Protection of Minors: A Program Organizer’s Guide Office of Equity and Inclusion

Protection of Minors: The Policies

Protection of Minors Policies These policies are intended to facilitate the protection of minors at programs, camps, and other similar events held on University property or in University facilities. In addition, these policies address the mandatory reporting of suspected child abuse and/or neglect. Minors on Campus (Sponsored or Organized by the University) https://sites.udel.edu/generalcounsel/policies/protection-of-minors-programs-for-minors- on-university-property-or-in-university-facilities-sponsored-or-organized-by-the- university/ Minors on Campus (Sponsored or Organized by Third Parties) https://sites.udel.edu/generalcounsel/policies/protection-of-minors-programs-for-minors- on-university-property-or-in-university-facilities-sponsored-or-organized-by-third-parties/ Reporting of Suspected Child Abuse https://sites.udel.edu/generalcounsel/policies/protection-of-minors-reporting-of-suspected- child-abuse/

Definitions Adult: a person who has reached his or her 18th birthday Minor: a person who has not reached his or her 18th birthday Participant: the minors who are participating in a program for minors Program: any camp, clinic, event, class, or the like that serves minors without supervision by their parents or guardians regardless of duration Program Organizer: anyone who wishes to sponsor or organize a program on University property or uses University facilities Program Staff: all employees, volunteers and/or independent contractors of program such as organizer, coaches, assistants, counselors, and teaching assistants. Program staff must be adults, must have passed a criminal background check, and must have undergone trainings. Minors Liaison: an official designated by the University to monitor programs for minors and ensure compliance.

Protection of Minors: Procedures

Procedures Registration Background Checks Training Certification No less than 60 days before the start of the program, the program organizer must register the program. To register, the program organizer will need… Name and contact information of program organizer Description of program Anticipated number and ages of participants Anticipated number of program staff

Procedures Registration Background Checks Training Certification All Program Organizers must obtain a background check for themselves and each program staff prior to that person interacting with minors. A cleared background check, at a minimum must include: A name-based Delaware criminal background check through the Delaware Justice Information System (DELJIS); Child Protection Registry Check through the Department of Services for Children, Youth and their Family (DSCYF); and An out-of-state criminal record check using private, third-party providers of such checks, provided that any out of state criminal record check shall include a Social Security trace search and county- based criminal record search in the counties in which the individual has resided within the past 10 years.

Procedures For Programs Sponsored by the University Registration Background Checks Training Certification For Programs Sponsored by the University A program organizer must obtain a new background check for each program staff member prior to the program staff interacting with participants. The background check will be valid for up to 3 years, provided the program staff member remains continuously employed by the University in some capacity. Any program staff member who refuses to undergo a criminal background check shall be deemed ineligible for participation in any program for minors. For Programs Sponsored by Third Parties The cost for these clearances will be the responsibility of the Program Organizer and will not be borne by the University. A program organizer must obtain a new background check for each program staff member at least annually, with such check to occur no more than 60 days prior to the scheduled commencement of the current year’s program.

Procedures Registration Background Checks Training Certification All program staff must receive training prior to the start of the program which must include: responsibilities and expectations of Program Staff and Participants, including but not limited to appropriate interactions between Program Staff and Participants; policies and procedures, including the Standards of Conduct below, applicable to the Program, the Program Staff and Participants; proper enforcement of the policies and procedures, including the Standards of Conduct below, applicable to the Program, the Program Staff and Participants; appropriate crisis/emergency responses; how to request local emergency services; how to report suspected child abuse; how to report suspected violations of child safety practices and policies; appropriate sign-in and sign-out procedures; safety and security precautions; and confidentiality issues involving Participants.

Procedures Registration Background Checks Training Certification No less than 7 days before the start of the program, the program organizer must certify the program. To certify, the program organizer will need… A roster of the program staff with the dates of completed background checks and training; A roster of participants with the completed permission slips and/or releases; A detailed description of the sign-in and sign-out procedures for the program; and The number and ages of participants.

