1.19 Protection of Minors

PURPOSE

Illinois State University is committed to ensuring a safe and secure environment when University faculty, staff, and students have direct contact with minors. The purpose of this policy is to ensure that minors are provided appropriate treatment and protections when: 

• participating in programs and/or activities being held on property owned or controlled by Illinois State University, or
• agents/representatives of the University including but not limited to employees, students and/or volunteers have direct contact with minors.

The policy provides the following: 

1. Articulates requirements of administrators, faculty, staff, students, volunteers, and others who interact with minors as defined above including: 
   1. Reporting requirements
   2. Training requirements
   3. Expectations for interacting with minors
   4. Program registration, criminal background check, and other planning protocols
2. Informs all members of the university community of their obligation to report any instances of violation of the Minors Policy requirements and/or known or suspected abuse or neglect of minors.
3. Establishes the Minors Activity Compliance Committee which is charged with reviewing University programs/activities involving minors including: 
   1. A framework for identifying whether a program/activity must be reviewed by the Minors Activity Compliance Committee.
   2. Guidelines for the Minors Activity Compliance Committee to use when reviewing proposed programs/activities.
   3. Criteria for the Minors Activity Compliance Committee to use when determining what precautions are necessary (e.g., training, background check, emergency planning, etc.) prior to employees, students, or volunteers representing the University in a program/activity involving minors.

DEFINITIONS

For purposes of this policy, the following definitions are used: 

1. Minor: an individual under 18 years of age who is not enrolled or accepted for enrollment at Illinois State University, including Laboratory School students. Enrolled and accepted University students are protected by other University policies.
2. Child Abuse or Neglect: defined by the Illinois Abused and Neglected Child Reporting Act to include physical abuse, sexual abuse, and neglect of minors.  More details can be found at the Illinois Department of Children and Families website at https://dcfs.illinois.gov/safe-kids/reporting.htmland in the University Mandated Reporter Training at https://equalopportunity.illinoisstate.edu/training/
3. University Affiliated Programs: all programs and activities affiliated with Illinois State University involving minors (whether for academic, educational, pre-collegiate, athletic, artistic, recreational, or other purposes) that are operated either (i) on campus or (ii) off campus under the direction and authority of the University. 
4. Outside Group/Third Party Program: programs of an individual or entity not affiliated with or under administrative control of Illinois State University that have a participant group made up, in whole or in part, of individuals under the age of 18.  These programs have contracted to use property owned or controlled by Illinois State University, and the third-party individual or entity assumes care, custody, and/or control of the minors and agrees contractually to follow the University policies and procedures including this policy. 
5. Sponsor (Program/Activity Sponsor): the individual representing an ISU department, college, administrative unit, professional school, or sponsored student organization who is charged with the operation of the program/activity involving minors.  The sponsor is responsible for overseeing and/or completing the program including minors' registration and compliance requirements.
6. Direct contact: shall be determined by the Office of Risk Management based on individual circumstances, and shall include but not be limited to:

1. 1. Direct interaction, care, supervision, guidance, and/or control of minors;
   2. Access to minors where one-on-one contact with minor is planned during the event;
   3. Authorized building access to facilities/property where minors are present (e.g., issued a key or similar access); or
   4. Unchaperoned time in facilities/property where minors are present. To be considered a chaperoned event, at least one chaperone must be an ISU employee who has undergone a successful background check, and who is present at all times during the event or activity.

A. PROVISIONS

All members of the University community are responsible for reviewing, understanding, and adhering to the Protection of Minors policy and any related University policies and/or procedures.

1. Reporting Requirements
   
   All University employees are required to complete crime and incident training and mandated reporter training upon initial hire and every three years thereafter and carry out reporting obligations as mandated by University Policy 5.2.1, Reporting Crimes, pursuant to state, local and federal law.  Newly hired employees are also required to sign an Acknowledgment of Mandated Reporter status.
   
   All University personnel who have reasonable cause to believe that a minor known to them in their professional or official University capacity may be an abused or neglected child is mandated to make a report.  Additional information on how to report is available at https://security.illinoisstate.edu/report/
   
   
2. University Volunteers
   
   Any University program or activity registered under this policy involving minors that utilizes volunteers will require the volunteers to complete an education program on expectations for working with minors and reporting obligations and sign an acknowledgment of completion.  If completing the training is impractical, an exception requiring the volunteers to sign an acknowledgment of the requirements for reporting an interaction with minors can be requested when submitting materials for review by the Minors Activities Compliance Committee.
   
   
3. Expectations for Interacting With Minors
   
   It is a professional expectation that program staff should interact with minor participant(s) only in their professional capacity related to the University-sponsored activity.  Communications between program staff and minor participants should include the minor's parent/guardian in official program communication including communications via social media, email or telephone.  It is understood that program staff live and work in our dynamic communities and may encounter minors in the context of the individual's personal relationships outside of the University.  However, program staff should not contact minor participants  as a University representative outside that individual's professional role. 
   
