Purpose

To promote the safety and welfare of minors who participate in activities and programs with minors and are entrusted to the university’s care. To support the protection of minors, this document outlines what is required of faculty, staff, appointees, administrators, undergraduate and graduate students, volunteers, interns, employees of temporary employment agencies, and independent contractors/consultants who work in activities and programs with minors, outreach and community service and mentoring with minors, and informs individuals of their reporting obligations in instances of known or suspected abuse or neglect of minors.

Applies to

Units, program administrators, faculty, staff, appointees, administrators, undergraduate and graduate students, volunteers, interns, employees of temporary employment agencies, and independent contractors/consultants (“authorized adults”) working in activities and programs with minors in the course of their university duties.

Responsibility

Individuals violating this policy will be held accountable for their actions. Enterprise Risk Management and Insurance has oversight of the accountability as it relates to this policy and operational guidelines. Authorized adults have responsibility to comply with registration, training, background checks, reporting and other requirements as set forth below. Enterprise Risk Management and Insurance can refer matters to other university offices as appropriate and may deny or remove (pending appropriate corrective action) the ability of any individual covered under these guidelines.

Policy owner

Enterprise Risk Management and Insurance

Definitions

Activities and Programs with Minors – any:

1. event, operation or endeavor operated or organized by the university;
2. that includes minors; and
3. during which parents, teachers or legal guardians are not expected to be responsible for the care, custody or control of the minors and/or virtual covered program directed at minors and hosted by the university on an online platform during which parents, teachers or legal guardians are expected to maintain care, custody and control of the minor(s) but not participate in the event, operation or endeavor. Activities and programs with minors can be in-person, virtual or a hybrid of both.

Appointee – an individual deemed to have an affiliation with the university in a non-compensatory capacity.
Authorized adult- means any individual who is at least 18 years old, paid or unpaid, who supervises, chaperones, accompanies or is otherwise responsible for the direct on-site care, custody or control of minors during a covered program. This includes but is not limited to the program administrator, faculty, administrators, program staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants.
 
Care, custody or control – when an authorized adult(s) who is not a licensed medical provider providing professional services to a minor is present and has primary responsibility for supervision of minors at any given point throughout the covered program. At least one authorized adult must have care, custody and control of minors at all times during the covered program.

Child abuse or neglect– when a child has suffered or faces a substantial threat of suffering any physical or mental wound, injury, disability or condition that reasonably indicates abuse or neglect. This also includes any conduct of a sexual nature that may be harmful to a minor’s mental, emotional, or physical welfare.
Covered program – any activities or programs with minors within the scope of this policy except as explicitly excluded in section 3.

Minor– means any person under the age of 18, or any person under the age of 21 years old who is incapable of self-care due to a mental or physical disability, who is participating in a covered program.

One-on-one contact– is personal, unsupervised interaction between an adult and a minor without at least one other adult, parent or legal guardian being present. For purposes of this definition, another adult will be deemed “present” if within the line of sight of the adult interacting with the minor. One-on-one contact extends to all interactions and communications including those by telephone, mail, texting, social media, or any other means or medium.

Program administrator - The program administrator must be a university employee that is not a student employee (undergraduate or graduate).
Unit– the sponsoring university college or administrative planning unit
Unit leader– Head of college or administrative planning unit (e.g., dean, senior vice president, president, provost)

Volunteer- any individual assisting in an unpaid capacity for a covered program with university sanction, which includes interns or practicum students.

