Minors on Campus University Programs

A. Mandate to Adhere to Policy. All members of the university community must adhere to this Policy. Failure to comply with the requirements set forth in this Policy may lead to disciplinary action, cancelation of a Program for Minors, or a ban from organizing future Programs for Minors.

B. Contacts Direct any questions about this Policy to the Office of Human Resources & Institutional Equity (HRIE). HRIE serves as the University’s liaison to monitor the required registration and compliance with this Policy and may be reached at (504) 865-4748. For more information about this Policy or registering a Program for Minors you may also call (504) 314-7619 or email summer@tulane.edu.

C. Program Requirements – All Program Organizers must adhere to the following:

1.Program Registration

Sponsoring Units shall, prior to the beginning of the university’s fiscal year for ongoing Programs for Minors and at least sixty days prior to the first scheduled date of commencement of a new Program for Minors, register the program with the Office of Human Resources & Institutional Equity. The Program for Minors Registration Form is available from the Office of Human Resources & Institutional Equity.

No Program for Minors can take place until it is registered and approved by the Office of Human Resources & Institutional Equity. Additional information may be requested of the Program Organizer. Any requests for clarification as to whether a particular program or activity that involves Minors is subject to this Policy should be sent to Office of Human Resources & Institutional Equity.

Requests for a waiver to all, or any portion of, this Policy should include a detailed explanation as to the reason for the waiver and written approvals of the request by the Program Organizer and the dean or director of the Sponsoring Unit. The request should be forwarded to the Office of Human Resources & Institutional Equity. The Office of Human Resources & Institutional Equity will advise the Program Organizer in writing of its decision.

2.Background Checks

All Program Organizers and Program Staff for a Program for Minors are required to have a background check on record with the University before the individual will be allowed to participate in the Program for Minors. Background checks will be conducted by the Office of Human Resources, and these checks must be cleared prior to the beginning of the Program for Minors. Subsequent background checks will be required every year for Program Organizers and Program Staff who return to a covered Program for Minors.

Tulane University will conduct criminal history background checks in accordance with the University procedures on criminal background checks, which will include searches in the State of Louisiana, and county-by-county criminal history searches for any location outside of Louisiana in which the Program Staff member indicates they have lived, worked, or attended school within the past seven (7) years. The background check will be limited to criminal offenses for which an individual has been convicted, pled guilty to a felony or misdemeanor, or where such charges are currently pending. In addition to criminal records searches, the university also conducts a national sex offender registry search. For a description of Tulane’s policy regarding background investigations and criminal convictions for staff employees, please see the Tulane University Staff Handbook, at section IV B (“Background investigations and Criminal Convictions”), located at http://tulane.edu/handbooks-and-policies. 

It is the responsibility of the Program Organizer to assure that each Program Staff member has received a background check clearance to participate.

Copies of all correspondence with Program Staff regarding background check reports will be retained by Human Resources.

3.Transportation of Minors

In the event the Program Staff will transport Minors participating in a Program for Minors, a driving record will also be required in compliance with the University’s Authorized Driver Policy. See, https://orgsync.com/login/tulane- university?redirect_to=%2F28726%2Ffiles%2F1152631%2Fshow at no time will Program Staff be allowed to transport Minors in a Program for Minors in personally owned vehicles. 

4.Required Contractual Obligations for Independent Contractors

All contracts for the services of independent contractors that will be working with Minors must include a provision assuring that the employees of such independent contractors or the contractor (in the case of a solo contractor) will comply with this policy and provide evidence upon request of the university that background checks and training comparable to those required by the university under this Policy have taken place. In addition, all independent contracts must reference and attach copies of this Policy and the Child Protection and Reporting of Child Abuse Policy to such contracts.

5.Communication and Notifications

The Program Organizer shall establish an appropriate procedure for the notification of the Minor’s parent/legal guardian in case of an emergency, including medical or behavioral problem, natural disasters, or other significant Program for Minors disruptions. Program Staff, as well as Minor participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the Minor in a Program for Minors. The Program Organizer also shall provide information to the parent(s) or legal guardian(s) detailing the manner in which the Minor participant can be contacted during the Program for Minors.

