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Programs for Minors Policy

Protection of Minors on Campus Policy

5/23/2023

Purpose

DePauw University is committed to establishing safety and security for all members of its community. The purpose of this policy is to set forth guidelines regarding the appropriate supervision of children under the age of 18 (Minors) who participate in activities and programs taking place on University property, facilities, and under the authority and direction of the University at other locations.

Definitions

Authorized Adult:  An adult who may come into contact or have interaction with a Minor as part of his or her job responsibilities or volunteer activities on behalf of the University or in a program operated in conjunction with the University.  Authorized Adults are considered mandated reporters with responsibility for reporting on suspected child abuse and neglect under Indiana law and University policy.

Camp and/or Clinic Refers to any Camp and/or Clinic in which Minors participate and which is run by the University.  It also refers to camps and/or clinics in which Minors participate that are not run by the University but rather by a third-party using University facilities under a contract.

Child Abuse: Physical maltreatment or harm directed towards a Minor child. Child abuse may include sexual harm or mistreatment.

Incidental Interaction with Minors:  Having interaction with Minors where the contact is always in a public setting, where there is little or no opportunity for privacy with Minors, where other adults will always be present, and where there is no one-on-one contact or physical contact with Minors.

Minor: A person under the age of 18 years old.

Non-University Affiliated Program: Any program, event, or activities offered by Non-University organizations using campus facilities. Programs include, but are not limited to: academic programs, coursework, or camps (both credit and noncredit); athletic camps or clinics; skill-based or enrichment camps and programs; tutoring or mentorship programs; internships (paid or unpaid), shadowing or research experiences; events not open to the general public (either one time or recurring).

One-to-One Contact: Interaction between an adult (Authorized Adult or other) and child that consists of or involves direct individual contact, confrontation, or communication outside of the line of sight or without the presence of other adult community members.

Overnight Guest: Minor visiting campus overnight under the oversight of an Overnight Host.

Overnight Host: An individual (generally a student of the University) who agrees to host a Minor to stay overnight in University-owned or Greek housing. Hosts may or may not be acting on behalf of a University-sponsored Program. Hosts of Overnight Guests can be held responsible for the behavior of their guests.

Program Administrator: The Authorized Adult with overall responsibility for a Program involving Minors. The Program Administrator is the Authorized Adult who oversees the day-to-day Program operations or supervises the Authorized Adults charged with directing the Program operations and is consequently responsible for preparing and submitting the Minors Registration Form to the Manager of Safety and Risk Management Services prior to the commencement of the Program.

Routine or Significant Contact with Minors: The ongoing, regular, or repeated contact with Minors that is part of the responsibilities of the University employee, student, or volunteer Includes hosting Minors that involves an overnight stay, any one-on-one contact with Minors, or any physical contact with Minors.

University Affiliated Program: Any activity, program, or event designed primarily to serve Minors offered by an academic or administrative unit of the University or recognized student organization whether on University-owned property, using University owned or managed facilities, or under the exclusive authority and direction of the University in other locations.

Scope

The University has adopted the DePauw Protection of Minors policy to ensure that every member of our community interacting with Minors does so in a manner that mitigates the risk of harm to all Minor participants. This policy is also drafted to protect the adults and DePauw students who will interact with Minors and applies to all relevant University affiliated programs operating on DePauw’s campus and Non-University affiliated programs.

This policy does not apply to:

  1. General public events where parents/guardians are expected to accompany their children such as sporting events, community events, concerts, or performances
  2. Official University admissions-related activities for prospective students, including alumni activities or events, are organized through the Department of Admissions and Aid. Members of the University community engaged in these types of admissions-related activities must follow the minimum standards of conduct for interacting with Minors as outlined by this Policy
  3. Minor degree-seeking students enrolled full-time at DePauw or deposited incoming students who have accepted the University’s offer of admission
  4. Regularly scheduled classes, Short Term Off-Campus Study Programs or courses, study abroad, Education Studies observations, or other direct curricular-related for students
  5. Co-curricular and social activities designed primarily for enrolled students of the University, or
  6. Patient care-related activities for Minors being served in the University Health Clinic

Minimum Care Standard

DePauw community members are expected to operate as positive role models in their interaction with Minors. It is imperative that our community exercises behavior that demonstrates honesty, respect, watchfulness, and responsibility when interacting with Minor children. These guidelines are set forward to help prevent child abuse and to provide a framework to identify and mitigate improper behavior.

