Pol-Youth Protection Program
policy modified Wed Sep 20 2023 11:38:39 GMT-0400 (Eastern Daylight Time)
University of Louisville
Youth Protection Program
January 1, 2013
This policy applies to the University Community (administrators, faculty, staff, and students) and visitors.
REASON FOR POLICY
The University of Louisville (University) is committed to the health, safety, and welfare of Minor Participants in University-sponsored programming held on and off University property.
The intention of this policy is to define the requirements of University employees, students, volunteers, and sponsored Third-Party Programs when Minors participate and are involved in University Programs and camps.
I. Program Registration
All University activities that involve a Minor, regardless of location, must be registered with the Department of Enterprise Risk and Insurance. Annually occurring Programs must be registered prior to August 1st for the following academic year. New Programs must be registered at a minimum of sixty (60) days prior to the start date of the Program. Program registration should be in accordance with the Youth Protection Program Handbook.
Other than registration, the remaining portions of this policy will exclude the following:
- Undergraduate and graduate academic programs in which minors are enrolled or accepted for enrollment for academic credit;
- Events that are open to the general public which minors may attend at the sole discretion of their parent or guardian;
- Events in which a Minor is accompanied by a parent, guardian, teacher, or coach who will provide and be responsible for supervision of the minor at all times;
- Programs that have been approved by the Institutional Review Board (IRB);
- Inpatient or outpatient medical, dental, or psychological care provided to a Minor in a clinical setting; and
- Normal operations of licensed childcare facilities.
Any activity that involves a Minor or may involve a Minor in any capacity must register the event, activity, program, camp, etc. with the Department of Enterprise Risk and Insurance for review and assessment of specific Program requirements. Aside from the limited exceptions noted above, if the University is providing care, custody or control of a minor, all Youth Programs, Sponsoring Units, Program Directors, Authorized Adults, and Participants will be subject to this policy, the Reporting Abuse of Minors Policy, and to the more detailed procedures and guidelines in the Youth Protection Program Handbook.
II. Mandated Reporting
According to Kentucky Statue, as Mandated Reporters, if any, University employee, Sponsoring Unit, Program Director, or Authorized Adult has reasonable suspicions of Abuse, Neglect, or Dependency of a Minor they must report it in accordance with the Reporting Abuse of Minors Policy and the Youth Protection Program Handbook. Any person who makes a report in accordance with these policies is protected by University anti-retaliation policies, harassment, termination, or any other loss as it applies to employment or enrollment in relation to said reporting. See the Youth Protection Program Handbook for reporting procedures.
III. Incident Reporting
All incidents, Class I and II, involving Participants, Authorized Adults or others affiliated with the University, must be reported to the Department of Enterprise Risk and Insurance on the Youth Protection Program – Incident Report form in accordance with the Youth Protection Program Handbook. The Department will report the incident to other necessary parties for investigation and review the report for additional processing, trends, and tracking.
IV. Background Checks
Prior to the start of a Program, all Program Directors and Authorized Adults must have a verified current criminal background check. Background checks are required at a minimum of every three (3) years if there is no separation in employment or enrollment with the University of more than twelve (12) months. If a separation of more than twelve (12) months occurs, a new criminal background check is required.
Annually a Self-Disclosure Report must be completed to notify the Program Director of any changes to a background check record. Based on the Self Disclosure Report, the Program Director reserves the right to require a repeat criminal background check. All criminal background checks must be completed in accordance and at the level of described in the Youth Protection Program Handbook.
All Program Directors and Authorized Adults must complete training annually in accordance with the Youth Protection Program Handbook. Program Directors, in consultation with the Youth Protection Officer, reserve the right to enhance the training requirements based on the Program’s specific needs. Training must include, at a minimum, training regarding Abuse or sexual Abuse of Minors, preventative measures, and mandated reporting requirements.
VI. Participant Release
All Minors participating in a Program under the purview of the Youth Protection Program must have Release and Medical Information forms signed by the Minor’s parent or guardian for risks involved with Program participation and other medical concerns. Additional Program specific risks not included in the release may be added as an addendum with the approval of the Department of Enterprise Risk and Insurance. See the Youth Protection Program Handbook for processing.
VII. Program Approval
All Programs must be approved by the Department of Enterprise Risk and Insurance for compliance in accordance with the Youth Protection Program Handbook at a minimum of fourteen (14) days prior to the start of the Program. The Department of Enterprise Risk and Insurance will review all Program documentation and electronically notify the Program Director that their Program follows this policy, the Youth Protection Program Handbook, and the Reporting Abuse of Minors Policy.
No Program may start or operate without approval from the Department of Enterprise Risk and Insurance.
VIII. Adequate Supervision
All activities involving minors must be supervised by at least two or more Authorized Adults, or by their parent or guardian, at all times. When determining "adequate supervision", it is important to consider the number and age of Participants, the activity or activities involved, type of housing if applicable, and age and experience of the Authorized Adults. To provide adequate supervision, the University follows the American Camp Association guidelines for ratios for the number of Authorized Adults to Participants for any Programs. See the Youth Protection Program Handbook for specific ratios based on the age and operation type.
