Protection of Minors and Reporting Abuse

I. Scope

Application

This policy applies to William & Mary, including the Virginia Institute of Marine Science (the university).  It applies to all employees of the university with respect to mandatory reporting of suspected abuse or neglect of a minor.   It applies to Youth Programs in which minors (as defined below) are participants, when the program:

1. is sponsored by the university, such as programs that receive direct university funding or are conducted or organized by the university, or
2. occurs in whole or in part on campus or in University Facilities.

Exceptions to this Policy

1. Pre-enrollment visits by prospective students, including prospective athletes, high school students hosted by university-enrolled student(s), programs run through the undergraduate admission office, and programs for the selection of scholarship recipients.;
2. Minors as guests of an enrolled student; 
3. University performances or events open to the general public for which minors attend at the sole discretion of their parent or guardian (e.g. homecoming parade, intercollegiate sporting events, Muscarelle Museum exhibits, lectures, concerts);
4. Other activities or programs, including programs conducted by a Recognized Student Organization, in which the minor is participating under the supervision of their parent, guardian, or a third-party chaperone(s) (e.g. school field trip, Scout activity);
5. Activities or programs that are two (2) hours or less in duration where the Minor Participant’s parent or legal guardian is required to remain on site, and the activity or program is in a public location where individuals who are not participating in the activity or program may be present.

II. Purpose & Policy Statement

The purpose of this policy is to bring awareness to the presence of minors participating in university-related programs and activities on university property and in University Facilities.  To provide for the well-being of these individuals and comply with applicable laws, this policy prescribes minimum requirements for screening and supervision of individuals working with minors. 

This policy also requires all university employees to report any instances of known or suspected abuse or neglect of minors as mandated by Virginia law.   

The responsibility for ensuring that Youth Programs comply fully with this policy rests with the Program Supervisor and appropriate Approver.

 III. Definitions

University Entity means any school, department, Center, administrative unit or employee of the university that is sponsoring or hosting a Youth Program directly or in conjunction with an Affiliated Entity or a Non-Affiliated Entity. 

Affiliated Entity means any Recognized Student Organization, as defined below, or any entity created by or composed of employees or alumni of the university, including individuals who are sponsoring or hosting the Youth Program as a separate LLC or business entity separate from their employment with William & Mary.  University employees participating in Affiliated Entities must have approval to engage in external employment.

Approver means the head of the University Entity sponsoring a Youth Program or the office of Conference & Event Services for an Affiliated Entity or a Non-Affiliated Entity hosting a Youth Program in University Facilities.

Authorized Adult means an individual, 18 years of age or older, paid or unpaid by a Youth Program, who supervises, chaperones, or directs  minors in program activities, such as a counselor, coach, instructor, or program director.  This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants.  To be an Authorized Adult, the individual must (1) be cleared through a criminal background check and National Sex Offender Registry screening, and (2) be documented on the Youth Program’s directory of program staff (Appendix C).

Minor Participant means a person under the age of eighteen (18) who has not matriculated as an enrolled student at the university.  High school students who are concurrently enrolled in courses at the university are not considered to be “Minor Participants” when participating in the enrolled course(s). 

Non-Affiliated Entity means an organization, business entity, or individual that is not affiliated with the university, but who contracts with Conference Services for use of University Facilities in which to sponsor a Youth Program.

Program Supervisor means the individual with primary responsibility for the Youth Program.   While programs may have various individuals who serve in a supervisory capacity, this individual has the authority to make the ultimate decisions concerning the program, including placement and removal of program staff.

Recognized Student Organizations means student groups officially recognized by the university through the Office of Student Leadership Development.

Review Team means the team composed of a representative from the University Human Resources, the Office of Compliance & Equity, and the WMPD to assess complaints of violations of this policy or discrimination or harassment, including sexual harassment, as defined in university policy, filed against an Authorized Adult during their participation in a Youth Program.

