CW 050 - Protection Of Minors Policy

Policy

The College is committed to the shared values of caring, citizenship, and responsibility. Under this umbrella of shared values, all employees, students, contractors, subcontractors, partners, and volunteers will prevent minor abuse when possible and report it when suspected.

Guidelines

The following requirements apply to CWI Covered Programs:

SECTION 1 – PRE-PROGRAM REQUIREMENTS

Program Registration

All CWI Covered Programs and Affiliated Covered Programs, either one-time or ongoing, serving Minors must be registered with CWI Risk Management no less than thirty (30) days prior to the commencement of the Program. In the case of Affiliated Covered Programs, it is the responsibility of the activity organizer, director, dean, or department chair to register the event and provide notice of the event to their respective Executive Operations Team (EOT) member. Program registration must be completed by the Responsible Individual and Risk Management must be notified of any material changes to any Program no later than twenty-four (24) hours after the Responsible Employee becomes aware of the change.

Background Checks

A background check shall be required of each Employee, Involved Student, and Volunteer prior to any interaction or participation with Minors in any CWI Covered Program.

CWI Affiliated Covered Programs are required to conduct criminal background checks on their employees, volunteers, and representatives that will interact with Minors. The College may request any additional information it deems necessary to ensure the requirements of this policy are being met.

Mandatory Training on the Prevention, Recognition, and Reporting of Minor Abuse

Employees, Involved Students, and Volunteers who participate in CWI Covered Programs must complete protection of minors training, as specified by Risk Management, or provide documentation of Other Equivalent Training. 

Third Party Program agreements must include terms where the Vendor warrants and represents that all employees having contact with minors will receive appropriate training and background checks and mandatory reporting training to be allowed to operate on CWI premises.

SECTION 2 – CWI EMPLOYEE, INVOLVED STUDENT, AND VOLUNTEER REQUIREMENTS

Requirement for CWI Covered Program

Prior to interacting with Minors, all Employees, Involved Students, and Volunteers must:

1. Complete specified training (Section 3)
2. Review this policy in its entirety
3. Have successfully completed a criminal background check
4. Acknowledge reporting requirements under Idaho Law regarding child abuse, neglect, and abandonment.

General Consideration with Minors

When interacting with Minors, all Employees, Involved Students, and Volunteers should:

1. Be vigilant in the protection of minors with whom they interact
2. Watch for signs of Minor Abuse, both within the program, and in general (Section 5)
3. Promptly report suspected instances of Minor Abuse
4. Always follow the Code of Conduct for Interacting with Minors (Section 4)
5. Report any potential non-compliance with this policy or other possible risks to Minors to the Responsible Individual or Risk Management promptly.

Reporting Requirements

When to Report Minor Abuse

Under this policy and state law, all CWI employees, students, and volunteers who suspect Minor Abuse are required to report the abuse to law enforcement or the Idaho Department of Health and Welfare within twenty-four (24) hours. There is no need to investigate or ensure that evidence exists before reporting.

Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that appropriate professionals in law enforcement and/or child protective services can assess the report and evaluate the safety of the Minor.

Where to Report Minor Abuse

Idaho law requires anyone who suspects Minor Abuse to report it immediately to law enforcement or the Idaho Department of Health and Welfare.

If a Minor may be in imminent harm, dial 9-1-1 or activate a blue emergency phone located on campus.

Otherwise, immediately report the incident to:

1. Campus Security at (208) 562-3333
2. The Child Protection Division at the Idaho Department of Health and Welfare at (208) 334-5437 or using Idaho Department of Health and Welfare’s Care Line by dialing 2-1-1.
3. All reporting options allow anonymous or confidential reporting.

Additional Reporting Requirements

Any person designated as an Official With Authority under the College’s Respectful Community Policy or a Campus Security Authority under the Clery Act must follow established reporting requirements.

SECTION 3 – TRAINING REQUIREMENTS FOR THOSE INVOLVED WITH MINORS

CWI Covered Programs

CWI Employees, Involved Students, and Volunteers who are involved in Covered Programs involving Minors, as well as employees, volunteers and other representatives of partner organizations or entities that operate programs or activities involving Minors on campus, are required to satisfy specific training and certification requirements.