Program Administrator/Hiring Staff

1. The program administrator, or designee, will register the program annually at least two months before the program start date.
2. The program administrator, or designee, will establish a record keeping system as required by the Minors on Campus Policy. See the Minors on Campus web page for the records retention instructions for properly storing and retaining covered program’s records.
3. The program administrator will assign authorized adults to be accessible to program staff, volunteers and participants at all times during the program. Staffing assignments for the program should be made to ensure one-on-one contact between authorized adults and minors does not occur and that appropriate levels of supervision are implemented at all times unless an exception has been approved by Enterprise Risk Management and Insurance and Legal Affairs with all completed documentation required by Legal Affairs. In addition, any authorized adult who has one-on-one contact with minors as part of a University sponsored program or event must have a BCI background check, be checked against the National Sex Offender Registry annually and participate in annual training.
4. The program administrator, or designee, will determine which authorized adults will need background checks and the type of background check they will need. Do not forget that program administrators must have proper background checks [PDF].
5. The program administrator, or designee, will ensure background checks are completed and reviewed by Enterprise Risk Management and Insurance before any individual being background checked can be hired or otherwise selected by the unit. A monthly report to include authorized adults name, type of background check and expiration date will be provided by Enterprise Risk Management and Insurance for program administrators to check against and maintain their list of program authorized adults.
6. The program administrator, or designee, will ensure all individuals in their covered programs who are required to be background checked are educated on their duty to accurately disclose on the University Human Resources Arrest or Conviction Self-Disclosure Form [PDF] any and all criminal arrests and convictions that occur after hire or after being accepted as a volunteer within three days of the arrest or conviction. Failure of an individual to disclose in accordance with this section will be grounds for discipline up to and including termination and students will be referred to the conduct office.
7. The program administrator, or designee, will ensure everyone that will be working or volunteering with minors must be checked against the National Sex Offender Registry annually. The program administrator, or designee, may do this at the National Sex Offender Public Website or University Human Resources will perform the checks for a fee for faculty and program staff.
   
   To request a National Sex Offender Registry Check, please email the following information to uhr@ohio.edu:
    * "I am requesting a National Sex Offender Registry Check”

    *  Name of employee to be checked

    *  Email of employee to be checked

    *  A valid university account number for billing (each check is currently $6.05)

8. The program administrator will complete and will ensure that all authorized adults complete the following training classes (annually). Register here for training and ensure that the program staff/volunteers complete the required training annually.

    * Protecting Children: Identifying and Reporting Sexual Misconduct

    * Shine a Light Webinar video

    * Hiring Staff Who Work With Minors (Program Administrator/Hiring Staff only)

9. The program administrator will annually review and sign the Program Code of Conduct [PDF] and document on the Staff/Volunteer Tracking Form [XLSX] that all authorized adults for the covered program have reviewed and signed annually as well.
10. The program administrator must ensure that all volunteers for programs complete and execute the Volunteer and Agreement Release [PDF].
11. The program administrator, or designee, is responsible for collection and review of all participants’ forms applicable for their program. Please review the Forms section on the Minors on Campus website to determine the forms that apply to your program. The applicable forms on the Minors on Campus web page must be used for all activities and programs with minor participants.
12. The program administrator, or designee, is required to ensure that all activities and programs with minor participants have the correct documentation appropriately completed by a parent/legal guardian prior to the commencement of the program.
13. The program administrator, or designee, must review the participant’s medical information forms prior to the covered program to prepare to properly meet the needs of participants including accommodations in accordance with the Americans with Disabilities Act.
14. The program administrator, or designee, must review each participant’s authorization for medication administration form to ensure that the program administrator and all applicable program staff understand physician instructions for all medications that will be brought to a covered program, that there is a plan to properly collect and store medications, that there is a plan to properly administer medications, and that the participant has any emergency medications in the appropriate location.
15. The program administrator, or designee, must maintain an emergency contact list for all covered programs and authorized adults including name and emergency contact information at least two (2) weeks prior to the commencement of a program but no later than participant drop off.
16. The program administrator, or designee, must make sure all covered programs involving overnight stays in university facilities or university sponsored facilities adopt and implement rules and policies for the proper supervision of minors in university housing.
17. The program administrator and any designee is required to carry a cell phone at all times and must sign up to receive alerts at the Alert OHIO web page
18. The program administrator, or designee, will ensure all covered programs will utilize the buddy system(operating in pairs) in all activities whenever possible.
19. The program administrator, or designee, will ensure covered programs will communicate to the parents or legal guardians prior to the program begin, but no later than at drop off on the first day, what mode(s) of emergency communication will be used.
20. The program administrator and program staff members must have a roster with them at all times that contains each participant's name and emergency contact information.
21. The program administrator, or designee, will ensure each covered program establishes a procedure for checking minor participants in and out of the program. Minor participants may not leave the program except in the company of a parent/legal guardian, someone authorized in writing by a parent/legal guardian, or to walk/bike ride home as authorized in writing by a parent/legal guardian. The program administer, or designee, must check the attendance at least once during each day of the program and have a procedure in place for locating missing participants and reporting missing participants to OUPD (740-593-1911 or 911) or local law enforcement and the parents(s) or legal guardian(s).
22. The program administrator will ensure that any authorized adult who in the course of their duties witnesses child abuse or neglect or knows or has reasonable cause to know that a minor has suffered or faces a substantial threat of child abuse or neglect must immediately report such knowledge.
23. The program administrator, or designee, will ensure if there is an incident or injury involving non-employees (program participants, visitors to campus, or students), a Non-Employee Incident Report [PDF] must be filled out by an Ohio University employee and submitted to Enterprise Risk Management and Insurance at insurance@ohio.edu.
24. The program administrator, or designee, will send a completed Staff/Volunteer Tracking Form [XLSX] to Enterprise Risk Management and Insurance at insurance@ohio.edu prior to the program start date.

