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KSU Programs Serving MinorsNew Policy and ProceduresOrientationPresenters and Lead Discussion ParticipantsZachary KernsInterim Executive Director and Assistant General ManagerKSU Sports and Entertainment Park (future Office of Events, Camps and Conferences)Nwakaego Nkumeh Associate Legal CounselDivision of Legal AffairsJanet NashRisk ManagerOffice of the Assistant VP of Facilities ServicesOffice of Enterprise Risk Management (OERM)Ann SchroederEmployment ManagerHuman Resources1Last Updated 04/26/2017
Agenda Welcome and Introductions KSU’s Programs Serving Minors Policy andWebsite Who is Affected (Exempt and Non-Exempt) Program Registry Review and Approval Process Program Requirements Additional Information Discussion, Questions and Answers2
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 Checklist s.php11
Program Requirements: ProceduresRequired Training Effective May 1, 2017, all Authorized Individuals are requiredto complete annual KSU approved training before they beginworking with 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 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.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: ProceduresIncident Reporting For Medical and/or Life Threatening Emergencies call: 470-578-6666: KSU Department of Public Safety & Police 911 For Non-emergencies call: 470-578-6206: KSU Department of Public Safety & Police 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.php15
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 16Codes 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.17
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 procedures18
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/ Other KSU Policies that may be relevant (dependingupon the type of event/activity) are at:https://policy.kennesaw.edu/19
Additional Information: Best PracticesProgram Sponsors should ensure Authorized Individual toProgram Participant ratios are followed:Day Programs:20Overnight 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.21
Future Support and Compliance KSU Venue and Event Management Program Coordinator/Manager for all ProgramsServing Minors Online Registry System Development The Office of Financial Management, ComplianceDepartment annual compliance monitoring More information to come22
Discussion, Questions, and Answers Legal, HR, and Risk/Insurance are reaching out to programsponsors separately to be pro-active, however the ProgramSponsors are ultimately responsible for meeting program policyand procedures compliance! Important Reminder: Program Sponsors should reach out to Legal,HR, and Risk/Insurance if they have not already done to ensureyour program is in compliance beginning May 1, 2017. Thank you for attending!23
KSU Programs Serving Minors Policy USG BOR Policy 12.9 (Programs Serving Minors) directs all USG schools to develop a Programs Serving Minors policy KSU Programs Serving Minors website: protectingminors.kennesaw.edu Beginning 5/1/17, any Program involving non-enrolled minors must be registered and approved by KSU annually
