Policies, Procedures and Guidelines | SUNY Empire State College

Child Protection Policy

Sponsor:	Office of Campus Safety and Security
Contact:	Director of Safety and Security
Category:	Safety and Security
Number:	1200.020
Effective Date:	08/02/2017
Implementation History:	09/30/20, 08/07/2017
Keywords:	Child Protection, Sexual Misconduct, Covered Events
Background Information:	The SUNY Board of Trustees adopted the “Child Protection Policy” (Appendix A), the “Policy” on June 17, 2014. The Child Protection Policy augments the reporting required in the “Mandatory Reporting and Prevention of Child Sexual Abuse” adopted in December of 2012 and reinforces the Board’s commitment to instituting best practices to assist in protecting the safety and well-being of children who participate in University-related programs and activities, whether on or off campus. The SUNY policy requires campuses create procedures to implement the requirements in the policy and provide a mechanism to report and respond to allegations of retaliation.

Purpose

Individuals must conduct themselves appropriately with children who participate in University-related programs and report instances or suspicion of physical or sexual abuse of children. Empire State University is committed to protecting the safety and well-being of children who participate in University-related programs and activities, whether on or off college property, or utilize college facilities for activities including, but not limited to, academic and personal enrichment programs and research studies.

Definitions

Covered Activity: A program or activity sponsored or approved by the University or a University-affiliated organization, or an activity conducted by a vendor, licensee or permittee for which a license or permit for use of University facilities has been approved, occurring on or off campus, for the duration of which the responsibility for custody, control and supervision of children is vested in the University, University-affiliated organization or the vendor, licensee or permittee so approved.

Covered Person: A person who is responsible for the custody, control or supervision of children participating in the Covered Activity and who is:

an employee of the University or University-affiliated organization;
a University student;
a volunteer of the University or University-affiliated organization; or
a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use University facilities for Covered Activities; or
an employee, agent or volunteer of (iv) above.

Child: An individual under the age of seventeen years, who is participating in a Covered Activity. The term “child” shall not include a matriculated student of the University or a person accepted for matriculation. For purposes of this policy, “matriculation” means accepted by the University as a student into a University course that is listed in the University catalog.

Mentor: A faculty/staff member who serves as a student’s personal guide and resource. Mentors provide guidance from orientation through graduation, help students develop a degree program, conduct a review of prior learning and coordinates work with other faculty.

Physical Abuse: Physical contact with a child by a covered person which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting, burning, or directing a child, outside the norm of the supervised activity, to perform physical activity which is intended to cause physical injury.

Sexual Abuse: Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child. Pursuant to NYS Penal Law Articles 130, 263, 260.10 and 260.25. Sexual offenses include: Sexual Misconduct, Rape, Criminal Sex Acts, Forcible Touching, Persistent Sexual Abuse, Sexual Abuse, Aggravated Sexual Abuse, Course of Sexual Conduct Against a Child, Facilitating a Sex Offense with a Controlled Substance, Sexually Motivated felony, Predatory Sexual Assault Against a Child and Sexual Performance by a Child. This also includes Penal Law offenses relating to children including, Endangering the Welfare of a Child and Unlawfully Dealing with a Child in the 1st Degree. Sexual Performance by a Child, as defined by the NYS Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing.

Residency: Intensive seminars where students from across the state meet face to face to investigate subjects in depth in a group setting. These meetings typically take place over a weekend or several days.

Responsible University Official: An employee of the University or University-affiliated organization, who has been designated by the Campus.

University-Affiliated Organization: The Research Foundation for the State University of New York, campus foundation, campus alumni association, campus auxiliary services corporation, or any other entity so designated by the Chancellor or University President.

Statements

This policy incorporates and appends the provisions, definitions, and requirements of SUNY Policy #6505 Child Protection Policy.

Applicable Legislation and Regulations

State University of New York Policy No. 6504, Policy on Mandatory Reporting and Prevention Child Sexual Abuse, 2012.

