Protection of Minors on Campus (Policy 99)

1. Purpose
   1. Governors State University (GovState) recognizes that minors are often present on campus, whether they are participating in programs designed for them or merely accompanying adult members of the GovState community. This Protection of Minors on Campus Policy (the “Policy”) informs the reader of duties that arise when interacting with minors on University grounds or events and provides guidance to ensure that every interaction involving minors on campus is carried out ethically, responsibly, and in accordance with all applicable laws, policies, and regulations.

2. Scope

   This Policy applies to all members of the GovState community who may work or interact with individuals under the age of eighteen (18) who are participating in Programs, regardless of whether the Program is on- or off-campus.

3. Definitions

   As used in the Policy, the following terms shall have the meanings below, whether capitalized or not. 

   1. Minor: For purposes of this Policy, any person under the age of eighteen (18) who is not Minors are defined as persons under the age of 18, unless they are legally emancipated. 

   2. Program. (i) An event, activity,   class, or training (ii) sponsored by the University or held on University premises and (iii) designed for Minors as the target audience, (iv) during which members of the GovState community engage with such Minors. 

      This includes, but is not limited to, camps, lessons, workshops, clubs, teams, projects, practices, tours, or open-houses. The term Program also includes Non-University-Sponsored Programs, such as those sponsored by Registered Student Organizations, that serve minors and that are conducted on University premises.

      This term does not include off-campus events or activities in which a person may engage with Minors that are unrelated to that person’s status as a member of the University, faculty, staff, or student body. Nor does it include events that are open to the general public that are not targeted toward children, such as University athletic competitions, plays, and concerts.

   3. University-Sponsored Program: an event or activity that is directly managed by University faculty or staff on behalf of the University.
   4. Non-University-Sponsored Program: an event or activity that is not operated on behalf of the University or under the University’s control.
   5. Child Abuse: an action that causes or creates the risk of causing a child (by other than accidental means): physical injury; death; disfigurement; harm to physical or emotional health; or loss of impairment of any body function. Child abuse also includes any act of sexual abuse, torture, or severe punishment. Child abuse can be committed by a parent or any other person who has continuing access on a regular basis to the child. (IL Dept of Human Services website - Illinois Department of Human Services- Definition of Child Abuse and Neglect ) 
   6. Child Neglect: occurs when a parent or any person the child depends on abandons the child; or fails to give the proper or necessary support, education, medical, or other care needed for the child’s well-being. 
   7. Physical Abuse: any nonaccidental physical injury to the child, including striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child. It also includes acts or circumstances that threaten the child with harm or create a substantial risk of harm to the child’s health or welfare.
   8. Sexual Abuse: committing or allowing to be committed any of the following: transmission of a sexual disease; sexual penetration; sexual molestation; sexual exploitation; or placing a minor at risk of sexual harm.
   9. GovState Community: includes but is not limited to the following: GovState administration, faculty, staff, other employees, postdoctoral, visiting scholars, and currently-enrolled students; GovState Contractors; and GovState volunteers.
   10.  GovState Contractor: an individual retained by GovState under contract to provide services and/or support for programs designed to include minors.
   11. GovState Volunteer: an uncompensated individual who is authorized by a GovState department or unit to: (i) perform civil, charitable, or humanitarian services related to the business of or in support of GovState activities designed to include minors; or (ii) 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.

1. Statement

   Governors State University imposes the following duties and requires the following safeguards to ensure the protection of minors on campus, whether they are participating in activities designed for them or merely accompanying adult members of the GSU community. Everyone who is on GSU premises shall comply with applicable federal and state laws to provide a safe environment for minors.

2. Requirements
   1. Duties on Individuals
      1. To report abuse or neglect of minors
         1. To DCFS: Pursuant to the Abused and Neglected Child Reporting Act (ANCRA), 325 ILCS 5, All GovState employees who have reasonable cause to believe that a minor child known to them in their official University capacity is a victim of child abuse or neglect MUST report the information to the Department of Children and Family Services (DCFS) at 1-800-25-ABUSE as soon as the abuse or neglect is suspected. Failure to do so may result in criminal charges against the person who fails to report. If the minor is injured or in immediate danger, 9-1-1 must be called immediately. GovState students are encouraged to report any abuse or neglect.
         2. To Campus Police: In addition to notifying DCFS, if the threat to the minor is observed on campus and appears imminent, the reporter must immediately contact the Dept. of Public Safety at (708) 534-4900 or call 9-1-1. Failure to do so may result in sanctions imposed by the University.

      2. To cooperate

         All members of the GSU community must cooperate with any investigations of alleged child abuse or neglect, including DCFS-initiated, law enforcement-initiated, or internal investigations. Every member of the GSU community must also cooperate with investigations of alleged violations of this Policy and any applicable campus investigations or procedures.

      3. To self-educate
         1. Every GovState employee shall complete University-mandated training regarding the requirements of this Policy and sign a certification acknowledging completion of the 
            training.
         2. Every GovState employee shall acknowledge their duties as mandated reporters of child abuse or neglect by signing a certification form prescribed by DCFS.

