Policy Education & Training

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Presentation transcript:

Policy Education & Training MINORS ON CAMPUS Policy Education & Training Ball State University © 2013

What is required by the Policy? Appropriate Screening for all staff, personnel, and volunteers interacting with minors at Ball State Background Checks including criminal history and the Sex Offender Registry Notify HR of all participating persons Decision to exclude an individual program will be made by the Associate VP for HR or designee Completed Minors on Campus Training and specific department training as applicable Register programs with the Director of Risk Management ®

Remember that systematic background checks are no substitute for effective screening Only 3-4% of child molesters have any criminal history Juvenile records are typically sealed, so background checks may not disclose any criminal history prior to age 18 unless the person was waived as an adult Conduct in-person interviews, follow-up with reference checks, and continuously monitor employees and volunteers Use probationary periods for staff if appropriate ®

Identifying and Minimizing Risks Who is a minor? Where are they on campus? What sponsored programs are they involved in off campus? What are the risks and hazards for minors at Ball State? How can you minimize these risks? ®

Who is a minor? Indiana State Law defines a minor as any person under the age of 18 (IC 1-1-4-5(8)). Ball State adopts the same definition excepting regularly enrolled college students age 17 and up. ®

Where are they? Examples include: Camps and special events—academic, athletics, homecoming, alumni events Facilities rentals Field trips to campus Community and family outreach—tutoring, affiliates, family weekends Burris and Academy students International programs ®

What are some of the risks? Safety risks Laboratories Shops & Studios Athletic camps Alcohol & Controlled Substances Medical Care Medications Food and medicinal allergies Injury & Trauma Human Risks Adult-Minor Interactions Supervision & Monitoring Sexual Misconduct Minor-Minor Interactions Hazing & Bullying ®

Alcohol & Controlled Substances Controlled substances include alcohol and illegal drugs, such as opiates, opium derivatives, hallucinogenic substances, depressants, and stimulants (IC 35-48-2 et seq.), as well as over-the-counter (OTC) and prescription medications, and tobacco products Limiting access to alcohol & controlled substances NEVER provide tobacco products to a minor Ball State is a tobacco-free campus, no one is permitted to use tobacco products on campus regardless of age NEVER provide alcohol to a minor. It is a Class C misdemeanor for a person under 21 years of age to possess or consume alcohol in Indiana (IC 7.1-5-7-7) It is at least a Class B misdemeanor for a person to provide alcohol to a minor (IC 7.1-5-7-8, see also IC 35-46-1-8) NEVER provide or dispense any controlled substances without express permission It is a Class C felony for a person over 21 years of age to furnish a controlled substance or drug in violation of Indiana law to a minor (IC 35-46-1-8(b)) ®

Alcohol & Controlled Substances Ensure that parents or guardians complete a medical authorization form detailing what types and/or dosages of OTC medications their children may take and whether such medications may be self-administered Ensure that parents or guardians list prescription medications and dosages; create a plan for administration or self-administration If you discover a minor in possession of alcohol or a controlled substance without permission, report immediately to the program director It is a Class C misdemeanor for a person over 21 years of age to encourage or aid a minor to unlawfully possess alcohol (IC 7.1-5-7-15) ®

Medical Care Medical authorization and consent signed by parent or legal guardian Medication Checklist for parents Know what medicines and/or dosages for OTC medications List any prescription medications and dosages Ensure that the parent or guardian has provided sufficient quantities for the duration of the program Have a plan for administration or self-administration by the minor List of any known food or medicinal allergies Know the severity of allergy; have a plan for any accidental ingestion or exposure Injury & Trauma Know where the nearest hospitals, clinics, and pharmacies are located; whether they have pediatric services Have contact information for emergency and non-emergency centers ALWAYS notify parents at the earliest possibility ®

Preventing Sexual Abuse The goal of all programs and policies is to PREVENT sexual abuse before it occurs by providing safe environments for minors Background checks, interviews, and reference checks for all personnel interacting with minors Ongoing training for appropriate interactions and reporting of suspicious activity Create an open and visible environment Transparency: encourage dialogue and feedback from personnel, parents, and minors Enforcement: apply the rules consistently and follow up on violations ®

