KSU Programs Serving Minors New Policy and Procedures Orientation
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1 KSU Programs Serving Minors New Policy and Procedures Orientation Presenters and Lead Discussion Participants Zachary Kerns Nwakaego Nkumeh Janet Nash Ann Schroeder Interim Executive Director and Assistant General Manager KSU Sports and Entertainment Park (future Office of Events, Camps and Conferences) Associate Legal Counsel Division of Legal Affairs Risk Manager Office of the Assistant VP of Facilities Services Office of Enterprise Risk Management (OERM) Employment Manager Human Resources 1 Last Updated 04/26/2017
2 Agenda Welcome and Introductions KSU s Programs Serving Minors Policy and Website Who is Affected (Exempt and Non-Exempt) Program Registry Review and Approval Process Program Requirements Additional Information Discussion, Questions and Answers 2
3 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 nonenrolled minors must be registered and approved by KSU annually 3
4 Who is Affected? Programs: Activities serving non-enrolled minors operated by KSU or Third Party Organizations in a KSU facility. Exempt Activities: Activities on campus open to the general public where minors attend at discretion of parent/guardian Programs designed for enrolled University students Non-residential field trips to KSU supervised by a minor s school or organization Student recruitment activities that will last no longer than 1 day and do not include an overnight stay National tests offered by KSU Testing Center Non-Exempt Activities: Sports camps Academic camps Workshops Mentoring activities Specific conferences Internships Research projects 4 Reminder: Exempt Activities utilizing KSU facilities must go through standard KSU review/approval procedures by Events, Legal, Procurement, and Risk/Insurance.
5 Program Registry Review and Approval Process Before the program activities involving the minors occur, the program must be submitted to the KSU Minors Program registry process for review and approval: The Program Sponsor submits a program request to a Sponsoring Unit for Approval The Sponsoring Unit reviews/approves the request The program undergoes Annual Compliance Reviews Review includes certification that: All activities are consistent with KSU s mission Appropriate funding is in place Requisite Authorized Individual training, licensing requirements, housing and transportation needs, and other logistics will be in place prior to the start of the program Legal: Licensing, Program Forms, Facilities Use Agreement(s) and other agreements HR: Background Investigations for Authorized Individuals OERM: Risk/Insurance Coverage Event Management Compliance 5 NOTE: Approval of a program does not guarantee facility availability or usage
6 Program Requirements: Legal Review Division of Legal Affairs must review all licensing, program forms, facilities use agreement(s) and other agreements before the program activities involving the minors occur. 6
7 Program Requirements: Program Forms Program Sponsors for University Affiliated programs must maintain: Program Participants Forms: Liability Waiver and Release Emergency Contact, Medical Information & Authorization for Medical Care Participant Conduct Agreement KSU Pick-up Authorization Program Sponsors and Authorized Individuals Forms: Program Implementation Checklist Staff & Volunteer Code of Conduct KSU Volunteer Agreement KSU Registered Visitor (formerly Long Term Visitor) All KSU forms may be found here: 7
8 Program Requirements: Document Retention Program Sponsors are responsible for keeping Program Participant records for University Affiliated Programs. Per the BOR, any participant record must be kept for 3 years after the Participant reaches the age of 18. Other program records should be kept in accordance with BOR retention policies: 8
9 Program Requirements: Background Investigations All Authorized Individuals with primary responsibilities involving direct interaction with minors are required to have a current satisfactory background check on record prior to beginning work with minors. University Affiliated Activities Third Party Activities HR will conduct background investigations for all Authorized Individuals (including KSU faculty, staff, & volunteers utilizing the KSU Registered Visitor form (formerly Long Term Visitor form ).* Background investigations must be performed on returning Authorized Individuals every 3 years. All Volunteers must also fill out the Volunteer Agreement Form. * Fees are the responsibility of the KSU Program/Sponsoring Unit Third Party Programs will enter into a Facility Use Agreement or License Agreement. Agreements include satisfactory background. investigation requirements. ** Reminder: Third Party programs and their employees/contractors should utilize the KSU Registered Visitor form (formerly Long Term Visitor form) when appropriate. ** Fees are the responsibility of the Third Party Program/Organization 9
