• Seton Hall University
• Policies and Procedures

Purpose

The purpose of this policy is to provide for appropriate supervision of Minors participating in Programs held at the University or sponsored by the University. The policy further sets forth the responsibility of all individuals to report suspected child abuse.

Scope

This is a University-wide policy and applies to all faculty, priests, administrators, staff, employees, occupants of University housing or space, students and volunteers. This policy sets forth the requirements for any University-sponsored Program, whether conducted on or off campus, and any Program held at a University Facility where Authorized Adults have Custodial Responsibility for the participating Minors. This policy does not apply to general public events where parents/guardians are expected to provide supervision of Minors. Nor does it apply to daytime trips to the University that are sponsored and supervised by schools or other organizations which have provided documented parental approval of the trip to the University. Additionally, this policy does not apply to Minors enrolled, or accepted for enrollment, in credit-bearing courses. Finally, this policy does not apply to prospective students staying with University students, guests of a University students or to high school students who are prospective students and are attending a Seton Hall University sponsored program.

Definitions

1. Authorized Adult – An individual, age 18 or older, paid or unpaid, who interacts with, supervises, chaperones or otherwise has Custodial Responsibility for Minors in a Program.  An Authorized Adult may be a Seton Hall University employee, student, intern or University volunteer.  An Authorized Adult may also be an individual from a non-University organization, including but not limited to, an employee of a temporary employment agency, independent contractor, consultant, school teacher, school employee or non- University volunteer.
2. Custodial Responsibility – The accountability for the well-being and safety of a Minor.
3. Division Vice President – The Vice President responsible for oversight of the Sponsoring Unit.
4. Mandated Reporter – Any person who has reasonable cause to believe that a Minor has been subjected to child abuse or acts of child abuse.  A Mandated Reporter shall immediately report the information to the Department of Children and Families State Central Registry by telephone at 1-877 NJ ABUSE (1-877-652-2873).  
5. Minor – A person under the age of 18.  
6. One-On-One Contact – The personal, unsupervised interaction between an Authorized Adult and a Minor without at least one (1) other Authorized Adult or parent/legal guardian present.
7. Program – An activity or camp sponsored by an academic or administrative unit of the University, whether conducted on or off campus, or by non-University entities using University Facilities, which involves Minors or provides housing to Minors.  
8. Program Director – The University or non-University employee responsible for organizing the Program and overseeing its administration, including compliance with this policy and management of Authorized Adults, as well as supervision of Minors.  All Program Directors are Authorized Adults.     
9. Sponsoring Unit – The academic or administrative unit of the University which offers a Program or the University unit that grants approval for the use of University Facilities by non-University entities.  
10. University Facility – Any building or property owned by, or under the control of, the University.
11.University Representative – The University employee designated by the Sponsoring Unit to represent the University in the overall administration of a University Program.  For University Programs, the University Representative may also serve as the Program Director, in the discretion of the Sponsoring Unit.  For non-University Programs, the University Representative shall serve as a liaison between the Sponsoring Unit and the non-University Program Director.  
12.  University Volunteer - An individual providing, without compensation or the expectation of compensation, any service on behalf of the University, whether on- campus or off-campus, and as further defined and governed by the Volunteer Policy, https://www.shu.edu/policies/volunteer-policy.html.  

Policy

I.  Duty to Report

a.  Any person, including any volunteer, having reasonable cause to believe that a child has been subjected to abuse or acts of abuse, including a disclosure by a Minor of any type of assault or abuse, whether it happened previously or during a Program, is a Mandated Reporter and shall immediately report this information to the Department of Children and Families State Central Registry at 1-877 NJ ABUSE (1-877-652-2873).  If the child is in immediate danger, call 911 as well.  A concerned caller does not need proof to report an allegation of child abuse and can make the report anonymously.  

b.  In addition to reporting as set forth above, Authorized Adults are also required to report the matter to their Program Director and to the Department of Public Safety and Security.  University Program Directors are required to report the matter to their University Representative.  All these persons shall immediately report the matter to their Division Vice-President and the General Counsel or his/her designee.  If the Authorized Adult believes that the University Representative and/or Program Director may be involved in the alleged abuse, the Authorized Adult must go directly to the Division Vice-President, in addition to the Department of Public Safety and Security.  

II. Registration

a.  All Programs are required to have a Sponsoring Unit.  

b.  The University Representative is responsible for registering the Program with the Manager, Training and Organizational Development in the Department of Human Resources by submitting the Registration Form at least thirty (30) days prior to the start of the Program. 