IX. Third-Party Programs
All Third-Party Programs must have a University Sponsoring Unit. Third-Party Programs are required to comply with this policy, the Reporting Abuse of Minors Policy, and the Youth Protections Program Handbook which includes the following:
- Establish a contractual License Agreement with the University’s Sponsoring Unit;
- Provide proof of liability insurance in accordance with the requirements provided in the Youth Protection Program Handbook;
- Comply with contractual agreements of criminal records checks, training, and mandated Abuse reporting requirements; and
- Complete the same registration and approval process, via the Sponsoring Unit, as other University-sponsored programs.
X. Youth Protection Program Review
The University reserves the right to make modifications as necessary. However, at a minimum of every three (3) years, the Youth Protection Program Policy will be reviewed and updated for any necessary changes based on federal, state, and local laws and best practices. The Youth Protection Program Handbook will be updated annually to reflect changes to necessary business operations for the upcoming academic year.
XI. Abuse of Minors Prohibition
The University holds itself and community partners to high standards of conduct, including requirements to act ethically and with integrity. Any form of Abuse, sexual or otherwise, of a Minor by anyone affiliated with the University is strictly prohibited, regardless of their employment status, role, tenure, volunteerism, or contract. All reported matters will be promptly reviewed and addressed. Individuals found to have abused a Minor will be subject to disciplinary action.
XII. Policy Compliance
Any violations or non-compliance with this policy, or any of the associated policies, may result in the suspension or termination of a Program or Authorized Adult. Violations of University policies by an employee or student will be dealt with in accordance with applicable University policies and procedures, which may include disciplinary actions up to and including, termination or legal prohibitions regarding physical presence on campus (trespassing).
Abuse. A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by inflicting, allowing, creating risk, or exploiting a Minor by physical, emotional, or sexual injury.
Adult. In accordance with Kentucky State law KRS 385.012, “Adult” means an individual who has attained the age of eighteen (18) years.
Authorized Adults. Individuals paid or unpaid, who have been approved to interact with, supervise, chaperone, or reasonably be anticipated to have contact with a Minor in programs sponsored by the University. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, Third-Party Programs and independent contractors or consultants. The Authorized Adult’s roles may include positions such as counselors, coaches, instructors, etc.
Class I Incident. Incidents involving suspected Abuse of a Minor that mandate reporting to Child Protective Services and the University Police Department or an injury or illness that require emergency medical services.
Class II Incident. Any other incident, injury, illness that occurs necessitating first aid and/or parent or guardian notification.
Dependency. A Minor who is under improper care, custody, control, guardianship that is due to an intentional act of the parent, guardian, or person exercising custodial control.
Lead Authorized Adult. An Authorized Adult that is at a minimum of twenty-one (21) years of age approved to provide supervision of Minors.
Mandated Reporter. Any person who has reasonable cause to believe a Minor is Dependent, neglected or abused including but not limited to all University employees, students, volunteers, and sponsored Third-Party Programs.
Minor. In accordance with Kentucky State Law KRS 385.012(11), a “Minor” means and individual who has not attainted the age of eighteen (18) years.
Neglect. A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by repeatedly failing, abandons, or does not provide adequate care or provisions for a Minor.
Program. An activity, event, and/or camp offered by various academic, administrative, and athletic units of the University, or sponsored Third-Party Programs using University Facilities. This may include but is not limited to workshops, sport camps, academic camps, conferences, job shadowing, research assistant, outreach activities, summer camps, private lessons, tutoring, or cooperative extension Programs, and similar activities.
Program Director. This is the responsible party for the general operations of a Program, required documentation, and point of contact for the Program that Minors would attend. This is also the University contact for any Third-Party Programs.
Sponsoring Unit. The Dean, Vice President/Chair or designee of an academic school, administrative unit, athletic unit, or department of the university which sponsors and authorizes a program or authorizes a Third-Party Program to use a university facility.
Third-Party Program. Programs that utilize University Facilities and are offered by an individual or entity that is not affiliated with the University of Louisville, and have a Participant group made up, in whole or in part, of Minors. The third-party individual or entity assumes full and primary responsibility for the supervision of the Minors. Such groups may include but are not limited to organized civic, cultural, service, religious, industrial organizations; public school groups; and college and University groups with memberships not solely restricted to University employees and students.
University Facilities. Facilities owned by, leased by, or under the control of, or on the property of, the University.
Youth Protection Officer. The person responsible for the implementation of the University’s Youth Protection Program. The Youth Protection Officer will work in collaboration with other support departments as necessary. The Youth Protection Officer reports to the Director of Enterprise Risk and Insurance.
Youth Protection Program Handbook. The University of Louisville Handbook for the Youth Protection Program detailing guidelines and procedures for programs involving Minor participants and compliance with the Youth Protection Program Policy.
All procedures, forms, and Youth Protection Program details are outlined in the Youth Protection Program Handbook.
All Sponsoring Units, Program Directors, and Authorized Adults must abide by the requirements outlined in this policy, the Reporting Abuse of Minors Policy, and the Youth Protection Program Handbook when working with Minors. Any behavior or contact between Adults, Authorized Adults, participants, and other program participants that violates approved program activities, established law, University policies and procedures, or other relevant policies is prohibited.
Vice President for Risk, Audit, and Compliance
RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION
Department of Enterprise Risk and Insurance
Youth Protection Officer
215 Central Avenue, Suite 205
Louisville, KY 40208
Revision Date(s): April 1, 2020; September 14, 2023
Reviewed Date(s): April 1, 2020; September 14, 2023
The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.