Types of Child Abuse Offenders Predatory or Preferential Offenders Tend to build their lives around gaining access to children (jobs, volunteers work, social activities) Pick out favorite children & give them extra attention and gifts, physically engage them (hugs, massage, squeezing) Convince parents and other adults that they love children (grooming not just the children, but society) Screening and selection policies can often detect warning signs and past history, but if predatory offenders slip through, staff needs to pay extra attention to behavioral warning signs and/or policy violations ®

Types of Child Abuse Offenders Opportunistic Offenders Do not necessarily seek out children Often interact with children and minors and the boundaries become blurry (e.g., college aged students and teenagers with similar maturity levels) Alcohol, drugs, or personal problems may impair the adult’s judgment May take advantage of anonymity to offend—crowded places where they can “accidentally” grope a minor; locations such as bathrooms and locker rooms where minors undress where they can secretly take photos or video Staff should create and enforce strict policies regarding appropriate boundaries and unsupervised contact between minors and adults Staff should closely monitor high-risk situations ®

Open and Visible Environment Sexual abuse is, in part, a crime of opportunity Minimize opportunities for adults to be alone with minors Follow a 2+ Adult Interaction Policy whenever possible: have at least two adults with a group of minors at all times For circumstances that require one-on-one interaction (e.g, tutoring), ensure that those activities take place in an open environment such as open library tables Activities should NEVER take place behind locked doors For activities that may require private sessions (e.g., music lessons), conduct random check-ins ®

Physical Signs of Sexual Abuse Pain, itching, or trauma in the genital area Unexplained health-related complaints Persistent or recurring pain during urination and bowel movements Wetting and soiling accidents unrelated to toilet training Torn, stained, or bloody underclothing Venereal disease or pregnancy Difficulty walking or sitting Touching selves or others Self-abuse, inflicting pain ®

Behavioral Signs of Sexual Abuse Fear of adults and/or certain people Dependency on non-abusive adults Anger, aggressiveness, crying, complaining, low self-esteem Use of explicit sexual language Mimicking of adult-like sexual behaviors Sudden increase or decrease in hygiene habits Decreased participation with peers Talk of suicide or attempts Remember that there is no one-size-fits-all model; watch for any unexplained and sudden changes in behavior. If you are suspicious, follow up and seek assistance. ®

What if a child discloses abuse? Minors may report abuse at home, from an adult on campus, or from another minor Do not panic or express shock at the disclosure Express your belief that the child is telling the truth Reassure the child that it is not his or her fault Let the child know what you will do Report to the proper authorities immediately * Note that minors commonly retract their statements especially in cases of sexual abuse—out of guilt, fear, or confusion. This does NOT relieve you of your obligation to report the abuse to authorities. ®

Reporting Suspected Abuse You have a legal obligation to report abuse. (IC 31-33-5-1, et seq.): anyone who has a “reason to believe” that a child is the victim of child abuse or neglect shall immediately make an oral report to the Department of Child Services (DCS) or a local law enforcement agency Centralized DCS Hotline: 1-800-800-5556 available 24/7 Muncie Police: 911 or (765) 747-4838 Delaware County Sheriff: (765) 747 7878 Ball State University Police: (765) 289-1241 or 1-800-382-8540 When reporting suspected abuse, it is helpful to have all of the identifying information in front of you: name, ages of each child, address, and phone number ®

Reporting at Ball State Further, if you are required to make such a report to the authorities, you must also immediately notify the program director The program director is obligated to make a formal report as well, but this does NOT relieve you of your duty to report to authorities. ®

What is a “reason to believe” child abuse exists? A “reason to believe” is the legal standard by which your duty to report is measured. If you have a reason to believe that abuse exists and you fail to report, you may be subject to criminal charges IC 31-9-2-101: a “reason to believe” is evidence that, if presented to individuals of similar background and training would cause the individuals to believe that a child was abused or neglected. Variable standard based on your background and training What would a typical person in your position think? Example: a teacher may not have reason to believe that certain injuries were caused by abuse, whereas a doctor, based on training and experience, may believe that abuse exists and therefore has a duty to report. ®

Reporting Requirements You do not need to investigate or prove that the allegations or suspicion is factual It is not the responsibility of educators, faculty, or staff to prove that allegations are true or false Your role is to report the abuse and set in motion the process of getting help for the child Think of the report as a request for an investigation ®