University Facilities means property (including motor vehicles and watercraft), buildings, or other facilities owned, leased, or controlled by the university.

Volunteer means any individual 18 years of age or older who , of their own free will, provides goods or services, without the promise or expectation of financial gain, to a Youth Program, as defined in this policy.

Youth Program means a program that includes participation by Minor Participants wherein parents or guardians are not expected to be responsible for the care, custody and control of the minors participating in the program.  Youth Programs include those programs offered by a University Entity and an Affiliated Entity and programs sponsored by a Non-Affiliated Entity with authorization to use University Facilities.

IV. Policy

A. Youth Program Requirements for University, Affiliated & Non-Affiliated Entities

1.  Registration.

The Program Supervisor for a University Entity or Affiliated Entity shall submit a registration form to the Office of Compliance & Equity at least 30 days prior to the first date of the program. (Appendix A).

The Office of Conference & Event Services shall submit a registration form on behalf of the Program Supervisor of a Non-Affiliated Entity to the Office of Compliance & Equity at least 30 days prior to the first date of the program.

2.  Compliance with Policy & Insurance Coverage. 

Contractual agreements for use of University Facilities related to Youth Programs must include compliance with this policy as a term of the contract. Such contracts shall also include requirements for sufficient insurance coverage for the acts or omissions of other program participants or employees or agents of the Youth Program.  The coverage requirements applicable to Affiliated Entities and Non-Affiliated Entities are outlined in Appendix D.

The Approver must confirm with the Office of Risk Management that the Youth Program’s proffered insurance coverage satisfies the applicable requirements. 

B. Additional Youth Program Requirements for University Entities and Affiliated Entities

 

1. Certification and Approval

The Program Supervisor and the Approver are responsible for certifying the required actions in Sections IV. and V. are completed and compliant with this policy.  Appendix B contains a checklist for certification.  Appendix C contains template forms for compliance with the required actions, such as a Program Staff Tracker for background checks and Youth Program enrollment form. 
Appendices B and C must be submitted for review and approval to the Office of Compliance & Equity five (5) business days prior to the first date of the program.  Failure to submit the checklist and supporting documentation or to otherwise comply with the requirements of this policy may result in immediate cancellation of the Youth Program.

2.  Contact Information and Emergency Protocols. 

Program Supervisor shall:

• Establish and maintain a list of all program participants (minors and non-minors). This list shall include participant's name, local room assignment (if applicable), gender, age, address, phone number(s) of parent or legal guardian, and emergency contact information.
• Compile a directory of all program staff that includes: Name, employment position in the Youth Program, contact information, background completion date for each Authorized Adult and confirmation of a clear criminal background.
• Notify parent/legal guardians how to contact the Program Supervisor and/or their child during the program in case of emergency
• Establish a procedure for the notification of Minor Participants’ parent/legal guardian including in case of emergency. This procedure must contain a reunification plan.
• Establish a procedure for release of Minor Participant to a parent/legal guardian daily for day camps and at the conclusion of a residential camp.

3. Supervision of Minor Participants.  

All Youth Programs shall provide two (2) or more Authorized Adults who are responsible for supervising, chaperoning and/or directing Minor Participants at all times.

In addition to at least (2) Authorized Adults, the university requires the following counselor-to-camper ratio, as established by the American Camp Association, for Youth Programs.

 

Resident Programs (such as over-night camps):

Day Programs (such as day sports camps):

• University Smoking Policy
• Weapons on Campus Policy
• Hazing Policies
• Policy Prohibiting Title IX Sexual Harassment and Gender-Based Harassment
• Policy Prohibiting Discrimination, Discriminatory Harassment, Retaliation and Sexual Misconduct

Program rules shall prohibit the operation of a motor vehicle by minors while attending or participating in the Youth Program and unauthorized departure from university property.

