History: First Issued: April 12, 2016.
Faculty/Staff Resource Website
Contact: Vice Chancellor and General Counsel (919-515-3071) Vice Chancellor and Dean of Academic and Student Affairs (919-515-2446)
1. PURPOSE AND SCOPE
NC State welcomes the presence of minors who come to the university for limited periods of time to visit the university and to participate in its educational, enrichment, and athletic programs and activities. This regulation sets forth standards and procedures designed to provide a safe environment for minors and to permit these visits to be carried out in a safe and responsible manner.
This regulation establishes the requirements for all University-sponsored or affiliated activities, events, or programs (“Programs”) that involve the participation of minors must adhere to when providing these programs. Failure to comply with the requirements set forth in this regulation may lead to disciplinary action and or revocation of the opportunity to use university facilities.
2.1 A “minor” means any person under the age of 18 who is not enrolled or accepted for enrollment at NC State.
2.2 “Program(s)” means any University-sponsored or affiliated activity, event, or program in which minors will be participating. Examples of Programs include workshops, camps, and group visits. Programs do not include: (1) performances or events open to the general public and which minors typically attend escorted by and/or under the supervision of their parents or legal guardian (such as athletic competitions, plays, concerts, open houses, lectures, or speaker events); (2) minors who work, volunteer, or serve in laboratories or internship programs under the supervision of a NC State employee; (3) visits and tours for prospective students organized by the Office of Admissions; or (4) visits by minors, including overnight stays in University Housing facilities, by candidates for admission, prospective student-athletes, or siblings of enrolled students; provided however that all such visitors shall be subject to the Code of Student Conduct, and (5) other similar ongoing programs as may be designated from time to time by the Provost or Vice Chancellor and Dean of Academic and Student Affairs and determined to be exempt from this regulation.
3. REQUIREMENTS AND PROCEDURES
All Programs must be reviewed and approved by the appropriate dean or vice chancellor, or his or her designee, having supervisory authority over the Program at least ninety (90) days prior to the first scheduled date of participation by minors.
3.2.1 All Programs shall, at least ten (10) days prior to the first scheduled date of participation by minors, register such Program with the Office of Enrollment Management and Services (“EMAS”) on the Faculty/Staff Resource Website. Registration shall be on forms approved and prepared by EMAS and shall require, at a minimum, information on the person in charge of the Program, the dates and locations where minors will be participating, the dean or vice chancellor having supervisory authority over the Program, the general nature of the activities to be undertaken, and the administrative requirements associated with the Program, including whether waivers, permission slips, and medical emergency forms have been or will be obtained from the parents/guardians of participating minors.
3.2.2 Any requests for clarification as to whether a particular Program is subject to this regulation, or a request for a waiver to this regulation, should also be sent to EMAS with a copy to the Office of General Counsel.
3.3 Risk Management
3.3.1 Written Agreements
Programs are responsible for collecting contact information for the parent/legal guardian of every minor participating in the Program, as well as for providing the parent/legal guardian with information on how to reach his or her minor in the event of an emergency. Programs shall have each minor and his/her parent/guardian execute a University Participation Agreement (waiver). Each Program is responsible for maintaining the executed Agreements in accordance with the university’s record retention schedule.
3.3.2 Background Checks
Programs are responsible for conducting the following background checks according to the following:
a. Criminal Background Checks
(1) Consistent with REG 05.55.08 – Background Checks, Programs must conduct a criminal background check on all new employees and volunteers who work with, interact, instruct or otherwise directly supervise minors. Current employees who assume new duties that cause them to work with, interact, instruct, or directly supervise minors (when they previously did not) are also subject to background checks.
(2) Background checks must be completed and evaluated prior to the volunteer or employee beginning work with minors. All background checks related to the Programs shall be conducted by the Department of Human Resources or a contractor acting under its direction. At a minimum, Programs must conduct criminal background checks on returning volunteers at least every two (2) years.
(3) If a background check reveals adverse information or unfavorable results, the university will conduct an individualized assessment using criteria designed to identify potential risk to minors. A prior conviction shall not automatically disqualify a person from participating in a Program.
b. Reference Checks
Programs must also conduct reference checks, consisting of at least three (3) references, for all volunteers. Programs may require that at least one reference be a family member/guardian of the volunteer.
c. Student Conduct Checks
Each University student working at a Program must have successfully completed a check through the university’s Office of Student Conduct within the past six (6) months. Successful completion of a Student Conduct Check means that generally a student must have no Code of Student Conduct violations or been charged with any serious violations within the past six months.
d. Driving Record Checks
Driving record checks must be conducted on all employees or volunteers that will be required to drive or transport minors as a regular part of their Program responsibilities or duties.
Programs must provide mandatory annual training to all Program employees and volunteers. At a minimum, training must include:
· Applicable University policies, procedures, and rules, including this regulation;
· Behavioral expectations, including appropriate conduct when working with minors and related staff codes of conduct;
· Risk management best practices, procedures, and guidelines for all Program activities;
· Supervision plan for adequate supervision in light of the number and average age of the participants, the Program activities, and whether overnight stays are involved;
· Emergency planning, including for medical, severe weather, and other public safety emergencies;
· Basic warning signs of abuse or neglect of minors;
· Guidelines for protecting minors from emotional and physical abuse and neglect;
· Requirements and procedures for reporting incidents of suspected abuse or neglect or improper conduct;
· Other appropriate relevant or appropriate topics related to the Program
Training may be expanded depending upon the Program and the employee or volunteer’s role in the Program. Training must be documented by the Programs, and Programs shall certify that that all employees and volunteers received such training.
4. REPORTING ALLEGATIONS OF INAPPROPRIATE BEHAVIOR
4.1 Program employees and volunteers, as well as every member of the university community, must immediately report instances, suspected instances, or allegations of the abuse of or inappropriate behavior with minors to University Police and to his/her supervisor, Program director, dean or vice chancellor. This duty and obligation includes information about suspected abuse, neglect, or inadequate care provided by a parent, guardian, or custodian/caretaker. No individuals making a good faith report of suspected abuse or neglect will be retaliated against in the terms and conditions of employment or participation in the educational program.
4.2 Programs shall discontinue any further employee or volunteer participation when an allegation of inappropriate conduct has been made against him or her, until such allegation has been satisfactorily resolved or disciplinary action is taken.
5. NON-UNIVERSITY ORGANIZATIONS AND ENTITIES
Unless such Program is determined to be exempt from this policy, all non-university organizations and entities that operate activities, events, or programs involving the participation of minors on University-owned property must conduct criminal background checks of their employees, volunteers, and representatives that meet University standards. The University may request any additional information it deems necessary to meet the requirements of this Policy. Non-university organizations that use University facilities shall be required to execute and deliver a Facilities Use Agreement, Conference Services Agreement, or other agreement prior to use of these facilities. University agreements with non-university organizations and entities that operate activities, events, and programs, on campus that involve the participation of minors shall reflect these requirements.