All individuals working with Minors in CWI Covered Programs are required to review this Policy once per calendar year and sign a certification confirming that they understand and will comply with the terms of this Policy. A copy of this certification must be submitted for each program. In addition, Employees, Involved Students, and Volunteers must complete an online training course. The training course is designed to assist those who work with Minors in establishing a comprehensive program for protecting Minors from sexual misconduct by addressing prevention strategies and reporting abuse. This online training course should be completed at least two (2) days prior to the start date of the Program involving Minors. The Responsible Individual is responsible for collecting copies of signed certifications and training completion certifications from the Employees, Involved Students, and Volunteers and promptly forwarding them to Risk Management, not less than two (2) days from the date of any program or activity.

Third-Party Program

All Third-Party Programs that provide operation or services that involves minors are required to register with the CWI Risk Manager and also execute a written agreement with CWI that includes the following terms:

1. General liability insurance with limits of at least $1 million per occurrence and $3 million aggregate.
2. Sexual Misconduct (also known as Abuse and Molestation) liability insurance with limits of at least $1 million per occurrence and $3 million aggregate.
3. Warrant and representation from the Third-Party Program that all their employees, volunteers, or staff under their direction (or, if there are no employees, the lead contractor or supervisor) providing direct, on-site supervision of the activity are aware that they are mandated reporters under Idaho statutes of suspected abuse, neglect, or abandonment of a Minor.
4. An indemnification clause in which the Third-Party Program agrees to indemnify CWI Board of Trustees and all CWI employees and CWI volunteers for claims, lawsuits, or other actions that arise as a result of the Third-Party Program’s use of CWU facilities.

SECTION 4 – POLICY ADMINISTRATION

Oversight and Responsibilities

Risk Management will track program information and written agreements, while ensuring compliance with this policy and best practices in the prevention of Minor abuse. Risk Management in conjunction with Human Resources will track background checks, to be performed by Human Resources, and training completion on the prevention of Minor abuse. Program organizers or designees shall register programs involving Minors with Risk Management with sufficient advance notice to meet the requirements and intentions of this policy. (Minimum one (1) month).

Enforcement

CWI Covered Programs which are not in compliance with this Policy will be terminated and the policy violation will be reported to the CWI Covered Program Supervisor and to CWI Human Resources.

Covered Programs which are found not to be in compliance while operating may be immediately terminated, suspended until compliance with the policy is achieved, or be required to comply with immediate remediation steps, at the sole discretion of the Risk Manager or designee. 

Violations of this Policy may include the full range of corrective actions available including suspension, expulsion, dismissal, termination, and exclusion from campus. The College may also take necessary interim actions before determining whether a violation has occurred. The College may terminate relationships or take other appropriate actions against non-CWI entities that violate this Policy. Any violations of law will be reported to the proper authorities.

Policy Interpretation

Questions about the interpretation or application of this Policy should be raised with the Risk Manager, who shall have sole discretion to interpret and apply this policy in the manner that best serves the protection of minors and the interests of the College.

SECTION 5 – CODE OF CONDUCT FOR INTERACTING WITH MINORS

All employees, students, contractors, subcontractors, and volunteers who interact with Minors through programs are required to comply with the following code of conduct when interacting with Minors.