What if another BSU employee or affiliate reports to you? Remove any barriers to reporting; inform your subordinates of the reporting requirements; reinforce the importance of reporting Post reporting procedures in an easily accessible location; provide phone numbers to local law enforcement and CPS If a subordinate discloses suspected abuse to you, you are also required by law to report to CPS or local law enforcement ®

Do minors sexually abuse other minors? Yes, over a third of all sexual abuse of children is committed by someone under the age of 18. Juvenile offenders fall into two main categories: (1) those who offend against children; and (2) those who offend against peers or adults ®

Healthy Sexual Development vs. Harmful Behavior Children pass through different stages of development as they grow. It is normal for children’s awareness and curiosity about their own sexual feelings to change as they pass through infancy, childhood, puberty, and adolescence It is helpful to distinguish between common and uncommon sexual behaviors to identify harmful sexual acts and children who might have been abused or could be potential abusers www.safersociety.org ®

What is age-appropriate sexual behavior? Preschool (0-5 years) Common: sexual language regarding body parts, bathroom talk, pregnancy, and birth; private or public self-stimulation, showing or looking at private body parts Uncommon: language of specific sexual acts or explicit language; adult-like sexual contact with other children School-age (6-12 years) Common: questions about relationships and sexual behavior, menstruation, and pregnancy; experimentation with similar-aged children, kissing, touching; private self-stimulation Uncommon: adult-like sexual interactions, discussion of specific sexual acts, public self-stimulation ®

What is age-appropriate sexual behavior? Puberty—this can begin in school-aged or adolescent children Common: increased curiosity about sexual materials and information, relationships, and sexual behavior; using more explicit sexual words and describing sexual acts; increased experimentations with similar-aged minors, including open mouthed kissing, fondling Uncommon: consistent adult-like sexual behavior, self-stimulation in public, oral/genital contact, intercourse Adolescence (13 to 16 years) Common: questions about decision-making, social relationships, and sexual customs; experimenting with similar-aged adolescents including kissing, fondling, and oral/genital contact; approximately 1/3 engage in intercourse Uncommon: self-stimulation in public; sexual interest directed toward much younger children ®

Sexually harmful behavior Sexually harmful behavior is sexual activity between children that occurs without consent, without equality, or as a result of coercion Sexual exploration with much younger or vulnerable children (e.g., disabilities or developmental challenges) Using force, tricks, bribery, or other manipulation Overt and deliberate acts at stimulation vs. anatomical curiosity or exploration ®

Warning Signs of Sexually Harmful or Abusive Behavior There is no mold for a typical youth offender; they come from all backgrounds. But there are some warning signs you can look out for: Making others uncomfortable by consistently missing or ignoring social cues about others’ personal limits or boundaries Insisting on physical contact with a child even when that child resists Preferring to spend time alone with younger children rather than peers Responding sexually to typical gestures of friendliness or affection Regularly minimizing, justifying, or denying the impact of inappropriate behavior ®

Stronger indicators of risk for abusive behavior Linking sexuality and aggression in language or behavior; sexually harassing behavior; forcing sexual interaction Turning to younger or more vulnerable children for sexual exploration rather than peers Inability to control sexual behaviors after being told to stop Taking younger children to “secret” places, engaging in undressing or touching games ®

What are the warning signs exhibited by victims? Minors victimized by other minors show many of the same physical and behavioral signs as those victimized by adults Reluctance to be alone with a particular child or anxiety around that child is common Depending on the scenario, children many not understand that the behavior is inappropriate or harmful ®

Reporting Requirements Indiana law does not distinguish between child abuse committed by adults or abuse committed by other minors Recognizing the difference between sexual exploration and sexually harmful behavior, if you have a “reason to believe” that a child has been the victim of abuse (without consent, without equality, or as a result of coercion), you MUST report, regardless of whether the suspected offender is an adult or a minor It is not your obligation to investigate the suspected abuse or verify factual allegations CPS and law enforcement will follow up to confirm any abuse and to determine the appropriate course of action ®

The goal is to prevent abuse. How do you minimize the risks? Set limits when children engage in behaviors inappropriate to a particular setting Correct the inappropriate behavior and help them understand appropriate boundaries This is also an opportunity for the child to talk about keeping themselves and others safe; children who initiate overtly sexual acts often have been victimized by an adult beforehand Model appropriate, respectful behavior ®