Child Protection Policy – Guidance, prepared by the Office of General Counsel and the Compliance Office. The purpose of this guidance document is to clarify specific topical areas of the Child Protection Policy (the “Policy”) and its applicability in various circumstances. The guidance continues to be updated as new questions arise related to the policy and its implementation.

NY Education Law Article 8, § 355(Powers of Trustees).

Related References, Policies, Procedures, Forms and Appendices

Procedures

1. Responsible University Official:

The Director of Safety and Security is the primary Responsible University Official (RUO) for Empire State University. The Director of Student Services will serve as the deputy RUO. The RUO is responsible for:

i. Reviewing the form titled “Approval for events including children under the age of 17” (Form A) and determining if the event is a Covered Activity or not.

ii. Training all Covered Persons prior to the commencement of a Covered Activity and biennially thereafter.

iii. Obtaining New York State Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons and complete a review of such searches not more than 90 days prior to the commencement of a Covered Activity.

iv. Holding records of all Covered Activities and Covered Persons, including registry searches.

v. Providing all Covered Persons with identification that identifies the individual as having the responsibilities of a Covered Person.

vi. Provide for the prompt investigation and preparation of written findings of reports of suspected physical abuse or sexual abuse, and if there is reasonable cause to believe a crime has been committed, coordinate with other law enforcement officials, as necessary.

2. Training:

Training of Covered Persons will be performed via distance education by the RUO on an “as needed” basis. The RUO will track individuals trained, their workplace location and when training renewal is due. Training materials will include the SUNY System-Wide policy training and University specific information.

3. Hosting a Community Event with Children, Including Community Outreach Events, Workshops, Alumni Events, Art Exhibits, or other non-credit bearing activities:

Any person hosting, sponsoring, or approving an event where children may be present must follow these procedures:

i. Fill out the attached Form A. The completed form should be submitted to the Secretary of the Vice President for Administration and COO.

ii. For all events occurring on property owned or maintained by the University the Facilities Use Policy and Procedures (Appendix B) applies. This policy states that a facilities use form be filled out and also submitted to the Secretary to the Vice President for Administration and COO.

iii. The Secretary to the Vice President for Administration and COO will forward Form A to the RUO.

iv. If the RUO determines the event is a Covered Activity sponsored by the University or a University affiliated organization, the RUO will assign a Covered Person to the activity and provide that person with identification, necessary training and a phone number to immediately report any suspected physical abuse or sexual abuse of a child to the proper authority.

v. If the RUO determines the event is a Covered Activity that is sponsored by a third party the Secretary to the Vice President for Administration and COO will provide the third party with a copy of the Revocable Permit - Use of University Facilities for Covered Activities (Appendix C), a copy of the SUNY Empire State University Child Protection Policy and the SUNY Empire State University Mandatory Child Sexual Abuse Reporting and Prevention Policy (Appendix D). The revocable permit should be filled out completely and returned along with the written acknowledgement that both policies have been received and will be adhered to. The acknowledgement form is as an addendum to the revocable permit.

4. Hosting Academic Programs with Children in Attendance:

As per the definition of a “Covered Activity”, the SUNY policy does not apply to children enrolled in a University course. However, at Empire State University, students are mentored through independent studies, intimate group studies or residencies where overnight accommodations are provided. All mentors guiding children in a face to face meeting, in an individual study, or group study must be trained as a covered person. All residencies that include a required overnight component must be treated as a Covered Activity. Mentors with students under the age of 17 will be notified if they are required to be trained.

i. When the enrollment period for each term has ended, the Director of Compliance will review registration throughout the University and notify the RUO if any face to face University courses have children enrolled, including the location and name of the faculty member and the name of the primary mentor.

ii. The RUO will notify the faculty member teaching the course as well as the primary mentor and provide training.

iii. All residency coordinators with a required overnight component must fill out Form A and forward it to the Secretary to the Vice President for Administration and COO.

5. Retaliation:

Any reports of retaliation should be directed to the Chief Diversity Officer for Institutional Equity and Inclusion or the Title IX Coordinator at 518-587-2100 Ext. 2389.