Programs and Activities Involving Minors on Campus

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Policy Code: 
5204
Approval Authority: 
Board of Trustees
Policy Type: 
University Policy
Policy Owner: 
Student Affairs
Responsible Office: 
Student Affairs - 828.251.6474

­­­­­­­­­­­­­­­­­­I. Purpose

UNC Asheville is committed to the safety of all individuals in its community. The University has particular concern for those who are potentially vulnerable, including minor children, who require special attention and protection. This Policy establishes guidelines for those in the University community who may work or interact with individuals under 18 years of age, with the goal of promoting the safety and wellbeing of minors.

II. Scope

This policy provides guidelines that apply broadly to interactions between minors and University students, faculty, staff[1] and volunteers[2] in University-run or -affiliated programs or activities. This policy also establishes requirements for non-University organizations and entities that operate programs or activities involving minors on campus, and University agreements with such organizations and entities shall reflect those requirements. All UNC Asheville students, faculty and staff are responsible for understanding and complying with this Policy. Appendices to this Policy set forth specific requirements and procedures and may be updated from time to time.

III. Definitions

Abuse or Neglect of Minors[3] for purposes of this Policy means infliction of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a person under age 18. Sexual abuse includes engaging in or attempting to engage in a sexual act or sexual contact with a minor, causing or attempting to cause a minor to engage in sexually explicit conduct, or exposing the minor to sexually explicit conduct. Neglect includes the failure to make reasonable efforts to prevent the infliction of abuse upon a person under age 18.

Campus for purposes of this policy means all buildings, facilities, and properties that are owned, operated, managed, or controlled by the University.

Minor for purposes of this policy means any person under the age of 18. UNC Asheville undergraduate students who are 17 or 16 years old are treated by this Policy similarly to all other students for purposes of their interactions with minors in University-run or -affiliated programs or activities and are subject to the requirements that apply to other students. No individual under the age of 16 shall be permitted to matriculate as a full time undergraduate student.

University-run or -affiliated programs and activities means programs or activities that UNC Asheville operates or sponsors or in which University students, faculty or staff engage through their University roles. This term does not include programs or activities in which one may engage that are unrelated to one’s status as a member of the University’s faculty, staff or student body.

IV. Guidelines and Responsibilities

When participating in University-run or -affiliated programs and activities, students, faculty and staff must:

  • Always be vigilant in protecting the well-being and safety of minors with whom they interact on campus or elsewhere.
  • Review the informational material about the signs of abuse and neglect of minors in Appendix A.
  • Watch for signs of minor abuse or neglect and promptly report suspected instances of abuse or neglect, or violations of this policy or law, as provided in Sections VII and VIII below.
  • Before engaging in any University-run or -affiliated program or activity involving contact with minors: meet the requirements of this Policy relating to training (Section V) and criminal background checks (Section VI); meet any additional requirements that relate to the specific program or activity; and determine whether they are a mandated reporter under North Carolina law (Section VIII).

University faculty and others on campus who only interact in classes or other normal academic settings with UNC Asheville undergraduate students under the age of 18 are not obligated to undergo the training or background checks required by this Policy. Anyone covered by this Policy who knows or suspects that an undergraduate student under the age of 18 has been abused or neglected must, however, make reports as required by Sections VII and VIII.

Non-University organizations and entities that operate programs or activities involving minors on campus must be aware of, and comply with, this Policy.

To the extent University faculty, staff or students are participating in programs or activities run by a non-University organization or entity off campus, they should familiarize themselves with, and follow, the policies of the organization relating to interactions with minors and understand their legal obligations with respect to working with minors in the program setting.

Information about the signs of abuse and neglect of minors appears in Appendix A.

V. Training for Those Participating in Programs and Activities

University students, faculty and staff who participate in University-run or -affiliated programs or activities involving minors must complete appropriate training. At a minimum, training must include:

  • Basic warning signs of abuse or neglect of minors.
  • Guidelines for protecting minors from emotional and physical abuse and neglect.
  • Requirements and procedures for reporting incidents of suspected abuse or neglect or improper conduct.

Training may be expanded depending upon the program or activity and the person’s role in the program or activity.

Non-University organizations and entities that wish to operate programs or activities involving minors on campus must provide documentation to the University indicating that all individuals who will be interacting with minors (and anyone who supervises such individuals) have received training that meets or exceeds the minimum requirements of this section.

Specific requirements and procedures for training appear in Appendix B.

VI. Criminal Background Checks

Certain categories of individuals will be required to clear a criminal background check prior to participation in University-run or -affiliated activities involving minors. The categories of individuals who must undergo background checks are listed in Appendix C.

If a criminal background check reveals adverse information or unfavorable results, the University will conduct an individualized assessment using criteria designed to identify potential risk to minors. The result of said assessment may affect regular employment in addition to affecting any work with minors. However, the assessment may also conclude that a prior conviction shall not automatically disqualify a person from participating in a program or activity. Except where required by law, criminal background checks of University faculty, staff and students that are conducted pursuant to this Policy will be used only for purposes consistent with this Policy and will otherwise be kept confidential. Records of background checks will be maintained separately from an individual’s personnel or student file. Background checks are facilitated through the Department of Human Resources and held on file in that office.

