KSU Programs Serving Minors Training - Kennesaw State University

Transcription

KSU Programs Serving MinorsTrainingThis training is provided and intended for use by Kennesaw State University employees and volunteers andpersonnel of third-party organizations using Kennesaw State University property for programs serving non-enrolledminors. It is derived from Georgia statues as well as Board of Regents and Kennesaw State University policies andprocedures.1

IntroductionKennesaw State University is committed to providing a safe environment for youth togrow, learn, and have fun while participating in University sponsored programs, orprograms operated by third parties on KSU’s campus. This training is provided tocertain personnel who work with minors. It is our goal to balance the need to keepchildren safe with the need to nurture and care for children by engaging staff andvolunteers in strategies for recognizing, preventing, and reporting child abuse andneglect.This course is divided into four sections:A. KSU’s Programs Serving Minors PolicyB. Who is Affected (Exempt and Non-Exempt)C. Program Registry Review and Approval ProcessD. Program Requirements2Division of Legal Affairs

KSU Programs Serving Minors Policy USG BOR Policy 12.9 (Programs Serving Minors)directs all USG schools to develop a Programs ServingMinors policy KSU Programs Serving Minors website:protectingminors.kennesaw.edu Beginning 5/1/17, any Program involving nonenrolled minors must be registered and approved byKSU annually3

Who is Affected?Programs: Activities serving non-enrolled minors operated by KSU orThird Party Organizations in a KSU facility.Exempt Activities: 4Activities on campus open to the generalpublic where minors attend at discretionof parent/guardianPrograms designed for enrolledUniversity studentsNon-residential field trips to KSUsupervised by a minor’s school ororganizationStudent recruitment activities that willlast no longer than 1 day and do notinclude an overnight stayNational tests offered by KSU TestingCenterNon-Exempt Activities: Sports campsAcademic campsWorkshopsMentoring activitiesSpecific conferencesInternshipsResearch projectsReminder: Exempt Activities utilizing KSU facilities must go through standardKSU review/approval procedures by Events, Legal, Procurement, andRisk/Insurance.

Program Registry Review and Approval ProcessBefore the program activities involving the minors occur, the program must besubmitted to the KSU Minors Program registry process for review andapproval: he Program Sponsor submitsa program request to aSponsoring Unit for ApprovalThe Sponsoring Unitreviews/approves the requestReview includes certification that: All activities are consistent withKSU’s mission Appropriate funding is in place Requisite Authorized Individualtraining, licensing requirements,housing and transportationneeds, and other logistics willbe in place prior to the start ofthe program5The program undergoesAnnual Compliance Reviews Legal: Licensing, Program Forms,Facilities Use Agreement(s) andother agreements HR: Background Investigationsfor Authorized Individuals OERM: Risk/Insurance Coverage Event Management ComplianceNOTE: Approval of a program does not guarantee facility availability or usage

Program Requirements: Legal Review Division of Legal Affairs must review all licensing,program forms, facilities use agreement(s) andother agreements before the program activitiesinvolving the minors occur.6

Program Requirements: Program FormsProgram Sponsors for University Affiliated programs must maintain:Program ParticipantsForms: Liability Waiver and ReleaseEmergency Contact, MedicalInformation & Authorization forMedical CareParticipant Conduct AgreementKSU Pick-up AuthorizationProgram Sponsors and AuthorizedIndividuals Forms: Program Implementation ChecklistStaff & Volunteer Code of ConductKSU Volunteer AgreementKSU Registered Visitor(formerly Long Term Visitor)All KSU forms may be found here: 7

Program Requirements: Document Retention Program Sponsors are responsible for keepingProgram Participant records for University AffiliatedPrograms. Per the BOR, any participant record must be kept for3 years after the Participant reaches the age of 18. Other program records should be kept in accordancewith BOR retention policies:http://www.usg.edu/records management/schedules/8

Program Requirements: Background InvestigationsAll Authorized Individuals with primary responsibilities involving direct interaction withminors are required to have a current satisfactory background check on record prior tobeginning work with minors.University Affiliated ActivitiesHR will conduct background investigations forall Authorized Individuals (including KSUfaculty, staff, & volunteers utilizing the KSURegistered Visitor form (formerly Long TermVisitor form ).* Background investigations must be performedon returning Authorized Individuals every 3years. All Volunteers must also fill out the VolunteerAgreement Form.* Fees are the responsibility of the KSUProgram/Sponsoring Unit 9Third Party ActivitiesThird Party Programs will enter into aFacility Use Agreement or LicenseAgreement. Agreements includesatisfactory background. investigationrequirements. ** Reminder: Third Party programs andtheir employees/contractors shouldutilize the KSU Registered Visitor form(formerly Long Term Visitor form) whenappropriate.** Fees are the responsibility of the ThirdParty Program/Organization

