Children in the Workplace
Youth Activities, Pre-Collegiate Programs & Camps
Volunteers
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Decision on which policy applies
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Who initiated youth activity?
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Is the activity sponsored by ISU or a third party?
Does the youth activity involve a student organization?
Is involvement by youth incidental to the event?
Who has responsibility to supervise youth?
o Are youth remaining under the supervision of their parent and/or
teacher?
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Is the youth event/program/activity an individual or group
activity?
Children in the Workplace (CIW) Examples
Children in the Workplace most frequently applies to a
situation with an individual child or group that is not long term
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Tours of ISU facilities
Individual lessons (instrumental and vocal music)
Providing academic tutoring
Job shadowing of an employee for one day
CIW Policy and Requirements
Full policy found in the Policy Library at:
http://policy.iastate.edu/policy/children/workplace/
Applies to employees, students and visitors who may wish to bring a nonstudent child to the workplace. If it is more than incidental or intermittent
and is not part of a registered youth activity, program or camp.
Requirements that must be met:
1.
Written permission for hosting the child must be obtained from
department chair/unit director
2.
ISU employees and any others who will have responsibility for children
must be approved by conducting a background check, if the individual
serving as a host is not the child’s parent
3.
A signed written parental permission agreement and emergency
medical care contact information form must be completed. Parental
permission forms are available through ORM
Youth in high risk work areas, additional requirements must be met:
 Review by department chair in conjunction with EH&S and ORM
CIW does NOT cover
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Youth programs addressed within the Youth Activities, PreCollegiate Programs and Camps Policy;
Activities with minors who are enrolled as Iowa State
University students or employed by Iowa State University;
Activities supervised by the Child Development Laboratory
School, a day care provider contracted to the university or a
day care provider affiliated with the university;
Residences provided to employees by the university as part
of their employment, such as residence hall director
apartments, and farm manager homes;
Events and celebrations where families are encouraged to
participate.
Youth Participants in Human Subject Research
Exception to both policies as follows:
ISU research projects with youth participating as human subjects
must comply with the background check requirements found in
either the CIW or YAP policies.
The Institutional Review Board (IRB) approves or denies projects
involving human subjects, reviews procedures relating to the safety
of youth participants in research, and will make operational
recommendations to researchers, including but not limited to use of
parental consent forms, emergency contact information and other
documents intending to manage the risks of youth participation in
human subjects research projects.
Youth Programs Website
Updated Resources Available at:
http://www.riskmanagement.iastate.edu/youth/
Youth and Children at ISU
For Parents and Youth
Iowa State University has a long tradition of providing quality activities and programs for youth and children. To find
out more about our programs and their operation, please see Programs for Youth to find out what we offer.
For Youth Program Administrators
In order to keep our promise of offering excellent youth activities and programs at ISU, this website contains
information and resources to help Program Leaders plan and conduct activities, programs and camps for youth in a
safe and effective manner.
What policies apply to youth activities and programs?
Youth Program Registration
Background screening
Safety and training resources
Reporting child abuse and criminal activity
Reporting safety violations
Contacts
Youth Activities, Pre-Collegiate Programs
and Camps (YAP) Examples
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University Sponsored Programs
Organized group programs specifically offered to youth, including programs offered
by student organizations.
Middle or high school student working in laboratory with faculty member for more
than one day. May also be subject to internship/experiential learning requirements.
http://www.provost.iastate.edu/help/academic-policies-andprocedures/experiential-learning
University sponsored events coordinated with an outside party, but for which
university assumes responsibility such as a youth dance or music program.
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University Endorsed Programs
Athletics sports camps owned and run by a coach, contracted for use of university
facilities and services
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Third Party Programs
Youth Programs that are owned and run by another organization (i.e. Boy Scouts, Girl
Scouts, church organization) that contract with the university for facility or premise
use
Defining Types of YAP Programs
Applies to group youth activities, programs and camps
Full Policy found at:
http://www.policy.iastate.edu/policy/youthprograms
University Sponsored
A youth program offered by an Iowa State University department/unit as a means of recruitment, outreach
or education specific to department/unit mission or operations. The university is the sole or primary
sponsor with ultimate responsibility for operation; participant supervision; and control of the camp, program
or activity.