Program Employee/Volunteer

1. Program employee/volunteer should check with the program administrator to determine if a BCI/FBI background check is required. Please note that it may take up to 30 days for the results to arrive. You will not be able to assist in the program until your background check is received, reviewed and approved. You are able to get your FBI/BCI background check at the Ohio University Bobcat Depot. You will need the following information when you go to the Bobcat Depot:
    * The account number with which to bill the BCI and/or FBI checks;
    *  Use Ohio Revised Code Section 5104.013 as the applicable law on the form for Ohio BCI background checks, and use NCPA/VCA on the form for FBI background checks; and
   * Have results sent to: Ohio University, Attn: Enterprise Risk Management and Insurance C/O Larry Wines, UHR, Grosvenor Hall 345, Athens, Ohio 45701
2. Program employee/volunteer must complete the following two (2) training classes annually and send training certificates to the program administrator. Register here for training.
    * Protecting Children: Identifying and Reporting Sexual Misconduct
    * Shine a Light Webinar video
3. Program employee/volunteer must annually sign and review the Program Code of Conduct [PDF].
4. Program volunteers must complete the Volunteer Agreement and Release [PDF] and return to the program administrator

Enterprise Risk Management and Insurance

1. Enterprise Risk Management and Insurance will maintain the registration system and coordinate with the Office of Legal Affairs on the approval process for covered programs.
2. Enterprise Risk Management and Insurance is responsible for reviewing background checks and collaborating with units on providing appropriate legal notice to the subjects of the background checks.
3. Enterprise Risk Management and Insurance will maintain background check records to include updating Oracle and running monthly OBI reports for Program Administrators.
4. Enterprise Risk Management and Insurance will provide and approve training material.
5. Enterprise Risk Management and Insurance will consult with the Office of Legal Affairs and Office of Equity and Civil Rights Compliance regarding background checks, reporting and provide other support as needed.
6. Enterprise Risk Management and Insurance will email program administrators after confirmation of registration is received with instructions on the next steps.

Office of Equity and Civil Rights Compliance

1. Office of Equity and Civil Rights Compliance will receive and process reports as they relate to this policy.
2. Office of Equity and Civil Rights Compliance will coordinate and conduct investigations of allegations of child abuse or neglect as needed.
3. Office of Equity and Civil Rights Compliance, in collaboration with the Office of Risk Management, will review background checks and deny or remove the ability of an individual to volunteer or work with covered programs, as needed.

University Police

1. University Police will notify the Office of Equity and Civil Rights Compliance of suspected abuse or neglect.

Office of Legal Affairs

1. Office of Legal Affairs will approve initial Minors on Campus program registration.
2. Office of Legal Affairs will consult regarding adverse background checks and be responsible for creating and approving appropriate releases and forms related to Minors on Campus.