UT Southern Programs for Minors Procedure

Objective:

This procedure implements University of Tennessee System Safety Policy 575 (Programs for Minors) (“SA0575”) with respect to programs for minors sponsored by a university unit at UT Southern.

Scope:

This procedure applies to all UT Southern employees.

Roles:

The Director of Safety and Security or their designee shall serve as the Designated Official to ensure SA0575 is implemented on the campus of the UT Southern.

Procedure:

1. Definitions
   1. The following terms used in this procedure are taken from University of Tennessee System Safety Policy SA0575:
      1. Covered Adult: The term “Covered Adult” means a person:
         1. Who is eighteen (18) years of age or older; and
         2. Who is a University employee (whether regular, temporary, or student, and whether full-time or part-time) or a person in a contractual or volunteer position with the University; and
         3. Whom the Program Director reasonably anticipates will have direct contact with a minor in a Covered Program, by reason of the person’s employment, contractual, or volunteer status with the University. The term “Covered Adult” does not include a University employee, contractor, or volunteer who participates in a Covered Program in his/her personal capacity in a Covered Program that is not sponsored by a University unit.
      2. Covered Program: The term “Covered Program” means:
         1. A program or activity in which minors participate that is sponsored by a University Unit; or
         2. A program or activity in which minors participate that is sponsored by an entity other than a University Unit and involves use of University owned or controlled real property.

Examples of Covered Programs include, but are not limited to, athletic camps, academic camps, day care or early learning programs/centers, recreational camps, individual lessons, workshops, competitions, clinics, conferences, pre-enrollment visits, University outreach programs and activities, 4-H programs, and University Units that employ minors under University HR0110 – Employment of Minors.

For purposes of this policy, an athletic camp owned or operated by an employee of the University’s athletics department (including but not limited to an athletic camp operated by a limited liability company owned by a University coach), either on or off campus, and in which prospective student-athletes participate, shall be considered a Covered Program that is sponsored by a University Unit.

The term “Covered Program” does not include:

1. A program or activity that requires each minor to be accompanied by his/her parent or legal guardian.
2. A program or activity designed primarily for regularly enrolled University students, including credit courses and community service projects organized by the University;
3. A program or activity open to the general public that is not targeted toward minors (e.g., athletic events, plays, concerts, lectures, and UTIA Field Days and Special Events);
4. Practicum activities, student teaching activities, or college-approved academic curriculum activities that include University student interaction with minors;
5. Orientation programs for freshman or transfer students;
6. Campus tours and visitation programs for prospective students that do not involve an overnight stay;
7. Field trips supervised by a minor participant’s school or organization and not sponsored by the University; or
8. Patient-care related activities relating to minors. (This exception does not exclude day care programs from the definition of “Covered Program.”)

If there is any doubt whether a particular program or activity is subject to this policy, the Program Director shall consult with the Designated Official, who shall consult with the Office of the General Counsel as needed.

This policy does not prohibit the employment of minors in compliance with University HR0110 – Employment of Minors.

Minors brought onto University property or to a University-sponsored event by an employee, contractor, volunteer, or student, and who are not participating in a Covered Program, are the sole responsibility of the employee, contractor, volunteer, or student.

3. Designated Official: The term “Designated Official” means the official designated by the Chancellor/Vice President to have responsibility for implementation of this policy at the campus/institute level, for centralizing the review, approval, and monitoring of Covered Programs, and for monitoring the compliance of Covered Programs with the campus/institute procedure required by Section 6 of this policy. The Chancellor/Vice President shall notify the General Counsel and the campus/institute Human Resources Officer of the name of the Designated Official.
4. Direct Contact: The term “direct contact” means instruction, care, supervision, guidance, or control of a minor, and/or routine interaction with a minor.
5. Minor/Child: The term “minor” or “child” means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age.
6. Program Director: With respect to a Covered Program sponsored by a University Unit, the term “Program Director” means the person primarily responsible for the management and oversight of a Covered Program, including identifying all Covered Adults and ensuring the Covered Program’s compliance with this policy.
   
