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, activities, and camps.

Additionally, this policy is to define and inform University employees, students, volunteers, and Third-Party Programs of their reporting requirements, as state Mandated Reporters of suspected Abuse, Neglect, or Dependency of a Minor.

The University of Louisville (University) is committed to the health, safety, and welfare of Minor Participants in University-sponsored Programs held on and off University property and complying with the laws regarding Mandated Reporting of known or suspected Abuse, Neglect, or Dependency of a Minor.

Youth Protection Program

I. Program Registration

All University activities that involve a Minor, regardless of location, must be registered with the Department of Enterprise Risk and Insurance (ERI). Registration must occur prior to the start date of the Program and be in accordance with the Youth Protection Program Handbook.

Other than the Program’s registration and mandated reporting requirements, the remaining portions of this policy will exclude the following:

1. Undergraduate and graduate academic Programs in which Minors are enrolled or accepted for enrollment for academic credit;
2. Events that are open to the general public, do not require registration, and Minors may attend at the sole discretion of their parent or guardian;
3. 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;
4. Programs that have been approved by the Institutional Review Board (IRB);
5. Inpatient or outpatient medical, dental, or psychological care provided to a Minor in a clinical setting, do not have to register; and
6. Normal operations of licensed childcare facilities.

 Any Program that involves or may involve a Minor in any capacity must register the Program with the Department of ERI 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, Participants, and Third-Party Programs will be subject to this policy and to the procedures and guidelines in the Youth Protection Program Handbook.
 

II. Background Checks

Prior to the start of a Program and having any interactions with Minors, 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 are changes to the criminal background of an Authorized Adult or Program Director, a Self-Disclosure Report must be completed to notify ERI of any changes to the individual’s criminal background check record. Based on the Self Disclosure Report or any other disclosures, ERI and the Program Director reserve the right to require a repeat criminal background check. 

All criminal background checks must be completed in accordance with the Youth Protection Program Handbook.

III. Training

All Program Directors and Authorized Adults must complete training in accordance with the Youth Protection Program Handbook. Program Directors, in consultation with ERI, reserve the right to enhance the training requirements for Authorized Adults based on the Program’s specific needs. 

IV. Participant Registration and Release

All Minors participating in a Program under the purview of this policy must complete a registration with that particular Program and have a Release Form signed by the Minor’s parent or guardian for risks involved with Program participation. Additional Program specific risks not included in the release may be added as an addendum with the approval of ERI. See the Youth Protection Program Handbook for registration requirements and release form processing.

V. Program Approval

All Programs must be approved by ERI for compliance with this policy and the Youth Protection Program Handbook procedures prior to the start of the Program. ERI will review all Program documentation and electronically notify the Program Director that their Program has been approved and in compliance with this policy and Youth Protection Program Handbook.

No Program may operate without approval from ERI.

VI. 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. See the Youth Protection Program Handbook for specific ratios of supervision required based on the age and operation type.

Any exceptions to supervision requirements must be approved by ERI and be in accordance with the Youth Protection Program Handbook.

VII. Third-Party Programs

All Third-Party Programs must have a University Sponsoring Unit. Third-Party Programs are required to comply with this policy and the Youth Protections Program Handbook which includes the following:

1. Establish a contractual license agreement with the University’s Sponsoring Unit;
2. Provide proof of liability insurance in accordance with the requirements provided in the Youth Protection Program Handbook;
3. Comply with contractual agreements of criminal records checks, training, and mandated Abuse reporting requirements; and
4. Complete the same registration and approval process, via the Sponsoring Unit, as other University-sponsored Programs.

VIII. Incident Reporting

All Class I and II Incidents, involving Participants, Authorized Adults or others affiliated with the University, must be reported to ERI via the Youth Protection Program – Incident Report Form in accordance with the Youth Protection Program Handbook. ERI will report the incident to other necessary departments and offices, including but not limited to, University of Louisville Police Department, University Integrity and Compliance Office, Title IX Office, Office of Student Affairs, etc. for their review and investigation, as determined necessary, and for additional processing, trends, and tracking.