Program Requirements: Risk/Insurance Kennesaw State University staff and volunteers are covered by theState for Liability Insurance while acting within the scope of theirofficial duties or employment. O.C.G.A. §50-21-20 et seq. This does NOT cover any program participants’ accidentalinjuries occurring during program. The Office of Enterprise Risk Management (OERM) will review KSUAffiliated Programs to determine the necessity of procuringAccidental Injury Insurance or other specialty coverages. Contact KSU Risk Management with questions:http://risk.kennesaw.edu/10

Program Requirements: Procedures Required Training Reporting Procedures: Mandated Reporting of Child Abuse Incident Reporting Codes of Conduct for Staff, Volunteers, andProgram Participants Safety PlanningProgram Sponsors should utilize the Program /resources.php11

Program Requirements: ProceduresRequired Training Effective May 1, 2017, all Authorized Individuals arerequired to complete annual KSU approved trainingbefore they begin working with minors: Mandated Reporters: Critical Links in Protecting Childrenin Georgia KSU Programs Serving Minors Training is available for Authorized Individuals and thirdparties at our ing.php Program Sponsors are responsible for: ensuring all Authorized Individuals complete requiredtraining maintaining training certifications for AuthorizedIndividuals12

Program Requirements: ProceduresMandated ReportingMandated Reporting Obligation: O.C.G.A. § 19-7-5(c)(1)“The following persons having reasonable cause to believethat suspected child abuse has occurred shall report orcause reports of such abuse to be made as provided inthis Code section: (H) School teachers(I) School administrators(J) School counselors and social workers. . .(M) Child service organization personnel”13

Program Requirements: ProceduresMandated ReportingChild abuse includes:Physical Abuse:intentional injury ordeath inflicted by aparent/caretakerSexual Abuse:Emotional Abuse:any attitude orbehavior negativelyinterfering withchild’s development14See O.C.G.A. 19-7-5Neglect:allowing a child toexperienceavoidable sufferingor failing to providebasic essentialswhen an adult orolder child employs,uses, persuades,induces, entices achild to engage inany sexual act

Program Requirements: ProceduresMandated Reporting In 2015, 126,963* reports were made to the GeorgiaDivision of Family and Children Services (DFCS). Of those reports, 17,615* or 14% were substantiated aschild abuse or neglect. DFCS suspects child abuse orneglect is underreported. Effects of child abuse and neglect include: Developmental delays Poor physical, emotional, and mental health intoadulthood Social difficulties Poor school performance Behavioral problems15*Data from GA DFCS for State Fiscal Year 2015

Program Requirements: ProceduresMandated ReportingKSU Programs Serving Minors Policy Language: “Mandatory Reporting – Any Authorized Individual whoknows, suspects, or receives information indicating that aminor has been abused or neglected must report theconcern as soon as possible (but within 24 hours) to the KSUDept. of Public Safety and Police and Georgia Dept. ofHuman Services, Division of Family and Children Services (1855-GACHILD (422-4453)). The Program Sponsor shouldalso be notified.” An Authorized Individual is any person authorized by KSU tohave direct contact with minors. An Authorized Individualmay be faculty, staff, volunteer, student, intern, or anindependent contractor/consultant.16

Program Requirements: ProceduresMandated Reporting Any Authorized Individual who knows, suspects, orreceives information indicating that a minor has beenabused or neglected must report the concern to gethelp for the minor. Failure to Report: Anyone “who knowingly and willfullyfails to do so shall be guilty of a misdemeanor.” O.C.G.A.§ 19-7-5(h). It is NOT the Authorized Individual’s role to investigatethe concern, including any injuries or anything theminor has revealed.17

Program Requirements: ProceduresCodes of Conduct: Staff, Volunteers, and Program Participants Codes of Conduct are available php The Codes of Conduct help to ensure: Appropriate interaction between programstaff/volunteers & program participants Provides for a safe environment for programparticipants and program staff/volunteers 18Codes of Conduct must be signed by: Authorized Individuals Program Participants