These Core Care Standards are the minimum requirements that should be adhered to by all persons engaging with Minors:

  • Appropriate Boundaries: All DePauw community members interacting with students should take care to maintain appropriate physical, emotional, and sexual boundaries with Minors.
  • Bullying, Abusive Behavior, or Hazing: Bullying or abusive behavior towards a minor or in the presence of minors is prohibited. Abusive or bullying behavior includes but is not limited to verbal abuse, cyberbullying, striking, hitting, punching, poking, spanking, or physical restraint. Hazing of any kind is prohibited.
  • Cell Phones: The inappropriate use of cell phones, cameras, imaging, and digital devices for the purposes of recording or communicating with a Minor is prohibited– including the use of such devices in showers, restrooms, or settings where there is an expectation of personal privacy.
  • Communication: All communication with minors, including texting, the use of messaging apps, telephone or cell phone calls, video and web conferencing, social media, or emails should only be allowed for the purposes of conducting university business, and where possible, via a university-owned address or site. Communication that extends outside of the role of the professional or volunteer relationship (teacher, coach, host, etc.) is prohibited.
  • Drug and Alcohol Use: Acting while under the influence of drugs or alcohol is strictly forbidden when on duty. Staff and volunteers are prohibited from providing minors access to illegal drugs, and alcohol.
  • Gifts: Community Members should not give or receive gifts from Minors without the knowledge of their parents or guardians.
  • Minor Student Name, Image, and Likeness: Minor students will not be photographed, filmed, or recorded without the prior express written consent of a Minor’s parent or legal guardian.
  • One-on-One Interactions: All interactions between Authorized Adults and Minors should take place in open environments if possible. One-on-one interactions with Minors in restricted or private spaces should be avoided, but, if necessary, those interactions should be held in a public area with another Authorized Adult or community members in proximity.
  • Overnight Guests: Overnight Guests are expected to follow University rules and guidelines. Hosts of Overnight Guests can be held responsible for the behavior of their guests.
  • Property Damage: Intentional, and willful misuse or damage of University property is prohibited. Damages will be assessed and those found responsible for damaging or misusing University property may be subject to fines or formal criminal charges where appropriate.
  • Regulations: Community members shall not violate any provision of DePauw University policy or any federal/state/local laws or regulations.
  • Sexual Misconduct: Engaging in any sexual activity, making sexual comments, telling sexual jokes, sharing or providing sexually explicit material, undressing, bathing, or showering within the presence of Minors is prohibited. Additionally, engaging in or allowing Minors to engage an Authorized Adult in conversations regarding romantic, sexual, or related matters, is prohibited unless required in a professional capacity. Sexual abuse of any kind will not be tolerated.
  • Sleeping Arrangements: Authorized Adults shall not share sleeping quarters with Minors. Separate accommodations for Authorized Adults and Minors are required other than in the case of the Minor’s own parent/guardian or sibling.
  • Socializing with Minors: Inviting Minors to private residences or homes without the presence of a parent or guardian is expressly prohibited.
  • Tobacco Use: In compliance with the University Smoking policy as well as Greencastle city ordinance, no smoking is allowed within University buildings (or within 40 feet of those buildings), in University vehicles, or at University outdoor facilities. Staff and volunteers are prohibited from providing Minor students with tobacco products.
  • Vehicle Use: The operation of motor vehicles by Minors is prohibited while participating in a program.
  • Weapons: The possession or use of fireworks, guns, or other weapons is prohibited.

Registration, Documentation, and Written Requirements

All Programs covered by this Policy must meet the following requirements:

Registration

All programs and activities which involve unaccompanied Minors (under 18 years of age and not a current student at DePauw) must have a registered Program Administrator. All programs must be registered with the Director of Auxiliary Services and Risk Management and the Office of Public Safety at a minimum of thirty (30) days prior to the program via the University’s registration form for Programs Involving Minors. Registration must be conducted annually for all programs.

The Program Administrator must complete The Minor Program registration form. Documents will need to be collected as required by this Policy in order to sponsor a Program involving Minors. Documents shall include:

  1. criminal and sexual offender background checks on all Authorized Adults connected to the program and expected to have Routine or Significant Contact with Minors,
  2. certifications of completion of training by all Authorized Adults connected to the program, and
  3. a roster of all individuals, whether DePauw University employees, students, independent contractors, or volunteers, who will be staffing the Program.

Programs that involve only Incidental Contact with Minors should register no fewer than fourteen (14) days in advance of the anticipated Program commencement date.

All DePauw community members hosting Minors on campus for any amount of time outside of the scope of university-related business will be expected to follow the Minimum Care Guidelines laid out above in this policy.

Documentation and Written Agreements

Parents or guardians of Minors participating in Programs must execute a University-approved waiver of liability form and provide the waiver to the Program Administrator or designee. An exception to this provision will be made for Admission programs (including Music and Athletics recruiting) when the Minor will only be visiting the campus on a "day" visit and where the Minor will participate only in activities in public venues such as a guided tour, attending a class or taking a sample music lesson.

