Protection of Minors Policy (Draft)

The original policy can be found at https://cam.illinois.edu/policies/hr-64/

Background

This policy and the processes/procedures/guidelines supplement the University of Illinois System Policy on Protection of Minors and implement it on the Urbana-Champaign campus.

Purpose

The System Policy imposes four primary duties upon Members of the University Community with respect to the protection of : (1) cooperate with any university, governmental, or law enforcement investigations of alleged child abuse or neglect; (2) complete university-approved online training; (3) report suspected child abuse and neglect to proper authorities; and (4) undergo background checks when responsible for the direct supervision for the care, safety and security of children.

Scope

Members of the University Community and External Entities such as limited liability corporations (LLCs) or lessees that operate non-university Activities involving Minors on university premises.

Authority

Emergency Management Department, Protection of Minors Unit and Illinois Human Resources

Policy

Members of the University Community and that operate non-university Activities are required to be familiar with and comply with the System Policy on Protection of Minors including but not limited to reporting requirements and background check requirements outlined below under Processes/Procedures/Guidelines.

The following Activities do not need to be reported:

Programs and activities intended solely for faculty, staff, and other attendees 18 years of age or older;
Regularly scheduled classes or activities for enrolled university students, admitted students, and individuals accepted for enrollment;
Performances or events open to the general public (such as varsity athletic competitions, theatrical performances, and concerts);
Externships, internships and other placements of enrolled university students with External Entities for the purpose of obtaining academic credit or to satisfy other university educational requirements;
Research activities approved by a University of IllinoisInstitutional Review Board (IRB)with safety protocols in place;
University Laboratory High School, University Primary School, and Orchard Downs Preschool classroom activities;
Child Development Lab and Early Child Development Lab classroom activities;
University of Illinois Extension programs and activities with approved safety protocols in place.
University of Illinois Urbana Champaign Division of Public Safety activities.

Definitions

Activities: Programs and activities sponsored or provided by the university or held on university premises which are designed to include Minors or for which the target audience is individuals 17 years of age or younger, and for which Minors are in the care or under the supervision of the university or an External Entity. Activities include but are not limited to in person and virtual camps, summer programs, lessons, performances, job shadowing, employment, and tutoring.

Compliance Plan: A plan that addresses the standards and controls in place for Activities.

Designated Official: The individual authorized by the chancellor or his/her designee to determine whether organizations may use university premises and facilities. The Office of the Vice Chancellor for Administration and Operations maintains a list of Designated Officials.

External Entity: An entity legally separate from the university. For example, an External Entity could include a civic group, a company, a limited liability corporation, an association, or the like.

Facility Unit: A unit of the University of Illinois that oversees a university facility to be used to conduct Activities.

Member of the University Community: All University Personnel, University Units,

Minor: A person under the age of eighteen (18), unless legally emancipated.

Registered Organizations (ROs) and Registered Student Organizations (RSOs): defined and governed by § 2-301 of the Student Code.

University Contractor: An individual retained by the U of I System under contract to provide services and/or support for programs and activities that may include Minors.

University Personnel: Includes but is not limited to all university faculty, staff, postdoctoral research associates, visiting scholars, and students in their capacity as student-employees. Excluded from this definition are individuals who began unpaid service to the university prior to 2013 and who do not have any current affiliation with the university.

University Unit: Any functional subdivision of the University of Illinois Urbana Champaign which conducts an event to which a Minor may be present without their parent or guardian.

University Volunteer: An uncompensated individual who is authorized by a U of I System department or unit to: a) perform civil, charitable, or humanitarian services related to the business of or in support of activities of the U of I System that may include Minors, or b) gain personal or professional experience in specific endeavors. Volunteers perform services without a promise, expectation, or receipt of any compensation for services performed, including a promise of future employment. This definition does not include parents or guardians who are accompanying their child at a program or activity and who may provide incidental service for the program or activity.

