91¶ÌÊÓƵ Policy 3014

Minors on Campus

  • Responsible Oversight Executive:ÌýVice President for Administration and Finance
  • Date of Current Revision or Creation:ÌýMay 3, 2019
  • Download Policy PDF

The purpose of this policy is to minimize the risk of harm to minors, to limit the potential liability of the 91¶ÌÊÓƵ, its faculty, staff and students, and to establish compliance with Virginia Code Section 63.2-1509 requiring persons employed by an institution of higher education to report certain injuries to children (minors). As such, this policy establishes guidelines for the appropriate supervision of minors who are involved in 91¶ÌÊÓƵ-sponsored programs held at the 91¶ÌÊÓƵ or other locations controlled by the 91¶ÌÊÓƵ as defined by the Clery Act. This policy also establishes guidelines for minors in the classroom and the workplace in order to minimize potential liability to the 91¶ÌÊÓƵ, risk of harm to minors, and decreased employee productivity due to distractions and disruptions.

- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), originally signed in 1990, requires colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information and implements regulations in theÌý.

, grants authority to the Board of Visitors to make rules and policies concerning the institution. Section 6.01(a)(6) of theÌýBoard of Visitors BylawsÌýgrants authority to the President to implement the policies and procedures of the Board relating to 91¶ÌÊÓƵ operations.

Ìýallows a state agency to require criminal background checks for persons in sensitive areas.

, provides the definition of an abused or neglected child.

, requires that certain injuries to children be reported by physicians, teachers, etc., including any person employed by a public or private institution of higher education.

, provides guidelines for an efficient and consistent competitive hiring process that promotes equal employment opportunity and a highly effective workforce.

Presidential Policy Directive 21Ìýin conjunction withÌýDOJ Memorandum January 30, 2016 on Use of National Crime Information Center, establishes the national policy on critical infrastructure security and resilience and led to the DOJ establishing visitor screening policies and procedures for critical infrastructure and operations.

Abuse or Neglect of a MinorÌý- Has the same meaning as defined inÌý.

Authorized AdultÌý- A designation given to any person over the age of 18 who has completed theÌýAuthorized Adult Information and Disclosure Form, the Authorized Adult on-line training program and cleared a criminal and sex offender background check authorizing them to assume child welfare responsibilities over minors.

Child WelfareÌý- Child welfare as used in this policy means ensuring that children are safe from both physical and emotional abuse and/or neglect.

Criminal Background CheckÌý- A report that includes criminal felony and misdemeanor court records searches based on social security trace, a national sex offender registry search, as well as other appropriate sources of background information. For this policy it also refers to a background check using an FBI approved system to query the NCIC database.

Independent ContractorÌý- As used in this policy, independent contractor refers to those non-university related individuals contracted as youth program staff or outside organizations contracted to produce and manage youth programs for the benefit of the 91¶ÌÊÓƵ.

Mandated ReporterÌý- UnderÌý, youth program staff (excluding students), 91¶ÌÊÓƵ employees and volunteers are mandated reporters should they become aware of child abuse or neglect. See "Youth Program Staff" defined below.

MinorÌý- A person under the age of 18 who is not enrolled or accepted for enrollment in credit-granting courses at the 91¶ÌÊÓƵ. Students dually enrolled in 91¶ÌÊÓƵ credit-granting courses while also enrolled in elementary, middle or high school courses are not included in this policy unless such enrollment includes overnight housing in 91¶ÌÊÓƵ facilities.

±Ê²¹°ù³Ù¾±³¦¾±±è²¹²Ô³ÙÌý- A minor enrolled in or attending a youth program.

Sponsoring UnitÌý- The academic or administrative unit of the 91¶ÌÊÓƵ that offers a youth program or gives approval for housing or use of facilities pursuant toÌý91¶ÌÊÓƵ 3200, Use of Facilities and Grounds.

Student Support StaffÌý- Those ODU students in unpaid support roles within youth programs not having child welfare responsibilities over participants. See definition of "Youth Program Staff" for paid student employees.

91¶ÌÊÓƵ FacilitiesÌý- Buildings, structures, and parking lots owned or leased by the 91¶ÌÊÓƵ.

