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Policy Title: Protection of Minors

Boise State University Policy #12060
Effective Date: September 2014
Revised On: April 2016

Purpose:
To ensure the protection and safety of Minors on campus.

Additional Authority:
University Policy #1065 – Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking
University Policy #7005 – Background Investigations
University Policy #7020 – Drug and Alcohol Free Workplace
University Policy #12000 – Clery Act Compliance

Scope:
Applies to all faculty, staff, students, contractors, subcontractors, and volunteers who interact with Minors through University- Sponsored or Affiliated Programs or Activities. University faculty and others on campus who only interact in classes or other normal academic settings with University undergraduate students who may be Minors are not obligated to undergo the training or background checks required by this policy. Appendices to this policy establish specific requirements and procedures and may be updated from time to time.

Responsible Party:
Office of Institutional Compliance and Ethics, 426-1258

Definitions:
Minor Abuse – The infliction of physical injury, sexual abuse or exploitation of a Minor (whether by an adult or another Minor); negligent treatment or maltreatment of a Minor; or abandonment of a Minor. This includes the failure to make reasonable efforts to prevent Minor Abuse as well as emotional injury. See Appendix B, Signs of Abuse and Neglect for more detail.

Minor – Any person under the age of eighteen (18). University students who are under the age of eighteen (18) are treated by this Policy similarly to all other students for purposes of their interactions with Minors in University- Sponsored or Affiliated Programs and are subject to the requirements that apply to other students.

University- Sponsored or Affiliated Programs or Activities (Programs) – Programs or activities that the University operates or sponsors, whether on or off University owned or controlled property, or in which University students, faculty, or staff engage through their University roles.