Direct Supervision: Individuals who will have responsibility for the care, safety and security of minors during a university sponsored program or event.

Processes/Procedures/Guidelines

Protection of Minors Flowchart

Reporting of Suspected Child Abuse and Neglect. University Personnel who have reasonable cause to believe that a Minor known to them in their professional or official University capacity may be an abused or neglected child must immediately make a report to the Department of Children and Family Services (DCFS) (1-800-25ABUSE) (1-800-252-2873). In addition to making a verbal report to DCFS, the reporting party must follow any additional directions given by DCFS to complete the report. Non-personnel Members of the University Community are encouraged to make a report to DCFS. In addition, all Members of the University Community, including non-personnel Members, shall report suspected child abuse or neglect to the University of Illinois Police Department (217-333-1216).
Activities Conducted or Sponsored by University Units
1. Reporting information about proposed Activities in advance. University Units must report information about their proposed Activities at least 30 days prior to the start date using the Protection of Minors Event Long Form. The form must include the Activity dates, times, locations, estimated attendance (age range and number of participants), and contact information for two responsible individuals who will arrange for the safety of Minors and other participants in an emergency.
2. Compliance Plan:
  1. Along with the Protection of Minors Event Long Form, the University Unit must submit a Compliance Plan for review by the Protection of Minors Compliance Specialist in the Division of Public Safety.
  2. The University Unit must enforce the Compliance Plan.
  3. The Compliance Plan should address the following details where applicable:
    1. Transportation of Minors to and from and during the Activities, whether by parents, guardians, staff or others, in compliance with university policies regarding drivers and vehicles
    2. Weather emergencies and other non-medical emergencies. A current Emergency Action Plan (EAP) shall be on file with the Emergency Management Department for buildings or facilities that are owned or leased by the University where the Activity and/or Activities will take place
    3. Adequate supervision for Minors in accordance with the American Camp Association Supervision Ratios
    4. Educating event personnel about appropriate conduct standards with and around Minors including:
      1. Abused and Neglected Child Reporting Act (ANCRA): All University of Illinois System employees, including those holding 0% (unpaid) appointments, are mandated reporters under the Illinois Abused and Neglected Child Reporting Act (ANCRA). Training is required for mandated reporters every three years. University Volunteers, University Contractors and other designated individuals also need to complete Illinois Abused and Neglected Child Reporting Act (ANCRA) Training, which can be found here
      2. 5-Minute video located here
      3. Emergency contacts listed on the Protection of Minors form need to be identified and trained as Campus Security Authorities (CSA). Contact dps-clery@illinois.edu to verify if you or anyone is a CSA in your department, unit or college
    5. Alerting participants about how to report issues, including issues with peers, event personnel and others
    6. Collecting and maintaining appropriate permission forms, medical contact information and liability waivers. Forms should be safeguarded and readily available. Provide a blank copy of the forms to be used with the Compliance Plan
    7. Medical emergencies
    8. Compliance Plans must also address the following additional areas for Activities with overnight stays by Minors:
      1. Describe identification to be worn by staff members and participants. Staff member identification typically involves nametags displaying name, position, and Activity. Participant identification may vary depending upon the nature of the Activity
      2. Confirm that the Illinois state curfew law (720 ILCS 5/12C-60), including the times set forth in subsection (d) (1), will be followed
      3. Code of conduct or other conduct standards for participants
3. Background Checks
  1. General requirement. University Units shall not allow any person who would be responsible for the direct supervision or care, safety and security of Minors to participate in Activities without first clearing the person through a criminal background check and the sex-offender registry. Individuals who require background checks include directors and supervisors of Activities; individuals who will have responsibility for the care, safety and security of Minors; and individuals who will have overnight responsibilities with Minors.
