Ohio Administrative Code
Title 3356 - Youngstown State University
Chapter 3356-7 - University Employees and Benefits
Section 3356-7-50 - Minors on campus/background checks
Universal Citation: OH Admin Code 3356-7-50
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state university ("university"), as part of its educational mission, offers and participates in youth oriented programs and allows minors to access the university and its facilities. The university is committed to ensuring a safe environment for minors and requires that all staff, volunteers, program participants and campus visitors hold themselves to the highest standards of conduct.
(B) Purpose. To establish standards and requirements for university programs or activities involving minors and for minors accessing the university and its facilities.
(C) Scope.
(1)
This policy
applies to university programs and activities specifically designed for
participation by minors and all participants, volunteers and employees,
including student employees, who exercise direct supervision, chaperone, or
otherwise oversee minors, in the course of their duties in these particular
programs.
This policy does not apply to: enrolled or dully enrolled minor university students participating in normal class and academic settings; employees or volunteers at university events or single performances open to the general public; or employees or volunteers who may have incidental contact with minors but do not work directly with minors within a program or activity.
(2)
This policy also
applies to minors who are on campus as guests or as members of the general
public. Refer to paragraph (E)(6) of this policy, "Minors on campus not
participating in programs," for procedures applicable to minors on campus
generally.
(3)
Minor children of residential students who reside on
campus either full or part-time are expected to follow this policy when they
are on campus in any facility other than the residential hall in which they
reside. While inside the residence hall, the minor child and the student parent
should defer to housing policies regarding having minor children in
residence.
(4)
A program or activity may impose additional
requirements than those found in this policy.
(5)
This policy does
not replace the requirements for reporting child abuse or neglect pursuant to
the Revised Code or other statutory reporting requirements.
(6)
Except where
required by law, background checks conducted pursuant to this policy will be
used only for purposes consistent with this policy and will otherwise be kept
confidential.
(D) Definitions.
(1)
"Abuse or neglect
of minors." Infliction or threat of physical or mental injury, sexual abuse or
exploitation, or neglect of a person under age eighteen or of someone who is
incapable of self-care because of a mental or physical
disability.
(2)
"Minor." A participant in a program for minors who is
under eighteen years old or is incapable of self-care because of a mental or
physical disability.
(3)
"Programs for minors." An organized activity or event
that is specifically designed for minor participants, is staffed by university
employees and/or volunteers, and is offered by an academic or administrative
unit of the university, whether on or off campus.
(4)
"University
organization." Any academic or administrative unit of the university unit
staffed by university employees, including student employees, acting within the
scope of their employment.
(5)
"Volunteer." Any
individual working in an unpaid capacity in a program for minors, including
interns and practicum students; however, this does not include invited speakers
or guests who do not oversee minor participation.
(6)
"Direct
supervision." Supervision, guidance or instruction of children in lieu of
parent or guardian by campus employees or volunteers.
(E) Procedures.
(1)
Standards of behavior. All programs must provide
reasonable monitoring of employee, volunteer, and participant behavior and all
program participants, staff, leaders, employees, associates and volunteers must
refrain from and promptly address inappropriate behavior. Inappropriate
behavior includes, but is not limited to:
(a)
Abusive conduct
of any kind;
(b)
Possession, distribution, or use of alcohol, illegal
drugs, fireworks, guns or other weapons or dangerous materials;
(c)
Hazing,
bullying;
(d)
Theft, misuse or destruction of
property;
(e)
Accessing by or making available to a minor any
sexually oriented materials.
(2)
"Ratio of
counselors." The university does not offer camp programming for participants
under the age of five. The ratio of counselors to program participants shall be
based on the American camping association current guidelines which are
available on the student experience website.
(3)
Reporting
requirements.
(a)
Any employee or volunteer who in the course of their
duties witnesses abuse or neglect of a minor or has information that would lead
a reasonable person to believe that a minor faces a substantial threat of such
abuse or neglect, shall immediately contact the county children services agency
and the Youngstown state university police department (330)
941-3527.
(b)
The Youngstown state university police department shall
ensure that the applicable county children's services agency has been notified
that a minor faces a substantial threat of such abuse or neglect and shall
notify the appropriate municipal or county peace officer department, the office
of general counsel, and the office of human resources of such threat. The
office of human resources will contact the director of the university program
to ensure that the director has been notified of such threat.
(4)
Training.
(a)
Colleges and units of the university offering programs
and activities specifically designed for participation by minors, regardless of
whether supervision of minors is part of the program or activity, must ensure
that employees and volunteers staffing the program or activity, annually
complete applicable training provided by the office of human resources and keep
records of such training. Training content must include at a minimum child
abuse awareness and prevention, and reporting obligations and
procedures.
(b)
In order to insure appropriate oversight in the event
of staff shortages, departments offering programs or activities which include
direct supervision of minors must insure that at least one professional staff
undergo annual applicable training as described in paragraph (E)(4)(a) of this
rule.