Non-University organizations and entities that operate programs or activities on campus involving minors must conduct criminal background checks of their employees, volunteers, and representatives that meet University standards. The University may request any additional information it deems necessary to meet the requirements of this Policy.

Specific requirements and procedures for background checks appear in Appendix C.

VII. Reporting Potential Harm to Minors

1. Emergencies

In case of an emergency, one should immediately call UNC Asheville’s Department of Public Safety and Campus Police at (828) 251-6710, or the Asheville Police Department at 911.

2. All Other Reports of Known or Suspected Abuse or Neglect of Minors

Anyone participating in a University-run or affiliated program or activity involving minors or a non-University program or activity operating on campus involving minors who knows, suspects, or receives information indicating that a minor has been abused or neglected, or who has other concerns about the safety of minors must inform the Title IX Office by calling 828.232.5658, 828.258.7872; or calling Campus Police at 828.251.6710. In addition, one should promptly notify his or her supervisor, program director, dean, or vice president, when it is safe and appropriate to do so.

Anyone who knows or suspects abuse or neglect of minors may also notify the Asheville Police Department, Buncombe County Sheriff’s Office, or the Buncombe County Child and Family Services Agency, as described in Section VIII of this Policy.

3. Questions

Questions about one’s obligations or what one should do in a situation that makes one uncomfortable should be raised with the Title IX Office at 828.232.5658 or 828.258.7872.

The University’s Retaliation Policy (Policy 3006) protects individuals from retaliation when they make good faith reports about problems.

VIII. Reporting: Additional Obligations for Mandated Reporters

In addition to the reporting obligations described in Section VII that the University imposes on those participating in programs involving minors, certain individuals are mandated reporters who have additional obligations under North Carolina law.

1. Mandated Reporters and Their Legal Obligations

North Carolina law designates individuals in certain occupations and professions as mandated reporters. Mandated reporters must report known or suspected mental or physical abuse or neglect of a child known to them in their professional or official capacity to either the Asheville Police Department  at 911 or the Buncombe County Child and Family Services Agency. The CFSA hotline, at 828.250.5900, is available 24 hours a day, seven days a week.

2. Mandated Reporters Under NC Law

Mandated reporters include: physicians, psychologists, medical examiners, dentists, chiropractors, nurses, law-enforcement officers, school officials, teachers, athletic coaches, social service workers, day care workers, mental health professionals, and others[4]. University faculty, staff or students who are working with minors in their professional or official capacity and who have questions about whether they may be considered mandated reporters under NC law should contact their supervisor, program director, dean or vice president.

3. UNC Asheville Mandated Reporters under the Clery Act

Include university officials with significant influence and responsibility over the livelihood and safety of students. This includes administrators, most faculty, residential assistants, and other Campus Security Authorities identified by Campus Police. CSA’s receive annual training from Campus Police. If you have questions about your role as a CSA, contact Campus Police at 828.251.6710.

IX. Addressing Reports of Abuse or Neglect

A. Whenever the University receives a report of alleged abuse or neglect of a minor in a University-run or -affiliated program or activity:

The person receiving the report shall immediately notify the Title IX Office, even if they believe the office has already been notified.

The Title IX Office, in consultation with Campus Police, the Office of the General Counsel, and appropriate senior University leadership, shall:

a) Take immediate steps to prevent further harm to the alleged victim or other minors, including, where appropriate, removing the alleged abuser from the program or activity or limiting his or her contact with minors pending resolution of the matter.

b) Determine whether the local authorities have already been notified and, if not, whether such notification is required or appropriate given the circumstances.

c) If the parents or guardians of the alleged victim have not been notified and are not the alleged abusers, notify the parents or guardians of the minor involved.

d) Investigate the report and resolve the matter in a way that safeguards minors, protects the interests of victims and reporters, affords fundamental fairness to the accused, and meets relevant legal requirements.

e) Facilitate the University’s cooperation with any investigation conducted by local authorities or any other governmental agency.

B. Whenever a report alleges that someone involved in a non-University program or activity on campus who is not a member of the University faculty, staff or student body has abused or neglected a minor, the person receiving the report shall immediately notify the Title IX Office, even if they believe the office has already been notified. The Title IX Office, in consultation with DPS, the Office of the General Counsel, and appropriate senior University leadership, shall coordinate with the non-University organization or entity as necessary to see that the requirements of Part A. 2 of this Section are accomplished.

X. Enforcement

Sanctions for violations of this policy will depend on the circumstances and the nature of the violation, but may include the full range of available University sanctions applicable to the individual including suspension, dismissal, termination, and, where appropriate, exclusion from campus. The University may also take necessary interim actions before determining whether a violation has occurred. The University may terminate relationships or take other appropriate actions against non-University entities that violate this Policy. The University will follow all North Carolina laws and protocols in holding individuals accountable for failure to report.[5]

XI. Policy Implementation and Modification

Questions about the interpretation or application of this Policy should be raised with the Title IX Office, which shall update or modify the Appendices to the Policy as necessary and administer and oversee the implementation of the Policy in a manner that best achieves its goals. The Policy may be modified with the approval of the Chancellor to reflect changes in the law, standards relating to the protection of minors, or University processes, or as otherwise necessary.


