Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement
and purpose
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 sections
2151.421 and
2921.22 of the Revised
Code.
(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 risk
management.
(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
Sponsoring entities must register each
covered program in the programs and activities with minor participants'
registration system.
(a)
Registration is requested at least thirty days before a
scheduled event; however registration is required before the start of any
covered program.
(b)
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 sheriff's 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 resourcesrisk management 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' webpage on the risk management
website.
(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
Adults working in covered programs must
comply with these standards. By working in a covered program, adults agree
to:
(a)
Conduct themselves in a courteous and respectful manner,
exhibit good sportsmanship, and be a positive role model for
minors.
(b)
Respect, adhere to, and enforce the rules, policies,
and guidelines established by the activity or program, this policy, and the
university.
(c)
Refrain from engaging in any criminal activity. Not
intentionally or purposefully place themselves in a one-on-one situation with a
minor.
(d)
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.
(e)
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 risk management. 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 metcontractor is aware of this policy.
(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 risk management website.
Replaces: 3341-5-31