 

Residential programs – programs that include spending the night in university housing or under the supervision of Authorized Adults – must also adopt and enforce the following programs rules and communicate these rules clearly to program participants: 

• Written permission signed by the parent/guardian for the minor to reside in university housing. This permission may be part of the application for the program.
• An age-appropriate curfew.
• No in-room visitation is permitted by another participant of the Youth Program or by a guest of a participant.
• Participants in the same hosted program are permitted to gather with other participants in a floor lounge of the residence hall in which they are assigned

C. Background Checks

 

1. Multistate Criminal Background Check & National Sex Offender Registry Screening. 

All Authorized Adults employed by or volunteering with a Youth Program are required to submit to (a) a multistate criminal background check and (b) a National Sex Offender Registry (NSOR) screening prior to engaging in activities where they are responsible for supervising, chaperoning, or directing minors in program activities. 

The multistate criminal background check and NSOR screening (collectively referred to as “Background Check”) shall be retained on record with the Program Supervisor for a minimum period of two (2) years from the date of the results.  The Program Supervisor shall make individual records available for inspection by the Office of Compliance & Equity upon request. 

2. Evaluation of Criminal Convictions for Affiliated Entity.

Criminal convictions, whether identified through the background check process or through the Authorized Adult’s self-disclosure may not be an automatic bar from employment in the Youth Program. Convictions will be reviewed with respect to the nature and gravity of the offense(s); time since conviction; completion of sentence or any other remediation; relevance to the position for which the candidate is being considered/employee is performing; and discrepancies between the background check and what the employee/candidate self-reported. Providing inaccurate, incomplete, or falsified information in response to the requirements of this policy may result in the candidate being ineligible for hire or in the employee being terminated. 

The Program Supervisor must disclose any criminal convictions of employees or candidates to the Approver.  The Approver shall consult with University Human Resources designee to determine the Authorized Adult’s ability to be employed by the Affiliated Entity for a Youth Program in University Facilities.

3. Cost of Background Check.  

The cost for a background check is the responsibility of the Youth Program or the sponsoring entity.

4. Frequency of Background Check. 

Authorized Adults, including university employees or volunteers, must complete the background check within one (1) year of the first date of working with the Youth Program and every two (2) years thereafter.

5. Disclosure of Criminal Convictions. 

Authorized Adults are required to disclose to the Program Supervisor or Approver any arrest or criminal conviction that occurs after the date of the background check.  Program Supervisors are responsible for notifying the Approver and University Human Resources within 24 hours of being notified of such a disclosure by an Authorized Adult.

D. Requirements for Authorized Adults

 

Authorized Adults must follow and enforce university regulations and policies. 

Authorized Adults shall be removed from the Youth Program and may be terminated for non-compliance with behavioral expectations below.   

1. Behavioral Expectations

Authorized Adults participating in covered programs shall not:

• Engage in any sexual activity, make sexual or sexually suggestive comments, tell sexual jokes or share or view sexually explicit material in any form with or within the vicinity of a Minor Participant.
• Have one-on-one, private contact with a Minor Participant (e.g. behind closed door, not in public view).
• Meet with Minor Participant outside of established times for program activities. Any exceptions require written parental authorization and must include more than one adult from the Covered Program.
• Communicate through their personal instant message accounts, social networking websites, internet chat rooms with Minor Participants, or engage in any other form of direct electronic contact (email, text message, Facetime, WhatsApp) with Minor Participants without another Authorized Adult or a parent or guardian of the Minor Participant being included in the communication.
• Insist that any communication with a Minor Participant is “just between the two of us” or use similar language that encourages a Minor Participant to keep secrets from their parents/guardians.
• Enter a Minor Participant’s room, bathroom facility, or similar area without another Authorized Adult in attendance, consistent with the policy of not having one-on-one contact with minors.
• Sleep in the same private room as any Minor Participant, except for an Authorized Adult who is the parent or guardian of the Minor Participant.  
• Engage in abusive conduct or physical violence of any kind, including corporeal punishment, to Minor Participants.
• Touch a Minor Participant in a manner that a reasonable person could interpret as inappropriate. Touching should generally only be in the open and in response to the minor's needs, for a purpose that is consistent with the Covered Program's mission and culture, and/or for a clear educational, developmental, or health related (i.e., treatment of an injury) purpose. Any resistance from the Minor Participant should be respected.
• Pick up or drop off Minor Participant to or from their home, other than an Authorized Adult who is the parent or guardian of the Minor Participant, except as specifically authorized in writing by the minor’s parent or legal guardian. Other travel with minors must comply with the prohibition on one-on-one contact. 
• Use, possess or be under the influence of alcohol or illegal drugs while on duty or when responsible for a Minor Participant's welfare.
• Provide alcohol or illegal drugs to any Minor Participant. Authorized Adults shall not provide prescription drugs or any medication to any Minor Participant unless specifically authorized in writing by the parent/legal guardian as being required for the Minor Participant’s care or emergency treatment.

