Whitworth University Policy Regarding Minors

I. Policy Statement

Whitworth University ("university") is committed to providing a safe and healthy environment for all who participate in Whitworth programs and activities. This policy provides the minimum standard for appropriate supervision of individuals under the age of 18 ("Minors") who are involved in Whitworth University-sponsored programs, programs held on the Whitworth University campus and/or programs housed in university facilities at all geographic locations. In order to promote the safety and general welfare of all Minors participating in programs at Whitworth University, it is the policy of the university that:

All Minors participating in programs must be reasonably and appropriately supervised by an Authorized Adult who complies with the standards of conduct provided in this policy.
All university employees (permanent and temporary) and volunteers have a duty to report suspected neglect or abuse of a child.
Staff and volunteers working with Minors are trained and successfully pass a background check.
Units sponsoring programs with Minor participants fulfill the duties outlined in this policy.

A. Purpose

Whitworth University is committed to fostering an environment in which all staff, students and visitors to the campus are safe and secure. Activities integral to our mission of honoring God, following Christ and serving humanity may, at times, involve Minors.

B. Scope of Policy

This policy applies to all Whitworth University faculty, staff, volunteers, students and Third Parties who interact with Minors on campus.

II. Definitions

Authorized Adult: Individuals, whether paid, volunteer or for academic credit, who have care, custody, control, and/or direct contact or interaction with Minors involved in university-sponsored programs or activities. This includes, but is not limited to, Whitworth administrators, faculty, staff, students, volunteers and Third Parties operating a Program or Activity.

Mandatory Reporter: Those with authority to address and remedy sex and gender-based discrimination and harassment; and/or those with responsibility to report sexual misconduct to a supervisor; and/or those who a student would reasonably believe have such authority or obligation; and any person required by Washington law (O.C.G.A. § 19-7-5 Washington State Mandated Reporter Law) to report suspected child abuse to the appropriate authorities. Mandatory Reporters include, but are not limited to, faculty or teachers, administrators, counselors, social workers, psychologists, law enforcement personnel, and other persons who participate in providing care, treatment, education, training, supervision, coaching, counseling, recreational programs or shelter to Minors.

Minor: Any person under 18 years of age.

Program or Activity: Any academic, educational, service, leadership or recreational program serving one or more Minors including, but not limited to, camps, clinics, conferences, workshops, tutoring, mentoring, group lessons, seminars, competitions, internships or experiential learning, conducting or viewing research, pre-enrollment visits, after-school programs, or other enrichment opportunities.

Program Director: Any individual who has primary and direct operational responsibility for the content and implementation of a Program or Activity and who serves as the primary point of contact.

Program Staff: See Authorized Adult.

Sponsoring Unit: Any department or unit of the university that offers a Program or Activity.

Third Party: An individual, organization or entity not affiliated with the university to which the university permits the use of its facilities to operate a Program or Activity.

III. Applicability

This policy applies broadly to any academic, admissions, athletic, educational, service, leadership or recreational program serving one or more Minors, including, but not limited to, camps, clinics, conferences, workshops, tutoring, mentoring, group lessons, seminars, competitions, internships or experiential learning, conducting or viewing research, after-school programs, or other enrichment opportunities.

This policy does not apply to:

Minor family members of employees and students who are on campus as guests of that individual
Programs or Activities for Minors enrolled in undergraduate courses
Events or performances at the university that are open to the general public or guests (i.e., athletic competitions, plays, concerts) wherein parents/guardians are expected to provide appropriate supervision of Minors
Campus tours or visits by Minors considered to be prospective students
Non-residential field trips to the campus supervised by a Minor's school or organization
Off-campus clinical, practicum or student teaching experiences

IV. Adult Supervision

All activities involving Minors should typically be supervised by an Authorized Adult or by the parent or legal guardian of the participants. Factors to be considered in determining requirements for supervision are:

The number, age and gender of participants
The activities involved
Type of housing, if applicable
Age, gender and experience of the Authorized Adults

A. Group Interaction

It is acceptable for an individual program staff member to provide program services to a group of participants (e.g., classroom instruction or outdoor activities) if the activity is conducted in an open or public area where the group is visible to others outside the group at all times. This includes classroom or meeting activities where open doors or windows allow for a clear line of sight.