      4. To submit to background checks

         All employees, clinical students, and volunteers of the GovState community who are responsible for the supervision and care of minors, or whose duties would require  close interaction with minors who are not enrolled or accepted for enrollment at GovState, must

         1. Undergo a criminal background check and sex-offender registry check in accordance with University procedures for such checks;
         2. Disclose every prior conviction of misdemeanor or felony arrests, except for those offenses that have been expunged under the laws of the convicting jurisdiction or those that were adjudicated as a juvenile; and
         3. Inform GovState Human Resources and/or supervisor of any subsequent charges or 
            convictions of any misdemeanor or felony offenses in any jurisdiction, or placement 
            onto any sex offender registry.
      5. Duties on Groups
         1. To maintain up-to-date information

            1. Governors State University

               The Provost Office shall maintain an up-to-date report of all current GovState programs designed for minors not enrolled or accepted for enrollment at GovState. The report, at a minimum, must include details on program location/facility, dates and times of activities, age range of participants, and estimated number of participants. Each program listed must have the contact information of two designated individuals responsible for arrangements ensuring the safety of all participants in the event of an emergency.

            2. Program-Sponsoring Units or Departments

               Units sponsoring programs that include minors and University facilities that are used by activities including minors must maintain an up-to-date list of details regarding their program(s) that includes, but is not limited to, each program’s dates, times, locations, attendance (age range and number of 5 participants), description of activities, activity contact, and the appropriate course of action to address health and safety.

         2. To register activity

            Units sponsoring programs that include minors and University facilities that are used by activities including minors must, at least fourteen (14) days before the start of the Program, submit information about the Program to the Director of Public Safety by completing the Activity with Minors Event Form and send a copy to the GovState official responsible for compliance with this Policy.

         3. To have a plan in place

            Units sponsoring programs that include minors shall have a plan in place, enforce, and make available upon request a plan or policies that address the following areas, if applicable to the activity:

            1. Transportation: including the transportation of minors at the beginning and end of the activity, to and from the activity, and within the program, whether by parents, guardian, staff, or others. All such activities must comply with existing University policies regarding drivers and vehicles.
            2. Emergencies: procedures dealing with emergencies, including weather, natural disasters, and first aid.
            3. Supervision: number and identity of staff, including supervisors and descriptions of roles for each staff member; identify proper ratio of supervisors/staff to number of minors expected.
            4. Overnight stays: must address these additional areas:
               1. Identification to be worn by staffers and participants, if appropriate
               2. Curfew
               3. Code of Conduct for participants
               4. Contractual agreements regarding housing, transportation, or other services entered into as a result of activities involving minors must include compliance with this Policy as a term of the contract. When appropriate, such agreements shall include an indemnification provision holding GovState harmless for the acts or omissions of other activity participants or third-party employees or agents.
               5. Appropriate physical contact and communication by staff members with the minor participants, taking into account the age of the minors and the nature of the activities.
               6.  Statement to minor participants about ways to report issues
               7. Appropriate forms to require from parents/guardians, including permission forms, medical contact information, and liability waivers
               8. Description of activity involved, including level of physical contact between staffers and participants

         4. Duties Regarding Background Checks

            1. GovState shall require, at a minimum, a criminal background check and sex-offender registry check for the following members of the GSU community involved in activities designed for minors:

               1. Directors and/or supervisors of such Programs or activities
               2. Those whose duties require close contact and/or along time with minors as part of their responsibilities; and 
               3. Those who stay overnight with minors as part of their responsibilities

               GovState may require additional background checks or the background checks of other individuals not described above, as it deems appropriate.

            2. No member of the GovState community whose background check shows a conviction of any offense that bears on that person’s suitability to work with minors, including but not limited to offenses related to abuse or neglect or a minor or any sex-related offense, or placement onto a sex offender registry, shall be permitted to be responsible for the supervision or care of minors, or to perform duties requiring close contact and/or alone time with minors, except upon review and approval by the appropriate University official(s).
            3. If GovState learns of other, non-conviction-related information that bears on the suitability of any member of the GSU community to have close contact with or alone time with minors, such information may be considered by the appropriate University official(s) in accordance with its procedures to determine whether to prohibit or limit that person’s contact with minors or to limit that person’s role in the program or activity.
            4. If extenuating circumstances arise that make background checks impracticable, such as the need for numerous volunteers within a short lead time, units or departments sponsoring programs that include minors may do the following as an alternative to background checks: (i) record the name and contact information for each individual prior to the program’s start date; (ii) check the recorded names against the online sex offender registry and disqualify anyone whose name appears on the registry; and (iii) require individuals to show a valid photo ID upon program check-in.

            Before allowing this exception to the background check requirement, the appropriate University official(s) should consider the duration of the event, the existence and duration of one-on-one or alone time with minors, the existence of overnight stays, and the length of time since the individual in question was last required to submit to a background check, if any.

         5.  Department Head of the unit or department sponsoring the program has the ultimate responsibility for compliance with this Policy.

3. Retaliation

   Retaliatory acts against any person who makes a good faith report or complaint alleging violation under this Policy, and/or who cooperates in the investigation and administration of such complaints, will be handled in accordance with protections for whistleblowers provisions contained in both GSU policy and Section 15-10 of the Illinois Officials and Employee Ethics Act, 5 LCS 430/15-10. 

4.  Sanctions for Violations of This Policy

   Failure to comply with provisions of this Policy may result in cancellation of the event and/or discipline in accordance with GSU policies, up to and including termination of employment, dismissal from the University, issuance of No-Trespass notices, and/or disqualification from participation in future volunteer activities. 

   Knowingly making a false report or complaint under this Policy, or knowingly providing false or 
   intentionally misleading information during an investigation, may result in disciplinary action up to 
   and including termination of employment and/or dismissal from the University. 

Delegation of Authority

The President delegates joint authority to the Provost’s Office and Office of University Events to develop procedures to effectuate and enforce this Policy.