University of Wisconsin-Madison Precollege & Youth Program Policy

Table of Contents

1. Policy Summary
2. Who This Policy Applies To
3. Policy Detail
4. Consequences for Non-Compliance
5. Supporting Tools
6. Definitions
7. Responsibilities
8. Links to Related Policy

Policy Summary

The University of Wisconsin–Madison (University) is committed to the well-being, safety, and protection of all members of the University community, including Minors. The University community recognizes Minors are a vulnerable population, and they require special attention and protection. This policy establishes the University’s minimum requirements and expectations for precollege and youth programming and safety and requires registration, screening, and training for all persons involved in programming to identify and address issues that may affect Minors in the University community.

Who This Policy Applies To

This policy applies to:

• All members of the university community that are Authorized Adults (including but not limited to faculty, academic staff, university staff, employees, students, student employees, graduate students, postdoctoral trainees, interns, affiliates, volunteers, contractors, consultants, visitors, and third-party vendors) supervising or interacting with Minors.
• Third parties using University Facilities for programs that include Minors.
• Programs and activities held both on and off campus, including those held in other municipalities, states, and nations.

This policy does not apply to:

• A person under the age of eighteen (18) who is a matriculated student at the University.
• University or affiliated sponsored events or Programs open to the general public, or locations generally open to the public, and which Minors attend at the sole discretion of their parent(s) or legal guardian(s).
• Medical care given in an in-patient or out-patient setting pertaining to minors in a university patient-care setting.
• Institutional Review Board (IRB)-approved research.
• University daycare and preschool services provided by a licensed health or daycare provider or employee or volunteer acting under the direction of a licensed health care provider.
• Private events where Minors attend under parental or legal guardian supervision and programs where the University does not have the custodial care of the Minor. For example, educational programs where the non-university entity maintains the custodial care of the Minor and is therefore responsible for the vetting of parties around the Minor.
• Programs presently conducted under the auspices of Cooperative Extension (presently identified as Cooperative Extension, a unit of UW Colleges and Extension until July 1, 2019, but thereafter operating as UW-Madison Extension).*

The University has specific policies addressing Minors. The Precollege & Youth Programming Policy supports and complements existing policies and guidelines for Minors on campus. It also describes the resources that are available to all departments and units to help protect Minors engaged in Programs at the University. This policy does not supersede: any stricter standards set by state or federal laws; college, school, department, division or unit Programs that apply to supervision of and contact with Minors; or the University policy governing the supervision of Minors who are participating in University research, which is overseen by the campus Institutional Review Board (IRB).

* Cooperative Extension maintains extensive policy protections relating to youth safety, and will continue to follow these policies while simultaneously working with UW-Madison to ensure that all policies are both mutually compatible and complementary.

Policy Detail

I. Program Registration Requirements

The following requirements must be met prior to operating a Program sponsored or operated in whole or in part by the University. Details regarding the requirements can be found in the UW-Madison Youth Program Manual (Appendix A).

1. Eligibility.
   1. The University requires any Program to be sponsored and controlled by a University college, school, unit, or department through the approval and signature of a RES.
   2. Every program must have a Risk Executive Sponsor designated Program Director who is an Authorized adult. Program directors are responsible for ensuring their program’s adherence to the requirements under this policy and must maintain documentation verifying compliance with screening, training, and supervision requirements under this policy and applicable University record retention requirements.
2. Registration. Every Program must register with the Office of Precollege & Youth Program Compliance no later than thirty (30) days prior to the start date of the program.
3. Data Retention. Programs must agree to obtain and retain program documentation properly.
4. Camps and Clinics Special Medical Insurance. All programs must purchase Camps and Clinics Special Medical Insurance for participants while participating in programs both on and off campus.
5. Supervision Plan. Each Program must establish a plan for adequate supervision based on the number and average age of Minors, the Program activity, and whether overnight accommodations are involved.
6. Every Designated Individual must be clearly identifiable through name tags, staff shirts, or yellow lanyards at all times.
7. Safety Plan. All programs must establish and document a Safety Plan. (See Precollege & Youth Program Safety Plan, Appendix D.)