Policy

  • I. Policy Statement
  • This Policy establishes guidelines for those in the University community who may work or interact with Minors, with the goal of promoting the safety and wellbeing of Minors.
  • The University is committed to the shared values of caring, citizenship, and responsibility. Under this umbrella of shared values, all faculty, staff, students, contractors, subcontractors, and volunteers will prevent Minor Abuse when possible and report it when suspected.
  • Reporting Minor Abuse
  • II. When to Report Minor Abuse
  • Under this policy and state law, all faculty, staff, students, contractors, subcontractors, and volunteers who suspect Minor Abuse are required to report it immediately. There is no need to investigate or ensure that evidence exists before reporting.
  • Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that the appropriate professionals in law enforcement and/or child protective services can assess the report and evaluate the safety of the Minor.
  • III. Where to Report Minor Abuse
  • All reporting options below allow anonymous or confidential reporting.
    • A. Idaho law requires anyone who suspects Minor Abuse to report it immediately to law enforcement or the Idaho Department of Health and Welfare.
      • 1. If a Minor may be in imminent harm, dial 9-1-1 or activate a blue emergency phone located on campus.
      • 2. Otherwise, immediately report the incident to:
        • a. Campus Security and Police Services (208) 426-6911; or
        • b. The child protection division at the Idaho Department of Health and Welfare (208) 334-5437, or using Idaho Department of Health and Welfare’s Care Line by dialing 2-1-1.
  • IV. Additional Reporting Requirements
  • Any person designated as a Responsible Employee under University Policy #1065 (Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking) and/or any person designated as a Campus Security Authority under University Policy #12000 (Clery Act Compliance), must also follow their reporting responsibilities under those policies.
  • Additional Guidelines and Responsibilities
  • V. Participation in University- Sponsored or Affiliated Programs or Activities
  • Faculty, staff, students, contractors, subcontractors, and volunteers must:
    • A. Always be vigilant in protecting the well-being and safety of Minors with whom they interact on campus or elsewhere.
    • B. Review and commit to the principles of Appendix A, the University Code of Conduct for Interacting with Minors, Appendix B, Informational Material on The Signs of Abuse and Neglect of Minors, and Appendix C, Training Requirements for those who work with Minors.
    • C. Watch for signs of Minor Abuse (outlined in Appendix B) and promptly report suspected instances of Minor Abuse, or violations of this policy or law, as provided in II, III, and IV above.
    • D. Before engaging in any University-Sponsored or Affiliated Program or Activity involving contact with Minors: meet the requirements of this policy related to training (Section XI) and criminal background checks (Section X).
  • Managing Programs for Protection of Minors
  • VI. Program Registration
  • The University- Sponsored or Affiliated Program or Activity organizer, director, dean, or department chair will register all on-going or one-time Programs with the Office of Institutional Compliance and Ethics. The Office of Institutional Compliance and Ethics will keep an online database of these Programs. Contact the Office of Institutional Compliance and Ethics for related forms and deadlines.
  • VII. Hiring
    • A. All campus units who regularly work with or around Minors must consider whether a new hire has the skills and desire to work with Minors, even if the proposed work with Minors is a small percentage of the posted job.
    • B. Additional screening requirements include, but is not limited to, interview questions about transferrable skills to work with Minors.
  • VIII. Background Checks
  • A background check shall be required of each adult prior to his or her interaction or participation with Minors in Programs. This includes but is not limited to:
    • A. Third party or non-University employees, and
    • B. University administrators, faculty, staff, students, and volunteers.
    • See University policy #7005 Background Investigations for details.
    • C. Non-University organizations and entities that operate Programs or Activities on campus involving Minors must conduct criminal background checks that meet University standards on their employees, volunteers, and representatives. The University may request any additional information it deems necessary to meet the requirements of this policy.
  • IX. Mandatory Training on the Prevention, Recognition, and Reporting of Minor Abuse
  • University students, faculty and staff who participate in Programs involving Minors must complete appropriate training. At a minimum, training must include:
    • A. Basic warning signs of abuse or neglect of Minors.
    • B. Guidelines for protecting Minors from emotional and physical abuse and neglect.
    • C. Requirements and procedures for reporting incidents of suspected abuse, neglect, or improper conduct.
    • Training may be expanded depending upon the program or activity and the trainee’s role in the program or activity.
    • D. Non-University organizations and entities that wish to operate Programs involving Minors on campus must provide documentation to the Office of Institutional Compliance and Ethics indicating that all individuals who will be interacting with Minors (and anyone who supervises such individuals) have received training that meets or exceeds the minimum requirements of this section.
      Specific requirements and procedures for training appear in Appendix C.
  • X. Oversight and Responsibilities