University Endorsed
A youth program actively supported or promoted by an Iowa State University department/unit and
sponsored or co-sponsored by another entity that provides the primary operational control, participant
supervision, and management for the program. These programs have ties to the university’s mission and
affiliation with an ISU department or unit, but the university is not the primary sponsor. University facility
use and services are permitted by contract.
Third Party
A youth program operated by an individual, organization or entity that is external to Iowa State University.
The university leases facilities/premises to the third party and may offer other services for payment, but is
not involved in program operations, participant supervision, or management unless contractually obligated.
Registration Requirements for University
Sponsored and Endorsed Programs
All youth programs must have a registration form with appropriate approval signatures submitted to
ORM before the program begins.
University sponsored and endorsed programs must be approved by the department chair/director and the dean or
vice president for the unit/department. Dean/vice president level authority for approval may be delegated to an
individual designated to oversee youth activities and programs for the college/division.
Special approval requirements:
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All programs that are affiliated with ISU Athletics or that are regulated by NCAA rules must also be approved by
the director of Athletics.
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In addition to department/unit and dean or vice president approval, all programs involving international travel
with youth participants must be approved by and meet the requirements of the ISU Education Abroad
Committee (ISU departmental group travel either for credit or non-credit) or Office of Risk Management
(Student Organizations)
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In addition to department/unit and dean or vice president approval, all student/campus organization
programs involving youth participants must also be approved by the organization’s adviser and the ISU Event
Authorization Committee. These programs must be sponsored by an ISU department/unit or work through
Conference Planning and Management with a third party program.
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University endorsed programs require an agreement for facility/premise use and must be entered into by
individuals with signature authority for contracting on behalf of ISU.
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University endorsed programs also require an Endorsed Youth Program Agreement, initiated by Office of Risk
Management, Office of University Counsel or ISU Athletics Department.
Registration Requirements for Third
Parties
Third Party Programs
Third party youth programs requesting to use university facilities,
premises, or services are subject to this policy and must contract
through ISU Conference Planning and Management or the
appropriate ISU department/unit, using an approved youth program
agreement for facility/premise use available at ORM. Specific
insurance requirements are required to conduct youth programs at
ISU facilities and premises.
Departments that contract with third parties must provide
applicable university policies, assist the third party in understanding
these policies and submit their registration form for a youth program
to ORM. A letter should be submitted by the third party confirming
their method to comply with background check requirements.
YAP Program Leader Responsibilities
Must all Youth Programs have a Program Leader?
Each program sponsor must designate a qualified program leader to be responsible for:
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implementation and oversight of the youth program
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compliance with university policies, procedures and guidelines
Program leaders for university sponsored or endorsed programs must be ISU Faculty or
P&S Staff.
Program leader responsibilities:
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Select and supervise program staff (both paid and volunteer)
Attend and supervise activities, or, if necessary, delegate to appropriate staff
Request background checks of program staff
Select program staff with adequate experience, qualifications, and training for
the tasks they will be required to perform
Provide orientation regarding pertinent ISU policies and procedures
Maintain appropriate ratios of authorized adults and program staff for youth
participant supervision
Review and implement applicable protocols found in Youth Activities, PreCollegiate Programs and Camps Procedures
YAP Operations
Program leaders are responsible for the proper care and supervision of youth
participants, including:
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Orientation for staff and participants
Compliance with university policies/procedures
Minimizing one-on-one contact to prevent instances of molestation or abuse of youth
participants and protect staff from false accusations
Acquisition & secure maintenance of documentation(i.e. parental permission forms,
publicity/image/voice/media release, & medical emergency information
Obtaining ISU Department of Residence housing (for overnight stays) or arranging for
approval with Office of Risk Management for alternate housing
Safe transportation of participants and staff for program activities
Establishment of appropriate safety, health and medical protocols (i.e. training for
program staff related to first aid, emergency response, confidentiality of personal
information and prohibiting staff or volunteers from taking unauthorized photos or
videos of youth
Reporting of crimes, harassment, misconduct or safety concerns
Program Leader Staff Orientation
Policies
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Children in the Workplace
Reporting Responsibility - Violations
Volunteers
Discrimination and Harassment
Employment Verification and Background Checks
Facilities and Grounds Use, Activities
Safety and Training Resources
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Creating Safe Environments
Emergency and First Aid Orientation
Urgent Care Resources Card
Contract Assistance and Signature Authority
Website For Parents, Youth and Children
 ISPY: Iowa State Programs for Youth
Authorized adult supervision ratios
Evaluate the ratio of adult program supervisors (18 years of age or older) to
program participants. The number of chaperones recommended is determined by
age and special needs.