II. Designated Individual and Authorized Adult Screening Requirements

1. Designated Individuals and Authorized Adults must satisfy the criminal background check and screening requirements equivalent to the University’s Position of Trust requirements. The check must be completed prior to supervising or interacting with minors:
   1. The first time they work in any Program for Minors.
   2. Upon returning to work in any Program for Minors after any break in service from the University.
   3. Every two years for UW-Madison employees with no break in service, to remain eligible to work in Programs with Minors.
   Parental consent must be given for an individual under the age of 18 requiring a criminal background check.
2. Self-Reporting: Designated Individuals and Authorized Adults are required to report any of their own criminal arrests, charges, or convictions (excluding misdemeanor traffic offenses punishable only by fines) within twenty-four (24) hours or at the earliest opportunity.
3. Records related to criminal background check screening must be kept consistent with the applicable University records retention requirements.
4. Program Directors must ensure all Designated Individuals who supervise or interact with Minors and all Authorized Adults who interact with Minors during the Program complete the criminal background check screening requirements.

III. Training Requirements

1. All Authorized Adults and Designated Individuals must complete annual training administered or approved by the Office of Precollege & Youth Program Compliance. The requirements and standards are stated in the UW-Madison Youth Program Manual. See Appendix A.
2. Program Directors must ensure that Authorized Adults and Designated Individuals annually complete the training required in subsection (A).
3. All training must be completed prior to any work in a program.

IV. Appropriate Interactions with and Supervision of Minors

Adults should serve as positive role models for Minors and act in a caring, honest, respectful, and responsible manner that is consistent with the mission and guiding principles of the university. The behavior of all members of the University community is expected to align at all times with the University and applicable behavioral expectations and codes of conduct. The following additional interaction and supervision requirements apply to all Programs, Authorized Adults, and Designated individuals.

1. No One-on-one Contact (Rule of Three): There must be at least two (2) adults and one Minor or two (2) minors and one adult present within the context of the supervision plan. The only exceptions to this policy are as follows:
   1. There is a familial or legal guardian relationship between the adult and Minor.
   2. Instructional and research settings where one-on-one tutoring occurs. In such settings, free access to the instructional or research setting by Authorized Adults to and from any space must be maintained at all times. Examples to achieve this include: no window or door coverings that would restrict or eliminate visibility into the room and ensuring doors that are used to enter and exit the space are unlocked and accessible. In such settings it is strongly encouraged to leave doors open when feasible. If doors cannot remain open, the Rule of Three must be in place at all times.
   3. Emergency Exception. The prohibition of one-on-one contact identified in this policy may be temporarily suspended if an emergency situation warrants it (e.g., one adult accompanies a Minor to the emergency room, is summoning law enforcement, or is searching for a missing Minor). An alternative adult must join the group to reestablish supervision ratios as soon as feasible.
2. Privacy of Minors Respected: Adults must respect the privacy of Minors in situations such as changing clothes and taking showers whenever possible. Intrusions are permitted only to the extent that health and safety require. Adults must protect their own privacy in similar situations.
3. Prohibited Conduct. Authorized Adults shall not:
   1. Have one-on-one contact with minors. See Section IV (A) above for exceptions to this prohibition.
   2. Engage in Discrimination or Harassment. The University does not tolerate any discrimination or harassment involving Minors participating in Programs or any other university events. Participation in any activity that is deemed to be discrimination or harassment will result in immediate removal from the Program. See Precollege & Youth Participant Packet, Appendix E.
   3. Use cell phones, cameras, imaging, or digital devices in an inappropriate way. Use of a device capable of recording or transmitting visual images in shower houses, restrooms, or other areas where privacy is expected by participants is prohibited.
   4. Meet with minors outside of established times for program activities.
   5. Touch minors in a manner that a reasonable person could interpret as inappropriate.
   6. Engage in any abusive conduct of any kind toward, or in the presence of, a minor, including but not limited to verbal abuse, striking, hitting, punching, poking, spanking, or restraining.
   7. Shower, bath, or undress with or in the presence of minors.
   8. Share a bed or sleeping bag with a minor.
   9. Use, possess, or be under the influence of alcohol or illegal drugs.
   10. Be alone in a vehicle with a minor at any time. Another minor or adult must be present.
   11. Have direct electronic contact with minors without another person included in the communication. This includes but is not limited to telephone, social media, text or email.
   12. Make sexual materials in any form available to minors participating in Programs or activities or assist them in any way in gaining access to such materials.
   13. Seek out Program Participants on social media platforms such as Facebook, Instagram and Twitter, etc.