   With respect to a Covered Program not sponsored by a University Unit, the Program Director is the University employee who serves as the primary University contact with the third party who is sponsoring the Covered Program.
7. University Unit: The term “University Unit” means a department, division, school, college, administrative unit, or other official organization of a campus or institute of The University of Tennessee. University extension offices and research centers are considered University Units for purposes of this policy. Student organizations are not University Units for purposes of this policy.
8. Requirements for Covered Programs Sponsored by a University Unit
   1. Program Registrations
      1. At least thirty (30) days prior to the start of a Covered Program, the Program Director shall complete the Programs for Minors Registration Form (FORM A) and submit it to the Director of Safety and Security or their designee. The Programs for Minors Registration Form must be completed and signed by the Program Director and signed by the Department Head/Dean or Vice-Chancellor responsible for the unit that will operate the Covered Program.
      2. Any requests for clarification as to whether a particular program or activity is subject to this procedure, or a request for a waiver of any requirement of this procedure, should also be sent to the Director of Safety and Security or their designee.
   2. Background Checks
      1. The Program Director shall ensure that a criminal background check has been conducted on a Covered Adult within the last four (4) years before allowing the Covered Adult to participate in a Covered Program. All Background check request forms and information can be found on the University website. The Director of Safety and Security or their designee will maintain a roster of individuals who are cleared to participate and the dates on which a new background check will be required.
      2. The Office of Human Resources shall ensure that a criminal background check is conducted on university employees and contract employees whose primary duties involve work in a university residential facility or a university athletic or recreational facility with a locker or shower room. The Designated Official is responsible for notifying management of areas that employ staff who need periodic access to such facilities of their responsibility to provide the Office of Human Resources with the names of these employees to ensure all necessary background checks have been done.
      3. All costs to conduct background checks will be paid by the Covered Program.
   3. Training
      1. Before allowing a Covered Adult to participate in a Covered Program, a Program Director shall ensure that, within the last two (2) years, the Covered Adult has received the online training developed by the system Office of Human Resources described in Section 4 of SA 575 on how to prevent, recognize, report, and address child abuse, except as otherwise provided in SA 575. The Director of Safety and Security or their designee and the Program Director may provide additional training to meet specific needs of the Covered Program. Training resources can be obtained from the Director of Safety and Security or their designee.
      2. In addition to online training, a Program Director shall require every Covered Adult to affirm in writing, using FORM C, that he/she has read, understands, and agrees to comply with Tennessee Law on the Mandatory Reporting of Child Abuse and Child Sexual Abuse. A Program Director shall submit the executed forms to the Director of Safety and Security or their designee, who shall retain the forms for at least two (2) years from the date of the end of the Covered Program.
   4. Communications with Parents/Legal Guardians
      1. The Program Director shall establish a procedure for the notification of a minor’s parent/legal guardian in case of an emergency, including a medical problem, natural disaster, or other significant program disruption. The Program Director shall advise Covered Adults and parents/legal guardians of minors participating in the Covered Program of this procedure prior to the participation of minors in the Covered Program.
      2. The Program Director shall provide information to parents/legal guardians detailing the manner in which their minors can be contacted during the Covered Program.
   5. Transportation
      1. Transportation of minors by a Covered Adult during a Covered Program must be approved by the Director of Safety and Security or their designee using FORM A. Except in exigent circumstances, or as specifically authorized in writing by the Director of Safety and Security or their designee or the minor’s parent or legal guardian, a Covered Adult shall not transport a minor who is not his/her own child without another Covered Adult being present, or transport a minor who is not his/her own child using his/her personal vehicle, during the Covered Program or to/from the Covered Program.
   6. Medical Treatment
      1. A Covered Program shall require a parent/legal guardian of a minor to provide the Covered Program with the following forms executed by the minor’s parent/legal guardian:
         1. Medical Information and Medical Treatment Release and Authorization (FORM B)
         2. Authorization for Self-Administration of Prescription Medication (FORM B1)
         3. Authorization for Dispensation of Over-the-Counter Medication (FORM B2)
      2. In connection with a Covered Program, a minor’s medications may be dispensed by a Covered Adult under the following circumstances:
         1. A Covered Adult may dispense prescription or over-the-counter medication to a minor for the minor to self-administer if the minor’s parent or legal guardian has provided written authorization for the minor to self-administer the medication, using FORM B1. At the appropriate time for dispensation of a medication, a Covered Adult shall allow the minor to self-administer the appropriate medication dose as shown on the container.
         2. A Covered Adult may dispense over-the-counter medication to a minor if the minor’s parent or legal guardian has provided written authorization for the minor, using FORM B2.
         3. The Covered Program shall keep medications in an appropriate and secure location.
         4. The Covered Program shall maintain a record showing the date and time of each dispensation of medication and the signature of the person who dispensed medication.
         5. Personal “epi” pens and inhalers may be carried by a minor during Covered Program activities if they are authorized on FORM B1.
   7. Standards of Conduct for Covered Adults in Covered Programs Sponsored by a University Unit
      1. All Covered Program activities involving minors shall be supervised by at least two (2) or more Covered Adults. There shall be no one-on-one contact between a minor and a Covered Adult unless one-on-one contact is essential to the program and has been approved in advance by the Director of Safety and Security or their designee. The term “one-on-one contact” shall mean private, unsupervised, face-to-face interaction between a minor and a Covered Adult without at least another Covered Adult, parent, or legal guardian being present.
      2. There shall be no physical contact between a minor and a Covered Adult during the Covered Program unless physical contact is essential to the program and has been approved in advance by the Director of Safety and Security or their designee.
      3. There shall be no personal, non-programmatic related communications between a minor and a Covered Adult during the Covered Program, or after the Program has ended, unless the minor and the Covered Adult have a relationship that existed before the Program.
      4. The Program Director shall ensure that an appropriate ratio of Covered Adults to minors exists, based on the following factors:
         1. The age of the minors participating in the Covered Program;
         2. Whether the Covered Program involves an overnight stay; and
         3. The nature of the activities involved in the Covered Program.
      5. The Program Director shall develop and make available standards of conduct applicable to Covered Adults. The rules contained in FORM D are mandatory standards of conduct for Covered Adults in all Covered Programs. The Program Director may develop additional standards of conduct that do not conflict with the rules in FORM D.
   8. Procedures for Covered Programs Sponsored by a University Unit with Overnight Stays
      1. A Covered Program shall develop and make available to minors the rules and disciplinary procedures applicable to the Covered Program and establish and communicate an age-appropriate curfew for participating minors.
      2. All Covered Adults in a Covered Program with an overnight stay must wear an easily visible form of identification indicating his/her association with the Covered Program.
      3. Prohibitions on the following must be included in the rules for minors participating in a Covered Program:
         1. The possession or use of alcohol and other drugs, fireworks, firearms, and other weapons
         2. Violence
         3. Hazing
         4. Harassment in violation of the University’s anti-discrimination policy
         5. Bullying, including verbal, physical, and cyber bullying
         6. Theft
         7. Use of tobacco products
         8. Misuse of, or damage to, University property
         9. Operation of a motor vehicle
         10. Inappropriate use of cameras or other imaging devices, including but not limited to the use of such devices in showers, restrooms, or other areas in which someone has a reasonable expectation of privacy
         11. Viewing pornography during the Covered Program, or making any form of pornography available to another minor participating in the Covered Program or assist another minor in any way in gaining access to any form of pornography
         12. In-room visitation of minors of the opposite gender participating in the Covered Program.
         13. In-room visitation by guests of minors participating in the Covered Program (visitation by guests of minors shall be restricted to visitation in the building lobby and/or floor lounges, and only during approved hours specified by the Covered Program)
         14. Leaving University property during a Covered Program without the approval of the Program Director or his/her designee