What can you do to prevent peer-on-peer sexual abuse? Create open and transparent environments Create clear expectations of appropriate behavior, enforce the rules, and follow up on violations Sexually explicit language and jokes are not appropriate There should be no sexual touching, grabbing, or pinching Even if the act is consensual, program rules should make it clear that this is not the appropriate place for such activities In any overnight camp or field trips, boys and girls must have separate dormitories Curfews should be announced and enforced ®

Bullying & Hazing What is bullying? What is hazing? Bullying is overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner, physical acts, aggression, or any other behaviors committed by one minor or group against another with the intent to harass, ridicule, humiliate, intimidate or harm the targeted minor. (IC 20-33-8-0.2) Bullying includes making threats, spreading rumors, attacking someone physically or verbally, and excluding someone on purpose Cyber-bullying can take place through any electronic means such as text messages, emails, or social networking sites What is hazing? Hazing is any action taken or situation created that intentionally causes embarrassment or risks emotional and/or physical harm to members of a group regardless of their willingness to participate. “Hazing” as a criminal offense means forcing or requiring another person (with or without consent), as a condition of association with a group or organization, to perform an act that creates a substantial risk of bodily injury (IC 35-42-2-2.5) Hazing is at least a B misdemeanor, and can be a felony act (IC 35-42-2-2.5(b)) ®

Prevent Bullying Early Childhood Model positive ways for children to make friends; practice ways children can ask to join others or take turns. Coach older children to reinforce these behaviors and praise children when they do well. Help children learn the consequences of certain actions in ways they can understand. Encourage children to tell an adult if they are ever treated in a way that makes them feel uncomfortable, upset, or unhappy, or if they witness another child being harmed. Set clear rules for behavior. Step in to quickly stop aggressive behavior and redirect it before it occurs. Use age-appropriate consequences for aggressive behavior. ®

Prevent Bullying Older Children and Young Adults Encourage young adults to talk to someone they trust Determine the nature of the behavior. Especially among adolescents and young adults, bullying behavior may escalate to hazing, harassment, or stalking. Review campus codes of conduct, and if necessary, seek out help for suspected criminal acts Report criminal acts to campus or community law enforcement Set clear expectations of behavior and enforce the rules Follow up on violations, use age and behavior appropriate consequences ®

Prevent and Report Hazing Ball State has a strict anti-hazing policy for its own students, student organizations, groups or teams; this same standard applies for groups of minors on campus Hazing occurs in both men’s and women’s organizations, and is common among students in middle and high schools, particularly athletic teams Adults should not encourage, condone, or ignore hazing. Do not dismiss harmful behavior as “mere traditions.” Educate your teams or groups about hazing Use examples of hazing and non-hazing behavior Create non-hazing activities that promote team-building Make it clear that hazing is not tolerated Follow up on violations and implement appropriate consequences, including dismissal from the team and reporting to the program director and campus or local law enforcement as appropriate ®

Resources Child Abuse Prevention and Reporting: Roles and Responsibilities, Prevent Child Abuse of Delaware County, a Chartered Council of Prevent Child Abuse Indiana Code of Ethical Conduct and Statement of Commitment, a position statement of the National Association for the Education of Young Children, revised April 2005 The Safer Society Foundation, Inc.; www.safersociety.org Stop It Now; www.stopitnow.org National Coalition to Prevent Child Sexual Abuse and Exploitation; www.preventtogether.org Parents for Megan’s Law and the Crime Victims Center www.ParentsforMegansLaw.org/public/prevention_childSexualAbuse.html ®

Resources “Protecting Your Children: Advice from Child Molesters” http://dcf.vermont.gov/sites/dcf/files/pdf/protectkids/Protecting_Your_Children.pdf “Child Sexual Abuse: Ten Ways to Protect Your Kids,” by Kathy Seifert, Ph.D., D.A.B.P available at www.pyschologytoday.com Ball State University Hazing Policy, Student Code—Appendix D, available online at http://cms.bsu.edu/about/administrativeoffices/studentrights/policiesandprocedures/studentcode/appendixd Hazing Prevention; www.hazingprevention.org Stop Bullying, www.stopbullying.gov ®

Additional Resources Information about and for survivors of sexual abuse National Sexual Assault Hotline, available 24/7, 1-800-656-HOPE (4673) Rape, Abuse & Incest Network (RAINN), National Sexual Assault Online Hotline, available 24/7 www.rainn.org Association for the Treatment of Sexual Abusers, www.atsa.com ®