   
4. Program Registration
   
   Any individual/department desiring to conduct University programs and/or activities involving minors must register and receive written approval from the Minors Activity Compliance Committee  to conduct such programs/activities prior to the program and/or activity being offered/provided. The Minors Activity Compliance Committee will review the request to ensure that the proposed program/activity meets the requirements of University policies and procedures. Additional information on how to register a program/activity is available at protectionofminors@ilstu.edu . 
   
   Any University programs or activities involving minors will be supervised by at least one (1) adult affiliated (often the Program Sponsor) with the University who has successfully completed a criminal background check and an education program that explains the mandatory reporting requirement
   1. Minors Activity Compliance Committee
      
      The President (or designee) shall appoint a Minors Activity Compliance Committee charged with reviewing University programs/activities involving minors on or off campus.
      1. The Minors Activity Compliance Committee will ordinarily consist of representatives from Academic Affairs, University Police Department, General Counsel, Risk Management, Environmental Health and Safety, and the faculty. Representatives from other Vice-Presidential Areas or Athletics will join the Minors Activity Compliance Committee when the program/activity is in their area.
      2. The program/activity must be approved by the responsible administrator of the unit with which the Sponsor is affiliated.  Once this approval is confirmed, the Minors Activity Compliance Committee will review requests, determine whether the submitted description and documentation meet the requirements of this policy with respect to the protection of minors, and inform the Sponsor(s) of the necessary steps for their program/activity to proceed. The Minors Activity Compliance Committee may consult with other individuals with expertise relevant to any particular proposed program/activity and/or request further clarification or documentation as part of their review.
      3. The Minors Activity Compliance Committee may grant exceptions to the requirement of criminal background investigations.  See Background Check provision in this policy. 
         
         
   2. Background Check
      
      University agents/representatives, including but not limited to employees, students, volunteers, and vendors/contractors who have direct contact with minors in any University program/activity (including those in University Laboratory Schools), are required to complete and pass a successful criminal background check and online sex offender registry check prior to having direct contact with minors. See also University Policy 3.1.30, Criminal Background Investigation.  
      
      After program registration, exceptions to the requirement of background checks may be requested: 
      1. For guest speakers, visiting artists, and others who make brief or one-time contributions to programs/activities for minors and are compensated under the provisions of University Policy 7.1.39, Honorariums.
      2. For visiting individuals who can provide documentation of a successful background check conducted within the past 90 days.
      3. For events utilizing large numbers of volunteers recruited in a time frame that makes background checks run in advance impracticable and where the University will be able to provide on-the-spot checks using government issued identification. A positive result (“hit”) using this system will disqualify the individual from volunteering.
      4. For other reasons as explained by the organizing group.
         
         
      Requests for exceptions to the background check requirement shall be made to, and reviewed by, the Minors Activity Compliance Committee. All requests for exceptions and/or on-the-spot checks must be accompanied by documentation of the rationale and the safeguards put into place for the event, such as plans for medical emergencies, severe weather, or transportation. The Minors Activity Compliance Committee will consider requests for exceptions, and may suggest additional safeguards, on a case-by-case basis, consistent with the provisions of this policy. 
      
      Faculty, staff and students working with minors (or supervising such work) in schools, clinics, hospitals, and other external agencies are also expected to conform to the requirements of those institutions regarding background checks. 
      
      
   3. Exceptions to Registration Requirements
      1. The background check procedures conducted by Illinois State University and approved by the Minors Activity Compliance Committee, both of which are described below, are not required when:
         • Supervision during the event is provided by a parent/legal guardian of the minor; or
         • An individual is providing appropriate assistance to minors in the event of a medical or other emergency
      2. For purposes of this policy, University Affiliated Programs in the following categories are not subject to the registration requirements; 
         • Single events on campus (such as festivals, convocations, or athletic events) that are open to the public and to people of all age groups at which children may be present (typically with supervision); 
         • Campus tours or visits attended by prospective students who are minors; 
         • Illinois State University undergraduate or graduate programs to which minor students are admitted and enrolled on a full-time basis; or
         • Minors who are employed by Illinois State University, based on their protection by other university policies. 
      3. Any requests for other exceptions to this policy must be submitted in writing to the Minors Activity Compliance Committee in conjunction with the appropriate Vice-Presidential area.
         
         
   4. Compliance Monitoring and Review of Program
      
      It is a requirement of this policy that personnel have met the compliance prior to the first day of the scheduled event.  The University will conduct periodic monitoring and reviews of registered programs to assess compliance with this and other University policies and Protection of Minors policy guidelines.  Programs found to have violated the compliance elements of this policy may be subject to a delay in event start and/or removal of personnel from positions which include interaction and/or direct contact with minor(s).

B. ADDITIONAL REQUIREMENTS

1. Parental Consent
   
   The Program Sponsor responsible for planning or undertaking any University program or activity involving minors must ensure that prior written permission from a parent/legal guardian for the minor's participation in the program or activity has been obtained.  Faculty, staff and students working with minors (or supervising such work) in schools, clinics, hospitals, and other external agencies are also expected to conform to the requirements of those institutions. 
   