Appendices

  • Appendix A: Policy Notations
  • Appendix B: Signs of Childhood Abuse and Neglect
  • Appendix C: Training Requirements
  • Appendix D: Criminal Background Checks
  • Appendix E: Quick References for hosting minors on campus
  • Appendix Fa: Certification for Program Leaders
  • Appendix Fb: Certification for Program staff and volunteers

Appendix A: Policy Notations

[1] As used in this Policy, the term “staff” includes those persons who are not full time students and who are not classified as faculty, adjunct faculty, or lecturers.

[2] Those who are not members of the University’s faculty, staff or student body but who volunteer to assist the University or University faculty, staff or students with University-run or -affiliated programs involving minors may be subject to some or all of the requirements of this Policy. Those engaging volunteers should contact the Title IX Office to discuss their situation and how the Policy requirements apply.

[3] North Carolina Physical Abuse Citation: Gen. Stat. § 7B-101 ‘Abused juvenile’ means any child younger than age 18 whose parent, guardian, custodian, or caregiver:

  • Inflicts or allows to be inflicted upon the child a serious physical injury by other than accidental means
  • Creates or allows to be created a substantial risk of serious physical injury to the child by other than accidental means
  • Uses or allows to be used upon the child cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior
  • Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile
  • Commits or allows to be committed the offense of human trafficking, involuntary servitude, or sexual servitude against the child

Neglect Citation: Gen. Stat. § 7B-101 ‘Neglected juvenile’ means a child:

  • Who does not receive proper care, supervision, or discipline from his or her parent, guardian, custodian, or caregiver
  • Who is not provided necessary medical or remedial care
  • Who lives in an environment injurious to his or her welfare
  • Who has been placed for care or adoption in violation of law In determining whether a child is a neglected juvenile, it is relevant whether that child lives in a home where another child has died as a result of suspected abuse or neglect or has been subjected to abuse or neglect by an adult who regularly lives in the home.

    • ‘Serious neglect’ means conduct, behavior, or inaction of the juvenile’s parent, guardian, custodian, or caregiver that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to the juvenile’s health, welfare, or safety, but does not constitute abuse.

Sexual Abuse/Exploitation Citation: Gen. Stat. § 7B-101 The term ‘abused juvenile’ includes any child younger than age 18 whose parent, guardian, custodian, or caregiver commits, permits, or encourages the commission of a violation of the following laws regarding sexual offenses by, with, or upon the child:

  • First and second degree rape or sexual offense
  • Rape of a child by an adult offender
  • Sexual act by a custodian
  • Unlawful sale, surrender, or purchase of a minor
  • Crime against nature or incest
  • Preparation of obscene photographs, slides, or motion pictures of the child
  • Employing or permitting the child to assist in a violation of the obscenity laws
  • Dissemination of obscene material to the child
  • Displaying or disseminating material harmful to the child
  • First and second degree sexual exploitation of the child
  • Promoting the prostitution of the child
  • Taking indecent liberties with the child

Emotional Abuse Citation: Gen. Stat. § 7B-101 The term ‘abused juvenile’ includes any child younger than age 18 whose parent, guardian, custodian, or caregiver creates or allows to be created serious emotional damage to the child. Serious emotional damage is evidenced by a child’s severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others.

Abandonment Citation: Gen. Stat. § 7B-101: The term ‘neglected juvenile’ includes a child who has been abandoned.

Standards for Reporting Citation: Gen. Stat. § 7B-301: A report is required when any person has cause to suspect that any juvenile is abused, neglected, or dependent or has died as the result of maltreatment.

  • Persons Responsible for the Child Citation: Gen. Stat. § 7B-101 ‘Responsible individual’ means a parent, guardian, custodian, or caretaker who abuses or seriously neglects a juvenile. The term ‘caretaker’ means any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting, including:

    • A stepparent, foster parent, or an adult member of the juvenile’s household
       
    • An adult relative entrusted with the juvenile’s care
       
    • Any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile’s health and welfare in a residential child care facility or residential educational facility
       
    • Any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services ‘Caretaker’ also means any person who has the responsibility for the care of a juvenile in a child care facility and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider.

Exceptions No exceptions are specified in statute.  

Child Welfare Information Gateway

[4] N.C.G. S. §7B-302(b) is North Carolina’s mandatory reporting law that states "Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by N.C.G.S. §7B-301, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found." The intent of this legislation is to encourage reporting to the proper authority situations in which children may be at risk. It does not require that the reporter possess any information beyond a cause to suspect abuse or neglect. The reporter is not required to have witnessed the abuse or neglect or to have firsthand knowledge.

[5] N.C. Gen. Stat. § 7B-301 § 7B-301. Duty to report abuse, neglect, dependency, or death due to maltreatment.