    • A. The Office of Institutional Compliance and Ethics will track program information and written agreements, while ensuring compliance with this policy, and best practices in the prevention of minor abuse.
    • B. The Office of Institutional Compliance and Ethics will track background checks, to be performed by Human Resource Services, and training completion on the prevention of Minor abuse.
    • C. Program organizers or designees shall register Programs involving Minors with the Office of Institutional Compliance and Ethics with sufficient advance notice to meet the requirements and intentions of this policy.
  • XI. Enforcement
  • Sanctions for violations of this Policy may include the full range of available University sanctions applicable to the individual including suspension, expulsion, dismissal, termination, and exclusion from campus. The University may also take necessary interim actions before determining whether a violation has occurred. The University may terminate relationships or take other appropriate actions against non-University entities that violate this Policy. Any violations of law will be reported to the proper authorities.
  • IV. Policy Implementation and Modification
  • Questions about the interpretation or application of this policy should be raised with the Office of Institutional Compliance and Ethics, which shall update or modify the Appendices to the policy as necessary and administer and oversee the implementation of the policy in a manner that best achieves its goals.
  • Appendix A
  • Code of Conduct for Interacting with Minors
  • All faculty, staff, students, contractors, subcontractors, and volunteers who interact with Minors through Programs are required to comply with the following code of conduct when interacting with Minors.
    • A. Do not spend time alone, either on or off campus, with a Minor away from others.
      • 1. If one-on-one interaction is required, meet in open, well-lit rooms or spaces with windows observable by other adults from the Program.
      • 2. It is expected that activities where Minors are present will involve two or more authorized adults.
      • 3. When it is not possible to comply with the above, parents/guardians of Minors must sign a specific waiver acknowledging that they understand their Minor is engaged in a Program that requires a one-on-one interaction (Minor to Adult) such as a private lesson or medical exam.
    • B. Do not engage in any sexualized behavior with, or within the vicinity of, Minors, including but not limited to: engaging in sexual actions, making sexual comments, telling sexual jokes, or sharing or viewing sexually explicit material with or within the vicinity of Minors, except as necessary for Program relevant academic content or providing competent medical services.
    • C. Do not touch Minors in a manner that a reasonable person could interpret as inappropriate, including but not limited to:
      • a. Contact with a Minor’s breasts, buttock, groin, or genitals, or touching Minor with any of these body parts;
      • b. Making a Minor touch themselves or another person with or on the breasts, buttock, groin, or genitals;
      • c. Other bodily contact in a sexual manner, though not involving contact with breasts, buttocks, groin, genitals, or mouth, for example back or shoulder massages.
      • Bodily contact required to provide competent medical services is explicitly exempted from this section.
    • D. Do not shower, bathe, or undress with or in the presence of a Minor.
    • E. Do not engage in any abusive conduct of any kind toward, or in the presence of, a Minor, including but not limited to verbal abuse, hitting, punching, poking, or inappropriate restraining, except as required to protect a Minor or others from harm. All incidents involving such conduct, whether or not required to protect a Minor or others from harm, must be documented and disclosed promptly to the Program Director and the Minor’s parent/guardian.
    • F. Be aware of the impact of words and language upon Minors.
    • G. Do not use, possess, share, or be under the influence of alcohol or illegal drugs while on duty or when responsible for a Minor’s welfare. The misuse of prescription medications shall be determined to be a violation. Refer to the University Drug & Alcohol policy for additional information.
    • H. Do not distribute any medication or dietary supplement to a Minor without prior written approval of the Minor’s parent/guardian, except in case of emergency.
    • I. Do not meet with Minors outside of established times for Program activities. Any exceptions require prior written parental authorization and must include more than one adult from the Program.
    • J. Do not engage or converse with Minors through email, text messages, social networking websites, or other forms of social media at any time except and unless there is an educational or programmatic purpose and the content of the communications is consistent with the mission of the Program and the University.
    • K. When transporting Minors in a Program, more than one adult from the Program must be present in the vehicle, except when multiple Minors will be in the vehicle at all times through the transportation. Avoid using personal vehicles whenever possible. When it is not possible to comply with this guideline, parents/guardians of Minors must sign a specific waiver acknowledging that they understand their Minor is engaged in a Program that requires one-on-one interaction (Minor to Adult).
    • L. Do not tell Minors “this is just between the two of us” or use similar language that encourages Minors to keep secrets from their parent/guardians.
  • Appendix B
  • Signs of Minor Abuse and Neglect