2. Complaints or Allegations Against Authorized Adults

If an allegation is made that an Authorized Adult has violated the standards set forth in this policy or otherwise engaged in misconduct, then the Program Supervisor shall immediately suspend the Authorized Adult from all participation in programs and activities associated with the Youth Program and the Authorized Adult shall not be permitted to have contact with the Minor Participants until the allegations have been resolved.  Resolution of the allegation shall include the following steps:

• Accused individuals will be provided notice of the complaint and an opportunity to respond to allegations within 24 hours of receipt of a complaint.
• The Review Team may engage in inquiry to confirm details of the allegation or rebuttal to the allegation. Assessment of the complaint and the response, as well as any information obtained through the inquiry, shall be conducted by the Review Team. 
• The Review Team shall determine if further participation by the Authorized Adult is fully permissible, permissible in a modified form, or not permissible at all based on the nature of the allegations, the status of the complainant, the status of the Authorized Adult and any aggravating or mitigating factors (e.g. previous misconduct of the same or different nature)
• Alleged criminal conduct shall be reported to the William & Mary Police Department or the police in the jurisdiction where the alleged conduct occurred.
  See Section V for reporting information.

3. Affirmative Obligation to Disclose Violations of Policy or Arrests 

From the first date of the Youth Program through the last date of the program, Authorized Adults are required to self-report an arrest for any crime and to immediately report to the Program Supervisor any violation of behavior expectations (as set forth in Section IV.C.1 in this policy) committed by themselves or other Authorized Adults.

 V. Mandatory Reporting of Suspected Abuse or Neglect of a Minor

 

Under Virginia law, all university employees and all Authorized Adults of a Youth Program are required to report suspected abuse or neglect of a minor.  The reporting requirement arises when the employee or Authorized Adult, in their professional or official capacity with the university or the Youth Program, has reason to suspect abuse or neglect.  This requirement does not apply to licensed psychologists in the course of providing psychological and counseling services to minors.

The law requires reports to be made as soon as possible, but no longer than 24 hours after having reason to suspect the abuse.

Reports must be made to the Department of Social Services toll-free child abuse and neglect hotline (in Virginia: 800-552-7096) or to the local department of social services.  The abuse or neglect can be reported to the department of the county or city where the minor resides or where the abuse or neglect is believed to have occurred. 

If the individual suspecting the abuse or neglect has actual knowledge that the same matter has already been reported, they do not need to report.

The person reporting must disclose all information that is the basis for the suspicion of abuse or neglect; if requested, the person reporting must make available any information, records, or reports that document the basis of the report, unless disclosure violates FERPA, a federal law that protects student records.  (Information about FERPA is available in the university’s Student Records Privacy Policy)

Under Virginia law, good-faith reporters are immune from any civil or criminal liability resulting from reports of abuse or neglect of minors, unless such reports are made in bad faith or with malicious intent.