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5 years and younger: 1 authorized adult for every 5 overnight youth participants
and 1 authorized adult for every 6 day youth participants
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6–8 years 1:6 for overnight, and 1:8 for day
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9–14 years 1:8 for overnight and 1:10 for day
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15–17 years 1:10 for overnight and 1:12 for day
* American Camp Association guidelines
Background Checks
Who needs a background check?
All faculty, staff, students, volunteers or others must have an approved background check on file prior to:
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Supervisory responsibilities for youth participants or youth program
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Unsupervised or one-on-one contact with a youth participant
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Involved with overnight supervision of youth
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Driving responsibilities for youth program
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Involvement by anyone for whom state law requires a criminal background check (mandatory reporters such as
teachers, medical professionals, etc.)
Background check process:
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Program Leader submits Background Check Request form
Individual submits Background Check Disclosure and Authorization form
Office of Risk Management processes background check
Cost is centrally funded through June 30, 2014 (unless subject to HRS’s normal hiring process)
The individual and program leader will be notified when the individual is approved or denied
If individual is denied, the program leader(s) will not be informed of why the individual was denied
Results of a criminal record background check are available to the individual upon request, when requested in
person and having two forms of picture ID
Any youth activity employee/volunteer must disclose any criminal arrest, citation, or conviction to the program
leader immediately upon such arrest or conviction. The program leader must report the information to Risk
Management
YAP does NOT cover
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Activities supervised by the Child Development Laboratory School, a day care provider contracted to the
university, or a day care provider affiliated with the university
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Youth visitors, individually or in groups, for activities not initiated or supervised by ISU program staff
(e.g., youth doing research in the Parks Library; field trips supervised by a youth participant’s school or
organization but not initiated or supervised by ISU staff or volunteers)
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Office of Admissions or other departmental recruiting visit programs which involve youth visiting
campus with their parents/guardians. Individuals working with youth in these situations are subject to
the Employment Verification and Background Checks policy
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Incidental visits by individual youth interacting with ISU faculty or staff, but not as part of a coordinated
program offering. However, these activities are subject to the Children in the Workplace policy.
Examples include:
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Tours of ISU facilities
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Individual lessons (e.g., music) or tutoring/mentoring
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Individual non-student child doing research in a laboratory with a professor
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Job shadowing an ISU employee
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Individualized academic experiential learning/enrichment
YAP does NOT cover (continued)
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ISU credit-bearing academic courses with students under the age of 18 enrolled, including on-campus,
distance education, and independent study experiences.
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Performances or events open to the general public (e.g., athletic competitions, plays, concerts, etc.).
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Activities designed primarily for adults or enrolled students, even if they allow occasional youth
attendance (e.g., lecture series).
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ISU research projects with youth participating as human subjects.
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College-approved academic curriculum activities that include ISU student interaction with youth (e.g.,
Child Development Laboratory school visits). Colleges will set policy regarding safety and background
checks for these programs/students.
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Practicum and student teaching activities as a part of the School of Education. The background check
policy of the School of Education applies for these programs/students.
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ISU employees under the age of eighteen who are not involved with youth activities. Individuals working
in these situations are subject to the Employment Verification and Background Checks policy.