B. Individual (One-on-one) Interaction

Likewise, it is acceptable for an individual program staff member to interact with an individual Minor as long as the interaction occurs in an open or public area (common area), or in non-public settings that are visible from common areas during normal business hours or such other times one would reasonably anticipate others would be present. This includes meetings in private offices during normal business hours where open doors or windows allow for a clear line of sight from the common area.

C. Electronic Interaction

In the case of electronic communications, Authorized Adults/program staff must not have any direct electronic communications with Minors without another Authorized Adult, parent or legal guardian being included in the communication.

V. Duty to Report

A. Injury

To maintain a safe environment, Authorized Adults and/or sponsoring units shall inform the university of any injuries that occur at a university facility or to faculty and staff in the course of their work responsibilities at the earliest possible time.

B. Suspected Child Abuse or Neglect

Authorized Adults or other Mandatory Reporters who have reasonable cause to believe that child abuse or neglect has occurred shall immediately report (within 24 hours) that suspected abuse or neglect to Whitworth University Security Service Office and the appropriate supervisor or administrator, who shall take immediate action. If an Authorized Adult or other Mandatory Reporter suspects abuse, they must report the situation within 24 hours to all of the following:

Whitworth University Security Services at 509.777.4444
The program or activity administrator
The Title IX Coordinator or designee at 509.777.4536

Where an allegation of inappropriate conduct has been made against an Authorized Adult participating in a program, s/he shall discontinue any further participation in Programs and Activities covered by this policy until such allegation has been satisfactorily resolved.

C. Other Violations of Policy

If any person witnesses a violation of this policy, such as one-on-one contact, or anything that gives rise to concern for the health or safety of a Minor, that person shall immediately notify the Title IX Coordinator or designee at 509.777.4536 or via email at titleixtcoordinator@whitworth.edu.

D. Non-Retaliation

It is the university's policy that no member of the faculty or staff or student making a good-faith report of suspected abuse or neglect will be retaliated against in the terms and conditions of employment or educational program.

E. Compliance

Failure of Mandatory Reporters to report suspected child abuse is a violation of state law and a criminal offense (O.C.G.A. § 19-7-5 Washington State Mandated Reporter law). Any Whitworth University faculty, staff or student who fails to report a case of suspected child abuse or neglect is subject to disciplinary action, which could include termination (if a faculty or staff member) or expulsion (if a student). If a Third Party or volunteer fails to report a case of suspected child abuse, s/he risks termination of the contract or relationship with the university.

VI. Code of Conduct for Authorized Adults

Authorized Adults should behave professionally and maintain the highest standards of personal behavior at all times. Authorized Adults participating in Programs and Activities covered by this policy shall not:

Have one-on-one contact with Minors, except as described above. There must be an Authorized Adult present during activities where Minors are present. One-on-one contact includes electronic communication. Therefore, Authorized Adults/program staff shall not have any direct electronic communications with Minors without another Authorized Adult, parent or legal guardian being included in the communication.
Enter a Minor's room, sleeping quarters, bathroom facility, changing area, shower area or similar area without another Authorized Adult in attendance, except under emergency circumstances.
Share sleeping quarters with Minors. Separate accommodations for adults and Minors are required other than the Minor's parents or guardians.
Engage in abusive conduct of any kind toward, or in the presence of, a Minor.
Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any Minor.
Engage in rough or sexually provocative games, including horseplay.
Allow any inappropriate touching, including between Minors.
Swear, use or respond to sexual innuendo or make sexually suggestive comments.
Pick up Minors from or drop off Minors at any location except as specifically authorized in writing by the Minor's parent or legal guardian.
Make sexual material in any form, including printed and electronic, available to Minors participating in Programs or Activities covered by this policy or assist them in any way in gaining access to such materials.
Give personal gifts to, or do special favors for, a Minor or do things that may be seen as favoring one Minor over others. Likewise, expensive gifts should not be accepted from any Minor in the program.
Tell a Minor, "This is just between the two of us," or use similar language that encourages Minors to keep secrets from their parent/guardians.

VII. Duties of Sponsoring Units

Each sponsoring unit shall:

Designate a director for each Program or Activity who shall be responsible for implementation and oversight of the program activities and compliance with university policies, procedures and guidelines. The program director should have a level of authority to ensure compliance with the requirements outlined in this policy.
Develop and implement a clear set of rules for each program, which shall address safety and security procedures, procedures for emergency notification and communication, disciplinary measures, behavioral expectations, and rules of conduct. These rules must be made available to program participants and their parents/legal guardians.
Follow all university policies and other laws or regulations applicable to program activities.
Ensure that no Minor under age eight (8) participates in a Residential Program.
Assign a staff member who is at least 21 years of age to be on call and accessible to participants at all times. The staff member must reside in the housing unit, if applicable. Additional Authorized Adults should be assigned to ensure one-on-one contact with Minors does not occur, and that appropriate levels of supervision are implemented.

