University Policy 126: Protection of Minors - PowerPoint Presentation

1. University Policy 126: Protection of Minors

2. Training Module 1:Protection of Minors on Campus PolicyThis training is designed to examine WCU’s Minors on Campus Policy (#126) and its application to programs serving or including minors.

3. DisclaimerThis training module contains general guidelines and information. It is not intended to be a comprehensive summary or to address all possible applications of, or exceptions to, the topics described herein. Various scenarios and issues are covered, but please note that these are to be used as a tool for further guidance and do not represent an exhaustive list of possible scenarios and topics that may be encountered. This training module should not substitute for additional training to be provided by individual Covered Programs or for guidance on specific situations to be provided by administrators of Covered Programs. Prior to beginning this training you should read WCU Policy 126 in its entirety.

4. Applicability of policy 126This policy applies to the presence of minors on University property in Cullowhee and any other instructional sites or facilities under the University’s operational control. This policy is consistent with and complementary to Policy 71 and UNC Policy 1300.10 Protection of Minors on Campus.With the exception of the mandatory reporting requirements in section VII., below, this policy does not apply to students under the age of 18 who are enrolled or matriculated at the University, or who are enrolled in The Catamount School pursuant to N.C.G.S. llSC-238.50 et seq.126.II

5. Applicability of policy 126All portions of the Policy apply to the protection of minors participating in programs sponsored by the University or held on University property, with the exception of students who are enrolled or matriculated at WCU (“enrolled students”). Enrolled students who are minors are covered by University policies applicable to students and applicable State laws involving the protection of minors and are not subject to the remaining requirements of this Policy.126.II

6. Duty to reportBoth as a matter of University policy and North Carolina State law, any member of the University Community who reasonably suspects that a minor has been abused or neglected by a parent, guardian, caregiver, or staff member has an absolute obligation to report that suspicion to the appropriate local law enforcement County Department of Social Services (“DSS”). The Jackson County (North Carolina) DSS and University Police are the appropriate contacts for incidents occurring on the University’s campus in Cullowhee, regardless of the residence of the minor involved. 126.VII

7. Protection of reporting partiesIndividuals reporting inappropriate conduct or suspected inappropriate conduct in good faith are protected under North Carolina law from criminal and civil liability for making the report. Furthermore, it is the policy of the University that a good-faith report of suspected abuse or neglect must not be retaliated against in the terms and conditions of employment or educational program126.VII

8. Covered ProgramsCovered Programs are activities or programs primarily serving or including minors and either:Conducted by the University, whether located on university property or elsewhere; orConducted by a third-party individual or organization on university property.See WCU Policy 126 for details on the definition of Covered Programs. After reviewing the policy, if you need further guidance please contract the Office of University Legal Counsel. 126.III

9. Covered Programs: Who are Minors?Minors are defined as individuals who are younger than 18 years of age and are participating in a Covered Program. With the exception of the mandatory reporting requirements this policy does not apply to students under the age of 18 who are enrolled or matriculated at the University, or who are enrolled in The Catamount School pursuant to N.C.G.S. llSC-238.50 et seq.126.III

10. Covered Programs: Who’s who?Program Organizer: The External Organization, recognized student organization, or University department, unit, or employee that organizes or is responsible for the overall administration of a Covered Program.Covered Individuals: All individuals 18 years old or older, including employees, volunteers, and students of WCU and owners, employees, and external organizations operating a Covered Program, who work closely with, supervise, instruct, or otherwise come into direct, non-incidental contact with minors in a Covered Program.Invited guest speakers, guest lecturers, or guest instructors whose interaction with minors is limited and only in the presence of a Covered Individual, are not required to be considered Covered Individuals.126.III

11. Covered Programs: Registration & ApprovalAll covered programs must be registered and approved by the university prior to the initiation of the program or activity.  The registration process shall be routed through the university department charged with managing and supervising the university property to be used. Generally this will require the program organizer to complete Addendum A of the Facilities Use Agreement.For guidance on how to complete Addendum A, refer to Policy 126 or your university department contact.126.IV

12. Covered Programs: required TrainingAll Covered Individuals must be trained within twelve (12) months prior to working with Minors as part of the Covered Program.Training consists of three parts:Compliance with WCU Policy 126 (this Module)Mandatory Reporting Obligations (Module 2)Appropriate Supervision of Minors (Module 3)126.V.B