³Õ´Ç±ô³Ü²Ô³Ù±ð±ð°ù²õÌý- Individuals who offer their service in support of a youth program without compensation (not including student volunteers). Current 91¶ÌÊÓƵ employees may volunteer services when they are not the same type of duties for which the 91¶ÌÊÓƵ employs the individual and are freely given without pressure from the 91¶ÌÊÓƵ.

Youth ProgramÌý- An event or activity attended by minors offered by the 91¶ÌÊÓƵ, or by non-91¶ÌÊÓƵ groups or organizations on 91¶ÌÊÓƵ-owned or controlled property, during which program staff have child welfare responsibilities over minors. This includes, but is not limited to, on campus and off-campus workshops, services, camps, conferences, campus visits, internships, projects, and similar activities. For this policy, youth programs do not include (a) events on campus open to the general public that minors attend at the sole discretion of their parents or guardian; (b) events where parents or guardians are explicitly required to accompany their children; and (c) programs where minors may be involved in 91¶ÌÊÓƵ research as approved by the Institutional Review Board for human subject research.

Youth Programs CoordinatorÌý- An individual designated by the 91¶ÌÊÓƵ to develop procedures to implement this policy and best practices for the protection of minors involved in 91¶ÌÊÓƵ sponsored activities involving minors, and to provide coordination, training, and monitoring in order to promote the effective implementation of this policy.

Youth Program DirectorÌý- The person(s) designated as an authorized adult having primary and direct operational responsibility for participant child welfare, the oversight and management of a program, its youth program staff, and student support staff.

Youth Program StaffÌý- Those individuals who have been cleared by the youth program coordinator, being 18 years of age or older, who interact with, supervise, chaperone, or otherwise oversee minors in activities that are part of a program as defined above. This includes, but is not limited to, employees, volunteers, interns, paid student employees, graduate assistants and independent contractors. For this policy, ODU students in unpaid support roles within programs are not considered program staff.

This policy applies to all Old Dominion 91¶ÌÊÓƵ employees, students, volunteers, affiliated organizations and their employees, independent contractors and their employees, visitors and external organizations that interact with minors in 91¶ÌÊÓƵ-run or sponsored youth programs or activities on 91¶ÌÊÓƵ owned or controlled property. Employees include all staff, administrators, faculty, full- or part-time, and classified or non-classified persons who are paid by the 91¶ÌÊÓƵ. Students include all persons admitted to the 91¶ÌÊÓƵ who have not completed a program of study for which they were enrolled; student status continues whether or not the 91¶ÌÊÓƵ's programs are in session. Affiliated organizations are separate entities that exist for the benefit of the 91¶ÌÊÓƵ through an operating agreement and include the Foundations, the Community Development Corporation, and the Alumni Association. Visitors include vendors and their employees, parents of students, volunteers, guests, uninvited guests, unaffiliated organizations, employees, guests and volunteers of unaffiliated organizations, and all other persons located on property owned, leased, or otherwise controlled by the 91¶ÌÊÓƵ. This policy does not apply when the 91¶ÌÊÓƵ is an invitee of another organization.

Old Dominion 91¶ÌÊÓƵ is committed to the safety of all individuals in its community. The 91¶ÌÊÓƵ has particular concern for minors and those who are potentially vulnerable and require special attention and protection. This policy establishes guidelines for those in the 91¶ÌÊÓƵ community who may work or interact with minors with the goal of promoting the safety and wellbeing thereof.

In addition, Old Dominion 91¶ÌÊÓƵ believes in an environment that is conducive to work; therefore, the workplace shall not be used in lieu of childcare. Office and work space is not designed with the safety of minors in mind. There are safety hazards and possible 91¶ÌÊÓƵ and supervisory liability in the event of accident or injury. Although the 91¶ÌÊÓƵ strives to be a family-friendly environment, it is not appropriate to bring minors to work as a substitute for arranging for regular childcare while at work.

Minor children and family members are welcome during 91¶ÌÊÓƵ-sponsored events intended for children, families or community participation.

  1. Youth Program Staffing, Conduct and Other Requirements

    Youth program staff are required to comply with all applicable laws, 91¶ÌÊÓƵ policies and guidelines established in theÌýMinors on Campus Program Manual. Youth program staff younger than 18 years of age may be employed or volunteer if all 91¶ÌÊÓƵ and Federal laws are followed, however, they must not have sole or unsupervised custodial care of a minor.