10 Program Requirements: Risk/Insurance Kennesaw State University staff and volunteers are covered by the State for Liability Insurance while acting within the scope of their official duties or employment. O.C.G.A et seq. This does NOT cover any program participants accidental injuries occurring during program. The Office of Enterprise Risk Management (OERM) will review KSU Affiliated Programs to determine the necessity of procuring Accidental Injury Insurance or other specialty coverages. Contact KSU Risk Management with questions: 10
11 Program Requirements: Procedures Required Training Reporting Procedures: Mandated Reporting of Child Abuse Incident Reporting Codes of Conduct for Staff, Volunteers, and Program Participants Safety Planning Program Sponsors should utilize the Program Checklist Form: 11
12 Program Requirements: Procedures Required Training Effective May 1, 2017, all Authorized Individuals are required to complete annual KSU approved training before they begin working with minors Training is available for Authorized Individuals and third parties at our website: Program Sponsors are responsible for: ensuring all Authorized Individuals complete required training maintaining training certifications for Authorized Individuals 12
13 Program Requirements: Procedures Mandated Reporting Any Authorized Individual who knows, suspects, or receives information indicating that a minor has been abused or neglected must report the concern to get help for the minor. Failure to Report: Anyone who knowingly and willfully fails to do so shall be guilty of a misdemeanor. O.C.G.A (h) It is NOT the Authorized Individual s role to investigate the concern, including any injuries or anything the minor has revealed. 13
14 Program Requirements: Procedures Mandated Reporting Child abuse includes: Physical Abuse: intentional injury or death inflicted by a parent/caretaker Emotional Abuse: any attitude or behavior negatively interfering with child s development Neglect: allowing a child to experience avoidable suffering or failing to provide basic essentials Sexual Abuse: when an adult or older child employs, uses, persuades, induces, entices a child to engage in any sexual act 14 See O.C.G.A
15 Program Requirements: Procedures Incident Reporting For Medical and/or Life Threatening Emergencies call: : KSU Department of Public Safety & Police 911 For Non-emergencies call: : KSU Department of Public Safety & Police Program participants emergency contact information should be readily available, and immediately utilized in case of emergency. Program Sponsors must submit an Accident/Incident Report to KSU Environmental Health and Safety Department within 24 hours at: For information on reporting additional concerns or issues: 15
16 Program Requirements: Procedures Codes of Conduct: Staff, Volunteers, and Program Participants Codes of Conduct are available at: The Codes of Conduct help to ensure: Appropriate interaction between program staff/volunteers & program participants Provides for a safe environment for program participants and program staff/volunteers Codes of Conduct must be signed by: Authorized Individuals Program Participants 16
17 Program Requirements: Procedures Codes of Conduct for Staff and Volunteers: Highlights Program Staff or Volunteers may not: Engage in private communications with minors (including communications via text messaging, , 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 of minors. 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 Sponsor and part of Program. 17
18 Program Requirements: Procedures Safety Planning Program Sponsors must provide safety awareness information to all Authorized Individuals. Information should include: KSU Office of Emergency Management information: 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 procedures 18
19 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 policies at: Other KSU Policies that may be relevant (depending upon the type of event/activity) are at: 19
20 Additional Information: Best Practices Program Sponsors should ensure Authorized Individual to Program Participant ratios are followed: Day Programs: Program Participant Age Ages 4-5 1:6 Ages 6-8 1:8 Ages :10 Ages :12 Ratio of Authorized Individual to Participants Overnight Programs: Program Participant Age Ages 4-5 1:5 Ages 6-8 1:6 Ages :8 Ages :10 Ratio of Authorized Individual to Participants 20
21 Additional Resources: KSU Website The KSU Programs Serving Minors website provides this presentation, required training, forms, and other resources for program sponsors to utilize: protectingminors.kennesaw.edu. 21
22 Future Support and Compliance KSU Venue and Event Management Program Coordinator/Manager for all Programs Serving Minors Online Registry System Development The Office of Financial Management, Compliance Department annual compliance monitoring More information to come 22
23 Discussion, Questions, and Answers Legal, HR, and Risk/Insurance are reaching out to program sponsors separately to be pro-active, however the Program Sponsors are ultimately responsible for meeting program policy and procedures compliance! Important Reminder: Program Sponsors should reach out to Legal, HR, and Risk/Insurance if they have not already done to ensure your program is in compliance beginning May 1, Thank you for attending! 23
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