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Policy
Purpose: 

To ensure the safety and well-being of minors participating in university-related programs or visiting our campuses.

Applies to: 

Faculty, staff, students, affiliates, volunteers, and others participating in the supervision of minors who are involved in university-sponsored programs, programs held at the university, and/or programs housed in university owned or controlled facilities at all geographic locations.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

All Programs in which minors are expected to participate, regardless of whether the Program is operated by a university-unit or third-party, must abide by the following requirements: 

Program Registration
The individual responsible for the operation of a Program in which minors are expected to participate (the “Program Director”) shall register the Program at least sixty (60) days prior to the schedule start date with the Office of University Events and Protocol via the Youth Programs, Activities, and Camps website.  Subject to the exclusions set forth in the Exclusions and Special Circumstances section below, registration is required for all Programs in which minors are expected to participate, regardless of the duration and/or nature of the event.

Program Agreements
The Program Director, or individual with authority to enter into such a contract on behalf of the organization operating the Program, shall enter into a written agreement with the university regarding operation of the Program, and abide by all terms therein.  University-sponsored Programs shall agree to complete all necessary forms and agreements. All other Programs held at the university and/or housed in university owned or controlled facilities at all geographic locations shall execute the Program Operation Agreement, as well as any additional agreement or addendum deemed appropriate by the university based upon the specific Program.  In addition, all Programs that house participants overnight in KU Student Housing facilities shall enter into a written agreement with KU Student Housing for the use of such facilities. 

Program Requirements
In addition to the requirements set forth in any written agreements with the university and other applicable university policies, all Programs shall comply with the following requirements and provide documentation of that compliance upon request to the Office of University Events and Protocol:

  • Participant Registration and Written Agreements

The Program Director shall maintain basic information about all Program participants, including, at a minimum, the participant’s name and emergency contact information for the participant’s parent, guardian or responsible adult.  The Program Director shall maintain a participant roster (including participant name and emergency contact information) and provide that document to the university by the first day of the camp.

The parent or guardian shall receive, review, and sign the following before their minor child can participate in the Program:

  • A participation agreement that includes emergency contact information and an acknowledgement of Program rules.
  • A waiver and release from liability, assumption of risk, and indemnification agreement that includes the University of Kansas as a released party.  A sample agreement is available on the Youth Programs, Activities, and Camps website.
  • Media, Photo & Video Release Form (if applicable)

All forms required by this section must be maintained by the Program Director for a period of five (5) years following the conclusion of the Program and made available to the university upon request.

In addition to the foregoing, university-sponsored Programs must require the parent or guardian to receive, review, and sign the following additional documents before their minor child can participate in the Program:

  • Medical Information and Release form
  • Self-Administration of Medication Form (if applicable)
  • Consent for Over-the-Counter Medication Form (if applicable)

All forms required by this section should be returned to the parent/guardian at the conclusion of the program/camp. If a minor receives treatment during the program/camp, the health provider will maintain the information following federal and state regulations.  Returning the forms provides assurances to the parent/guardian that private health information is not being maintained, and Program Directors will not have to maintain secure storage/responsibility of private information for 5 years.

  • Communication and Emergency Notification

The Program Director shall establish procedures for the notification of the minor’s parent/legal guardian in case of an emergency, including medical or behavioral problem, natural disasters, or other significant Program disruptions.  All Programs shall have plans for lost campers, weather emergencies, and other emergencies.  Samples and templates for these plans can be found at the Youth Programs, Activities, and Camps website.  Program Staff, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the minors in the Program. 

  • Background Checks

All Program Staff, including the Program Director, who may have contact with participants must be thoroughly screened, including by conducting a background check on all such individuals.  At a minimum, the background check should include: state criminal felony and misdemeanor for the past seven years (for an unlimited number of counties, as revealed by a social security number trace), federal criminal (for an unlimited number of districts, as revealed by a social security number trace), and national sex offender and child abuse searches.  For university-sponsored Programs, KU Human Resource Management (HRM) will coordinate access to the background check provider and/or be responsible for auditing the outcome of the required background check.

If the Program is not university-sponsored, it is the Program Director’s responsibility to follow best practices in determining whether an individual has satisfactorily passed the screening, including the background check, with consideration for the individual’s role and responsibilities relating to the Program (e.g., a person convicted of an alcohol offense shall not be permitted to transport participants, a person with a theft conviction shall not be responsible for finances or Program resources, etc.). 

