ROWAN UNIVERSITY
 

TITLE: Protection of Minors

SUBJECT: Administration

POLICY NO: Adm: 2016:03

APPLIES: University-wide

ISSUING AUTHORITY: President

RESPONSIBLE AUTHORITY: Vice President for Strategic Enrollment Management

ADOPTED: 05/03/2016 

LAST REVISION: 04/25/2017

LAST REVIEWED:

I.  PURPOSE

This policy is intended to provide guidelines for University Colleges, Schools, and Departments to ensure adequate supervision and protection for these minors.

II.  ACCOUNTABILITY

Under the direction of the President, the Vice President for Strategic Enrollment Management shall ensure implementation and ensure compliance with this policy. 

III.  APPLICABILITY

This policy should be read by and is applicable to all employees, students employed by Rowan, contractors, representatives, volunteers, or agents of the schools, departments and units that are a part of Rowan University.  .

IV.  REFERENCES

1. Whistleblower Policy ("Reporting Compliance & Ethics Concerns")
2. Lab Safety Policy
3. United Educator's On-Line Training Module, "Protecting Children: Identifying and Reporting Sexual Misconduct"

V.  DEFINITIONS

1. Abuse, neglect - A child who is under the age of 18 is considered to be abused or neglected when a parent or caregiver does the following: inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm to the minor; fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so to the minor; or commits or allows to be committed an act of sexual abuse against a child.
   
   
2. Authorized Adult - Individual(s), paid or unpaid, who is (are) authorized to supervise or regularly chaperone minors. An authorized adult must be at least eighteen (18) years of age.
   
   
3. Direct Contact Position or Job Title - Position or job title that includes responsibility to exercise direct supervision, guidance, or control of minors, which may include counselors or volunteers under the age of eighteen (18) years.
   
   
4. Minor - A person under the age of eighteen (18) participating in a Rowan-sponsored Program or a Program operated in or at University facilities/locations. Please note that while all suspected instances of abuse or neglect of a minor must be reported under the Protection of Minors Policy and state law, other Policy requirements are not applicable to Students under the age of 18 who are enrolled in the Rowan undergraduate program or Summer/Winter Session courses.
   
   
5. One-on-one Contact - Interaction between any Authorized Adult and a minor without at least one other Authorized Adult, parent or legal guardian present.
   
   
6. Programs – Programs, events and activities offered by any academic, administrative or athletic unit of the University, or by non-University groups using University facilities/locations. Please note that while all suspected instances of abuse or neglect of a minor must be reported under the Protection of Minors Policy and state law, other Policy requirements are not applicable to Programs offered or sponsored by another Entity where Rowan students, Staff, or faculty, or other affiliated individuals engage in volunteer or other activities with minors (e.g., Rowan students who volunteer at Ronald McDonald House).
   
   
7. Rowan-sponsored program – Any Program that (a) involves the use of Rowan funds to pay (or reimburse) expenses for all or part of program, (b) is being led in whole or in part by a Rowan University employee, and/or (c) is sponsored by (not just arranged through) a Rowan University college, school, or department.
   
   
8. Sponsoring Unit - The academic, administrative or athletic unit of the University that offers a Program.

VI.  POLICY

1. Rowan University is committed to the appropriate supervision and protection for all minors participating in Rowan-sponsored Programs on its campus and all minors participating in all other Rowan-sponsored Programs.
   
   
2. At the very minimum, and regardless of whether or not Rowan is sponsoring the Program at which the observation is made, all employees, representatives, agents, and volunteers of Rowan are required under New Jersey law to report allegations of child abuse that come to their attention. To that end, all employees, representatives, agents, and volunteers have a responsibility and an affirmative duty to report actual or suspected child abuse, including physical abuse, child sexual abuse, and child neglect and the University has a responsibility to make sure they can do so without fear of retaliation or reprisal. Reports of child abuse should be made immediately to Rowan Department of Public Safety and to the New Jersey Division of Child Protection and Permanency at 1-877-NJABUSE.
   
   
3. All Rowan University employees, students employed by the university, contractors, representatives, volunteers, and agents have a duty to follow this policy to ensure appropriate protection and supervision of minors participating in Rowan-sponsored Programs. In addition, all employees, students employed by the university, representatives, agents, and volunteers are required under applicable state law to report suspected instances of abuse or neglect of a minor.
   
   
4. Other than the Mandatory Reporting Requirements under this policy, this policy shall not apply to Rowan's traditional academic activities involving enrolled students who are under the age of 18.
   
