Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement
and purpose
(1)
As part of its educational mission. Bowling Green state
university (BGSU) sponsors many programs and activities that are specifically
for minor children or in which minor children participate. The university also
makes its facilities available to outside groups and organizations that conduct
programs directed towards or that include minor children. BGSU is committed to
providing a safe environment for all members of the university community as
well as all those who participate in programs and activities on campus or who
use or visit campus facilities. Because minor children are a particularly
vulnerable population, this policy has been adopted to address the special
concerns when minor children participate in university sponsored activities or
other activities utilizing university facilities.
While the primary purpose of this
policy is to protect minor children, adherence to this policy will also serve
to protect members of the university community and other adults participating
in programs involving minors from false allegations of abuse.
In addition to the requirements of this
policy, employees and volunteers must adhere to obligations that may be imposed
by applicable law, including but not limited to the Revise code sections
2151.421 and
2921.22 of the Revise code.
(B)
Policy definitions
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Care, custody, or
control
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When an adult(s) is present and
has primary responsibility for supervision of minors at any given point
throughout activity or program with minors. At least one adult must have care,
custody, or control of minors at all times during covered
programs.
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Covered programs
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Any: (1) event, operation, or
endeavor operated, conducted, or organized by the university or by a
third-party contracto, (2) that includes minors, and (3) during which parents
or guardians are not expected to be responsible for the care, custody, or
control of the minors.
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Minor
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Any participant in a covered
program who is under the age of eighteen. This does not include persons under
the age of eighteen who are enrolled for academic credit or have been accepted
for enrollment.
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One-on-One
interactions
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An intentional or purposeful
interaction when one individual to whom the policy applies is alone with one
minor.
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Sponsoring entity
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The entity offering the covered
program. For programs offered by the university, the academic or administrative
unit or registered student organization offering the program. For programs
offered by third-party contractors, the organization or person that is
contracting for the use of university facilities.
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Third-Party
contractor
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A non-university entity
contracting the use of university facilities to host events involving
minors.
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University
facilities
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Facilities owned by, or under
control of, the university.
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(C)
Policy scope
(1)
This policy
applies to university programs and activities specifically designed for
participation by minors, and all participants, employees, students, and
volunteers who exercise direct supervision, chaperone, or otherwise oversee
minors in the course of their duties in covered programs. This includes, but is
not limited to:
(a)
Activities and programs with minors the university
operates on campus or in university facilities, including but not limited to
overnight camps, licensed childcare facilities, instructional programs, day
camps, academic camps, and sports camps.
(b)
Activities and
programs with minors the university operates that do not take place on campus,
including but not limited to outreach and community service
activities.
(c)
Activities and programs with minors operated,
conducted, or organized by third-party contractors which take place on campus
or in university facilities.
(2)
This policy does
not apply to:
(a)
Undergraduate and graduate academic programs in which
individuals under the age of eighteen are enrolled for academic credit or who
have been accepted for enrollment.
(b)
Events on campus
open to the general public, which minors attend, but the university is not
accepting care, custody, or control for the minor.
(c)
Enrolled BGSU
students when hosting high school students, including prospective athletes,
participating in pre-enrollment visitation.
(d)
Institutional
review board (IRB)-approved research.
(e)
Minors working
for the university as employees or interns.
(f)
Employees or
volunteers who may have incidental contact with minors but do not work directly
with minors within a program or activity.
(g)
Covered programs
granted a specific exemption from part or all of the policy in advance of the
event taking place, after a written request has been reviewed and approved by
the exemption committee consisting of human resources, general counsel, and
risk management.
(3)
BGSU expects
parents or guardians to provide supervision over minors on campus unless the
minors are involved in a covered program. Parents or guardians should not leave
minors unsupervised on university property.
(D)
Policy
requirements
The following requirements govern
participation in covered programs. Details for each can be found in the
procedures section.
(1)
All covered programs must be registered with conference
and event services.
(2)
Those working in activities and programs with minors
who witness child abuse or neglect, or have information that would lead a
reasonable person to believe a minor faces a substantial threat of such abuse
or neglect, must follow reporting procedures.