(a) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found. The report may be made orally, by telephone, or in writing. The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. If the report is made orally or by telephone, the person making the report shall give the person's name, address, and telephone number. Refusal of the person making the report to give a name shall not preclude the department's assessment of the alleged abuse, neglect, dependency, or death as a result of maltreatment.

Upon receipt of any report of sexual abuse of the juvenile in a child care facility, the director shall notify the State Bureau of Investigation within 24 hours or on the next workday. If sexual abuse in a child care facility is not alleged in the initial report, but during the course of the assessment there is reason to suspect that sexual abuse has occurred, the director shall immediately notify the State Bureau of Investigation. Upon notification that sexual abuse may have occurred in a child care facility, the State Bureau of Investigation may form a task force to investigate the report.

(b) Any person or institution who knowingly or wantonly fails to report the case of a juvenile as required by subsection (a) of this section, or who knowingly or wantonly prevents another person from making a report as required by subsection (a) of this section, is guilty of a Class 1 misdemeanor.

(c) A director of social services who receives a report of sexual abuse of a juvenile in a child care facility and who knowingly fails to notify the State Bureau of Investigation of the report pursuant to subsection (a) of this section is guilty of a Class 1 misdemeanor.  (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 2; 1993, c. 516, s. 4; 1997-506, s. 32; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 3; 2013-52, s. 7.)

Appendix B: Signs of Abuse and Neglect

Nationally, most reports and substantiations of child maltreatment are neglect, followed by physical abuse and sexual abuse.

Neglect occurs when parents or caretakers do not provide proper supervision, control, subsistence, education as required by law, or other care necessary for healthy development. By itself, lack of financial means to provide for a child is not neglect.

Physical signs may include:

  • Poor hygiene
  • Inappropriate or ill-fitting clothing

Behavior signs may include:

  • Chronic hunger or sleepiness
  • Delayed language

Physical Abuse is non-accidental injury of a child by a parent or caretaker.

Physical signs may include:

  • Bruises, welts, or swelling
  • Sprains or broken bones
  • Burns
  • Lacerations or abrasions
  • Bite marks
  • Unexplained or repeated injuries

Behavioral signs may include:

  • Attempts to hide injuries
  • Difficulty in sitting or walking
  • Wariness of physical contact with adults
  • Reluctance to go home
  • Depression or self-mutilation
  • Fear of parents or caregivers

Sexual Abuse is exploitation of a child for the sexual gratification of an adult or older child.

Physical signs may include:

  • Difficulty in walking or sitting
  • Torn, stained, or bloody clothing
  • Genital pain or itching
  • Sexually transmitted infections
  • Pregnancy

Behavioral signs may include:

  • Precocious sexual knowledge or behavior
  • Extremes – hostile and aggressive or fearful and withdrawn
  • Self-multination
  • Substance abuse
  • Running away

To report child abuse and neglect in Buncombe County, call 828.250.5900, North Carolina Child and Family Services.

Appendix C: Training Requirements

Training Requirements for faculty, staff and students who are involved in University-run or -affiliated programs or activities involving minors, as well as employees, volunteers and other representatives of non-University organizations or entities that operate programs or activities involving minors on campus, are required to satisfy specific training and certification requirements.

University-Run or -Affiliated Programs or Activities

All individuals working with minors in University-run or -affiliated programs or activities are required to review the Working with Minors Guidelines (“Working with Minors: Information for Adults Participating in University-Run or -Affiliated Programs Involving Minors”) and sign the Certification contained in this Appendix B. In general, individuals who participate in programs or activities involving minors are required to review the Guidelines and sign the Certification for each program and discrete activity.

For programs with multiple regular activities involving minors, the program or activity director or supervisor should contact the Title IX Office (jmoffitt@unca.edu) to determine whether repeat Certifications are required. In addition, individuals who are required to read the Guidelines are to submit the signed Certification to the program or activity director or supervisor at least seven (7) days prior to the start date of any program or activity. The program or activity director or supervisor is responsible for collecting the Certifications from the adult participants and promptly forwarding them to the Title IX Office (Highsmith Union Rooms 207 and 209).

In addition, all individuals who are required to obtain a background check pursuant to this Policy, including program or activity directors, supervisors and individuals who work one-on-one, stay overnight, or are regularly alone with minors, must complete an online training course entitled: Working with Minors on Campus. The online-training course includes modules for (1) awareness, (2) boundaries, (3) codes of conduct, and (4) reporting. The training course is designed to assist faculty, staff and students who work with minors in establishing a comprehensive program for protecting children from sexual misconduct by addressing prevention strategies and reporting.

This online training course should be completed at least fourteen (14) days prior to the start date of the program or activity involving minors. Individuals required to do the online training must repeat the course annually, provided they continue as program or activity directors, supervisors or individuals who work one-on-one, stay overnight, or are regularly alone with minors.