Mandatory Reporting Abuse of Minors 

I. 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 in accordance with University policy and may be subject to criminal charges in accordance with the law.

II. Mandated Reporting

The University requires its employees, students, volunteers, and/or Third-Party Programs, which are all Mandated Reporters, to report known or suspected Dependency, Abuse, or Neglect of a Minor in accordance with this policy and associated procedures, and the Kentucky Revised Statute (KRS) 620.030. University employees, students, volunteers, and/or Third-Party Programs are responsible for knowing the reporting requirements outlined in KRS 620.030, which include, but are not limited to the following statements:   

KRS 620.030 (1)

“Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Department of Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation.”

III. Failure to Report

Failure to report any known or suspected Abuse, Neglect, or Dependency of a Minor will result in disciplinary actions and may result in criminal charges. 

Protection from Retaliation 

The University prohibits any form of retaliation or retribution of any person participating in the mandatory reporting requirements outlined in this policy. This includes any University employee, student, volunteer, Third-Party Program, or any individual who makes a report to Child Protective Services, state or local law enforcement agencies, including ULPD, other agencies, and/or a supervisor, ERI, or other responsible University official and is in accordance with the University’s Duty to Report and Non-Retaliation Policy. Additionally, KRS 620.050 offers legal immunities for good-faith actions or reports.  

KRS 620.050

“Anyone acting upon reasonable cause in the making of a report or acting under §§ 620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.”

Policy Review

The University reserves the right to make modifications to this policy and to the Youth Protection Program Handbook, as necessary. However, at a minimum of every three (3) years, this policy and associated Handbook will be reviewed and updated for any necessary changes based on federal, state, and local laws, and best practices and business operations. 

Policy Compliance

Any violations or non-compliance with this policy, or the associated Handbook, may result in disciplinary action, up to and including termination of employment, or suspension or termination of participation in a Youth Protection Program or as an Authorized Adult. Additionally, violations of this policy or the associated Handbook could result in legal prohibitions regarding physical presence on University property (trespassing). Violations of this policy or the associated Handbook by any Third-Party Program may warrant grounds for termination of the license agreement with the Third-Party and the Third-Party may be subject to penalties.  Disciplinary actions will be dealt with in accordance with applicable University policies and procedures.

University of Louisville Duty to Report and Non-Retaliation Policy

KRS 620.030 – Duty to Report

KRS 620.050 – Immunity For Good-Faith Actions or Reports

University of Louisville Employee Code of Conduct

Youth Protection Program Handbook

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 Adults’ 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.

Mandated Reporter. Any person, including but not limited to all University employees, students, volunteers, and sponsored Third-Party Programs, who has reasonable cause to believe a Minor is Dependent, or has been Neglected or Abused. 

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.
 
Participant. A Minor whose parent or guardian has given signed consent to participate in a University sponsored Program.

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 is the Director of Enterprise Risk and Insurance.

Youth Protection Program Handbook. The University of Louisville Handbook for this policy detailing guidelines and procedures for Programs involving Minor Participants.

All procedures, forms, and Youth Protection Program details are outlined in the Youth Protection Program Handbook.

Mandatory Reporter Procedures

University employees, students, volunteers, and Third-Party Programs are all Mandatory Reporters and must comply with the reporting procedures outlined below to report any known or suspected Abuse, Neglect, or Dependency of a Minor: 

1. If there is immediate danger or injury to a Minor that requires emergency response, Call 911. 

2. Report to Child Protective Services at 1-800-752-6200 or to ULPD at 1-502-852-6111. 
3. Report to ERI by completing the Youth Protection Program – Incident Report form within 4 hours of report to CPS or to ULPD. 

All Sponsoring Units, Program Directors, and Authorized Adults are responsible for complying with this policy and the Youth Protection Program Handbook when working with Minors. 

Enterprise Risk and Insurance is responsible for interpretation and education of this policy, associated procedures, and the Youth Protection Program Handbook. 

Youth Protection Program Incident Report Form

Youth Protection Program Registration Form