1. Do not spend time alone, either on or off campus, with a Minor away from others.
   1. If one-on-one interaction is required, meet in open, well-lit rooms or spaces with windows observable by other adults from the Program.
   2. It is expected that activities where Minors are present will involve two or more authorized adults.
   3. When it is not possible to comply with the above, parents/guardians of Minors must sign a specific waiver acknowledging that they understand their Minor is engaged in a program that requires a one-on-one interaction (Minor to Adult) such as a private lesson or medical exam.
2. Do not engage in any behavior of a sexual nature with, or within the vicinity of Minors, including but not limited to engaging in sexual actions, making sexual comments, telling sexual jokes, or sharing or viewing sexually explicit material with or within the vicinity of Minors, except as necessary for Program-relevant academic content or providing competent medical services.
3. Do not touch Minors in a manner that a reasonable person could interpret as inappropriate, including but not limited to:
   1. Contact with a Minor’s breasts, buttock, groin, or genitals, or touching a Minor with any of these body parts;
   2. Making a Minor touch himself/herself or another person with or on the breasts, buttock, groin, or genitals;
   3. Other bodily contact in a sexual manner, though not involving contact with breasts, buttocks, groin or genitals, for example back or shoulder massages;
   4. Bodily contact required to provide competent medical services is explicitly exempted from this section.
4. Do not shower, bathe, or undress with or in the presence of a Minor.
5. Do not engage in any abusive conduct of any kind toward, or in the presence of a Minor, including but not limited to verbal abuse, hitting, punching, poking, or inappropriate restraining, except as required to protect a Minor or others from harm. All incidents involving such conduct, whether or not required to protect a Minor or others from harm, must be documented and disclosed promptly to the Program Director and the Minor’s parent/guardian.
6. Be aware of the impact of words and language upon Minors.
7. Do not tell Minors “This is just between the two of us” or use similar language that encourages Minors to keep secrets from their parent/guardians.
8. Do not use, possess, share, or be under the influence of alcohol or illegal drugs while on duty or when responsible for a Minor’s welfare. The misuse of prescription medications shall be determined to be a violation. See HR 030 – Drug Free Workplace Policy and the CWI Drug and Alcohol Abuse Prevention Program.
9. Do not distribute any medication or dietary supplement to a Minor without prior written approval of the Minor’s parent/guardian, except in case of emergency.
10. Do not meet with Minors outside of established times for Program activities. Any exceptions require prior written parental authorization and must include more than one adult from the Program.
11. Do not engage or converse with Minors through email, text messages, social networking websites, or other forms of social media at any time except and unless there is an educational or programmatic purpose for the communication and the content of the communication is consistent with the mission of the Program and the College.
12. When transporting Minors in a Program, more than one adult from the Program must be present in the vehicle, except when multiple Minors will be in the vehicle at all times during the transportation. Use of personal vehicles is not permitted. When it is not possible to comply with this guideline, parents/guardians of Minors must sign a specific waiver acknowledging that they understand their Minor is engaged in a Program that requires one-on-one interaction (Minor to Adult).

SECTION 6: SIGNS OF MINOR ABUSE AND NEGLECT

There are often certain recognizable physical and behavioral indicators of Minor abuse or neglect. The following signs, by themselves, may not be conclusive evidence of a problem, but serve as indicators of the possibility that a problem exists.

1. Signs of Physical Abuse
   1. Bruising, welts, or burns that cannot be sufficiently explained; particularly bruises on the face, lips, and mouth of infants or on several surface planes at the same time;
   2. Withdrawn, fearful or extreme behavior;
   3. Clusters of bruises, welts, or burns, indicating repeated contact with a hand or instrument;
   4. Burns that are insufficiently explained; for example, cigarette burns; and
   5. Injuries on children where children do not usually get injured (e.g., the torso, back, neck, buttocks, or thighs).
2. Signs of Sexual Abuse
   1. Difficulty walking or sitting;
   2. Pain or itching in the genital area;
   3. Torn, stained, or bloody underclothing;
   4. Frequent complaints of stomachaches or headaches;
   5. Sexually transmitted infection;
   6. Bruises or bleeding in external genitalia;
   7. Feeling threatened by physical contact;
   8. Inappropriate sex play or premature understanding of sex;
   1. Frequent urinary or yeast infections; and
   10. Direct statements the Minor was sexually abused.

3. Signs of Emotional Injury
   1. Speech disorders;
   2. Inability to play as most children do;
   3. Sleeping problems;
   4. Anti-social behavior or behavioral extremes;
   5. Delays in emotional and intellectual growth;
   6. Sudden loss of self-confidence or self-esteem;
   7. Avoidance of certain situations/activities; and
   8. Desperate seeking of affection.
4. Signs of Neglect
   1. Lack of medical or dental care;
   2. Chronically dirty or unbathed;
   3. Lack of adequate school attendance;
   4. Lack of supervision; for example, young children left unattended or with other children too young to protect or care for them;
   5. Lack of proper nutrition;
   6. Lack of adequate shelter;
   7. Self-destructive feelings or behavior;
   8. Alcohol or drug abuse;
   1. Taking food or money without permission;
   10. Eating a lot at one sitting; and
   11. Hiding food for later consumption.

Each case of minor abuse or neglect is individual. The child who has been hurt is always the victim. If you believe a child may be the victim of abuse or neglect, contact the Idaho Department of Health and Welfare at (208) 334- 5437 or the Care Line at 2-1-1. Additionally, CWI Campus Safety & Security can be reached at (208) 562-3333. Always dial 9-1-1 in case of an emergency.