriate spaces and facilities are used. All supervised minors in a university program, or a non-university sponsored program taking place on university property, are permitted in the general use facilities (e.g. athletic fields, public spaces, academic buildings) but may be restricted from certain areas of the facilities (e.g. storage rooms, equipment rooms, athletic training rooms, staff/faculty offices) or from utilizing certain equipment. See Minor Program-University Facilities Guidelines & Check Sheet for additional information. Minors and their parents or legal guardians should have developed program rules and discipline measures made available to them. Minors and authorized adults must abide by all program regulations and may be removed from the program for non-compliance with rules. Programs should also include a statement regarding peer-on-peer interaction standards. The following activities should be included in the program rules: The possession or use of alcohol and/or other drugs, tobacco, fireworks, guns and other weapons is prohibited. The operation of a motor vehicle by minors is prohibited during all program activities. No violence, including sexual abuse or harassment, will be tolerated. Hazing of any kind is prohibited. Bullying, including verbal, physical, and cyber bullying, is prohibited. No theft of property, regardless of owner, will be tolerated. Misuse or damage of university property is prohibited. Charges will be filed against those persons who are responsible for damage and/or misuse of university property. The use of cameras, imaging, and digital devices by authorized adults and/or minors is prohibited in showers, restrooms, or other areas where privacy is expected. Rules and procedures governing when, and under what circumstances, minors may leave university property during the program. Authorized adults should be clear on the pickup procedure of minors. Minors are to be released only to parent(s), or legal guardian(s) or other authorized person(s) listed on the Minor ProgramRelease Form. The program should also have a designated drop-off and pick up schedule and location. If the minor is not retrieved at the appropriate time, the program must have a procedure in place to ensure that said minor is not left alone or with a non-authorized adult until picked up by appropriate parent, legal guardian or other authorized person. 7 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Be sure that the program addresses how unsupervised activities, and unstructured time will be handled. Make sure that unsupervised activities and any unstructured times are well vetted and age appropriate. This information should be included in the information provided to parents regarding the program. Housing If applicable, rules and regulations for proper supervision of minors while in University housing will be implemented. The following must be included: The Minor Program-Release Form must indicate the minor will be staying in university housing. The program will establish and enforce a curfew time which is age-appropriate for the minors, but in no case shall it be later than midnight. The program will monitor in-room visitation between minors which will occur only with the door to the room open. The program will ensure that guests of minors (other than a parent or legal guardian and other program minors) are restricted to visitation in the building lobby and/or floor lounges, and only during approved hours specified by the program. The program must comply with all security measures and procedures specified by the Office of Housing and Residence Life. The program director must ensure a “head” authorized adult and a second authorized adult will be “on call” and must be present in the building at all times to ensure minors are secure in the rooms. The authorized adult will have all contact numbers for minors and will not leave the premises once minors are secure in their rooms. Any emergency involving a minor will be reported immediately to the program director. If there are 10 or more minors being housed (on- or off-campus), the program will ensure there will be two authorized adults present at all times. Complete the overnight Minor Program-Emergency Plan & Worksheet. If a program will be housing minors in an off-campus housing facility (e.g. hotel, motel, non UofL residence hall, personal home, etc), the program director must contact the minors on campus program coordinator for additional housing procedures. The program will ensure it has a bathroom plan and/or schedule in place for authorized adults and minors. This would also apply to off campus activities. The program will likewise ensure it has procedures in place to allow minors to change into and out of swim wear, without any assistance from an authorized adult. Training Annual training for all authorized adults must be completed prior to the start of the program. The annual training and the training workbook can be located online at UofL Minors Program Training. The training material will cover best practices as listed below: 8 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Information about responsibilities and expectations; Policies, procedures, and enforcement; Appropriate crisis/emergency responses; Safety and security precautions; Confidentiality issues involving minors; and University’s responsibility/liability. Authorized adults will be informed how to request emergency services (e.g. injured minor), as well as how to report suspected child abuse. All authorized adults should also be aware of emergency locations in anticipation of weather–related event and general emergency procedures. Authorized adults participating in programs covered by this policy should be trained in the best practices which prohibit the following: Entering a minor’s room, bathroom facility, or similar area without another authorized adult in attendance; Sharing accommodations with minors other than the minors’ parents or guardians; Engaging in abusive conduct of any kind toward, or in the presence of a minor; Striking, hitting, administering corporal punishment to, or touching in an inappropriate or illegal manner, any minor; Picking up minors from or dropping off minors at their homes, other than the driver’s child(ren), except as specifically