Non-University Programs or Activities on Campus

Employees, volunteers and representatives of non-University organizations or entities that operate programs and activities involving minors on campus are required to comply with the training and certification requirements that apply to University-run or -affiliated programs and activities. Non-University organizations or entities must also submit to the sponsoring department or group (identified on the facilities use contract) a certification of compliance with the training requirements described herein at least fourteen (14) days prior to the start of any program or activity involving minors on campus. The sponsoring department or group is then responsible for forwarding the certification of training to the Title IX Office under the same protocol as required for University Programs or Activities on Campus aforementioned.

Training Packet - Working with Minors at UNC Asheville [1]

UNC Asheville has a strong interest in how our society cares for children and the most vulnerable among us and wants to do what it can to prevent the victimization of child and adolescent minors and promote their safety. To further this goal, this packet contains important information that individuals must review if they are participating in programs or activities involving minors that 1) the University operates; 2) that others operate in University facilities; or 3) that UNC Asheville students, faculty or staff are involved with in the community. [2]

You are receiving this information because you have been identified as participating in a covered program or activity. You must review the information in this packet and return the attached certification indicating that you have read the packet and agree to comply with the requirements it describes. You must also determine whether you may be a mandated reporter and agree to comply with the obligations imposed by law and by the University on mandated reporters. You may also be required to review additional materials that are germane to your specific situation.

This informational packet contains the following: 1) Guidelines for working with minors that will help you to maintain safe and positive interactions and reduce the risk of mistaken allegations; 2) Steps to take if you suspect that a minor has been abused or neglected or is otherwise unsafe, including information about how to report your suspicions or ask questions; 3) Advice on the signs of child abuse and neglect from Buncombe County Protective Services; and 4) An acknowledgement form that you must sign to certify that you have read and understood the information and will comply with your obligations if you are a mandated reporter.

Guidelines for working with minors:

Those associated with programs or activities involving minors should observe the following "dos" and "don'ts" in order to maintain a safe and positive experience for program participants, encourage parental confidence, and avoid mistaken allegations.[3]

Do:

  • Maintain the highest standards of personal behavior at all times when interacting with minors.
  • Whenever possible, try to have another adult present when you are working with minors in an unsupervised setting. Conduct necessary one-on-one interactions with minors in a public environment where you can be observed.
  • Listen to and interact with minors and provide appropriate praise and positive reinforcement.
  • Treat all minors in a group consistently and fairly, and with respect and dignity.
  • Be friendly with minors within the context of the formal program or activity while maintaining appropriate boundaries.
  • Maintain discipline and discourage inappropriate behavior by minors, consulting with your supervisors if you need help with misbehaving youth.
  • Be aware of how your actions and intentions might be perceived and could be misinterpreted.
  • Consult with other adult supervisors or colleagues when you feel uncertain about a situation.

Don't:

  • Don’t spend significant time alone with one minor away from the group or conduct private interactions with minors in enclosed spaces or behind closed doors.
  • Don’t engage in inappropriate touching or have any physical contact with a minor in private locations.
  • Don’t use inappropriate language, tell risqué jokes, or make sexually suggestive comments around minors, even if minors themselves are doing so.
  • Don’t give personal gifts to, or do special favors for, a minor or do things that may be seen as favoring one minor over others.
  • Don’t share information with minors about your private life or have informal or purely social contact with minor program participants outside of program activities.
  • Don’t strike or hit a minor, or use corporal punishment or other punishment involving physical pain or discomfort.
  • Don’t relate to minors as if they were peers, conduct private correspondence or take on the role of "confidant" (outside of a professional counseling relationship).
  • Don’t date or become romantically or sexually involved with a minor. Don’t show pornography to minors or involve minors in pornographic activities.
  • Don’t email, text, or engage with minors through social networking media unless there is an important educational or programmatic reason to do so and you are communicating consistently to all minors in the program.
  • Don’t provide alcohol or drugs to minors or use them in the presence of minors.

Steps to take if you suspect a minor is unsafe:

If you know, suspect, or receive information indicating that a minor has been abused or neglected, or if you have other concerns about a situation involving the safety of minors, follow the procedures described below.

Emergencies: Call Campus Police at 828.251.6710 or 911

When appropriate, inform the Title IX Office at 828.232.5658, who will work with Campus Police to ensure the appropriate authorities and parental/guardian notifications have been made pursuant to this policy as outlined in Section IX.

All Other Reports of Known or Suspected Abuse or Neglect of Minors:

Anyone participating in a University-run or -affiliated program or activity involving minors or a non-university program or activity operating on campus involving minors who knows, suspects, or receives information indicating that a minor has been abused or neglected, or who has other concerns about the safety of minors MUST inform the Title IX Office by calling (828) 232-5658, or calling Campus Police at (828) 251-6710 for 24-7 access who will inform the Title IX Office.

The Title IX Office, with support from other appropriate offices as necessary, will help determine appropriate next steps.

In addition, one should promptly notify his or her supervisor, program director, dean, or vice president, when it is safe and appropriate to do so.

Anyone who knows or suspects abuse or neglect of minors may also notify the Asheville Police Department and/or the Buncombe County Child Protective Services unit.