  2. Submission of names. University Units will submit the names of individuals who require a background check per this policy via the Protection of Minors Event Form. Once submitted online, the completed form will be automatically routed to the Unit Human Resources Contact named on the form. The Unit Human Resources Contact will enter the names of the individuals who require a background check into the university’s applicant tracking system. The Unit Human Resources Contact shall follow Illinois Human Resources Office procedures for submitting names for criminal background and sex-offender registry checks.
  3. Clearance. Illinois Human Resources, in consultation with other relevant personnel, will determine eligibility of individuals to participate in Activities. Illinois Human Resources will work in conjunction with the Protection of Minors Compliance Specialist in the Division of Public Safety once names have been processed in the university’s applicant tracking system and will update the Compliance Specialist on the status of the check. Illinois Human Resources will also inform the University Unit whether the individuals whose names were submitted cleared the background check.
  4. Exception. The Executive Director of Public Safety (DPS), Executive Director of Emergency Management, or their designee may permit a unit to adopt alternative measures and safeguards instead of an Illinois Human Resources background check. The Executive Director of DPS, Emergency Management or their designee will document the measures and safeguards taken.
Activities Conducted by ROs and RSOs
ROs and RSOs may not host events with Minors unless a parent, guardian or chaperon is present.
Activities Conducted by External Entities Using University Facilities
1. External Entities may be permitted to conduct Activities using university facilities without the direct involvement of a University Unit provided:
  1. Facilities Use Agreement. The External Entity executes a Facilities Use Agreement addressing Protection of Minors Compliance with the university before the event. Under the terms of the Facilities Use Agreement, the External Entity assumes all legal and financial responsibility for the conduct of its employees, agents, contractors, volunteers, and participants in connection with the Activities. The relevant Facility Unit must submit to the Contract Services Office a Facilities Use Agreement signed by the External Entity (templates available at the Contracts Office – urbanacso@uillinois.edu).
  2. Insurance. The Facility Unit must collect from the External Entity a certificate of insurance evidencing general liability insurance coverage and specifically sexual molestation and abuse coverage with minimum limits of $1 million per occurrence. The certificate shall name the Board of Trustees of the University of Illinois as additional insured.
  3. It is the responsibility of the unit to sign the Facilities Use Agreement to ensure that insurance requirements are met and that all aspects of the Facilities Use Agreement are adhered to.
2. The External Entity must adhere to and enforce its Medical Release Form per Facilities Use Agreement.
3. Facilities Use Agreement will be forwarded to dps-aim@illinois.edu
Procedures Applicable to all Activities
1. Maintaining documentation. The unit head or supervisor of the University Unit or Facility Unit must make sure that all requirements of the Policy and these procedures are met. The University Unit or Facility Unit must maintain all required documentation in accordance with university information security policies and practices.
2. Site visits. Compliance offices including, but not limited to the Division of Public Safety (“DPS”), the Office of University Audits, University Ethics Office and/or another Designated Official may conduct unannounced site visits to promote compliance with these procedures. DPS personnel will complete a risk assessment checklist to verify Compliance Plans are being followed and will provide a copy of the signed compliance checklist to the University Unit or Facility Unit contact. All university employees and organizations reserving space must cooperate with site visits as required by DPS.
3. Violations. In the interest of safety or for failure to comply with applicable procedures, the Director of Public Safety may take appropriate action against University Units, ROs, RSOs, and External Entities conducting or sponsoring Activities. Such action may include, but is not limited to, any or all of the following: immediate cancellation of a planned or ongoing Activity, issuance of a verbal or written warning, directing immediate corrective action, prohibiting an individual or individuals from participating or continuing to participate in an Activity, and prohibiting the University Unit, RO, RSO, or External Entity from holding future Activities. In addition, individuals violating the Policy, or these procedures will be held accountable for their actions in accordance with applicable law and university policies.
Resources

Policy Contact

Stephanie Vogelsang, Protection of Minors Compliance Specialist, Division of Public Safety, (217) 300-1533
Illinois Human Resources at (217) 333-2137