1.19—Minors Involved in University-sponsored Programs or Programs Held in University Facilities | University Policy Office

Effective: 07/01/2018
Senate Proposal: No
Responsible University Officer: Vice President for University Relations and Enrollment
Responsible Office: Center for Educational Outreach

Policy Statement

Michigan Technological University maintains Programs on and off campus that involve and benefit Minors of various ages. This policy applies to all departments, units and areas of the University, and all members of the University community (faculty, staff, and students) who may work or interact with individuals under 18 years of age who are participating in University- sponsored Programs, regardless of whether on or off campus. Michigan Tech is committed to providing a safe environment for teaching, learning, and community outreach. That commitment includes no tolerance for sexual misconduct, harassment of and/or discrimination against Minors participating in such University sponsored activities. Any legally prohibited conduct involving Minors is likewise forbidden. The University strives to assure the safety of Minors who visit campus or other University facilities in connection with or to participate in University-sponsored programs. All Programs are required to comply with applicable federal and state laws, including licensure.

Policy Requirements

Program Guidelines

All University-sponsored or approved programs and activities that involve Minors must comply with this policy including:

Programs operated by the University
Programs taking place on campus or University property with University consent but excluding the rental or use of University facilities for non-University programs or activities as exempted under “Exemptions”.
Programs under the direction and authority of the University at off-campus locations
Housing of Minors in residential facilities

University Programs that include or serve Minors shall have in place, enforce, and make available rules and procedures that address the following:

Selection and screening of Authorized Adult and Program Staff
Training for Authorized Adult and Program Staff
Supervision ratio
Safety and security planning
Participation forms
Risk management plan to minimize risk of harm, injury, or loss
Response protocols for Program Staff and Minors when either are accused of misconduct
Emergency response protocols
Transportation (If provided by program)
Housing (If provided by program)

Academic and administrative supervisors including vice presidents, campus administrators, deans, directors, and those other University employees having supervisory authority for such activities are responsible for ensuring that programs are in compliance with this policy.

Criminal Background Screening

All Authorized Adults and Program Staff who work with Minors in Programs covered by this policy are required to submit to an initial criminal background screening. Returning Authorized Adults and Program Staff are required to submit to a criminal background screening every two years thereafter. If a criminal record history is revealed, the application must be referred to Human Resources for evaluation consistent with Human Resources guidelines. All findings will be reviewed and an appropriate course of action will be determined based on results and may include termination from the Program.

Program Administrators of non-University Programs requesting the use of University facilities are required to certify that they have conducted criminal background checks and determined the fitness for all Authorized Adults and Program Staff before being allowed to use or lease University facilities for activities involving Minors unless exempted under section Exemptions, E-7.

Training

All Authorized Adults and Program Staff working with Minors in University-sponsored programs are required to be trained on policies and issues related to Minor health, wellness, safety, and security. This training shall be completed annually and may differ based on role. The University Program Administrator is responsible for training deployment. Documentation of training completion is required to be maintained by the Program Administrator.

Training must address the following topics:

Detecting and reporting abuse or neglect
Participant conduct management and disciplinary procedures
Authorized Adult and Program Staff Code of Conduct
Sexual misconduct and/or other unlawful harassment/discrimination/retaliation
Campus Security Authority (Clery Act)
Safety and security protocol
Mandatory reporting
Additional topics, such as CPR/First Aid and medication management, may be required depending on the particular interaction.

See Appendix for Authorized Adult and Program Staff Code of Conduct.

Reporting Obligations

General

It is important for all members of the University community to act immediately when possible criminal activity is taking place, or in a circumstance where you find yourself either a victim, a witness, or a third party to questionable activity. If this is the case, please take one of the following steps:

If you require immediate emergency assistance or believe a crime is in progress, dial 9-1-1 to connect you to law enforcement
For non-emergency situations, call Public Safety and Police Services at 906-487-2216. Campus law enforcement professionals can help assess the situation and determine what other notification or action is necessary.

Information on potential criminal activity also may be reported to the University anonymously by calling the University’s Anonymous Tip Line at 906-487-0TIP (0847) or by visiting the Anonymous Tip Website.

Reports of Known or Suspected Abuse or Neglect of Minors

Anyone participating in a University-sponsored Program or a non-University Program operating in University facilities who knows, suspects, or receives information indicating that a Minor has been abused or neglected, or who has other concerns about the safety of Minor MUST immediately inform Public Safety and Police Services. In addition, one should promptly notify their supervisor or Program Administrator,

Anyone who knows or suspects abuse or neglect of Minors is strongly encouraged to also notify the Michigan Department of Human Services by calling 855-444-3911.

