Current through all regulations passed and filed through December 16, 2024
(A)
Policy statement. It is the policy of Kent state
university that these measures and procedures are implemented for the
protection of minors participating in programs that occur on its campuses and
programs under the control or direction of the university personnel. The
purpose of this policy is to describe the requirements placed on university
personnel and other authorized adults working with minors to ensure their
protection and to fulfill the university's obligations as mandated by law and
to provide for the best possible experience for any minor visiting our campuses
for a covered program.
(B)
Definitions.
(1)
Minors. For the purposes of this policy, a "minor" is a
person under the age of eighteen who is participating in programs that occur on
Kent state university campuses and programs under the control or direction of
the university personnel but is not enrolled or accepted for enrollment in
credit-bearing courses at the university.
(2)
Authorized adult.
For the purposes of this policy, an "authorized adult" means any individual,
paid or unpaid, who interacts with, supervises, chaperones, accompanies or
otherwise oversees minors at Kent state university sponsored programs,
affiliated activities, camps and/or residential facilities. This includes but
is not limited to faculty, staff, volunteers, graduate and undergraduate
students, interns, employees of temporary employment agencies and independent
contractors and consultants.
(3)
Parent(s) and/or
legal guardian(s). Although a parent and/or legal guardian may supervise their
own minor children and their guest who are minors while visiting the campus or
using campus facilities, a parent and/or legal guardian may not act as an
authorized adult in a program (including one in which his or her minor
participates) unless they are in compliance with the requirements outlined
under this policy.
(4)
Program administrator. For the purposes of this policy,
a "program administrator" is a university individual or contractor approved and
designated by the appropriate authority designated to coordinate, plan,
implement and or commit the use of university facilities for the
program.
(5)
Covered program. For the purposes of this policy, a
"covered program" is any university-sponsored day camp, overnight camp,
university recruiting camp or any other university-sponsored program or
activity that serves or includes minors taking place on campus or university
sponsored activities taking place off campus.
For the purposes of this policy, a covered program does not
include a program where the university is acting as host to a third-party,
herein referred to as a "university-hosted" program. Furthermore, a covered
program does not include programs otherwise open or available to the public at
large such as campus tours, athletic contests, community events,
etc.
(6)
Endangerment. For the purposes of this policy,
"endangerment" is the act of creating a substantial risk to the health or
safety of the child, by violating a duty of care, protection, or
support.
(7)
Sexual conduct. For the purposes of this policy,
"sexual conduct" will refer to any definition or term provided for in section
2907.01 of the Revised
Code.
(8)
Sexual contact. For the purposes of this policy,
"sexual contact" will refer to any definition or term provided for in section
2907.01 of the Revised
Code.
(9)
Sexual activity. For the purposes of this policy,
"sexual activity" will refer to any definition or term provided for in section
2907.01 of the Revised
Code.
(10)
One on one. For the purposes of this policy, "one on
one" shall mean the personal, unsupervised interaction between any authorized
adult who is not a licensed medical practitioner providing professional
services with a participant without at least one other authorized adult, parent
and/or legal guardian being present.
(C)
Scope.
(1)
This policy
applies to members of Kent state university faculty, staff, student employees,
volunteers, and others engaged in a covered program.
(2)
This policy does
not apply to the child development center, which is a program independently
operated by the university and whose continuous operation is subject to federal
and state compliance and accreditation standards.
(D)
Prohibited
activity.
Authorized adults shall not:
(1)
Have one on one contact with minors, where possible. If
one on one contact is needed, there must be one other authorized adult within
view of the authorized adult and minor, unless an exception is approved by the
program administrator with such exception documented in
writing;
(2)
Engage in one on one
communication with minors including but not limited to email, text messages,
social networking, websites, internet chat rooms, or other forms of social
media at any time except and unless there is a clear educational or
university-related purpose;
(3)
Engage in abusive conduct of any kind toward, or in the
presence of a minor:
(4)
Strike, hit,
administer corporal punishment to. or touch in an inappropriate or illegal
manner any minor:
(5)
Pick up minors
or drop off minors from their homes, other than the driver's child or children,
or in instances when the driver has direct parental consent to transport the
child of a neighbor or friend;
(6)
Engage in the use of alcohol or illegal drugs or be
under the influence of alcohol or illegal drugs during such programs or
activities:
(7)
Make pornography in any
form available to minors or assist minors in any way to gaining access to
pornography: or
(8)
Engage in any
other action or activity deemed by the university through other rules,
regulations, or guidance to be prohibited.
(E)
Implementation.
(1)
All programs for minors or with minors in attendance
must, at a minimum, have the following procedures in place or be in compliance
with the standards set forth prior to the commencement of the covered
program:
(a)
Staffing. The program administrator shall be responsible for
overseeing the selection of staffing for all covered programs. The program
administrator shall assign a university employee who is at least
twenty - one
years of age to be accessible to participants at all times. Other staffing
assignments for the covered program should be made to ensure one-on-one contact
between authorized adults and minors does not occur and that appropriate levels
of supervision are implemented at all times.
(b)
Background
check.
(i)
Each
authorized adult who is a university faculty, staff or student employee must
complete a BCI (bureau of criminal investigation) background check or otherwise
have a background check on file completed within four years preceding the
commencement of the program. Out of state employees must complete a FBI
background check within the last two years preceding the commencement of the
program.