V. Recognizing, Responding, and Reporting

The University is dedicated to the safety and welfare of minors. It is imperative that everyone actively participate in the protection of Minors and be alert to safeguard the safety of Minors.

1. For incidents of child abuse and neglect all University employees, volunteers, and contractors must comply with the University Policy on Mandatory Reporting of Child Abuse and Neglect. See Incident Reports, Appendix G.
2. Every member of the University community may have unique reporting requirements, and all are encouraged to notify the University of violations of:
   1. This policy and other University policies
   2. UW-Madison Policy on Sexual Harassment and Sexual Violence
   3. Inappropriate or suspicious behaviors that may not rise to the level of abuse
   4. Minor-to-Minor sexualized behaviors and abuse

Reports to the university can be made to a supervisor, Title IX Coordinator, administrator, or Director of the Office of Precollege & Youth Program Compliance and must follow the University’s required reporting procedures.

VI. Investigation and Resolution

Pursuant to applicable policy the University’s investigation and resolution procedures will be carefully followed to ensure that the rights of all those involved are protected. The safety and well-being of the Minor is the key consideration when deciding what interim safety measure(s) to initiate and maintain.

VII. Third-Party Programs

Third-Party Programs, facility rentals, and non-university sponsored events may be allowed on University Facilities but only if they comply with the requirements of Vice Chancellor for Finance Third Party Vendor Policy (See Appendix H), this policy, and the procedures in the UW-Madison Youth Program Manual (See Appendix A).

VIII. Authority/Enforcement

The University delegates authority to the Office of Precollege & Youth Program Compliance for oversight of any Programs involving Minors held in University Facilities on or off campus sponsored by the University and for activities or programs sponsored in whole or in part by third parties and/or facility rental agreements occurring on University facilities.

1. Programs are subject to periodic site-visit inspections conducted by the Office of Precollege & Youth Program Compliance.
2. Colleges, schools, departments, divisions, units, third parties, or Authorized Adults must cooperate with investigations when they occur.
3. Any compliance documentation must be made available to the Office of Precollege & Youth Program Compliance upon request.

Consequences for Non-Compliance

1. Any violations of University policies by an individual will be dealt with in accordance with applicable University policies and procedures, which may include removal from the Program and/or appropriate employee disciplinary actions up to and including termination. Legal prohibitions regarding physical presence on campus/trespassing may also be pursued.
2. Volunteers or affiliates who violate this policy could result in the immediate dissolution of any affiliation with the University.
3. Programs in violation of this policy may result in consequences up to and including termination of the Program.
4. Suspected violations of law will be referred to law enforcement and may result in criminal penalties.

Supporting Tools

• Appendix A: UW-Madison Youth Program Manual (PDF document)
  • Appendix A-1: Sample Staff Code of Conduct
• Appendix B: Adult-to-Minor Supervision Ratio Chart – based on UW-Madison Minor Protection and Adult Leadership Policy, with modifications due to field trips
• Appendix C: Emergency Guide – UWPD
• Appendix D: Precollege & Youth Programming Safety Plan
• Appendix E: Precollege Youth Participant Packet (includes sample Code of Conduct/Behavioral Expectations and participant forms and waivers)
  • Appendix E-1: Sample Youth Code of Conduct
• Appendix F: Risk Executive Sponsor Overview and Checklist
  • Appendix F-1: Risk Executive Sponsorship Form
• Appendix G: Incident Reports
• Appendix H: Links to additional resources and related policies