III. Background Checks

All Program Directors and Authorized Adults are required to undergo a criminal background check at least thirty (30) days prior to their participation in any Program in accordance with the requirements of the University’s Criminal Background Checks for Authorized Adults Supervising Minors.  All non-University Program Directors are required to submit a certification to the University Representative that they and all non-University Authorized Adults have undergone background checks that satisfy the requirements of the University’s Background Check Policy, https://www.shu.edu/policies/background-check.cfm, and as required herein and that any convictions or other adverse findings have been disclosed. 

IV. Training / Compliance with University Policies

a.  All University Representatives, Program Directors and Authorized Adults are required to comply with all applicable University policies and procedures, https://www.shu.edu/policies, including but not limited to policies related to Title IX, sexual misconduct, sexual harassment, discrimination, retaliation and the duty to report suspected child abuse, https://www.shu.edu/policies/policy-against-     sexual-misconduct-sexual-harassment-and-retaliation.cfm, https://www.shu.edu/policies/discrimination-harassment-retaliation.cfm and  https://www.shu.edu/compliance/dyfs-letter.cfm.

b.  All University Representatives, Program Directors and Authorized Adults must complete training on the practices and conduct requirements of this Policy and the required reporting of incidents of improper conduct involving a Minor.  It is the responsibility of the University Representative to facilitate such training.

c.  University Representatives must complete the following training:

• Virtus “Protecting God’s Children”
• United Educators “Protecting Children: Identifying and Reporting Sexual Misconduct”
• University Representative training conducted by Human Resources, including reporting of suspected child abuse

d.  Program Directors and Authorized Adults must complete the following training: 

• Virtus “Protecting God’s Children”
• United Educators “Protecting Children: Identifying and Reporting Sexual Misconduct”
• Reporting of suspected child abuse
• Maintaining confidentiality of medical records

e.  It is the responsibility of the University Representative to obtain all training materials from the Manager of Training and Organizational Development, Department of Human Resources, and provide them to the Program Director.  All training materials will be delivered and completed electronically.

f.  The Program Director is responsible for providing all training materials to all Authorized Adults. 

g.  If a non-University Program Director or Authorized Adult has completed the same or similar training, written confirmation from the non-University individual may be submitted to the Manager of Training and Organizational Development, Department of Human Resources, for evaluation and a determination, in the University’s sole discretion, whether the University’s training requirements have been satisfied.  The document submitted as confirmation of training must contain the name of the training, by whom it was offered, the scope of the training, the date the training was completed, an affirmation that the individual satisfactorily completed the training and be written on the non-University entity’s letterhead and signed by a person of authority from the entity.  The University may seek additional information as part of its evaluation.      

V. Evidence of Compliance

a.  It is the responsibility of the Program Director to provide the University Representative with satisfactory evidence of compliance with all requirements of this policy prior to the scheduled start of each Program.  The evidence listed below shall be submitted by the University Representative to the Manager of Training and Organizational Development, Department of Human Resources: 

• Registration Form
• Code of Conduct Form – signed by each Authorized Adult participating in the Program.
• Certificate of Completion of United Educator’s training - signed and dated by each Authorized Adult participating in the Program.
• Certificate of Completion of Virtus training -  signed and dated by each Authorized Adult participating in the Program.
• Certificate of Completion of University Representative Training - signed and dated by the Program’s University Representative.
• Consent for background check – verified by Manager of Training and Organizational Development.
• Liability Release Form -  signed on behalf of each Minor.
• Media Release Form – signed on behalf of each Minor if photos, videos or quotes will be captured during the Program.  

Completed Medical Treatment Authorization Form – verified and maintained confidentially by each Program Director. 

b.  It is the responsibility of the University Representative to submit evidence of compliance to the Manager of Training and Organizational Development, Department of Human Resources, no later than thirty (30) days in advance of the scheduled start of the Program, except that completed Medical Treatment Authorization Forms may be submitted no later than three (3) days in advance of the start of the Program.

c.  It is the responsibility of the Program Director to submit the University’s Facilities Use Agreement to the Division of Student Services in accordance with the timeframe set forth in that Agreement. 