Mandated Reporters:

Campus Security Authorities: Include university officials with significant influence and responsibility over the livelihood and safety of students. This includes administrators, most faculty, residential assistants, and other Campus Security Authorities identified by Campus Police. CSA’s receive annual training from Campus Police. If you have questions about your role as a CSA, contact Campus Police at 828.251.6710.

North Carolina Law: N.C.G. S. §7B-302(b) is North Carolina’s mandatory reporting law that states " Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by N.C.G.S. §7B-301, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found." The intent of this legislation is to encourage reporting to the proper authority situations in which children may be at risk. It does not require that the reporter possess any information beyond a cause to suspect abuse or neglect. The reporter is not required to have witnessed the abuse or neglect or to have firsthand knowledge.


1 Visits to the University by minors, including stays in University-owned student housing by candidates for admission, prospective student athletes on unofficial visits, siblings of enrolled students, and other minor guests are generally not considered University-run or -affiliated programs or activities for purposes of the Protection of Minors Policy. The Residential Education Guest Policy governs the hosting of minor guests in University-owned student housing.

2 This packet describes requirements applicable to UNC Asheville undergraduate students, including those under the age of 18, who participate in programs involving minors.

3 These guidelines are not meant to inhibit medical, psychiatric or other professional interactions with minors where professional standards apply.


Appendix D: Background Check Requirements

The following categories of adults are required to undergo a criminal background check prior to their participation in University activities or programs involving minors:

  • Directors and supervisors of programs involving minors, including those who are responsible for supervising those who interact with minors;
  • Those who stay overnight with minors as part of their job responsibilities in a program or activity involving minors; and
  • Those who regularly spend time alone with minors as part of their job responsibilities or role in a program involving minors.

University Human Resources (UHR) will oversee the processing of criminal background checks.
The cost of the background check will be borne by the department, activity, or program responsible for the program involving minors and charged to the University Fund designated by the department, activity, or program. Human Resources will publish procedures by which University-run and affiliated programs and activities involving minors can request criminal background checks.
Background checks shall consist of a social security number trace and address locator for seven years, a search of federal and state or county databases for criminal history for the past seven years, and a sex offender registry check.

If a background check reveals adverse information or unfavorable results, an individualized assessment will be conducted, taking into account the following:

  • the nature of the finding;
  • the job for which the applicant is being considered;
  • the underlying event(s) that occurred;
  • the time elapsed since the finding;
  • the applicant’s employment history and other evidence of his or her activities in the intervening time since the finding; and
  • other relevant information.

A prior conviction shall not automatically disqualify an applicant from a program or activity, but shall be considered using the criteria identified above.

For University-sponsored or affiliated programs or activities, only a background check conducted by UNC Asheville or an external source approved by UNC Asheville will be accepted for purposes of this policy.

Background checks for UNC Asheville employees and students who participate in University-sponsored or affiliated programs or activities involving minors must be renewed after two (2) years. [1] Any employee or student who is required by this Policy to have a background check is under a continuing obligation, as long as he/she continues to participate in programs or activities involving minors, to disclose immediately any new felony or misdemeanor conviction to the Office of Human Resources.  Employees who have a break in service of more than six (6) months [2] and students who withdraw, are suspended or dismissed, or who take leaves of absence of more than six (6) months, will be required to undergo a new background check if they reengage in University programs or activities involving minors and would otherwise be required to undergo a background check pursuant to this policy.

Human resources will oversee the review of background checks for UNC Asheville faculty, staff, student employees working with minors, and volunteers, in consultation with appropriate departmental representatives and General Counsel.

The Office of the Provost or the appropriate campus Executive Vice Chancellor, with the advice of General Counsel, will make determinations in cases where criminal background checks for faculty reveal adverse information that is relevant to one’s participation in a program or activity covered by this policy.

Except where required by law, criminal background checks of University faculty, staff and students will be used only for purposes consistent with this Policy and will otherwise be kept confidential. The record of information returned as a result of the background check will be maintained separately from an individual’s personnel or student file.

Non-University organizations and entities that operate programs or activities on campus involving minors must conduct criminal background checks of their employees, volunteers, and representatives that meet UNC Asheville standards. If any background check conducted by a non-University program returns a conviction or other adverse information, the external program must inform their UNC Asheville contact person in writing.

The University may exclude any external program employee, volunteer, or representative who does not successfully pass a background check. Non-University organizations and entities must also submit a certification of compliance with the background check rules described herein, including that they have conducted background checks as set forth in this Policy and that they have disclosed all convictions revealed by background checks, prior to the start of any program or activity involving minors on campus. The University may request any additional information it deems necessary to meet the requirements of this policy.

Individuals required to have a background check under this Policy who are not University employees or students (whether involved in a University program or activity or one operated by a non-University entity) must complete an initial background check within sixty (60) days prior to the start of a program or activity involving minors and must renew the background check after one year.


1  For employees in regular and term staff and Administrative and Academic Professional positions who started work on or after June 1, of the current calendar year, and who, therefore, were required to have a background check completed as a condition of employment with UNC Asheville, the two (2) year period for purposes of this policy will be calculated from the date the background check was completed.