(3)
Background checks
must be completed on employees, students, and volunteers before working in
covered programs and thereafter at the frequency specified in the procedure
below.
(4)
Sponsoring entities must ensure that individuals
working in covered programs complete annual training on child abuse awareness,
prevention, and reporting.
(5)
Sponsoring
entities must collect, at a minimum, a medical history, consent for emergency
medical treatment, and a liability waiver for each minor participant in a
covered program.
(6)
Sponsoring entities must ensure appropriate supervision
of minors in covered programs.
(7)
Employees,
students, and volunteers must adhere to the standards of behaviors set forth in
this policy.
(8)
If an exemption from specific policy requirements is
desired, a written request must be submitted using the exemption
process.
(9)
Sponsoring entities and individuals must cooperate with
investigations should they occur.
(10)
Records must be
kept consistent with this policy and the university records retention
schedule.
(E)
Violation and accountability
Individuals, entities, programs or
units that violate this policy will be held accountable for their actions under
the applicable program's standards of behavior and expectations, university
policies and rules, and applicable law, including but not limited
to:
(1)
Volunteers are subject to reprimand or loss of volunteer
status.
(2)
Students are subject to the student code of
conduct.
(3)
Under the employee handbook or collective bargaining
agreement applicable to them, employees, including student employees, who fail
to comply with this policy, are subject to disciplinary action up to and
including termination.
(4)
Suspension or termination of the use of university
facilities for a program or activity.
(5)
Criminal
investigation and prosecution.
(F)
Procedures
(1)
Registration
(a)
Sponsoring entities must register each covered program in
the programs and activities with minor participants registration system hosted
by conference and event services.
(i)
Registration is requested at least thirty days before a
scheduled event; however registration is required before the start of any
covered program.
(ii)
Covered programs hosted by third-party contractors must
be registered by the university entity facilitating the
contract.
(2)
Reporting
(a)
"If you see
something, say something"
(i)
Every member of the university community has an
obligation to report immediately abuse or suspected abuse or any other
inappropriate interactions with minors to the BGSU police department or to the
law enforcement agency having jurisdiction where the abuse is suspected to have
occurred, and to the program director.
(ii)
This includes
information about suspected abuse, neglect, or inadequate care provided by a
parent, guardian, or custodian/caretaker.
(b)
Every member has
a further obligation under Ohio law to make a report to the director of the
department of social services in the county where the minor resides or is
found.
Contact the BGSU police department at 419.372.2346 or the
Erie county sheriffs department at 419.625.7951 on the Firelands campus for
assistance with reporting requirements.
(c)
No member making
a good faith report of suspected abuse or neglect will be retaliated against in
the terms and conditions of employment or educational programs or
activities.
(3)
Background checks
(a)
The requirements
for background checks under this policy are separate and distinct from those
addressed in pre-employment background check policy. Background checks must be
conducted on all employees, students, and volunteers working in activities and
programs with minor participants as follows:
(i)
Any employee,
student, or volunteer working in activities and programs with minors, who is
likely to have responsibility for the care, custody, or control of a minor as
part of that activity or program, must have an Ohio bureau of criminal
investigation (BCI) fingerprint background check completed before activity or
program with minors begins.
(ii)
Individuals
required to be background checked who have not lived in Ohio for five
consecutive years must have both a BCI and a federal bureau of investigation
(FBI) check.
(iii)
Individuals required to be background checked who have
a break in service longer than twelve months must have a new BCI and/or FBI
background check before working in activities and programs with
minors.
(iv)
A BCI check must be completed every four years to
remain eligible to work in activities and programs with minors.
Covered programs may perform background checks on applicable
individuals more frequently, and must do so if required by law.
(b)
Parental consent must be given for the background check
in the case of an individual under the age of eighteen requiring a check,
unless the individual is a registered student.
(c)
Background checks
performed by a third party service, including those required at the time of
hire for university employees, is insufficient for individuals requiring a
background check under this policy.
(d)
Authorized adults
are required to notify human resources in writing within three business days of
any charge or conviction.
(4)
Training
(a)
Sponsoring
entities must ensure all employees, students, and volunteers are trained
annually before they work in activities and programs with
minors.