Protection of Minors: Program Expectations

Expectations Supervision of Minors: All minors must be supervised at all times by program staff. Program Organizers may not rely on program staff not listed on their roster to supervise minors. The ratio of staff to program participants must reflect the gender distribution of the participants and should meet the following minimums: 1 staff member for every 5 participants ages 4 and 5 1 staff member for every 6 participants ages 6 to 8 1 staff member for every 8 participants ages 9 to 14 1 staff member for every 10 participants ages 15 to 17 Audits: The University reserves the right to spot check individual background checks or conduct a full audit of any Program for Minors’ background checks at any time, in its sole discretion.  A Program Organizer shall provide documentation of its compliance with this Policy to the University within forty-eight (48) hours of request. Record Retention: The program organizer must maintain the records of background checks for program staff for a minimum of three years. The program organizer must maintain a roster of all participants for a minimum of three years

Expectations Self-Reporting: Any program staff member who is arrested, charged with, or convicted of a crime must self-report the arrest or conviction within 72 hours to the program organizer, who must in turn immediately report to the Office of Equity and Inclusion no later than the next business day after learning of the arrest or conviction. Falsification of Background Check or Failure to Report: If any Program Organizer or Program Staff member negligently, recklessly, or willfully falsifies any portion of his or her background check information, or that of any other Program Staff member, and/or fails to abide by the self-reporting requirements of this Policy, such falsification shall be grounds for termination of the Program’s contract for cause and a future ban on use of University property or facilities.  If a Program Organizer or Program Staff member who is also an employee or independent contractor of the University negligently, recklessly, or willfully falsifies any portion of his or her background check information or the information of any other person, it shall be grounds for discipline, up to and including termination.

Standards of Conduct Program Staff are prohibited from doing anything to endanger minors, including but not limited to: Having one-on-one contact with Participants: there must be two or more Adults present during activities where minors are present (with the exception of licensed psychologists providing psychological and counseling services to minors). Having any direct electronic contact with Participants without another Adult being included in the communication. In the case of Adults supervising Participants overnight, entering a Participant’s room, bathroom facility, or similar area without another Adult in attendance, consistent with the policy of not having one-on-one contact with Participants. Sharing overnight accommodations with Participants (other than the minors’ parents or guardians). Engaging in abusive conduct of any kind toward, or in the presence of, a Participant. Striking, hitting, administering corporal punishment to, or touching in an inappropriate or illegal manner any Participant. Touching should only be done in the open and for a clear educational, developmental or health-related purpose.

Standards of Conduct (cont.) Program Staff are prohibited from doing anything to endanger minors, including but not limited to: Picking up Participants from or dropping off Participants at their homes, other than the driver’s child(ren), except as specifically authorized in writing by the Participant’s parent or legal guardian. Providing alcohol or illegal drugs to any Participant. Providing prescription drugs or any medication to any Participant unless specifically authorized in writing by the parent or legal guardian as being required for the Participant’s care or the Participant’s emergency treatment. Making sexual materials in any form available to Participants or assisting them in any way in gaining access to such materials. Using vulgar language or engaging in sexual talk with Participants. Taking pictures of Participants in the Program unless their parent or legal guardian has signed a waiver allowing use of photography for Program-related purposes. Even if such a waiver has been signed, Program Staff should not take photos of Participants for their own use, including for the purpose of posting to their own social media site.

Protection of Minors: Reporting of Suspected Child Abuse

Reporting of Suspected Child Abuse If a child is in immediate danger, contact police immediately at 911 to obtain protection for the child. Immediately make an oral report to the Delaware Department of Services for Children, Youth, and their Families (DSCYF) by calling (800) 292-9582. Solely informing a supervisor that you suspect abuse is NOT sufficient. Immediately, but in no event later than 72 hours after calling DSCYF (as described in #2 above), prepare and submit a written report using the Department’s Child Abuse/Neglect Mandatory Reporting Form. Fax the completed form to DSCYF at (302) 577-5515. Whenever an employee, with the exception of a licensed counselor, volunteer or independent contractor makes a report under step #3 above, that person must also make an internal report to the Office of Equity and Inclusion by immediately sending an email to jrickmon@udel.edu. The person making the report must attach to the email a copy of the completed DSCYF’s Child Abuse/Neglect Mandatory Reporting Form sent in step #3 above.  All University employees, volunteers, and independent contractors are required to assist the University, to the extent deemed necessary by the University, in gathering factual information related to the report. Forward any subsequent communication from DSCYF relating to the report to the Office of Equity and Inclusion at jrickmon@udel.edu. To the extent it is permitted by law and/or reasonable under the circumstances, the University will endeavor to preserve the confidentiality of all child abuse and neglect reports and records to protect the privacy rights of the person making the report.

Questions Jessica Rickmond, Minor Liaison Office of Equity and Inclusion 305 Hullihen Hall (302) 831-8063 oei@udel.edu