Mandated Reporters and Their Legal Obligations

Michigan’s Child Protection Law, MCL 722.621, et seq., designates individuals in certain occupations and professionals as mandated reporters. Mandated reporters must immediately report known or suspected mental or physical abuse or neglect of a child made known to them in their professional or official capacity directly to the Department of Human Services by calling 855-444-3911 (24/7 toll free number). A written report must be submitted to the Department of Human Services within 72 hours of the initial verbal report. Even those who are not mandated reporters may report known or reasonably suspected child abuse to the Department of Human Services.

Mandated reporters include those employed in the following positions: physician, dentist, physician’s assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, social worker, licensed Master’s social worker, licensed Bachelor’s social worker, registered social service technician, social service technician, a person employed in a professional capacity in any office of the friend of the court, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, or regulated child care provider.

University faculty, staff, and volunteers who are working with Minors in their professional or official capacity and who have questions about whether they may be considered mandated reporters under Michigan law should contact their supervisor, Program Administrator, dean, or vice president.

In addition, for Title IX compliance, all Michigan Tech employees who are designated as supervisors, with the exception of mental health counselors and Ombuds officers, are considered "responsible employees." The role of a responsible employee is to report all allegations of sexual harassment/violence, regardless of age, that takes place on or off campus to the Title IX Coordinator to maximize the institution's ability to investigate and potentially address and eliminate sexual harassment/violence. Responsible employees includes some select undergraduate student employees such as counselors, instructors, coordinators. Also considered responsible employees are ALL Public Safety and Police Services officers and employees, student affairs staff, human resources staff, athletics and recreation staff, academic advisors, faculty, instructors, graduate teaching assistants, graduate students that are supervising other students, and individuals designated as Campus Security Authorities.

Exemptions

This policy is intended to support and complement existing policies and guidelines for Minors engaged in University-sponsored Programs and on University property. The University has specific policies addressing the items below; therefore, this policy does not apply to the bulleted items listed below.

Incidental interaction with Minors in public spaces;
Events and facilities on-campus that are open to the general public and which Minors attend at the sole discretion of their parents or guardians (e.g., athletic competitions, plays, concerts);
Undergraduate and graduate academic programs in which Minors are enrolled for academic credit or who have been accepted for enrollment (e.g., dual enrollment);
Non-residential field trips, programs, and events on or off campus that are supervised by a Minor’s school or organization;
IRB-supervised research;
Minor employees;
Private, personal events (e.g., birthday parties, weddings, other space rentals for family or outside group use) for which the user has a separate, signed agreement with the University to use space on campus.

Contacts

Center for Educational Outreach—487-2219

Definitions

Authorized Adult and Program Staff—Individuals, paid or unpaid, who interact with, treat, supervise, chaperone, or otherwise oversee Minors authorized by the University in University-sponsored Program activities. This includes but is not limited to faculty, staff, university authorized volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants.

The Authorized Adult and Program Staff’s roles may include positions as counselors, chaperones, coaches, instructors, health care providers, etc. For purposes of this policy the term “Program Staff” is also assigned this definition.

This definition does NOT include temporary guest speakers, presenters, or other individuals who have no direct contact with Program participants other than short term activities supervised by Program Staff.

Direct Contact—Providing care, supervision, guidance or control of Minors or having routine interaction with Minors.

Minor—A person under the age of 18 years of age (MCL 7.22.1(a)) who is not enrolled or accepted for enrollment in a degree program at the University.

One-on-One Contact or Interaction: Personal, unsupervised interaction between any Authorized Adult and Program Staff and a participant without at least one other Authorized Adult and Program Staff, parent or legal guardian being present.

Program—Programs or activities offered by various academic or administrative units of the University, where the parents or legal guardians are not present to provide for the care, custody or control of their children. This includes, but is not limited to University-sponsored workshops, services, camps, conferences, campus visits and similar activities.

Program Administrator—The person(s) who has primary and direct operational responsibility for managing a Program.

Screening—To assess suitability for a particular role or purpose (e.g. interview, criminal background check, reference check)

Sponsoring Unit—The academic or administrative unit of the University that offers a Program.

University Facilities—Facilities owned by or under the control of the University including housing and Program space.

University-sponsored Programs—Programs that are directly managed by University faculty staff, on behalf of the University.

Non-University Programs—Programs that are not operated on behalf of the University or under the University’s control.

Appendix

Authorized Adult and Program Staff Code of Conduct

Resources

History

Adopted: July 1, 2018 Approved by Vice President for University Relations & Enrollment and the Office of the President.

9/6/2023 - Number changed from 1.02 to 1.19 - no other content changed.