2  A break from employment for employees generally excludes approved leave of absences.


Appendix E: Quick References for Hosting Minors on Campus

Reporting Incidents Involving Minors on Campus (One-Day Programs)

Applies to Entire Campus Community:

Members of the University Community are required to report any suspicion of abuse or maltreatment of minors participating in campus programs and activities.

Report incidents immediately to University Police.

  • 6710 from an on-campus phone
  • 828.251.6710 from a cell phone
  • 911 from off campus
  • Walk up window in Weizenblatt
  • Emergency phones located throughout campus walkways and parking lots

Programs and Activities Involving Minors on Campus Policy online at administration.unca.edu/policies/5204.

All Programs and Activities involving Minors must ensure that volunteers and staff working with minors are trained on how to report any suspected incidents where minors are maltreated, abused or neglected.

UNC Asheville Program Leader Tips

  • Avoid 1-on-1 time with a minor
  • Maintain a student to chaperone ratio of 1:25 for day programs
  • Instruct volunteers and employees not to strike, hit, administer corporal punishment to, or touch a minor
  • Adult supervisors, volunteers or paid staff, should not pick up minors from or deliver minors to their homes
  • Discourage outside communication with minors and staff
  • Program Leaders should review the full policy and packet posted online and submit the certification page to the Office of Title IX
  • Questions or consult help? Contact the Title IX Office at 828.232.5658

Reporting Incidents Involving Minors on Campus (Ongoing Programs)

Applies to Entire Campus Community

Members of the University community are required to report any suspicion of abuse or maltreatment of minors participating in campus programs and activities

Report incidents immediately to University Police.

  • 6710 from an on-campus phone
  • 828.251.6710 from a cell phone
  • 911 from off campus
  • Walk up window in Weizenblatt
  • Emergency phones located throughout campus walkways and parking lots

Programs and Activities Involving Minors on Campus Policy online at administration.unca.edu/policies/5204

All Programs and Activities involving Minors must ensure that volunteers and staff working with minors are trained on how to report any suspected incidents where minors are maltreated, abused or neglected.

UNC Asheville Program Leader Tips

  • Avoid 1-on-1 time with a minor
  • Maintain a student to chaperone ratio of 1:25 for day programs
  • Instruct volunteers and employees not to strike, hit, administer corporal punishment to, or touch a minor
  • Adult supervisors, volunteers or paid staff, should not pick up minors from or deliver minors to their homes
  • Discourage outside communication with minors and staff
  • Program Leaders should review the full policy and packet posted online and submit the certification page to the Office of Title IX
  • Questions or consult help? Contact the Title IX Office at 828.232.5658

Recommendations for Non-Affiliated Overnight and Ongoing Programs on Campus

Minors in Residence Halls

Third Party Camp Operators in tandem with University Service Providers should:

1. Conduct a premises safety risk assessment--keeping in mind safety issues for the age group that will be staying in the residence hall--not a typical college cohort.

2. Review window openings, accessibility of locks on windows and doors, safety of room fixtures/furniture for minors, stairs and stairwells, automatic closing doors.

3. Consider limiting access in residence hall to specific wing and ground floor only.

4. Address the following in clear and explicit terms in communications with parents/guardians and in assumption of risk documents:

  • Unscheduled free time and who from the camp has the duty to supervise
  • Transportation risks
  • Internet access if it will be available and what level of protections if any exist
  • Safety issues: keep doors locked at night, etc.
  • Prohibited conduct, underage drinking, hazing, sexual misconduct, and blatant disregard for behavioral problems may result in immediate dismissal from the program and parents contacted to pick up minor for violation of safety rules.

Transportation of Minors

1. All drivers should be qualified with appropriate level of license pursuant to state law

2. Review state law for seat restraint and require drivers to enforce use of seat restraints/seatbelts with minors

3. Provide training for drivers to ensure knowledge of applicable laws and safety measures

4. Prohibit drivers from leaving children off at a location where there is not either a designated University official (if dropping off on campus) or identified parent/guardian (if transportation is provided home) to take custody of the child.

Consent for Medical Treatment

Where minors are participating in camps, field trips or transporting to an off-campus location, a valid consent for medical treatment/emergency care should be required. Essential elements include:

1. Child's full name, date of birth and address

2. Full names of parents/guardians

3. Contact information, including address and phone numbers, for parents/guardians and other emergency contact(s) if parents/guardians cannot be reached

4. Dates of event for which the medical release is granted

5. Details of medications the child is currently taking and, if applicable, procedures for administering

6. Permission to obtain professional emergency medical treatment for child

7. Health insurance information

8. Appropriate signatures

Reporting

Emergencies:

  • Campus Police - 911 (On campus)
  • Campus Police - 828.251.6710 (cell phone)
  • Asheville Police off campus - 911

Concerns:

  • Campus Police - 828.251.6710
  • Title IX Office - 828.232.5658

Other

For questions, more training options, or additional support regarding hosting minors on campus, please contact the Title IX Office at 828.232.5658.