VIII. Training

All Authorized Adults/program staff participating in a program covered by this policy are required to attend annual mandatory training provided by the sponsoring unit and/or program that must include, at a minimum, the following:

Mandatory reporting obligations, including child abuse and prevention
Information about responsibilities and expectations required under this policy
Procedures under this policy
Responsibilities and expectations under the policy on sexual misconduct
Appropriate crisis/emergency responses
Safety and security precautions
Addressing medical emergencies
University responsibility/liability
Protecting participants from abusive emotional and physical treatment

A copy of the Minors on Campus Policy should be given to all Authorized Adults/program staff for review, and each should sign an acknowledgment that they have read and understood the policy.

The sponsoring unit and/or program director may enhance or modify the required training program to meet specific needs of the particular Program or Activity involved, but any such enhanced or modified program must include all the elements described in this section. In addition, the sponsoring unit and/or program director shall arrange for sufficiently frequent training sessions to permit covered Programs or Activities to continue to function on a regularly scheduled basis.

Additionally, all Authorized Adults/program staff must successfully complete the Minors on Campus Policy and Procedure training course annually. The training should be scheduled with the Title IX Coordinator or designee and should be completed prior to the start date of the Program or Activity involving Minors.

The program director is responsible for maintaining appropriate documentation that certifies the program's Authorized Adults/program staff have been properly trained each year (e.g., attendance records at program training, signed Acknowledgment of Understanding). These records are subject to university audit. Non-university entities using university facilities for programs/camps involving Minors are required to certify that they have provided training comparable to that required under this policy to their program staff.

IX. Program Rules of Conduct

Each program should have a clear set of rules of conduct for participants that should be provided to participants and parents/legal guardians prior to participating in the program. Each set of rules must include the following common elements:

Clear statement that participants must abide by all university policies/regulations and a clear explanation of potential discipline in the event of non-compliance (e.g. removal from the program)
Clear statement prohibiting the possession or use of alcohol, drugs, fireworks, firearms, guns, knives and other weapons
Clear statement that the operation of motor vehicles by Minors in residential programs is prohibited while attending and participating in the program
Clear statement that no violence of any kind, including sexual abuse, sexual harassment and other sexually inappropriate conduct will be tolerated
Clear statement that hazing and bullying (verbal, physical and cyber bullying) are prohibited
Clear statement that theft is prohibited
Clear statement that the use of tobacco products is prohibited, and smoking is prohibited on all university property
Clear statement that misuse or damage to university property is prohibited and participants may be financially responsible for damage or misuse of university property
Prohibition against the inappropriate use of cell phones, cameras, imaging and other digital recording devices, including use of such devices in showers, restrooms or other areas where participants expect privacy
Rules and procedures governing when and under what circumstances participants may leave the property during the program
Process and procedures to be followed if a participant, group leader or other individual associated with a program is alleged to have violated university policies or rules of conduct of the program, including the process for dismissal and removal from the program.

Campus units sponsoring a program are expected to provide orientation to participants that address the following topics:

University rules, program rules of conduct and behavioral expectations
Program safety and security procedures
University reporting protocol for suspected child abuse, sexual assault or other crimes

X. Communication and Notification

The sponsoring unit shall establish an appropriate procedure for the notification of the Minor's parent/legal guardian in case of an emergency, including medical or behavioral problems, natural disasters or other significant program disruptions. Authorized Adults with the program, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the Minors in the program.

The sponsoring unit shall maintain a list of all program participants and a directory of program staff. This list shall include participant's name, local room assignment (if applicable), gender, age, address, and phone number(s) of a parent or legal guardian, as well as emergency contact information. For residential programs at university facilities, a copy of this list of program participants and a directory of program staff must be made available to Whitworth University Security Services.

The sponsoring unit shall provide information to the parents/legal guardians detailing the manner in which the participant can be contacted during the program.