The Program Organizer shall maintain a Program for Minors Roster that includes a list of all Minor participants and a directory of Program Staff. The Program for Minors Roster shall include Minor’s name, local room assignment (if applicable), gender, age, address, phone number(s) of parent or legal guardian, and emergency contact information. No later than 45 days prior to commencement of the Program for Minor, the Program Organizer must deliver the Program for Minors Roster to the Office of Human Resources & Institutional Equity and to the Tulane University Police Department (TUPD). Such Roster shall be kept on file during the active dates of the Program.

6.Required Training

Each Program Staff member, who will be participating in a Program for Minors covered by this Policy shall attend annual mandatory training on the requirements of this Policy. All Program Staff must receive training prior to the start of the Program for Minors. The training must include, at a minimum, protecting Minor participants from abusive emotional and physical treatment, and on required reporting of incidents of improper conduct to the proper authorities including, but not limited to, appropriate law enforcement authorities; information about responsibilities and expectations of the Program Staff; applicable university policies, procedures, and enforcement including the Behavioral Expectations below; crisis/ emergency responses and how to request emergency services; safety and security precautions; addressing medical emergencies; confidentiality issues involving Minors; and University responsibility/liability; and how to report suspected child abuse in accordance with the Child Protection and Reporting of Child Abuse Policy Child Abuse Policy The training for Program Staff participating in a Program for Minors covered by this policy may be found at http://www.dcfs.la.gov/MandatedReporterTraining. 

Program Organizers must retain written evidence of completion of required training by each Program Staff.

The Program Organizer and/or Sponsoring Units should contact the Office of Human Resources & Institutional Equity or Risk Management for assistance with any aspect of this training requirement. The Program Organizer may enhance and/or modify the required training Program for Minors to meet specific needs of the particular Program for Minors involved, in consultation with the Office of Human Resources & Institutional Equity, but any such enhanced or modified training for a Program for Minors must include all the elements of training described in this section.

7.Behavioral Expectations

If a Minor discloses any type of assault, abuse or neglect (at any time previous to, during, or after the Program for Minors), or Program Staff has reason to believe that the Minor has been subject to such assault, abuse, or neglect, Program Staff, as a mandatory reporter, must immediately call 911 or the local law enforcement agency and notify the Louisiana Department of Children and Family Services (“DCFS”) at 855-4LA-KIDS (855-452-5437) or through the DCFS mandated reporter portal accessible here dcfs.la.gov 24 hours a day. For instances of child sexual assault or abuse Program Staff must immediately call 911. Further instructions for addressing child sexual abuse or assault can be found in the Child Protection and Reporting of Child Abuse Policy. 

Tulane University, in its sole discretion, reserves the right to deny a Minor’s acceptance into any Program for Minors or to dismiss a Participant from a Program due to unacceptable behavior or other reasonable basis. If an allegation of a violation of any of the Behavioral Expectations is made against a Program Organizer or Program Staff, s/he shall discontinue any further participation in Program for Minors until such allegation has been satisfactorily resolved.

Program Staff should behave professionally and maintain the highest standards of personal behavior at all times. Program Staff participating in Programs for Minors shall NOT:

 a. Have one-on-one contact with Minors. There must be two or more Program Staff members present during a Program for Minors. Program Staff shall not have any direct electronic contact, including social media, with Minors without another Program Staff member being included in the communication. Program Staff should be aware of situations in which actions can be misconstrued or manipulated by others (for example, being alone with the last Minor to leave a class); conduct all dealings with Minors in a public environment as much as possible, in order that all behavior can be readily observed.

b. Enter a Minor’s room, bathroom facility, changing area, shower area, or similar area without another Program Staff member in attendance, consistent with this Policy of not having one-on-one contact with Minors. Never spend time alone with a Minor away from others. Minors should use a “buddy system” or otherwise be encouraged to stay together when going to the bathroom, on field trips, or when leaving the classroom area.