The Program Administrator shall be responsible for maintaining electronic records for a minimum of three (3) years after the Program closes. These records should be made available to the Manager of Safety and Risk Management Services and/or designee upon request. In the case of third-party contracts, the signed contracts should be retained for ten (10) years after the close of the Program and available to the Manager of Safety and Risk Management Services and/or designee upon request.

Parents/guardians must also provide a completed Medical Treatment Authorization form. All such forms must include the following:

  1. A statement informing the parent/guardian that the University does not provide medical insurance to cover medical care for the Minor
  2. A statement authorizing emergency treatment in case the parent/guardian cannot be reached for permission
  3. Authorization to release medical information to responsible parties as needed
  4. Emergency contact information including name, address, and phone number of the emergency contact

Screening Requirements

The Program Administrator will be responsible for arranging for appropriate screening, application review, and personal reference checks on all Authorized Adults who are expected to have Routine or Significant Contact with Minors. University Students serving as Overnight Hosts of personal friends or family are not required to complete a screening. Arrangements for screening employees and volunteers under third-party contractual relationships should be included in the terms of the contract.

Authorized Adults who will be expected to have Routine or Significant Contact with Minors are required to complete a Background Check Release form and to be screened for identity verification and criminal history and sexual offender status both nationally and in the county of residence. Background checks must be renewed annually. The Program Administrator can arrange arrangements for background checks for University staff, students, and volunteers with the University Office of Human Resources. Third-party organizations will be required under the terms of the contract to arrange for background checks for their employees and volunteers at the contractor’s own cost. University Students serving as Overnight Hosts of personal friends, family, or pre-enrollment admissions visits by High School age Minors are not required to be background checked.

The following types of convictions will render an individual ineligible to work at a Program in a paid or volunteer capacity:

  1. Sexual offenses, including stalking
  2. Crimes of violence involving physical injury to another person
  3. Dependent abuse, endangerment, molestation, child pornography
  4. Murder
  5. Kidnapping
  6. Listing on any sexual offender registry

Authorized Adults are required under this policy to notify the appropriate Human Resources representative (in the case of employees and volunteers) or the Program Administrator (in the case of University students and third-party program staff) of an arrest (charged with a misdemeanor or felony) or conviction within 72 hours of knowledge of the arrest or conviction. This includes any arrests or convictions that occur either between the date the Background Check Release form was submitted and the date work begins or during the conducting of the Program involving Minors.

Youth Protection Training for Authorized Adults

All Authorized Adults who participate in Programs involving Minors must complete youth protection training annually, prior to the commencement of the Program. Youth protection training must include a review of:

  1. Basic warning signs of abuse or neglect of Minors
  2. Guidelines for protecting Minors from emotional and physical abuse and neglect
  3. Requirements and procedures for reporting incidents of suspected abuse, neglect or improper conduct
  4. All requirements in this Policy

All third-party organizations operating Programs involving Minors in DePauw facilities must provide youth protection training to their Authorized Adults that covers the basic warning signs of abuse or neglect of Minors; offers guidelines for protecting Minors from emotional and physical abuse and neglect; and imposes requirements and procedures for reporting incidents of suspected abuse, neglect, or improper conduct.

Reporting Suspected Abuse and Responding to Allegations of Inappropriate Conduct

All Authorized Adults who suspect or know of child abuse or neglect must report this information immediately to the Indiana Child Abuse and Neglect Hotline (800-800-5556), the Program Administrator, and the Office of Public Safety. If the situation involves an emergency and/or the victim is in imminent danger, place the call to 911.

If an allegation of inappropriate conduct has been made against an Authorized Adult participating in a Program, he or she shall discontinue any further participation in the Program until such allegation has been resolved to the University’s satisfaction. It is the Program Administrator’s responsibility to ensure that the Authorized Adult’s participation in the Program ceases as soon as the Program Administrator becomes aware of such an allegation.

When Transporting Minors by Motor Vehicle:

  1. Program Administrators must be notified of all transportation activities to initiate standard travel procedures
  2. Minors must never be transported without written permission from a parent/guardian in the form of a Release of Liability associated with the Program
  3. Drivers must be in compliance with the University’s Transportation and Vehicle Use Policy

Third-Party Contractor Requirements

Contracts with non-University organizations bringing Minors to the campus for an overnight stay or for consecutive days (or longer) visits must include the following provisions:

  1. Language making it clear that the non-University organization has been provided with a copy of or link to this Policy and will abide by the requirements contained within, along with a notification that failure to abide by the Policy may constitute grounds for termination of the activity
  2. An indemnification clause in which the non-University organization agrees to indemnify the University for claims, lawsuits, or other actions that arise as a result of the non-University organization’s use of campus facilities
  3. General Liability insurance limits of $2 million per occurrence and $2 million aggregate with the University shown as additional insured
  4. Sexual Misconduct (also known as Abuse and Molestation) Liability insurance with limits of $2 million per occurrence and $2 million aggregate with the University shown as additional insurance is required