ISU Volunteers
Definition of an ISU Volunteer
A volunteer is an individual who performs services, in furtherance of the
humanitarian, educational, or service mission of the university. A volunteer
performs services without promise, expectation or receipt of compensation,
benefits or consideration for the services provided. Although compensation for
volunteer services is not allowed, ISU volunteers who have received prior
department/unit approval may be reimbursed for actual and reasonable expenses
following university reimbursement guidelines (see Resources section below).
When providing volunteer services, a volunteer is not an employee for any purpose,
is not covered by the Fair Labor Standards Act (FLSA), and is not eligible for
university benefits or workers' compensation.
Policy Statement
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http://policy.iastate.edu/policy/volunteers
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Departments/units are responsible for oversight of all
volunteer services and activities and for assessing risk
associated with volunteer services. All departments/units
must comply with the requirements and approval process
for volunteer services, regardless of whether those services
are provided on-campus or at an off-campus location, as
outlined in this policy and in the related procedures.
Limitations on Who May Volunteer
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An ISU employee may not volunteer to perform services for the university that
are identical or similar to his/her duties as an employee.
A person is not considered a volunteer when the decision to volunteer such
services was not made freely, without pressure or coercion.
A person may not volunteer if the person would displace or replace an employee
position.
An individual who has been convicted of an offense for which he/she must
register with the National Sex Offender Registry.
Volunteers working with youth, handling money, etc. may be subject to a
criminal background check and drivers of university vehicles will be subject to a
motor vehicle record check.
ISU does not allow a volunteer younger than fifteen years of age without the
supervision of his/her parent or guardian.
Foreign nationals who do not possess the proper visa or other legal
authorization permitting them to work or volunteer at the university may not
volunteer.
Persons not Covered
The following are not considered ISU volunteers:
 Unpaid academic appointment
 Performing services for another entity
 Performing services as a member of a group
contracted by the university
 Guest lecturer
 Public member of a committee
 Participant in human subjects research
Approval Process
Approval of ISU volunteers
An individual becomes an approved ISU volunteer when the required ISU
procedures are completed by the proposed volunteer and approval is
received from the chair or director of the university department/unit.
Required documentation includes a Volunteer Service Agreement and
Medical Emergency Information. Parental Permission Agreements are
required for volunteers under the age of 18. (Contact ORM for agreement
forms).
This approval process applies to members of the public, ISU employees, or
students who are enrolled at ISU and wish to volunteer in an ISU program
or facility.
An electronic Volunteer Management System for ISU is under development.
Assessing risk factors for ISU volunteer
services
Prior to approving volunteer services, the university
department/unit must evaluate the services that a volunteer
is expected to provide.
The department/unit must classify the services to be provided
in one of the following three categories based on the varying
level of risk:
 Low Risk Services
 Higher Risk Services
 Generally Prohibited Services
Low Risk Services
Volunteers providing services that are classified as low risk
require only a Volunteer Group Roster. Examples include:
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Commencement volunteers
Gallery/program guide
Phone-a-thon volunteers
Greeting or directing individuals in a department or unit or
at a university event
Distribution of materials at fairs or special events
Higher Risk Services
Services are classified as higher risk due to potential liability issues. Volunteers for higher risk services
are required to complete a Volunteer Agreement. In addition, these services may also include criteria
that require review by other departments (such as Environmental Health and Safety, Office for
Responsible Research, University Counsel, etc.). Examples include:
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Laboratory services (such as volunteer services in research laboratories or other facilities in which
biological, chemical or radiological material hazards are present)
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Professional services (such as services of accountants, architects, engineers, nurses, physicians,
attorneys, etc.)
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Travel of any kind (i.e. driver or passenger in ISU or personal vehicle on university business)
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Services that involve contact with animals
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Services that involve financial or confidential matters
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Services that involve access to minors or vulnerable populations
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Services that involve possible contact with hazardous or potentially hazardous materials (such as
bio-hazardous material, infectious material, human blood, etc.)
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Services that involve access to keys for any university facilities
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Preparing or serving food (such as in our dining facilities)
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Digging trenches, planting trees, or landscaping
Generally Prohibited Services
Services with substantial risk to the volunteer, the university or the community are
generally prohibited.