Share sleeping quarters with Minors. Separate accommodations for Program Staff and Minors are required. Minors should be placed in accommodations that allow for a locked door between themselves and Program Staff. Program Staff should not enter the sleeping quarters of a Minor without another member of the Program Staff present.

c. Engage in abusive conduct of any kind toward, or in the presence of, a Minor.

d. Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any Minor.

e. Engage in rough or sexually provocative games, including horseplay.

f. Allow any inappropriate touching, including between children.

g. Use profanity, use or respond to sexual innuendo, or make sexually suggestive comments.

h. Use nor provide alcohol or drugs to any Minor. Program Staff shall not use nor provide prescription drugs or any medication to any Minor unless specifically authorized in writing by the parent or legal guardian as being required for the Minor’s care or the Minor’s emergency treatment. Minor participants’ medicines may be distributed by Program Staff, following the conditions outlined in this document.

i. Make sexual material in any form, including printed and electronic, available to Minors participating in Programs for Minors or assist them in any way in gaining access to such materials.

j. Share a bed or sleeping bag with a Minor.

k. Shower, bathe, or undress with or in the presence of Minors.

l. Favor one child more than another; do not give gifts to any one child in a Program for Minors; do not accept expensive gifts from any child in the Program for Minors.

m. Tell a Minor “this is just between the two of us” or use similar language that encourages a Minor to keep secrets from their parent/guardians.

n. Take photographs of Minors participating in the Program for Minors unless the parent or legal guardian has signed a consent permitting photography for program related purposes. Program Staff should not use photographs for their own use or for posting on their own social media site.

8.Required Supervision of Minors and Access to University Facilities

Minors must be supervised at all times by Program Staff including during meals and in the evenings if the Minors stay in University residence halls. Other than in cases outlined below, Programs for Minors shall be supervised by two Program Staff members. Some of the factors to be considered in determining requirements for supervision are the number and age of Minor participants, the activities involved, type of housing if applicable, and age and experience of the Program Staff members.

It is acceptable for an individual Program Staff member to supervise activities for a group of Minor participants in a Program for Minors (e.g., classroom instruction or outdoor activities) if the activities are conducted in an open or public area where the group is visible to others outside the group at all times. This includes classroom or meeting activities where open doors or windows allow for a clear line of sight.

In accordance with the American Camp Association, the ratio of Program Staff to Minor participants in a Program for Minors must reflect the gender distribution of the Minor participants, and should, at a minimum, meet the following:

Standards for resident Programs for Minors are: 

• One Program Staff member for every five Minors ages 4 and 5 
• One Program Staff member for every six Minors ages 6 to 8 
•  One Program Staff member for every eight Minors ages 9 to 14
•   One Program Staff member for every ten Minors ages 15 to 17

Standards for day Programs for Minors are: 

•  One Program Staff member for every six Minors ages 4 and 5 
•  One Program Staff member for every eight Minors ages 6 to 8 
•  One Program Staff member for every ten Minors ages 9 to 14 
•  One Program Staff member for every twelve Minors ages 15 to 17

For residential Programs for Minors, a Program Staff member must reside in the housing unit and be accessible to the Minors. Additional Program Staff members should be assigned to ensure one-on-one contact with Minors does not occur and that the required levels of supervision described in this Policy are implemented. Responsibilities of Program Staff must include, at a minimum, supervision of Minors, informing Minor participants about safety and security procedures, university rules, rules established by the Program for Minors, and behavioral expectations. Program Staff are responsible for following and enforcing all rules and must be able to provide information included herein to Minor participants in Programs for Minors and be able to respond to emergencies.

In addition to the requirement that two Program Staff be present at all times when Minors are being supervised, an additional Program Staff should be available as a "floater" to stand in if one of the two Program Staff member in a classroom or other situation must leave the area. The two Program Staff should not be family members.

All Minor participants in a Program for Minors covered by this Policy are permitted in the general use facilities with supervision (e.g. athletic fields, public spaces, academic buildings), but may, as needed, be restricted from certain areas of the facilities (e.g. storage rooms, equipment rooms, athletic training rooms, staff/ faculty offices) or from utilizing certain equipment.