Notwithstanding the foregoing, under no circumstances shall an individual be permitted to participate in the operation of the Program, including contact with any participants and involvement in Program activities, if the individual has been convicted of a crime against persons (including a child), sex offense, drug offense, crime involving fraud or deception, or other crime of violence or bodily harm. 

The Program Director shall certify to the university in writing that all Program Staff (including the Program Director and all employees, interns, volunteers, contractors, etc.) have satisfactorily completed screening, including a background check within five years of the start date of the Program, prior to the first day of the Program and the Organization will make the results of the background check available to the university for inspection upon request.  For university-sponsored Programs, KU HRM shall make the final determination regarding whether an individual has passed the screening and may serve as Program Staff and coordinate the disciplinary action process for university employees if appropriate.

  • Program Rules of Conduct

Program Staff shall develop and make available to participants the rules and disciplinary measures applicable to the Program, which also meet university program conduct standards; these can be found at the Youth Programs, Activities, and Camps website.  Program participants and Program Staff must abide by all university policy and regulations, and may be removed from the Program and/or have payment end if applicable for non-compliance with rules.  Program rules shall be provided to the university upon request.

  • Medical Treatment, Administration of Medicines and Emergency Services

Program Staff, parents/guardians, and participants shall be responsible for adhering to the university guidelines for Medical Treatment, Administration of Medicines and Emergency Services, including completing all required forms. These forms can be found at the Youth Programs, Activities, and Camps website. The Program Director shall arrange for medical care appropriate for the nature of program activities, including on-site emergency medical service coverage if needed.

  • Supervision of Minors and Access to University Facilities

The Program Director is responsible for procuring, training, and supervising Program Staff for the Program.  It is the Program Director’s responsibility to ensure that best practices are followed in the supervision of minors and in determining appropriate restrictions on access to certain areas of facilities.  Some of the factors to be considered in determining requirements for supervision are the number and age of participants, the activity(ies) involved, type of housing if applicable, and age and experience of the staff members.  The Program Director is responsible for ensuring that all Program Staff are trained in the appropriate supervision of minors and use of facilities.  All policies and information regarding the supervision of minors and access to university facilities must be made available to the university upon request.

University-sponsored Programs must comply with the American Camp Association guidelines for the ratio of Program Staff to program participants to reflect the gender distribution of the participants.

  • Training

The Program Director is responsible for training each Program Staff member on an annual basis, in accordance with best practices.  At a minimum, training should include the conduct requirements of this policy, protecting participants from abusive emotional and physical treatment, and on appropriate or required reporting of incidents of improper conduct to the proper authorities including, but not limited to, appropriate law enforcement authorities.  The Program Director shall make training materials and documentation of completed training by Program Staff available upon request. 

For university-sponsored Programs, Program Staff training shall be made available by the Office of Events and Protocol. Online training Programs can be found at the Youth Programs, Activities, and Camps website.

  • University Housing

If the Program houses participants overnight in KU Student Housing facilities, the university will require the Program to adopt and implement rules and regulations for proper supervision of minors in university housing, and comply with all other requirements set forth in the agreement governing the use of such facilities.

  • Notification of Abuse and Code of Conduct for Program Staff

Program Staff must make all reasonable efforts to ensure the safety of minors participating in Programs, including removal of minors from dangerous or potentially dangerous situations, irrespective of any other limitation or requirement. 

If a program participant discloses any type of assault or abuse (at any time previous to, during, or after the Program), or if a Program Staff member has reason to believe that the participant has been subject to such assault or abuse, in accordance with the University’s Crime Reporting Policy, the Program Staff member must immediately report the matter to the Kansas Department for Children and Families, Kansas Protection Report Center, at 1-800-922-5330. In the event of an emergency, the Program Staff member must immediately contact local law enforcement or call 911.  In addition to the foregoing, the Program Staff member shall contact youthprograms@ku.edu

If an allegation of inappropriate conduct has been made against a Program Staff member, the Program Staff member shall discontinue any further participation in Programs and activities covered by this policy until such allegation has been satisfactorily resolved.  Program Staff who are university employees may be subject to appropriate disciplinary action upon the resolution of allegation.

Program Staff should behave professionally and maintain the highest standards of personal behavior at all times as specified by the university; these can be found at the Youth Programs, Activities, and Camps website.