   
5. This policy shall not be applicable to Programs that are open to the public. Further, this policy shall not apply to Programs where children will be chaperoned by their parents or an adult chaperone who is not affiliated with Rowan during their presence in or at Rowan facilities/locations. Finally, while Rowan shall make best efforts to ensure that external entities sponsoring Programs in or at Rowan facilities/locations are aware of this policy, Rowan is not responsible for ensuring that those entities comply with the law or this policy.
   
   
6. In addition, Rowan operates an early childhood educational program which is subject to additional statutory and regulatory requirements for the provision of childcare and education. Nothing stated herein is intended to limit Rowan's ability to implement additional policies for its early childhood educational program.
   
   
7. Reporting Requirements
   1. Anyone subject to this policy who suspects that a minor has been subject to abuse or neglect must immediately notify the Rowan Department of Public Safety at 856-256-4922. Anonymous reports can be made using this number or via the 24 hour Integrity Hotline 855-431-9967, or via the web at https://rowan.alertline.com.
   2. In addition, New Jersey law (NJSA 9:6-8.10) requires all persons who have reasonable cause to believe that a minor has been subject to abuse or neglect to report it to the New Jersey Division of Child Protection and Permanency, formerly the Division of Youth and Family Services (DYFS) at 1-877-NJABUSE (1 -877-652-2873).
   3. The University will not retaliate or engage in adverse employment action against any individual who reports a reasonable belief that a minor has been subject to abuse or neglect. The University prohibits retaliation against any individual who in good faith reports a violation of this policy or participates in any investigation related to same. Retaliation is a serious violation of this policy and, like the policy violation itself, will be subject to disciplinary action.
      
      
8. Procedures for Programs Involving Minors Sponsored by any Unit of Rowan University
1. Sponsoring units operating a Program involving minors (not including minors matriculated as undergraduate students or enrolled in Summer Session or Winter Session courses) must operate the Program in accordance with Attachment A regarding:.
   • Registration
   • Measures to prevent abuse of minors
   • Measures to maintain adequate supervision of minor
   • Measures to Address Medical and Emergency Situations involving Minors
     
     
9. Programs Involving Minors Sponsored and Operated by Outside Parties in University Facilities/Locations or on University Property
   1. All contracts for the use of University facilities/locations by outside parties for programs involving minors must provide a link to this Policy.
      
      
10. Minors Not Participating in a Rowan University Program
    1. Rowan is a University campus and is generally not a proper environment for Minors who are not directly accompanied by a parent or guardian unless they are registered in a Program planned for Minors and adequately supervised by adults who have the appropriate training and credentials. Accordingly, the following rules shall apply:

• • • Rowan students who have a Minor relative, friend or other guest visiting them and/or staying overnight in Rowan University housing must comply with all applicable policies and procedures in the Student Handbook.
    • Rowan students may not babysit Minors in their campus housing, including but not limited to dormitory rooms. This prohibition applies even if the student is not being paid for babysitting.
    • Pursuant to other University policies and/or Federal and/or State laws and regulations, Minors should not be present in certain facilities/locations and environments. If a parent or guardian brings his or her Minor child to work, the parent or guardian is responsible for the Minor's welfare and must ensure that the Minor child does not visit such restricted facilities/locations or environments.
    • Minors must not be left unsupervised on Rowan's campus. It is the responsibility of those who bring minors to campus (including Rowan Program Directors or those individuals designated by third party programs) to ensure appropriate and continuous supervision.

VII.  Attachments

1. Attachment A - Procedures for Programs Involving Minors Sponsored by Any Unit of Rowan University
2. Attachment B - Protection of Minors Registration Form
3. Attachment C - Protection of Minors Certification Form

________________________________________________________________________________________________________________________________________________________

ATTACHMENT A
PROCEDURES FOR PROGRAMS INVOLVING MINORS
SPONSORED BY ANY UNIT OF ROWAN UNIVERSITY

Sponsoring units operating a Program involving minors (not including minors matriculated as undergraduate students or enrolled in Summer Session or Winter Session courses) must operate the Program in accordance with the following guidelines:

1. Registration
   1. Sponsoring units operating a Program involving minors must register any Program including participants who are minors with Conference and Program Services. To register the Program, Sponsoring Departments shall complete the Registration Form and submit it to Conference and Program Services at least thirty (30) days before the Program.
      