authorized in writing by the minor’s parent or legal guardian. At no time shall an authorized adult be in a vehicle alone with a minor; Engaging in direct electronic contact with minors without another authorized adult being included in the communications. This also includes facebook, twitter and instant messaging. Authorized adults shall be advised that if an allegation of inappropriate conduct has been made against an authorized adult participating in a program, s/he shall discontinue any further participation in the programs until such allegation has been satisfactorily resolved. The conduct shall be reported to the minors on campus program coordinator or University Police if the conduct is of a criminal nature. When high school students, including prospective athletes, participate in pre-enrollment visitation, or university sponsored programs, the university student escorting the prospective athlete or high school student will not be required to undergo a background check. The university student will be vetted by Athletics and Admissions. Loss Control/Site Survey If requested by the program, Risk Management will conduct a walk-through of the program location(s) prior to the start of the program. Contact Risk Management #852-6925 at least seven days prior to the start of the program for this service. 9 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Sponsoring Unit Non-university groups (Third Party) must: When university property is leased/rented a Minor Program-Third Party Program Facilities Usage Agreement must be executed when planning to use a university facility for a sponsored program. Seven days prior to the program’s start date, the sponsoring unit must provide the minors on campus program coordinator with a fully executed copy of the ---Minor Program-Third Party Program Facilities Usage Agreement. The third party usage agreement will ensure that third parties understand they are to: Have the primary responsibility for oversight of minors; Have parental or guardian waivers and/or releases for all minors; Adhere to the university’s minors on campus policy (report obligations, background checks, and training) DEFINITIONS Authorized AdultsIndividuals, age 18 and older, paid or unpaid, who interact with, supervise, chaperone, or who may reasonably be anticipated to have one-on-one contact with a minor in program activities, or recreational, and/or residential facilities. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants. The authorized adult’s roles may include positions as counselors, coaches, instructors, etc. FieldtripEvents on campus which minors would attend under the supervision and/or discretion of their parents or guardians. This would also apply to third party groups. Minors on Campus Program CoordinatorRisk Management employee who administers the minors on campus policy, including receiving the program registration information, processing the background checks, maintaining the program calendar, and maintaining inventory of all programs on campus which involve minors. 10 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 Minor Any person who has not reached the age of 18 (KRS 385.012; 387.010) and who is not enrolled or accepted for enrollment at the university. Programs Activities and camps offered by various academic, administrative, and athletic units of the university, or by non-university groups using university facilities subject to policy Minor Program-Third Party Program Facilities Usage Agreement. This includes but is not limited to workshops, sport camps, academic camps, conferences, pre-enrollment visits, summer camps, community outreach or cooperative extension programs and similar activities. The program definition does not apply to minors involved in programs approved by the Institutional Review Board (IRB), inpatient care, currently enrolled students, authorized adults engaging in community outreach programs (e.g. Everyone Reads), minors at public events, third party agreements, minors on campus for fieldtrips, minors as employees of the university. Program Director (Responsible Person)The academic, administrative, or athletic unit program director is the program point of contact. The program director is responsible for ensuring all policies and procedures are followed, as well verifying all necessary training has been completed. Sponsoring UnitThe academic, administrative, or athletic unit of the university which offers a program or gives authorization for a program that is either using university facilities or being housed in university facilities by a non-university group. Minor Program-Third Party Program Facilities Usage Agreement. University Facilities Facilities owned by, or under the control of, the university. Third Party – A non-university group such as organized civic, cultural, service, religious, industrial organizations; public school groups; and college and university groups with memberships not restricted to university students, faculty, and staff. Such groups may be approved subject to the guidelines established by this policy and other appropriate university regulations. 11 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13 FORMS Minor Program-Third Party Program Facilities Usage Agreement -Used by sponsoring unit contact and non-university programs. Minor Program-CARDSCare Form–Used by program director to complete program registration. Minor Program-Release Form- Used by program directors and sponsoring units (e.g. fieldtrips) Minors in Labs Policy—Used by program directors, these policy and procedures are to be used when minors are in university labs. Minor Program-Volunteer Application Form—Used by program directors for non-university employees volunteering for minor program. Minor Program-Emergency Plan & Worksheet— Used by program directors. Guidelines for employees bringing children/minors to the workplace. Guidelines for students bringing children/minors to class. Minor Program-University Facilities Guidelines & Check Sheet—Used by program director or sponsoring units as aid to examine risk of facilities. Resource Material Minor Program-Fieldtrip Agreement- can be used by sponsoring unit contact for non-university programs. 12 FD10-Best Practices-Minors on Campus-Policy & Procedures-Pilot Program-14 2/08/13