  • Incident Reporting

The Program Director is required to report incidents that involve staff, spectators or participants seeking medical attention, intervention by police or emergency services, damage or loss of property in an amount in excess of $100, or allegations of inappropriate conduct by a Program Staff member.  Reports may be made using the Incident Report Form (available on the Youth Programs, Activities, and Camps website) or by emailing youthprograms@ku.edu including the Program name, Staff contact, date of the incident, person(s) involved, and description of the incident.

  • Program Staff Registration and Written Agreements

The Program Director is responsible for procuring, training, and supervising Program Staff for the Program.  The Program Director shall maintain a roster of all Program Staff, including at a minimum name and emergency contact information.  The roster shall be provided to the university at least 14 days prior to the start of the camp.  All Program Staff shall be required to sign an agreement acknowledging and agreeing to abide by Program rules and all applicable university policy and procedure.

To the extent Program Staff are independent contractors, the contract with the Program Staff must comply with the above requirements and require evidence that background checks and training required by this Policy have been completed. 

  • Fees and Expenses

In accordance with Kansas Board of Regents and university policy, all Programs will be assessed the fees outlined in the Comprehensive Fee Schedule for use of university facilities and supporting services. To the extent fees for particular services or facilities are not outlined in the Comprehensive Fee Schedule or supporting documents, the university will assess fees according to its costs.

Exclusions or Special Circumstances: 

The following exceptions are NOT subject to minors on campus procedures:

  • Youth visitors, individually or in groups for single-day activities not initiated or supervised by KU Program Staff, e.g. field trips supervised by a minor participant’s school or organization.  Contractually arranged third-party youth programs are not intended to be exempted by this scenario.
  • Office of Admissions or other departmental recruiting visit programs which involve youth visiting campus with their parents, legal guardians, or any other adult acting as guardian for the event.
  • Incidental visits by individual youth interacting with KU faculty or staff, but not as part of a coordinated program offering, e.g., tours of facilities, visiting a family member at work.  This exclusion does not pertain to scheduled or ongoing visits, such as individual lessons (music) or tutoring/mentoring, volunteering with or job shadowing a KU employee, or individualized experiential learning / enrichment.
  • KU credit-bearing academic courses with students under the age of 18 enrolled, including on-campus, distance education, and/or independent study experiences.
  • Performances or events open to the general public.
  • Minors coming to campus for one-time or intermittent appointments for health care and/or medical treatment.
Consequences: 

The university may ban any Program, Program Director, Program Staff member, group, or sponsor from holding or participating in future Programs for violations of university policy, inappropriate conduct, or other good cause.  This decision will be made at the university’s sole discretion and is not subject to appeal.  

Contact: 

Charlie Persinger, Director
Office of University Event Management & Protocol
230 Strong Hall, 1450 Jayhawk Blvd.
Lawrence, KS 66045

Approved by: 
Chancellor
Approved on: 
Friday, December 18, 2015
Effective on: 
Friday, December 18, 2015
Review Cycle: 
Annual (As Needed)
Definitions: 

Minor – Any person under 18 years of age (KS Code §38-101).  This policy is specific to non-enrolled minors.  A person under the age of eighteen (18) who is not enrolled at the university, or who is considered to be “dually enrolled” in university programs while also enrolled in elementary, middle and/or high school; is also referred to as a “participant” in this policy.

Program – Programs and/or activities offered by various academic or administrative units of the university, or by non-university groups using university facilities.  This includes but is not limited to workshops, sport camps, academic camps conferences, etc.

Program Director – The individual with responsibility for the operation of the Program, or designee.

Program Staff – Individuals, paid or unpaid, who interact with, supervise, chaperone, or otherwise oversee minors in Program activities or recreational 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/consultants.  The Program Staff’s roles may include positions as counselors, chaperones, coaches, instructors, etc.  This definition does not include temporary guest speakers, presenters and other individuals who have no direct contact with program participants other than short term activities supervised by Program Staff.

Keywords: 
Minors, youth, abuse, camps, safety
Review, Approval & Change History: 

07/11/2016: Updated to remove gendered pronouns.

12/18/2015: Prior to final approval by the Provost, this policy was developed by representatives from General Counsel, Institutional Compliance, Policy Office, Public Affairs, and Risk Management, with additional support from Human Resources and Internal Audit; and endorsed by the Vice Chancellor for Public Affairs and the Vice Provost for Administration and Finance. 

Operational Categories: 
Health & Safety

Moderation History

Updated: July 11, 2016 - 09:56

Log message: Edited by ruthwalters@ku.edu.

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