Recommendations for Non-University Affiliated Programs for Sponsoring Departments

1. If camp operator is licensed to operate camps, obtain a copy of the license.

2. If the operate is not licensed, include contract clause that operator warrants it has experience, knowledge, expertise to operate a camp and that it provides adequate training in Protection of Minors to all staff who will have contact with participants.

3. References should be obtained and checked by the camp operator.

4. Recommendations for any contract with third party camp operator are bulleted below:

  • Camp operator complies with all applicable laws and regulations governing camps; state law; and University Policy.
  • Utilize the User Agreement Contract provided by the University with consult from General Counsel
  • Designate institutional office or individual to contact in event of injury, emergency.
  • Delegate responsibility for care and supervision of participants to the camp operator--include language that University has no operational control or responsibility for the camp.
  • Prohibit camp operator from advertising or representing that the camp is "co-sponsored" (or similar language) with the University, unless a specific agreement has been reached for this.
  • Include clear language on duties and responsibilities of each party.
  • Evaluate whether additional insurance should be required, policy limits and proof of insurance. Consult with General Counsel.
  • Require that UNC Asheville be added as "additionally insured" under the third party's insurance coverage.
  • Include right of University to terminate the camp if, in the University's discretion, the camp is being run in an unsafe manner and operator does not immediately conform to safe practices upon notification.
  • Camps for special needs children should ensure that the University facilities meet safety standards for the participants or that appropriate accommodations are made.
  • Include a contract clause that the third party has expertise in the needs and limitations of the minors served and assumes all responsibility for meeting those needs.
  • If special certification is required to work with the children involved or to safely teach/supervise the activities involved, obtain copies of certification for staff who will be involved with the participants (CPR WSI, or Lifeguard Certification, etc.)
  • Require the third party to immediately notify a specified individual or department if grounds/facility/equipment safety issues are discovered by operator or sponsor. Provide these contacts to the third party in writing.
  • Require third party to review the entire policy, complete the online training, meet with Campus Police for general safety plans, and submit the certification found in the policy stating that these requirements have been met, prior to the start of the event or program.
  • Require third parties to review signs of abuse and neglect provided in this policy with all staff and volunteers.
  • Encourage third parties to provide additional training for all staff and volunteers working with minors.

Appendix Fa: Policy Acknowledgement, Comprehension, and Compliance Certification

For Program Leaders (University affiliated and Non-university affiliated):

I hereby certify that I have read and understand the foregoing Programs and Activities Involving Minors on Campus Policy. I have had an opportunity to raise any questions I have about this information and have done so if necessary.  _______(initial)

I agree to take any necessary further steps required to comply with the policy. I understand that this means I may need to complete the Online Training course for this policy, as well as train any volunteers, staff, faculty, and students working with minors under the program for which I am the lead coordinator on behalf of the University. _______(initial)

I understand that others working with me on university-affiliated programs involving minors on campus may also have to complete this certification and I will work to ensure that those identified as such will do so pursuant to this policy. _______(initial)

I understand and agree to comply with the requirements of this policy to all non-affiliated university programs I may be working with as the sponsoring University agent to host these activities on campus. _______(initial)

I understand that I can consult with the Office of Title IX to determine whether I may be a mandated reporter of known or suspected mental or physical abuse or neglect of a child known to me. If I am a mandated reporter, I will complete required training and comply with all reporting and other obligations for mandated reporters under North Carolina law. __________(initial)

I understand that the Office of Title IX will provide ongoing consultation and advisement on any issues related to the policy in tandem with General Counsel, Campus Safety, Housing, and/or Health and Counseling as required by the nature and scope of the activity I am responsible for involving minors on campus. _______(initial)

Signature ________________________________________  Date________________

Printed Name ____________________________________ Dept./Program ______________

Activity/Event/Camp/Program Involving Minors: ____________________________________

Date of activity/event/camp/program:      _____________________

FOR THE TITLE IX OFFICE ONLY:

Date received: _______________________ Received by (print): ________________________

Title IX Administrator Approval: ___________________________________________________

Date of Approval: _______________________________________________________________

Appendix Fb: Policy Acknowledgement, Comprehension, and Compliance Certification

For all staff and volunteers of the program:

I hereby certify that I have read and understand the foregoing Programs and Activities Involving Minors on Campus Policy. I have had an opportunity to raise any questions I have about this information and have done so if necessary.  _______(initial)

I agree to take any necessary further steps required to comply with the policy. I understand that this means I may need to complete the Online Training course for this policy, as well as train any volunteers, staff, faculty, and students working with minors under the program for which I am the lead coordinator on behalf of the University. _______(initial)

Signature ________________________________________  Date________________

Printed Name ____________________________________ Dept./Program ______________

Activity/Event/Camp/Program Involving Minors: ____________________________________

Date of activity/event/camp/program:      _____________________

FOR THE TITLE IX OFFICE ONLY:

Date received: _______________________ Received by (print): ________________________

Title IX Administrator Approval: ___________________________________________________

Date of Approval: _______________________________________________________________