Departments/units may contact ORM to request an exception to the prohibition. ORM
may grant an exception for ISU volunteer services in this category. ISU volunteers in this
category are required to complete a specific Volunteer Agreement. The following are
examples:
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Electrical or maintenance/repair activities that require university lockout/tagout procedures
Maintenance procedures that require an individual to place any part of his or her body into an
area where an associated danger zone exists
Any activity that requires the use of fall protection or safety restraints
Entry into identified confined spaces (see Confined Spaces Policy)
Any activity that is considered inappropriate for employees
Entry into any contract or making a commitment or expenditure of university funds, including
access to or use of P-Cards. Individuals who volunteer to ISU may not sign a contract on behalf
of the university
Services that involve export controlled materials, information, commodities, technology, and
software
Operation of construction-type heavy equipment (i.e. skid loader, backhoes, dump trucks, fork
trucks, scissor lifts, mechanized farm equipment)
Services that involve Select Agents (see Select Agents and Toxins Policy)
FCRA and FLSA: Application to
Volunteers? No...but maybe
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FLSA does not cover volunteers, but it does give guidance
on what it takes to be a volunteer – otherwise Department
of Labor might find the person is an employee entitled to
minimum wage and overtime.
The volunteer performs services without promise,
expectation, or receipt of compensation for services
rendered (some expenses or reimbursements allowed –
can’t be tied to productivity)
The volunteer offers the services freely without coercion
from the employer
The volunteer is not otherwise employed by the employer to
perform the same or closely related services
From Department of Labor Regulations
Public Sector Volunteers
Public sector employees may volunteer to do different kinds of
work in the jurisdiction in which they are employed, or
volunteer to do similar work in different jurisdictions. The
Department of Labor's Regulations 29 C.F.R. §553.103,
define "same type of services" to mean similar or identical
services. In general, DOL would consider the duties and other
factors … in determining whether the volunteer activities
constitute the "same type of services" as the employment
activities. Equally important is whether the volunteer service is
closely related to the actual duties performed by or
responsibilities assigned to the employee who "volunteers."
DOL Regulations - Volunteers
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Subpart B—Volunteers
§ 553.100 General
Section 3(e) of the Fair Labor Standards Act, as amended in
1985, provides that individuals performing volunteer
services for units of State and local governments will not be
regarded as “employees” under the statute. The purpose of
this subpart is to define the circumstances under which
individuals may perform hours of volunteer service for units
of State and local governments without being considered to
be their employees during such hours for purposes of the
FLSA.
Continued
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§ 553.101 “Volunteer” defined.
(a) An individual who performs hours of service for a public agency for
civic, charitable, or humanitarian reasons, without promise, expectation
or receipt of compensation for services rendered, is considered to be a
volunteer during such hours. …
(b) Congress did not intend to discourage or impede volunteer activities
undertaken for civic, charitable, or humanitarian purposes, but
expressed its wish to prevent any manipulation or abuse of minimum
wage or overtime requirements through coercion or undue pressure
upon individuals to “volunteer” their services.
(c) Individuals shall be considered volunteers only where their services
are offered freely and without pressure or coercion, direct or implied,
from an employer.
(d) An individual shall not be considered a volunteer if the individual is
otherwise employed by the same public agency to perform the same
type of services as those for which the individual proposes to volunteer.
DOL and Public Agency
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§ 553.102 Employment by the same public agency.
(a) Section 3(e)(4)(A)(ii) of the FLSA does not permit an
individual to perform hours of volunteer service for a public
agency when such hours involve the same type of services
which the individual is employed to perform for the same
public agency. …
CIW, YAP and Volunteers
We are available to assist anyone with questions concerning
these policies:
Office of Risk Management 294-7711
Steve Wieneke, Susie Johnson or Deb Sunstrom
Office of University Counsel 294-5352
Keith Bystrom
Assistance with kid-safe environments and related training:
Extension & Outreach/4-H Youth Development
Mitch Hoyer 294-1531
Thank you for attending!
QUESTIONS?