      
2. Measures to prevent abuse of minors
1. All persons must make all reasonable efforts to remove minors from dangerous or potentially dangerous situations.
2. All persons subject to this policy are required to notify the University (through the Department of Human Resources) immediately upon conviction of any crime. Failure to do so may result in the imposition of sanctions up to and including termination for cause.
3. Criminal background investigations of Authorized Adults and those who hold Direct Contact Positions or Job Titles must be conducted. Background checks will occur every year, with a sex offender registry check being performed once every year and a criminal background check performed at least once every four years. Background checks may occur more frequently, without notice, at the discretion of the University. NOTE: For enrolled students volunteering in programs with minors, but functioning under the supervision of an employee (paid or unpaid), only the sex offender registry check is required.
   1. Background checks will be administered and records maintained by Human Resources, but it is the responsibility of each Sponsoring Unit to ensure background checks are conducted in compliance with this policy. The cost of background checks are the responsibility of the Sponsoring Units.
   2. Registry checks performed by Sponsoring Units are done online by searching for the individual's name. A date of birth and home address can be used to differentiate between duplicate names. The link for the required registry is: Dru Sjodin National Sex Offender Public Website: (http://www.nsopw.gov/en-US). A positive registry finding will be communicated to the individual and the Dean of Students.
   3. If any form of background investigation conducted indicates a record of sexually based offenses or crimes against minors, that individual may not participate in the Program. If other offenses are revealed by such a background investigation, a copy of the report shall be given to the individual and the Dean of Students. If the Dean of Students determines that the individual should still participate in the Program, then the report must be provided to the committee specified in Section IV(4) of the University's Policy on Background Checks for Candidates for Employment for its review and final decision in accordance with the terms of that policy. Human Resources personnel, in collaboration with the Dean of Students as applicable, will convey the decision to the individual.
   4. All records related to Criminal Background Investigations are confidential and will be treated as such. These records will be maintained in accordance with applicable law.
4. Authorized Adults and Direct Contact Positions or Job Titles participating in programs and activities covered by the policy must not, unless required by exigent circumstances:
1. Have contact with minors in one on one situations.
   • When feasible, there should be two or more Authorized Adults present during activities when minors are present.
   • Where not feasible, an Authorized Adult may supervise a group of minors.
   • Private one-on-one instruction is the accepted standard in limited educational settings, such as music lessons. In those situations, the Program shall take reasonable and appropriate measures to ensure the safety of minors. Such measures shall include at a minimum, notification to the Parents or Guardians of the minors of the intended educational setting and a signed acknowledgment of same.
2. Enter a minor's bedroom, bathroom facility, or similar area when that minor is staying overnight in University housing without another Authorized Adult in attendance
3. Share accommodations with minors, with the exception of minors' parents or guardians sharing accommodations with their own children.
4. Engage in abusive conduct of any kind toward, or in the presence of, a minor
5. Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any minor.
6. Provide vehicular transportation to minors at any location, other than the driver's child(ren), except as specifically authorized in writing by the minor's parent or legal guardian.
7. Provide alcohol or illegal drugs to any minor.
   • Authorized Adults must not provide prescription drugs or any medication to a minor unless specifically authorized in writing by the parent or legal guardian as being required for the minor's care or the minor's emergency treatment.
5. All Authorized Adults and Direct Contact Positions or Job Titles participating in a Program covered by this Policy are required to complete annual training on the conduct requirements of this Policy, on protecting minors from abuse, and on required reporting of incidents of improper conduct to the proper authorities. Training must be completed within the 12 month period preceding the start of the program. Training will be administered by the Department of Risk Management and Insurance and all related training needs and questions should be directed to that department.
6. If an allegation of inappropriate conduct has been made against an Authorized Adult or person in a Direct Contact Position or Job Title participating in a Program, that person shall not be permitted to participate in the Program until such allegation has been satisfactorily resolved by the University.
   
   
3. Measures to maintain adequate supervision of minors:
   1. Whenever feasible, all activities involving minors should be supervised by at least two or more Authorized Adults or by the minor's parent(s) or legal guardian(s) at all times.
      1. "Adequate supervision" will depend upon the number and age of minor participants; the activity(ies) involved; the type of housing, if applicable; and age and experience of the supervisors.
   2. Students who are at minimum 18-years-old and are participating in the program as either employees or volunteers may supervise minor participants, subject to the same policy requirements provided herein.
   3. Where University Housing is provided, programs must adopt and implement rules and regulations for proper supervision of minors while in housing. The following minimum standards must be included:
      1. All Programs involving housing of minors must register with Conference and Program Services and receive advance permission of the Program.
      2. Guidelines on adequate number of staff for supervision of minors in particular activities.
      3. Written permission signed by the parent/guardian for the minor to reside in University housing, including contact information for parents and emergency medical authorization. This permission form should be maintained by Conference and Program Services and a copy shall be provided to the Office of Risk Management.
      4. Guests of participants, if allowed, (other than a parent/legal guardian and other Program participants) are restricted to visitation in common areas only of the building, and only during approved hours specified by the Program.
      5. The Program must comply with all security measures and procedures specified by Residential Learning.
      6. Pre-enrollment visit programs for High School students housed overnight in residence halls must be registered with the Office of Residence Life.
         