XI. University Housing

For residential programs, the sponsoring unit or program director must develop and implement rules and regulations for proper supervision of Minors in university housing, which should be provided to participants and parents/legal guardians prior to participating in the program. The following must be included:

Written permission signed by the parent/guardian for the Minor to reside in university housing
Visitation by non-participant guests (other than a parent/legal guardian in an emergency situation) is forbidden
The program must comply with all security measures and procedures specified by the university's residence life and security services

XII. Background Checks

All Authorized Adults/program staff are required to have a background check on record with the university before being hired or allowed to engage with Minors. Background checks are not required for volunteers, temporary guest speakers, presenters and other individuals who have no direct contact with program participants other than short-term activities supervised by Authorized Adults/program staff.

The university will conduct a background check that will include at a minimum a National Crime Information Center (NCIC) criminal history check, a national sex offender registry check and a driver's license check. The results of the background check must be reviewed and approved by Whitworth University's Department of Human Resource Services prior to Authorized Adults/program staff being hired and/or working with a Minor. It is the responsibility of the program director to assure that each program staff member has received clearance from Whitworth University's Human Resource Services.

The university may accept documented background clearances from governmental agencies (e.g. school districts) that have been completed within 3 years from the start date of the Program or Activity.

The university reserves the right to take appropriate action with respect to employees who may have falsified or failed to disclose information material to their employment on employment applications uncovered as a result of the background check, including and up to immediate termination of employment. Copies of all correspondence with program staff members regarding background check reports will be retained in human resource services.

All contracts for the services of independent contractors that will be working with Minors must include a provision assuring that the employees of such independent contractors or the contractor (in the case of a solo contractor) will comply with the above established process or provide evidence that background checks and training comparable to those required by the university under this policy have taken place.

XIII. Programs Directed by Non-University Entities

From time to time, Programs or Activities will be held on the university campus by non-university organizations. Any such program involving Minors shall be operated consistent with the guidelines of this policy. All contracts for the use of university facilities by non-university organizations for programs involving Minors shall reference this requirement and provide a link to this policy.

Non-university organizations using university facilities for programs/camps involving Minors shall be required to deliver the following before authorization of use of university facilities (exceptions to any of these requirements may only be granted by the vice president of business and finance):

A signed Facilities Use Agreement setting forth the specific facilities to be used, the dates and hours of permitted access and other terms applicable to such use
A signed Safety of Minors Addendum (view Form B) wherein non-university organizations represent and certify that the program meets all the requirements for programs set forth in this policy, including without limitation, all provisions concerning training, staff-to-participant ratios, and background checks of all Authorized Adults
A signed Release and Indemnification Agreement in a form acceptable to Whitworth University's advising counsel releasing the university from all liabilities and claims for damages from any cause whatsoever and defending and holding the university harmless against any and all claims arising from the actions of the non-university organization, its employees or volunteers, and from any failure to conform to the requirements of this policy
Due to the nature of some events, the university reserves the right to require additional limits of liability coverage. Liability for incidents that may occur as a result of the non-university organization's activities falls on the organization only and does not extend to the university. Liability waiver agreements between the program participant's parent/guardian and the organization shall plainly state that the participation in the Third-Party organization's Program or Activity is neither endorsed nor sponsored by Whitworth University.

XIV. Releases

The Program Director/program staff shall obtain a Liability Release as part of the program registration process. The Liability Release must also contain a media, photo and video release clause within it. All data gathered shall be confidential, is subject to records retention guidelines, and shall not be disclosed, except as provided by law.

XV. Enforcement

Sanctions for violations of this policy will depend upon 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.

XVI. Waivers

Any requests for clarification as to whether a particular Program or Activity is subject to this policy should be sent to the Title IX coordinator.

The program director and his or her supervisor should first approve requests for a waiver to all or any portion of this policy. The request should then be sent to the vice president with oversight for the sponsoring unit and Title IX coordinator for appropriate review using the Minors on Campus Program/Activity Request for Exemption Form. Either aforementioned office will review the request and may request additional information or supporting documentation as needed. Either aforementioned office will advise the program director in writing as to their decision.

When seeking clarification or a waiver of a Program or Activity, the information provided shall include, at a minimum, the person in charge of the Program or Activity; the dates and locations where Minors will be participating; the general nature of the activities and program to be undertaken or offered; the names of all Authorized Adults who will be participating directly with Minors in the Program or Activity; and the administrative requirements associated with the Program or Activity, including but not limited to waivers and permission slips to be obtained from the parents/guardians of participating Minors and medical emergency forms.

Minors on Campus Waivers