Program Requirements: ProceduresCodes of Conduct for Staff and Volunteers: HighlightsProgram Staff or Volunteers may not: Engage in private communications with minors (includingcommunications via text messaging, e-mail, phone, Facebook,Instagram, on-line games or other forms of social media). Meet with minors outside of established program locations and times. Engage in sexual or otherwise inappropriate banter in presence ofminors. Give gifts to minors without parental/guardian knowledge. Use profanity, vulgarity or harassing language in presence of minors. Transport minors, unless specifically cleared with Program Sponsorand part of Program.19

Program Requirements: ProceduresCodes of Conduct: Staff, Volunteers, and Program ParticipantsWhy necessary? KSU has a duty to operate all programs serving minorsin a safe manner Breach of duty may include: Lack of supervision of program participants, staff, or both Failing to communicate adequate rules to programparticipants, staff or both Failing to abide by KSU policies and procedures, federal orstate law20

Program Requirements: ProceduresSafety PlanningProgram Sponsors must provide safety awarenessinformation to all Authorized Individuals. Information shouldinclude: KSU Office of Emergency Management information:http://oem.kennesaw.edu/ A plan for injury, inclement weather, other possibilities. First Aid Procedures Campus Automated External Defibrillator (AED) locations Outdoor activities/shelter in place for inclement weather Emergency notification procedures21

Program Requirements: ProceduresIncident Reporting For Medical and/or Life Threatening Emergencies Call: 470-578-6666: KSU Department of Public Safety & Police 911 KSU Department of Public Safety & Police non-emergency - 470-5786206 Program participants’ emergency contact information should bereadily available, and immediately utilized in case of emergency. Program Sponsors must submit an Accident/Incident Report to KSUEnvironmental Health and Safety Department within 24 hours at:http://ehs.kennesaw.edu/incident reporting.php For information on reporting additional concerns or ntreporting.php22

Additional Information: Relevant KSU Policies Compliance with KSU’s Non-Discrimination Policy &Federal Civil Rights & Anti-Discrimination Laws Title VII Title IX Americans with Disabilities Act (“ADA”) Compliance with the Clery Act Report concerns regarding violations of these policiesat: http://concern.kennesaw.edu/23

Additional Information: Relevant KSU Policies KSU’s Non-Discrimination Policy requires compliancewith federal law (including Title VII, Title IX, and theADA) to prohibit discrimination on the basis of: 24Sex and genderRaceReligionVeteran statusAgeDisabilityPregnancyConcerns regarding violations to this policy may bereported here: http://concern.kennesaw.edu/

Additional Information: Relevant KSU PoliciesClery Act The Clery Act requires Campus Security Authorities(“CSAs”) to report crimes occurring on universityproperty. A CSA includes a person having significantresponsibility for student and campus activities. Program Sponsors and Authorized Individualsshould report crimes occurring on universityproperty to Kennesaw State Police: 470-578-6666 or 911 (emergency) 470-578-6206 (non-emergency) Police@kennesaw.edu25

Additional Information: Relevant KSU PoliciesClery Act: What is University Property? On Campus (Kennesaw, Marietta, Paulding) Public property within or immediately adjacentto campus Non-campus buildings that KSU owns orcontrols and that are used to support theinstitution’s educational purpose26

Additional Information: Best PracticesIn addition to information in prior slides, additionalrecommended best practices for Program Sponsors include: Closely following the Program Checklist Form php Discussing (in detail) program codes of conduct, reportingprocedures, and additional expectations with allAuthorized Individuals prior to program start27

Additional Information: Best PracticesProgram Sponsors should ensure Authorized Individual toProgram Participant ratios are followed:Day Programs:28Overnight Programs:ProgramParticipant AgeRatio of AuthorizedIndividual to ParticipantsProgramParticipant AgeRatio of AuthorizedIndividual to ParticipantsAges 4-51:6Ages 4-51:5Ages 6-81:8Ages 6-81:6Ages 9-141:10Ages 9-141:8Ages 15-171:12Ages 15-171:10

Additional Resources: KSU WebsiteThe KSU Programs Serving Minors websiteprovides this presentation, required training,forms, and other resources for program sponsorsto utilize: protectingminors.kennesaw.edu.29

Thank You!Thank you for running wonderful programs andfor all your efforts to keep children safe. Theseprograms are so important for the children, KSUand the Metro Atlanta community.30

CERTIFICATE OF TRAININGNAME (please print)has completed KSU specific Programs Serving Minors Training.Signature31Date

Kennesaw State University is committed to providing a safe environment for youth to grow, learn, and have fun while participating in University sponsored programs, or programs operated by third parties on KSU's campus. This training is provided to certain personnel who work with minors. It is our goal to balance the need to keep