13. Covered Programs: background checksA background check must be conducted for all Covered Individuals at least every twelve (12) months. All checks checks should look back at least five years, or since the individual reached the age of 18, whichever is shorter.Criminal background checks must be done through a qualified background check vendor, according to reasonable industry standards, and include searches for criminal convictions (federal and in all states and counties in which the individual has lived), searches against the national and state sex offender registries.If the Covered Individual’s responsibilities include transporting minors, a mandatory driver’s license check. Contact WCU Human Resources to process background checks for WCU employees.126.V.C

14. Covered Programs: background checksResults will be reviewed by the Program Organizer. Persons with the following prior convictions may not participate:sex offense, a crime against children, or a serious violent crime involving assault or injury to others may not participate in a Covered Program. Covered Individuals whose background checks reveal other prior criminal convictions may be prohibited from participating in a Covered Program after consideration by the Program Organizer and responsible University administrator, in consultation with WCU legal counsel, of the nature of the conviction and its relevance to the position. Covered Individuals whose background check reveals serious driving-related convictions should not be permitted to transport minors as part of their duties.126.V.C.5

15. Covered Programs: background checksDuty to Inform:All University employees and students who are Covered Individuals must report any criminal conviction(s) occurring between background checks to the Program Organizer, who will evaluate whether the conviction prohibits the Covered Individual from participating in the Covered Program consistent with section (C)(4).126.V.C.6

16. Medical/emergency PreparationsThe Program Organizer will be responsible for ensuring proper medical and emergency services preparations and planning for all Covered Programs. This includes:Arranging adequate emergency services as appropriateObtaining and maintaining all necessary formsEstablish a procedure for notification of the Minor’s parent/legal guardianCreate and maintain an up-to-date list of Covered Program times and dates, locations, attendance, designated Covered Program contact. External Organizations must provide a copy of this list at least ten (10) days prior to the start of the Covered Program.126.V.D

17. SupervisionEvery Covered Program should have a minimum of two (2) Covered Individuals with at least a 1:18 supervision ratioFor example: If there are 12 minors, there must be at least 2 Covered Individuals. If there are 40 minors, there must be at least 3 Covered Individuals.Unless expressly authorized by the Program Organizer, or unless interaction involves the provision of health care or counseling services by a licensed provider, Covered Persons will not be alone with a single Minor. It is recommended the Program Organizer provide more supervision when considering factors such as: the number and age of Minors, whether the Minors have special needs, the activities involved, type of housing (if applicable), and the age and experience of the Covered Individuals.126.V.E

18. Overnight Covered programsA Covered Individual should be “on duty” during overnight hours to respond to any circumstances where a Minor requires assistance. For purposes of this policy “on duty” means actively monitoring the location where Minors are housed including overnight hours.Covered Individuals must reside in the same housing building, and preferably the same floor. Separate sleeping accommodations are required for Covered Individuals and Minors, unless the Covered Individual is a parent, guardian, or sibling of the Minor.All guests and visitors of Minors staying in University housing are restricted to building lobby and lounge areas and only during the hours specified by the Program Organizer, which in no case shall be later than 12:00am.Program Organizers must certify to the University that they have obtained signed written permission from a parent or guardian for a Minor to stay overnight on University Property.126.V.E.5

19. Minors on Campus committeePolicy 126 establishes a Committee which provides consultation to Program Organizers, as needed, to determine whether a program is a Covered Program and/or whether a minor is a student minor.To submit a question or for any inquires about this policy contact the Office of University Legal Counsel.126.VI

20. Reporting violations of the policyAny suspected violation of the provisions of Policy 126 should be immediately reported to the Office of University Legal Counsel. After-hours and weekend reports of policy violations may be reported by calling the WCU Police Department at 828-227-8911 or, in the case of an emergency situation, by calling 911.Other individuals may also need to be notified based on other University or Department policies.126.VI

21. Reporting violations of the policyCorrective ActionViolations of this Policy may result in disciplinary action for any University employee, whether paid or volunteer, up to and including termination of employment.Violations of this Policy also may result in discontinuation of the program or banning of the program from use of University facilities.126.VI

22. Date: ______________________Program Name: ________________________________________________________By signing this document, I agree that I have read and completely understand the responsibilities, policies and procedures outlined in Training Module 1: Protection of Minors on Campus Policy. I agree to follow/adhere to all rules and expectations while performing my duties associated with this Covered Program.Signature: __________________________________________Printed Name: ______________________________________Protection of minors on campus policy training certification:

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