   
2. Research Involving Minors
   
   Research involving minors as human subjects may not be conducted without Illinois State University Institutional Review Board (IRB) approval.  Personnel implementing an approved IRB research protocol involving minors as human subjects, including students and volunteers, are subject to background checks required by this policy, and such personnel are required to complete the education program on crime and incident reporting, mandated reporting, sign a certification of completion and carry out reporting. All University employees are required to complete crime and incident training and mandated reporter training upon initial hire and upon an annual basis thereafter and carry out reporting obligations as mandated by University Policy 5.2.1., Reporting Crimes, pursuant to state, local and federal law.  Newly hired employees are also required to sign an Acknowledgment of Mandated Reporter status obligations as mandated by University policy and state and federal law.  The IRB oversees human subjects' protections.  Information on IRB policies and procedures is available at https://research.illinoisstate.edu/ethics/human-subjects/
   
   
3. Hazardous Areas
   
   Minors are ordinarily not permitted in potentially unsuitable or hazardous areas, defined as areas in which any of the following are present: potentially toxic or combustible chemicals, biohazards, recombinant DNA, radioactive materials, heavy equipment, open flame, animals, or other inherently dangerous activities or substances. Exceptions will be granted for employment or educational purposes with verification of the same safety training as is provided to all employees and students performing the same activities.
   
   All minors visiting hazardous areas must have parental/guardian consent and be advised of any hazards that exist in the area or specific facility.  Minors given physical access to a hazardous area must be under direct supervision of a background-checked ISU employee assigned to work in the hazardous area at all times.  Minors working in hazardous areas must complete all required safety training prior to the start of the event/activity. 
   
   
4. Transportation of Minors
   
   If transporting minors in a university-sponsored program/activity, more than one adult from the program/activity should be present in the vehicle, except when multiple minors will be in the vehicle at all times, through the transportation.  If it is not feasible to have more than one adult present prior to transporting a minor, the Program Sponsor should notify the minor's parent/guardian and receive permission to transport the student.  If it is not feasible to obtain advance permission or notify a parent/guardian prior to transporting the minor (Such as an emergency situation or when a parent/guardian cannot be contacted), the Program Sponsor should take all reasonable steps to ensure the safety of the student; within a reasonable period of time following transportation of a student, the Program Sponsor should document what actions were taken and notify their supervisor and the parent/guardian in a follow up communication.  Avoid using personal vehicles if possible. 
   
   
5. External Agency Requirements
   
   Faculty, staff, and students working with minors (or supervising such work) in schools, clinics, hospitals, and other external agencies are expected to conform to the requirements of those institutions. This provision includes, but is not limited to, individuals assigned to supervise or to engage in student-teaching in schools other than the University Lab Schools.

C. OUTSIDE GROUPS AND VENDORS

1. Outside Groups
   
   Outside groups using property owned or controlled by the University must agree in writing to conduct criminal background and sex offender registry checks of individuals who will have direct contact with minors, complete an education program on expectations for working with minors and reporting obligations, and release the University from liability.
   
   
2. Vendors
   
   Vendors who will be completing work at the University Laboratory Schools including Metcalf and University High School and any attached property or any other area the University deems necessary must follow all appropriate procedures regarding criminal background check and sex offender registry check.

D. Violations

1. Instances when a campus activity or program involves spontaneous/unplanned attendance by minors, or by adults who have not undergone a background check, when organizers in good faith did not anticipate such attendance, will not be considered violations of this policy.  Examples of such activities or programs where spontaneous/unplanned attendance might be reasonably expected include but are not limited to, arts and athletic events open to the public.  Nonetheless, it is a general expectation that faculty, staff and students representing the University shall comport themselves in a manner consistent with its commitment to providing a safe and secure environment to all, especially minors. 
   
   
2. If a University agent/representative, including but not limited to employees, students, volunteers, and vendor/contractors, is alleged to have engaged in inappropriate conduct with a minor, that individual should be directed to immediately discontinue all activities on University grounds or otherwise affiliated with the University that entail direct contact with minors until such allegation has been resolved.
   
   
3. All University agents/representatives, including but not limited to employees, students, and volunteers, are expected to cooperate in any internal or external investigation of possible threats to the safety or well-being of  minors.
   
   
4. Individuals who fail to comply with this policy or who have been found to have engaged in inappropriate conduct with a minor may be subject to sanction or discipline, up to and including termination for employees, dismissal for students, revocation of volunteer status, suspension or debarment for vendors, termination of use (current and future) of University owned or controlled property for outside groups, referral to law enforcement agencies, or other appropriate action.
   
   
5. Any individual who knowingly provides false information or makes a false report of wrongful conduct or a subsequent false report of retaliation may also be subject to disciplinary action, up to and including termination for employees, dismissal for students, suspension or debarment for vendors, revocation of volunteer status, termination of use (current and future) of University owned or controlled property for outside groups, and any other appropriate action.
   
   
6. In accordance with the University Whistleblower Policy (1.15), any member of the ISU community who believes that they are the subject of retaliation or reprisal should contact the appropriate office as designated in the Whistleblower Policy.