  • There are often certain recognizable physical and behavioral indicators of minor abuse or neglect. The following signs, by themselves, may not be conclusive evidence of a problem, but serve as indicators of the possibility that a problem exists.
  • Signs of Physical Abuse
    • • Bruising, welts or burns that cannot be sufficiently explained; particularly bruises on the face, lips, and mouth of infants or on several surface planes at the same time;
    • • Withdrawn, fearful or extreme behavior;
    • • Clusters of bruises, welts or burns, indicating repeated contact with a hand or instrument;
    • • Burns that are insufficiently explained; for example, cigarette burns; and
    • • Injuries on children where children don’t usually get injured (e.g., the torso, back neck buttocks, or thighs).
  • Signs of Sexual Abuse
    • • Difficulty walking or sitting;
    • • Pain or itching in the genital area;
    • • Torn, stained or bloody underclothing;
    • • Frequent complaints of stomachaches or headaches;
    • • Sexually transmitted infection;
    • • Bruises or bleeding in external genitalia;
    • • Feeling threatened by physical contact;
    • • Inappropriate sex play or premature understanding of sex; and
    • • Frequent urinary or yeast infections.
    • • Direct statements the he or she was sexually abused.
  • Signs of Emotional Injury
    • • Speech disorders;
    • • Inability to play as most children do;
    • • Sleeping problems;
    • • Anti-social behavior or behavioral extremes; and
    • • Delays in emotional and intellectual growth.
    • • Sudden loss of self-confidence or self-esteem
    • • Avoidance of certain situations/activities
    • • Desperately seeks affection
  • Signs of Neglect
    • • Lack of medical or dental care;
    • • Chronically dirty or unbathed;
    • • Lack of adequate school attendance;
    • • Lack of supervision; for example young children left unattended or with other children too young to protect or care for them;
    • • Lack of proper nutrition;
    • • Lack of adequate shelter;
    • • Self-destructive feelings or behavior; and
    • • Alcohol or drug abuse.
    • • Taking food or money without permission.
    • • Eating a lot at one sitting.
    • • Hiding food for later.
  • Each case of minor abuse or neglect is individual. The child who has been hurt is always the victim. If you believe a child may be the victim of abuse or neglect, contact the Idaho Department of Health and Welfare at (208) 334-5437 or the Care Line at 2-1-1. Additionally, Boise State Campus Security and Police Services can be reached at (208) 426-6911. Dial 9-1-1 in case of an emergency.
  • Appendix C
  • Training Requirements for Those Involved with Minors
  • University faculty, staff and students who are involved in Programs involving Minors, as well as employees, volunteers and other representatives of non-University organizations or entities that operate programs or activities involving Minors on campus, are required to satisfy specific training and certification requirements.
  • University-Sponsored or -Affiliated Programs or Activities
  • All individuals working with Minors in University-Sponsored or Affiliated programs or activities are required to review the Code of Conduct for Interacting with Minors, and the Signs of Minor Abuse and Neglect documents, and sign the Certification contained in this Appendix C. In general, individuals who participate in programs or activities involving Minors are required to review the Code of Conduct and Signs of Minor Abuse and Neglect documents and sign the Certification for each program and discrete activity. For programs with multiple regular activities involving Minors, the program or activity director or supervisor should contact the Office of Institutional Compliance and Ethics (protectionofMinors@boisestate.edu) to determine whether repeat Certifications are required. In addition, individuals who are required to read and sign are to submit the signed Certification to the program or activity director or supervisor at least thirty-six (36) hours prior to the start date of any program or activity. The program or activity director or supervisor is responsible for collecting the Certifications from the adult participants and promptly forwarding them to the University’s Office of Compliance and Ethics.
  • In addition, all individuals who are required to obtain a background check pursuant to this Policy, including program or activity directors, supervisors and individuals who work one-on-one, stay overnight, or are working with Minors, must complete an online training course. The training course is designed to assist faculty, staff, contractors, volunteers, and students who work with Minors in establishing a comprehensive program for protecting Minors from sexual misconduct by addressing prevention strategies and reporting. This online training course should be completed at least forty-eight (48) hours prior to the start date of the program or activity involving Minors. Individuals required to do the online training must repeat the course annually, provided they continue as program or activity directors, supervisors or individuals who work one-on-one, stay overnight, or are regularly alone with Minors.
  • Non-University Programs or Activities on Campus
  • Employees, volunteers and representatives of non-University organizations or entities that operate programs and activities involving Minors on campus are required to comply with the training and certification requirements that apply to University-Sponsored or -affiliated programs and activities. Non-University organizations or entities must also submit to the University’s Office of Institutional Compliance and Ethics (to be submitted to protectionofMinors@boisestate.edu) a certification of compliance with the training requirements described herein at least forty-eight (48) hours prior to the start of any program or activity involving Minors on campus.