9.University Housing

The Program Organizer is required to adopt and implement rules and regulations for supervision of Minors in university housing. The following must be included:

a. In accordance with the American Camp Association, the ratio of Program Staff to Minor participants must reflect the gender distribution of the Minor participants, and should, at a minimum, meet the following:

Standards for resident Programs for Minors are: 

• One Program Staff member for every five Minors ages 4 and 5 
•  One Program Staff member for every six Minors ages 6 to 8 
• One Program Staff member for every eight Minors ages 9 to 14 
•  One Program Staff member for every ten Minors ages 15 to 17

Standards for day Programs for Minors are: 

• One Program Staff member for every six Minors ages 4 and 5 
• One Program Staff member for every eight Minors ages 6 to 8 
•  One Program Staff member for every ten Minors ages 9 to 14 
•  One Program Staff member for every twelve Minors ages 15 to 17

b. A curfew time which is age-appropriate for the Minor participants, which in no case shall be later than 11 pm.

c. Guests of Minors (other than a parent/legal guardian and other Minor participants) are restricted to visitation in the building lobby and/or floor lounges, and only during approved hours specified by the Program for Minors.

d. The Program for Minors must comply with all security measures and procedures specified by University Housing. See, HRL Community Standards: https://housing.tulane.edu/residence-life/community-living- standards

10. Required Forms for Each Minor participant in a Program for Minors

a. Participant Application Form 

b. Emergency Contact List for Minors on Campus and in University Programs  

c. Tulane University Pre-College Summer Programs Assumption of Risks, Consent, Release, Indemnity, and Waiver of Liability Form  

d. Medical Information and Release Form 

e. Parent/Guardian Authorization, Waiver and Consent for Self-Administration of Prescription Medication Form 

f. Parent/Guardian Authorization, Waiver and Consent for Over-the-Counter Medication Form 

g. Media, Photo & Video Release Form 

h. Program for Minors Registration Form 

i. Tulane Pre-College Summer Programs Participant Code of Conduct Acknowledgment Form- Credit Courses 

j. Tulane Pre-College Summer Programs Participant Code of Conduct Acknowledgment Form-Noncredit Courses 

k. Housing Terms and Conditions Form

All forms listed above can be found in Appendix A: Forms.

11. Medical Treatment, Administration of Medicines, & Emergency Services

Distribution of Minor participants’ medicines by Program Staff should be handled under the following conditions:

a. Program Staff shall be responsible for reviewing all forms and assessing needs of each Minor participant. 

b. The Minor participant’s family provides the medicine in its original pharmacy container labeled with the Minor participant’s name, medicine name, dosage, and timing of consumption. Over-the-counter medications must be provided in their manufacturers’ container. 

c. Program Staff shall keep the medicine in a secure location, and at the appropriate time for distribution shall meet with the Minor participant. 

d. Program Staff shall allow the Minor participant to self-administer the appropriate dose as shown on the container. 

e. Parent(s) and/or guardian(s) are expected to make arrangements for the administration of any medicine that the Minor participant cannot self- administer. 

f. Devices for the self-administration of medications which are prescribed by a physician may be carried by the Minor participant during the Program for Minors activities (Examples include personal “epi” pens and asthma inhalers).

g.Over-the-counter medications can only be administered with prior approval. Program Staff should make reasonable efforts to have basic first-aid kits available if needed. Minor participants can self-administer over-the-counter medication that they bring themselves.

Program Organizers shall consult with Office of Human Resources & Institutional Equity to determine whether on-site medical service coverage is required based on the nature of Program activities.

If there is an emergency issue at any time, Program Staff should contact Tulane University Police Department at (504) 865-5911 and instruct the EMT to transport the students to nearest Emergency Department.

DOCUMENT RETENTION

A comprehensive file for each program with copies of the registration approval, compliance with background checks, training materials and sign in sheets, Roster for a Program for Minors with the required information regarding the Minor participants, Program Staff and Program Organizer, all forms associated with the Program, promotional and other program documents must be retained by the Sponsoring Unit for six years.