    Youth program directors must ensure that youth program staff who will be responsible for child welfare of minors have received the Authorized Adult designation prior to their employment/volunteering in the youth program. Copies of training records for all authorized adults must be forwarded to and retained by the Youth Program Coordinator.

    Youth programs offered by non-91¶ÌÊÓƵ groups or organizations holding events on 91¶ÌÊÓƵ property or that use 91¶ÌÊÓƵ facilities must ensure that their youth program staff who have child welfare responsibility over minors (and anyone who supervises youth program staff) will comply with theÌýMinors on Campus Program Manual.

    The guidelines established in theÌýMinors on Campus Program ManualÌýfor training, conduct, and other program requirements must be followed.

  2. Criminal Background Checks

    Criminal background checks are required for all youth program staff with child welfare responsibilities of minor participants. This requirement applies for 91¶ÌÊÓƵ and non-91¶ÌÊÓƵ groups. The guidelines established in theÌýMinors on Campus Program ManualÌýfor criminal background checks must be followed.

  3. Insurance Requirements for Non-91¶ÌÊÓƵ Groups or Organizations

    Non-91¶ÌÊÓƵ groups or organizations must provide a certificate of insurance evidencing general liability insurance in the requisite amount and coverage in accordance with the guidelines established in theÌýMinors on Campus Program Manual.

  4. Reporting Suspected Abuse and Neglect

    All 91¶ÌÊÓƵ employees and youth program staff must immediately report suspected instances of abuse or neglect of any person under 18 years of age to the Virginia Child Abuse and Neglect Hotline, 800-552-7096, as well as to their supervisor and/or 91¶ÌÊÓƵ Police in accordance with the guidelines established in theÌýMinors on Campus Program Manual. Failure to report may expose individuals to criminal sanctions underÌý.

  5. Minors in the Workplace and Classrooms

    1. There may be occasions when brief visits to the workplace by minors are necessary. These visits are at the supervisor's discretion and the employee should receive prior permission before bringing a minor to the workplace. In these circumstances, minors will be the responsibility of the employee while in the workplace.

    2. Supervisors may make an exception for a temporary, unforeseen emergency, but no employee may have a minor in the workplace without the supervisor's permission or use the workplace as an alternative to childcare or for any other purpose. As necessary, supervisors may grant leave or flexible hours, at their discretion, in order for employees to deal with emergency or unforeseen circumstances.

    3. Employees and supervisors must consider issues of safety, confidentiality, disruption of operations, disruption of services, disruption to other employees, appropriateness and liability posed by the presence of the minors in the workplace.

      1. Unsupervised minors are not allowed into an area that is potentially hazardous.

      2. Minors exhibiting symptoms of potentially contagious illnesses are not to be brought into the workplace.

    4. Department chairs may make exceptions to allow a faculty member or teaching assistant to bring his or her child to class.

    5. Faculty members and teaching assistants may grant students permission to bring their minor children to class in accordance with the policy onÌý.

    6. Faculty members, teaching assistants and staff may grant students permission to bring their minor children to appointments or meetings.

Applicable records must be retained and then destroyed in accordance with theÌý.

Ìý

Director of Risk Management

Policy History

Policy Formulation Committee (PFC) & Responsible Officer Approval to Proceed:

/s/ÌýRobert Wells


Responsible Officer


April 29, 2019


Date


Policy Review Committee (PRC) Approval to Proceed:

/s/ÌýDonna W. Meeks


Chair, Policy Review Committee (PRC)


July 24, 2018


Date


Executive Policy Review Committee (EPRC) Approval to Proceed:

/s/ÌýGregory DuBois


Responsible Oversight Executive


May 3, 2019


Date


91¶ÌÊÓƵ Counsel Approval to Proceed:

/s/ÌýR. Earl Nance


91¶ÌÊÓƵ Counsel


April 29, 2019


Date


Presidential Approval:

/s/ÌýJohn R. Broderick


President


May 3, 2019


Date

Previous Revisions: May 3, 2019

Scheduled Review Date: May 2, 2024