(5)
Background checks. Background checks must be conducted
on all employees and volunteers working with minors in programs and activities
covered by this policy as follows:
(a)
Employees and volunteers in programs which do not
involve overnight stays must have a bureau of criminal investigation ("BCI")
background check prior to working in a program for minors and once every four
years thereafter.
(b)
Parental consent must be obtained for the background
check of a minor age employee or volunteer.
(c)
Where required by
Ohio law or where the employee or volunteer is engaged at a facility or in a
program that involves the use of showering, changing or sleeping facilities,
the background check shall include both a BCI and federal bureau of
investigation ("FBI") records check.
(d)
Employees and
volunteers who have not lived in Ohio for five consecutive years must have a
BCI and FBI background check.
(e)
Employees and
volunteers who have any break in service for any time period must have a new
BCI background check prior to rehire and an FBI criminal records check must be
completed if the employee or volunteer lived in a state other than Ohio during
the break in service.
(f)
Employees and volunteers must self-disclose to the
program leader or administrator, any felony or misdemeanor convictions or pleas
of guilty or no contest (nolo contendere) that occur after hire or after being
accepted as a volunteer within three days of pleading or being
convicted.
(g)
Employees and volunteers must self-disclose any pending
felony or misdemeanor charges to the program leader, college, or unit, prior to
the time of or after hire or that are pending at the time of or after
acceptance as a volunteer.
(h)
Programs or units
may perform background checks more frequently at their discretion and must do
so if required by law.
(i)
BCI and FBI background checks will be forwarded to the
director of the office or unit responsible for the program or
activity.
(6)
Background check review.
(a)
Adverse or
unfavorable information revealed through a background check or self-disclosure
shall be reviewed by the university police department in coordination with the
divisional administrator or designee. The review will be an individualized
assessment in order to identify potential risk to minors.
(b)
Following receipt
of a background check by the director of the office or unit responsible for the
program or activity and review with the university policy department, all
background check forms and records, regardless of whether they contain adverse
or unfavorable information, shall be provided to and maintained in the office
of human resources. The office of human resources shall maintain these
documents separate from personnel or student files and shall only disclose
adverse information on a need to know basis or pursuant to legal
requirements.
(7)
Addressing reports of abuse or neglect.
(a)
Investigation of
allegations of child abuse, sexual abuse, or neglect will be addressed in
accordance with the investigatory protocols of children services agencies,
local law enforcement agencies, and/or the university.
(b)
Upon receipt of
an allegation and during the course of an investigation, the person against
whom an allegation has been made may be removed from a program or activity
and/or may have his/her contact with minors limited until such allegation has
been satisfactorily investigated and resolved.
(8)
Minors on campus
not participating in programs. The university's campus and facilities are not
generally an appropriate environment for minors unless they are matriculated
students or enrolled in a university program specifically designed for their
participation and are appropriately supervised by their parents, legal
guardians or properly trained responsible adults (hereinafter collectively
referred to as guardian). The following policies apply to any minor on campus
who is not participating in a university program or as an enrolled or dually
enrolled as a student:
(a)
No minor under the age of fourteen may be left alone on
campus at any time for any reason.
(b)
The university
police department will be notified if a minor under the age of fourteen is left
unattended on campus or at an athletic event or public program or
event.
(c)
A guardian must have line of sight supervision of the
minor at all times.
(d)
A guardian must assure that the minor is not disruptive
to others and if the minor becomes disruptive, the guardian shall correct the
situation.
(e)
The university retains the right to require visitors
who are unwilling or unable to exercise appropriate control over minors to
leave university facilities.
(f)
Minors age
fourteen and above are held to the same standards of conduct that apply to all
members of the university community.
(g)
Minors may not
accompany students to class unless specifically approved by the class
instructor. This restriction does not apply to university programs involving
campus visits by prospective students or university sponsored family or sibling
programs.
(h)
Unless authorized by the appropriate dean, or
department head, or as part of a university program, a minor may not accompany
a parent or guardian to work.
(i)
Minors are
restricted from access to safety sensitive areas such as laboratories and
workshops, except as part of a university program or as a university student
pursuant to an academic course or program.
(j)
Due to the
potential health risks to others, children with communicable illnesses cannot
be brought to campus.
(k)
Students, faculty or staff who have child care
emergencies are advised to stay home or make alternative arrangements and not
bring children to campus. No university space is to be used as an alternative
to child care, including but not limited to libraries, classrooms,
laboratories, residence halls, lounges, and restaurants or other public
space.
(9)
Departments, programs, and schools may impose
additional limitations on the presence of minors.
(F) 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 code of student rights, responsibilities, and
conduct.
(3)
Employees, including student employees, are subject to
applicable disciplinary action up to and including termination.
(4)
Suspension or
termination of the use of university facilities for a program or
activity.
Replaces: 3356-7-50
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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