(b)
Training content must include at a minimum the
following topics:
(i)
Child abuse awareness and prevention
(ii)
Reporting
suspected child abuse and neglect
(iii)
All
requirements in this policy
(c)
Sponsoring
entities, including third party contractors, may develop their own training
program as long as it includes the above requirements at a minimum. A link to a
training module which meets this requirement is available on the programs and
activities with minor participants website hosted by the office of human
resources.
(5)
Supervision of minors
(a)
The number of
supervisors required shall be determined by taking into account all aspects of
the covered program, including but not limited to the number and age of
participants, the activity(ies) involved, whether housing or travel is
involved, and the age and experience of the authorized adults.
(b)
One-on-one
contact with minors is prohibited, except in music programs involving private
instruction, clinical programs, or similar programs in which the parent or
guardian of the minor has been informed of the one-on-one instruction, been
given the option to be present and has given written consent to the one-on-one
contact.
(i)
Except where clinical requirements necessitate it, one-on-one interactions with
minors should take place in a room or other space that is in full view from
outside the room even when the door is closed.
(ii)
This prohibition
does not extend to situations in which an authorized adult is actually
transporting minors in university owned, rented, or leased vehicles from one
program activity to another, provided that the driver is never alone with any
minor and is transporting not less than two passengers.
(iii)
For all other
activities, there must be at least two adults, at least one whom is an
authorized adult, present for all activities in which minors are
present.
(iv)
The prohibition against one-on-one contact extends to
all interactions and communications, including those by telephone, mail, email,
texting, or any other means or medium. Any communication by an authorized adult
with a minor shall include a second adult or the parent or guardian of the
minor as a party to the communication.
(v)
Adults shall not
be alone in vehicles with minor participants other than their own
child.
(c)
Sponsoring entities shall establish a procedure for
checking minors in and out of the program. Minor participants shall not be
allowed to leave the program except in the company of their parent(s), legal
guardian(s), or someone authorized in writing by the same.
(d)
When overnight
supervision is required:
(i)
No adult may enter a minor's room, bathroom facility,
or similar area unless accompanied by another adult and one is an authorized
adult.
(ii)
Separate accommodations for adults and minors are
required other than the minors' parents or guardians.
(6)
Standards of behavior
(a)
Adults working
in covered programs must comply with these standards. By working in a covered
program, adults agree to:
(i)
Conduct themselves in a courteous and respectful
manner, exhibit good sportsmanship, and be a positive role model for
minors.
(ii)
Respect, adhere to, and enforce the rules, policies,
and guidelines established by the activity or program, this policy, and the
university.
(iii)
Refrain from engaging in any criminal
activity.
(iv)
Not intentionally or purposefully place themselves in a
one-on-one situation with a minor.
(v)
Not, under any
circumstances, physically, sexually, verbally, or emotionally abuse or fail to
provide the basic necessities of care applicable to the activity or program to
minor participants.
(vi)
Not engage or communicate with minors through email,
text messages, social networking websites, internet chat rooms, or other forms
of social media at any time except and unless there is an educational or
programmatic purpose and the content of the communication is consistent with
the mission of the program and the university.
(7)
Exemption process
Requests for exemptions from this policy must be made in
writing to the office of human resources. Requests for exemptions will be
reviewed by the exemption committee consisting of human resources, general
counsel, and risk management. Because of the nature of this policy, very few
exemptions will be granted.
(8)
Investigations
Investigations of allegations of child abuse or neglect will
be conducted in accordance with the investigatory protocols of children service
agencies, local law enforcement agencies, and the university.
(9)
Third-party contractors
(a)
Non-university entities engaging in programs or
activities with minor participants utilizing university facilities shall
execute the appropriate facility contract.
(b)
Third-party
contractors are required to meet the intent of this policy as a term of the
facility contract, including background checks and training.
(c)
The facility
owner executing the contract is responsible for registering third-party covered
programs, and ensuring the intent of this policy is met.
(10)
Additional information regarding this policy, including details on program
registration, training resources, and requesting an exemption, can be found on
the programs and activities with minor participants page on the office of human
resources website.