         
4. Measures to Address Medical and Emergency Situations involving Minors:
   1. Authorization of and Access to Emergency Medical Services
      1. An authorization for medical treatment, release of medical information (HIPAA), emergency treatment and general medical liability waiver form must be completed, as applicable, by the parent or guardian of each participant. Conference and Program Services will notify the Sponsoring Unit which forms are necessary.
      2. Programs must arrange for access to emergency medical services at all locations. Medical care appropriate for the nature of the Programs, expected attendance and other variables should be taken into consideration. In case of emergency, individuals must call 9-1-1.
   2. Distribution or administration of medications
      1. Medication may be distributed to the participant by Program staff only in accordance with written authorization from the participant's parent or legal guardian, as applicable. Conference and Program Services will notify the Sponsoring Unit when authorization is necessary. All such medication must be provided in its original pharmacy container labeled with the participant's name, name of the medication, dosage and timing of consumption. Over-the-counter medications must be provided in the manufacturers' original container.
      2. Staff shall keep medication in a secure location, and at the appropriate time for distribution shall meet with the participant, as appropriate given the nature of the Program.
      3. Any medication which the participant cannot self-administer must be stored and administered in accordance with the fully executed medication permission form signed by the parent or guardian.
   3. Safety measures for laboratory or research activities
      1. All programs which include laboratory or research activities must follow appropriate safety measures approved by the Rowan Office of Environmental Health & Safety.
   4. Notification of parents in an emergency
      1. Programs must establish a procedure for the notification of the minor's parent/legal guardian in case of an emergency, including medical or behavioral problems, natural disasters, or other significant Program disruptions.

________________________________________________________________________________________________________________________________________________________

ATTACHMENT B
PROTECTION OF MINORS REGISTRATION FORM
Rowan-Sponsored Programs
(This Form Must be Submitted with the Event Request Form)

Program Name: ____________________________________

Program Purpose: ____________________________________

Please attach a brief description of the Program

Contact Name: __________________________

Contact Phone: __________________________

Contact Email: __________________________

Secondary Contact: __________________________

Program Dates: ___________________Start/End time(s): _________________

Is this Program new? Y/N

Age range of minors in Program (check all that apply): ___6-12 years ___13-17 years

Estimated number of minor participants: ________

Type and number of Program Personnel (check all that apply):
___Adult volunteers ___Regular employees
___Professional educators ___Temporary employees
___College students ___Other (specify)

I am aware that the Rowan Protection of Minors Policy requires all Authorized Adults in the Program to have a current background investigation completed and on file. Background investigations include Sex Offender Registry checks and Criminal Background checks (please review the Policy for details). Further, all Authorized Adults must complete training to the requirements of this Policy.

All Programs involving minors must be operated in accordance with the requirements of the Protection of Minors Policy. By signing below, you are acknowledging your receipt of this Policy and that your Program will be operated in accordance with the requirements of this Policy.

Name and Title

Signature                                                                                Date 

________________________________________________________________________________________________________________________________________________________

ATTACHMENT C
PROTECTION OF MINORS COMPLIANCE FORM
Rowan-Sponsored Programs
(This Form Must be Submitted 15 days Prior to the Program/Event Start Date)

Program Name: ___________________________________

Contact Name: ____________________________________

Contact Phone: ____________________________________

Contact Email: ____________________________________

Secondary Contact: _____________________________________

Program Dates: ________________________ Start/End time(s): ________________

I am aware that the Rowan Protection of Minors Policy requires all Authorized Adults in the Program to have a current background investigation completed and on file. Further, all Authorized Adults must receive training to the requirements of this Policy.

Therefore,

____ I certify that all program staff have passed the background investigation checks as outlined in the Rowan University Protection of Minors Policy.

____ I certify that, within the 12-month period preceding the start of the program, all program staff have completed training on protecting minors and the mandatory requirements for reporting abuse, as required by the Rowan University Protection of Minors Policy.
All Programs involving minors must be operated in accordance with the requirements of the Protection of Minors Policy. By signing below, you are acknowledging your receipt of this Policy and that your Program will be operated in accordance with the requirements of this Policy.

Name and Title

Signature                                                                     Date

________________________________________________________________________________________________________________________________________________________