3. Exceptions
   1. Exceptions to this procedure may be granted by the Director of Safety and Security or their designee, following consultation with the UT Southern Human Resources Officer and the Office of the General Counsel.

4. Forms for Reference
   1. Programs for Minors Registration Form (FORM A)
   2. Medical Information and Medical Treatment Release and Authorization Form (FORM B)
   3. Authorization for Self-Administration of Prescription Medication (FORM B1)
   4. Authorization for Dispensation of Over-the-Counter Medication (FORM B2)
   5. Tennessee Law on Mandatory Reporting of Child Abuse and Child Sexual Abuse Acknowledgement (FORM C)
   6. Standards of Conduct for Covered Adults (FORM D)
   7. Release, Hold Harmless and Indemnification Agreement (FORM E)
   8. Third Party License for Use of University Property for Program Involving Minors (FORM E1)

Penalties/Disciplinary Action for Non-Compliance

A Covered Program in violation of this procedure may be denied permission to continue operation in connection with UT Southern. Any violations of this procedure by an individual will be handled in accordance with other applicable University policies and procedures, which for University employees may include disciplinary action up to and including termination of employment. In addition, a person who fails to comply with Tennessee laws on mandatory reporting of child abuse and child sexual abuse can face criminal prosecution.

Responsible Official & Additional Contacts

Name	Office	Office Number	Email Address
Josie Brown	Office of Safety and Security	931–424–2055	jbrown@utsouthern.edu