Guidance on procedures and best practices for complying with the University's Protection of Minors policy.
Employee Volunteer Code of Conduct
USU employees and volunteers may encounter Minors in many areas during their employment with USU, whether involved in a Covered Program or not, and should conduct themselves in a respectful, honest, and caring manner at all times when Minors are present.
Employees/Registered Volunteers shall NOT:
- Engage in abusive conduct of any kind toward, or in the presence of, a Minor.
- Use any form of physical or corporal punishment to discipline a Minor. If restraint is necessary to protect a Minor from self-harm or protect other Minors from harm, all incidents must be documented and disclosed to the Program Administrator and the Minor's parent/guardian.
- Engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit material (or assist in any way to provide access to such material) with Minors.
- Engage in romantic, sexual, or related conversations with Minors.
- Communicate electronically with Minors unless there is an educational or programmatic purpose and the content of the communication is consistent with the mission of a Covered Program and the University. This includes email, text messages, social networking websites, Internet chat rooms, or other forms of social media. If communicating electronically is necessary, another Authorized Adult shall be copied on the communication.
- Communicate with a Minor participant after a Covered Program has concluded, unless the communication is conducted with the knowledge and permission of the Minor’s parent/guardian.
- Physically touch a Minor in a manner that is prohibited by law or that a reasonable person would interpret as inappropriate. Touching, when necessary, should be appropriate, public and non-sexual. It should be in response to the Minor's needs, for a purpose that is consistent with a 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 to being touched should be respected unless the touching is necessary to stop immediate harm to the Minor or others or to assist in rendering urgent or emergency medical treatment.
- Be alone with a Minor unless the one-on-one interaction is authorized as part of the Risk Management Plan. When one-on-one interaction is authorized, the interaction should be in a public space or space that permits observation by other persons. An employee/volunteer should never be in a locked room with a Minor unless there is an emergency situation.
- Meet with a Minor outside of established times for Covered Program activities. Any exceptions require written authorization from the Program Administrator and the parent/guardian.
- Invite a Minor to a private location such as a private residence or engage in an overnight visit with the Minor.
- Use, possess, or be under the influence of alcohol or illegal drugs while on duty or when responsible for a Minor's welfare.
- Transport a Minor in a vehicle for personal reasons not related to a Covered Program, unless there is written authorization from the Program Administrator and the Minor’s parent/guardian.
- Accept from or give gifts to a Minor without the knowledge of the Minor’s parent/guardian.
- Leave a Minor or Minors under the supervision of a person who is not an Authorized Adult; for example, with a guest presenter, during a field trip, etc.
Any violation of the Code of Conduct may lead to disciplinary action, up to and including exclusion from the Covered Program or University Premises, and/or termination of employment.
Participant Behavioral Code of Conduct
All Covered Programs should have a Participant Behavioral Code of Conduct that, at a minimum includes these items:
- The possession or use of alcohol, tobacco, and other drugs is prohibited.
- The possession or use of fireworks, guns, and other weapons is prohibited.
- The operation of a motor vehicle by Minors is prohibited while attending and participating in the program.
- No violence, including sexual abuse or harassment, will be tolerated.
- Hazing of any kind is prohibited.
- Bullying including verbal, physical, and cyber bullying is prohibited.
- Theft of property is prohibited.
- Misuse or damage of University property is prohibited. Charges will be assessed against those participants who are responsible for damage or misuse of University property.
- The inappropriate use of cameras, imaging, and digital devices is prohibited, including use of such devices in showers, restrooms, or other areas where privacy is expected by participants.
Covered Programs may add to this list as is appropriate to the program and/or activity. Participant Behavioral Codes of Conduct should be included in the risk management plans and in documentation provided to parents and/or legal guardians.
Protection of Minors Reporting Obligations
This section describes mandatory reporting obligations for all University employees, students, volunteers, and Authorized Adults, in conjunction with USU Policy 534: Protection of Minors.
Any person who has reason to believe that a Minor has been subjected to abuse or neglect, including sexual abuse, shall immediately notify the Utah state office of Child and Family Services or a law enforcement agency. Utah Code Ann. § 62A-4a-403.
In case of emergencies on University Premises, immediately call the Utah State University Police Department at 435-797-1939 or 911.
To report known or suspected abuse of a Minor, contact the Utah Department of Human Services, Child and Family Services Hotline at: 1-855-323-3237 or the police department that would have jurisdiction over the location of abuse.
Reports of known or suspected child abuse or neglect by Authorized Adults and/or on University Premises shall also be made to the USU Police Department.
Reports of violations of University policy or state or federal statutes involving a Minor participating in a Covered Program, conduct that may subject a Minor participating in a Covered Program to physical or emotional danger or harm, or violations of University discrimination, sexual harassment, or sexual misconduct policies shall also be made to the USU Police Department and the USU Office of Equity.
If any University employee, student, volunteer, or an Authorized Adult has reason to believe that an Authorized Adult has engaged in conduct that violates the Code of Conduct or related rules, the known or suspected violation and the identity of the Authorized Adult who is alleged to have engaged in the violation shall be reported immediately to the USU Police Department.
Reports may be made anonymously, however anonymous reports that do not contain sufficient information may limit the ability to conduct appropriate investigation. On receiving a report, the University will take immediate, reasonable steps to assure the safety of Minors and comply with all applicable legal reporting and referral requirements.
The University prohibits retaliation against any person who in good faith makes a report of abuse or participates in an investigation or complaint process under this Policy. The University also prohibits the intentional filing of false reports.
Risk Management Plans
Each Covered Program should develop a risk management plan specific to each Covered Programs individual needs and risks. Risk management plans should take in to account the age of the participants, types of activities, location of activities, transportation needs, etc. The plan should identify potential risks and outline the ways in which the Covered Program will address and mitigate those risks. The plan should also outline response plans in case of an emergency.
Risk management plans can be simple or complex depending on the nature of the youth program. There is no one-size-fits-all plan.