VI. Appropriate Supervision

a.  The Program Director is required to be present at all times while the Program is being conducted and is responsible for the supervision of the Program, Authorized Adults and Minors participating in the Program.  

b.  Prior to the start of the Program, it is the responsibility of the Program Director to provide information to each parent/legal guardian, in writing, regarding how a Minor may be contacted during the Program, including during an emergency.

c.  All Programs must provide appropriate supervision of Minors.  Factors to consider in determining appropriate supervision are the number and age of the Minors, the activities involved in the Program, the type of housing (if applicable) and the age and experience of the Authorized Adults.  The ratio of Authorized Adults to Minors must reflect the gender distribution of the Minors and should meet the following standards.

d. Non-residential Programs

Age of Minors	Ratio of Authorized Adults to Minors
4 - 5	1:4
6 – 14	1:7
15 – 17	1:10

e. Residential Programs

Age of Minors	Ratio of Authorized Adults to Minors
4 - 5	1:5
6 – 8	1:6
9 – 14	1:10
15 – 17	1:25

f.  For all residential Programs, Authorized Adults who are at least 21 years of age must reside in the residence hall where the Minors are housed, and be present when Minors are permitted in the residence halls, consistent with the above ratios.  The Program Director shall be accessible at all times.  Additional Authorized Adults must also be assigned to prevent One-On-One contact with Minors.  

g.  The University Representative is responsible for ensuring that all Minors are provided with information as to how to contact an Authorized Adult and/or the Program Director at all times, including while in the residence halls.

h.  There shall be no overnight Programs sponsored by students.

VII.  Medical and Emergency Situations

a.  It is the responsibility of the Program Director to establish security and emergency measures to protect the safety of participating Minors.  Such measures shall include, but are not limited to:

i.  Collection of emergency contact information for a parent/legal guardian of each Minor;

ii.  Drop-off and pick-up procedures including, at a minimum, the requirement that every Minor be checked-in and checked-out; 

iii. Containment of Minors in specified areas during free time, mealtimes, before the Program begins and after the Program ends; and

iv.  Directions on where to go and whom to call if lost and procedures to follow in the event of an emergency (including medical or behavioral problems, natural disasters, or other significant Program disruptions).

b.  All Authorized Adults and Minors, as well as parents/legal guardians of Minors, must be advised of these measures, in writing, by the Program Director, prior to the participation of the Minors in a Program.  

c.  For residential Programs in University Facilities, the Program Director shall provide Housing and Residence Life with the following information at least (60) days prior to the first date of participation by Minors:

i.   Name and emergency contact information for all Minors;

ii.  Name and emergency contact information for the Program Director, University Representative and all Authorized Adults who will be staying in the residence hall with the Minors;

iii.  Dates of the Program and locations where Minors will be participating and residing; 

iv.  General nature of the activities to be undertaken or offered in the Program; 

v.  Number of anticipated Minors participating in the Program; and

vi.  Daily schedule for the Minors, including times when Minors are permitted in the residence hall. 

d.  It is the responsibility of the Program Director to arrange access to emergency medical services for his/her Program, whether on campus or off campus, in advance of the start of the Program, taking into account the nature and activities of the Program and expected attendance.  

e.  It is the responsibility of the Program Director to ensure that all Youth Program Medical Treatment Authorization Forms are submitted in advance of the start of the Program to the Program Director.  The Program Director shall not share such forms and is required to maintain them confidentially, except that at the conclusion of the Program, the Program Director shall immediately deliver all Youth Program Medical Treatment Authorization Forms to the Manager of Training and Organizational Development, Department of Human Resources, for transmission to University Health Services for record retention purposes.  Personal health information is confidential and cannot be disclosed, except as provided by law.

VIII.  Authorization to sponsor a Program resides solely with the University.

IX. No University employees, students or other persons shall engage in activities that could reasonably be interpreted as constituting a University sponsored Program without complying with this and all other applicable University policies.

X.  Only student organizations formally recognized in accordance with University policies, https://www.shu.edu/student-organizations/starting-a-new-organization.cfm, may apply for approval to sponsor a Program.

XI.  Responsive Action.

Violations of this policy will be addressed appropriately.  Responsive action may include revocation of the privilege to conduct the Program and/or discipline, up to and including separation from the University.

Related Policies

Background Check Policy
Policy Against Sexual Misconduct, Sexual Harassment and Retaliation
Policy Against Discrimination, Harassment and Retaliation
Duty to Report Suspected Child Abuse
Sports Camp Policy
Volunteer Policy

Responsible Offices

• Department of Human Resources
• Division of Student Services

Approval

Approved

Initially adopted and approved on September 4, 2014 and amended by Mary J. Meehan, Ph.D., Interim President, on the recommendation of the Executive Cabinet on January 10, 2019.

Next amended by Dr. Joseph E. Nyre, President, on the recommendation of the Executive Cabinet, on April 20, 2020.

Effective Date

September 4th, 2014

First amended: January 10, 2019

Next amended: April 20, 2020