More information, including guidance on what constitutes and how to identify child abuse, is available in the “Guide for Mandated Reporters in Recognizing and Reporting Child Abuse and Neglect” [pdf] published by the Commonwealth of Virginia’s Department of Social Services.  

 VI. Enforcement

A. Failure to Comply

Violations of this policy should be reported to the Approver and the Office of Compliance & Equity.  Failure to comply with the requirements set forth in this policy may lead to disciplinary action, including termination, and/or revocation of the opportunity to use University Facilities and land.  William & Mary supports an environment free from retaliation. 

B. Retaliation

Retaliation against any employee who brings forth a good faith concern, asks a clarifying question or participates in an investigation is prohibited. 

C. Failure to Report Suspected Abuse or Neglect.

Violations involving actual or suspected abuse or neglect of a minor must be reported as described in Section V of this Policy. Failure to make a mandatory report may result in disciplinary action, including termination, and/or revocation of the opportunity to use University Facilities. 

The Office of Compliance & Equity is responsible for interpretations and enforcement of this Policy.

VII. Approval & Amendment

This Policy was approved by the Provost on November 20, 2019.

This policy was amended and approved by the President effective February 19, 2024.  Policy definitions and requirements for university entities, affiliated entities and non-affiliated entities were differentiated and updated.

VIII.  Appendices

A. Youth Program Registration Form

 

B. Certification Checklist

 

Policy on Protection of Minors & Reporting Abuse Checklist

Thank you for taking the first step towards compliance with the Policy on Protection of Minors and Reporting Abuse (Policy). The checklist below is a guide on how to fulfill the minimum policy requirements. These requirements should be completed, certified by the Program Supervisor and submitted to the Office of Compliance & Equity at compequity@wm.edu at least five business days prior to the first date of the program.  Failure to submit this checklist or to fully comply with the requirements of the Policy may result in cancellation of the program.

Program Requirements

• Online Program Registration Date:___________________________

Register the program annually online at https://forms.office.com/r/Jpj08HnJC3. This is the responsibility of the either the program supervisor for university entities or affiliated entities or Conference Services if a non-affiliated entity.

• Insurance Coverage

Date Program Supervisor received confirmation from Office of Risk Management that the Youth Program’s insurance meets the coverage level required: _____________________________________

• Create a Contact Information Roster and Emergency Protocols
• List of ALL program participants that includes: Name, Age, Room Assignment (if residential), Gender, Telephone numbers of parent/legal guardian, Telephone number of Emergency Contact (Attached)
• Directory of All Program Staff/Employees that includes: Name, Position in Youth Program, Cell Phone number, background check completion date, confirmation of clear criminal background check for authorized adults. (Attached)
• Communication sent to parents/legal guardian regarding who to contact and how to contact program supervisor and/or their child in case of emergency. Attach copy of communication and Date sent:                  
• Procedure for notification of minor participants’ parent or legal guardian in case of emergency, including reunification plan. (Attach copy)
• Procedure for release of minor participant to a parent/legal guardian for day camp or at conclusion of residential camp. (Attach copy)
• Create a safety and security procedure (Attach copy)
• Date participants and parents were informed about safety and security procedures and applicable university policies (or date planned for in person review):                    
• Create program rules and behavior expectations for participants, including how and to whom relevant complaints may be made (Attach copy)
• Date participants and parents were provided program rules and behavior expectations (or date planned for in person review):                    

C. Directory of Program Staff Sample Form [pdf]

D. Insurance Requirements

(see TULIP or Sports Camps Insurance Program)

IX. Related Policies & Procedures

• Employee Background Checks Policy and Procedure
• University Smoking Policy
• Weapons on Campus Policy
• Hazing Policies
• Policy Prohibiting Title IX Sexual Harassment and Gender-Based Harassment
• Policy Prohibiting Discrimination, Harassment, Retaliation, and Sexual Misconduct

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