All university faculty, staff or student employees who have a break in service
with the university for any period of time must have a new BCI background check
upon rehire. An FBI check must be completed if the person lived out of state
during the break in service.
(ii)
Each authorized
adult who is a volunteer or non-university participant must complete a BCI
(bureau of criminal investigation) background check or otherwise have a
background check on file completed within two years preceding the commencement
of the program. Out of state employees must have a completed FBI background
check within the last two years preceding the commencement of the
program.
(iii)
All persons working with minors must be checked against
the national sex offender registry.
(iv)
All persons must
self-disclose felony or misdemeanor convictions that occur after hire within
three days of pleading guilty or being convicted.
(v)
All persons who
have failed a BCI background check or have pending charges for a sex-related
offense or crime against a minor, or who appear on the national sex offender
registry shall not be permitted to take part in any Kent state university
program pertaining to minors or involving minors in any
capacity.
(c)
Training. All authorized adults who will be working
with minors shall complete annual mandatory training prior to the commencement
of the program. Such training shall include, but is not limited to, the
following topics:
(i)
The requirements of this policy;
(ii)
Basic warning
signs of abuse or neglect or minors;
(iii)
Guidelines for
protecting minors from emotional and physical abuse and
neglect;
(iv)
Inappropriate behavior with minors;
(v)
Ohio reporting
requirements and procedures; and
(vi)
Other
appropriate topics as determined by the program administrator.
(d)
Ratio.
At all times, each program eligible under this policy shall meet or exceed the
following ratios for authorized adults to participating minors:
(i)
For overnight
covered programs:
(a)
One staff member for every five campers ages four and
five;
(b)
One staff member for every six campers ages six to
eight;
(c)
One staff member for every eight campers ages nine to
fourteen;
(d)
One staff member for every ten campers ages fifteen to
seventeen.
(ii)
For day covered programs:
(a)
One staff member
for every six campers ages four and five;
(b)
One staff member
for every eight campers ages six to eight;
(c)
One staff member
for every ten campers ages nine to fourteen;
(d)
One staff member
for every tweleve campers ages fifteen to seventeen.
(e)
Required
documentation.
(i)
In all covered programs, the parent and/or guardian of
the minor shall execute all relevant forms and releases as may be required by
the particular program prior to eligibility for participation. Failure by the
parent and/or guardian or participating minor to execute all required forms
shall immediately render the minor ineligible for
participation.
(ii)
All authorized adults participating in the covered
program must complete all requirement materials and agreements prior to
commencement of the program. Failure to complete all forms shall immediately
render the authorized adult ineligible for participation.
(f)
Communication and notification procedures.
The program administrator shall establish appropriate procedures for the
notification of the minor's parent or legal guardian in case of an emergency,
including medical or behavioral problem, natural disaster, or other significant
programmatic disruption. Authorized adults with the program, as well as
participants and their parents and legal guardians must be advised of this
procedure in writing prior to the participation of the minors in the
program.
(2)
Unsupervised
minors prohibited. Minors participating in a covered program or
university-hosted programs are not permitted to be unescorted or unsupervised
while on university property, and must be supervised at all times by a
responsible adult directly involved with such program.
(3)
Program
Registration.
The program administrator must:
(a)
Register the covered program with the office of risk
management and compliance no later than sixty days prior to the first scheduled
date of the participation of minors in any activity, program or classes or as
soon as the program leader or sponsoring unit is aware that minors may be in
attendance. Failure to properly register a covered program may result in the
delay or cancellation of the program by the university.
(b)
Register the name of all authorized adults working
directly with minors and review and verify all background checks provided for
under this policy.
(c)
Organize training opportunities for each authorized
adults to familiarize the adults with the provision of this policy. No person
shall be approved without signature stating agreement and understanding of the
measures and procedures of this policy and all other Kent state university
policies that might apply.
(4)
Final authority.
At all times, the program administrator or other authorized university
authority may bar any authorized adult, participant, or other attendee from its
premises for reasons including but not limited to misconduct or
endangerment.
(5)
Retention of records. All records collected during the
administration of each program (including, but not limited to. application
forms, background checks, releases, medical forms) shall be kept in accordance
with established university record retention schedules. The department or
office under which the program administrator serves shares equal responsibility
with the program administrator for the retention of records.
(6)
Reporting.
(a)
If the program
administrator or any other authorized adult or participants knows or has
reasonable cause to know that a minor has suffered or faces the threat of
sexual contact, sexual conduct or sexual activity or endangerment, the
individual must immediately report such knowledge to:
(i)
The Kent state
university police department
(ii)
The city of Kent
police department;
(iii)
The Portage county sheriff's department;
or
(iv)
Any other local or state public services
agency.
(b)
Reports can be made anonymously.
(c)
Any individual
who is suspected or alleged to have engaged in abuse under this policy shall be
immediately suspended from participation with the covered program without
exception.
(F)
Violations.
(1)
All persons who
violate this policy will be held accountable for their actions as
follows:
(a)
Students will be subject to the code of student conduct as
found in rules 3342-4-02, 3342-4-02.1, and 3342-4- 02.101 of this
Administrative Code.
(b)
Faculty, staff and student employees are subject to
disciplinary action up to and including termination, and in accordance with
applicable disciplinary processes.
(c)
Volunteers are
subject to loss of volunteer status.
(2)
Any individual
found in violation of this policy may also be subject to inquiry or
investigation by local, state or federal authorities.
Replaces: 3342-5-19