Definitions

Responsibilities

Office of Precollege & Youth Program Compliance

• Provides quarterly reports to Compliance, Risk Management, Deans, and Department heads in regard to programs abiding by youth protection policies
• Provides ongoing training for all precollege and youth programs through the Precollege Council
• Audits all programs to assure compliance with all federal, state, and UW youth policies
• Retains all data relevant to participants, staff, affiliates, and guests related to compliance and precollege and youth programming
• Provides youth protection training for all youth serving communities affiliated with the University of Wisconsin-Madison
• Evaluates programming efforts for efficacy and structure
• Conducts periodic reviews of the policy with campus human resources departments
• Implements needed changes to the policy
• Oversight of CPR/First Aid Implementation
• Oversight of Program Development and Child Abuse Prevention Training
• Grants permission for a program to operate on campus
• Trains all programs on participant data collection, including but not limited to program registration, media release, permission to treat, transcripts, and medical data
• Houses all program data for campus
• Houses UW campus emergency plan templates for minors and trains accordingly with support of UHS, EHPA, EHS, and UWPD

Risk Management

• Oversees issuance of insurance for all programs hosting minors on campus
• Provides information to the Office of Precollege & Youth Program Compliance regarding contracts on all outside parties considering hosting programs for minors on campus
• Provides a yearly audit of programs that need to go on probation due to lack of insurance
• Oversees all driver training compliance where applicable
• Responsible for all program and campus safety trainings for program directors

Office of Human Resources (OHR) and Division of Business Services

• Provides policy oversight to ensure compliance with campus policy regarding the hiring and screening of people working with minors
• Coordinates any necessary training opportunities for non-HR roles handling HR duties on campus, including but not limited to background checks, reference checks, sex offender registry clearance
• Provides up-to-date data to the Office of Precollege & Youth Program Compliance of any and all positions of trust indicated as Authorized Adults and Designated Individuals

Deans and Directors

• Ensures the college/school/division is consistently applying and complying with this policy
• Communicates division strategy to all employees
• Executes Risk Executive Sponsor Letters for all programs involving minors
• Communicates compliance strategy to all employees regarding registering youth programs on campus

College/School/Division HR

• Defines consistent parameters within the guidelines of this policy to address specific needs
• Ensures supervisors are consistently applying and complying with this policy

Program Director

• Ensures and monitors employee compliance with this policy
• Ensures all Authorized Adults and Designated Individuals attend mandated trainings
• Registers all programs with the Office of Precollege and Youth Programs
• Acquires all necessary signatures required to commence youth programming on campus 30 days prior to any event

Program Staff

• Understands and abides by UW-Madison’s minor protection and adult leadership policy
• Acquires and abides by all necessary policies and trainings regarding minors on campus
• Reports any and all suspicious or inappropriate behavior with minors as an active mandated reporter
• Reports to appropriate campus authorities incidences of perceived or actual non-compliance engaged in by others

Link to Current Policy

https://kb.wisc.edu/precollege-youth-program-policy

Links to Related Policy

• Precollege & Youth Programs Third Party Vendor Minimal Compliance Requirements
• UW-Madison Reporting Child Abuse and Neglect
• UW-Madison Mandatory Reporting
• UW System Administration Internal Policy HR-7, Mandatory Reporting of Child Abuse and Neglect Policy (Executive Order 54)
• UW System, Child Safety, Guidance in Complying with Executive Order #54
• Executive Order #54 (applies to child abuse and neglect)
• Wisconsin Child Welfare Professional Development System
  • Who Is a Mandated Reporter
  • Mandated Reporter Online Training
• UW-Madison Safe Learning and Working Requirements
• Criminal Background Check Policy
• Minor Protection and Adult Leadership HR Policy
• Children in the Workplace
• Minors in Labs (EHS)
• IRB Guidance: Research with Minors
• University of Wisconsin-Madison Worker’s Compensation
• UW System Risk Management Manual, Camps and Clinics Blanket Accident Insurance
• Day Camps for Children and Day Care Programs Established by School Boards– Wisconsin Department of Children and Families – Chapter DCF 252.
• Recreational and Educational Camps – Department of Agricultural Trade and Consumer Protection - Chapter ATCP 78.18.
• State of Wisconsin Employment of Minors and Work Permits
• State of Wisconsin Guide to Wisconsin’s Employment of Minors Laws
• Public Sector Employee Safety – Department of Safety and Professional Services