Protection of Minors Policy

II. Scope

This Policy provides guidelines that apply broadly to interactions between minors and Colgate’s faculty, staff, students and volunteers (each category detailed below), as well as for others involved in on-campus University-run or University-sponsored programs or activities.

Faculty: This category includes all positions and titles subject to the Faculty Handbook
Staff: This category includes all Colgate staff, including exempt, non-exempt, and union members
Students: This category includes all enrolled students
Volunteers: This category includes approved volunteers, who have signed the Colgate University Volunteer Service Agreement

This Policy also establishes requirements for non-University organizations and entities that operate programs or activities involving minors on University property. All Colgate faculty, staff, students, volunteers and others involved in on-campus programs or activities are responsible for understanding and complying with this Policy.

III. Definitions

Abuse or Neglect of Minors, 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.
Minor, for purposes of this Policy, means any person under the age of 18, but does not include an enrolled Colgate University student. The conduct requirements in the Policy apply to those who are under the age of 18. This Policy and its requirements do not apply to the following programs or activities:
- Single performances or events open to the general public not targeted toward minors.
- Social functions that may be attended by minors who are accompanied by their parents/guardians.
- Traditional teaching in a classroom setting.
  For Colgate activities occurring outside of New York State, the University defers to the legal definition of a minor in the applicable jurisdiction.
Physical Injury, means impairment of physical condition or substantial pain.
Sexual Abuse, means subjecting another person to sexual contact without the latter's consent.
Sexual Conduct, means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
Sexual Contact, means any touching of a person for the purpose of gratifying sexual desire of either party, or for purposes of sexual degradation or humiliation. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

IV. Responsibilities and Conduct

Members of the Colgate University community (including faculty, staff, students, volunteers and others involved in on-campus programs or activities) who interact with, supervise, chaperone, or otherwise oversee minors in programs or activities at the University, are expected to:

Be vigilant in protecting the safety and well-being of minors.
Remove a minor from a dangerous situation immediately.
Report any suspected instances of abuse, neglect, inappropriate conduct or violations of this Policy as outlined below. Additionally, when interacting with minors at an off-campus location during University sponsored activities, suspected minor abuse should be reported to local law enforcement officials as well as complying with the University’s reporting requirements.
Make every attempt to ensure that any one-on-one contact with a minor is observed or supervised by other adults to the extent possible.

The following conduct is prohibited:

Any form of inappropriate physical contact (e.g., striking, hitting, shaking, inappropriate touching, horseplay, hazing, bullying or administering corporal punishment) or the emotional abuse of a minor.
Offering or making a gift to a minor for the purpose of engaging in or not reporting any prohibited conduct.
Using alcohol or illegal drugs, or being under the influence of alcohol or illegal drugs during a program or activity involving minors.
Enabling, facilitating or failing to address a minor's use of alcohol or illegal/non-prescribed drugs.
Using vulgar or discriminatory language, sharing gossip or inappropriate personal information, such as dating or relationship history, with or in the presence of minors.
Meeting with minors outside of established times for program activities.
Engaging in any inappropriate private non-program related communication with a minor (e.g., email, text messaging, social media, telephone, etc.). When engaged in private program related communications, community members are reminded to take appropriate steps to reduce the appearance of isolation and/or appearance of impropriety (e.g., leave doors open, remain within sight of or be accompanied by another staff member, etc.).
Engaging in misconduct of any kind towards or in the presence of a minor, including but not limited to:
- Sexual abuse of a minor;
- Touching a minor in an inappropriate or illegal manner
- Making pornography or other sexually inappropriate materials in any form available to a minor or assisting a minor in gaining access to such materials.
- Abuse or neglect of a minor.
Taking pictures of minors for non-programmatic use, unless their parent or legal guardian has given express permission.
Releasing a minor to someone other than a parent/guardian from any program or activity without a written authorization from the minor’s parent or guardian (authorized individual must be at least 18 years of age).

V. Supervision

All University-run or University-sponsored programs or activities will ensure adequate ratios of staff to minor participants, which shall be subject to approval by the Office of Risk Management based upon consideration of factors including but not limited to the nature of the program or activity, the number of participants, and the ages of participants. In any event, supervision arrangements shall comply with any staff to minor ratio required by applicable law.

VII: Reporting Suspected Abuse of Minors

Every member of the Colgate University community is obligated to report known and suspected instances of the abuse, neglect or sexual abuse of minors as outlined in this Policy.

Reporting

If you have reasonable cause to suspect that a minor participating in any Colgate-run or sponsored program or activity is being or has been abused, neglected or subjected to sexual abuse, or if you have any concerns regarding the safety of a minor, take the following steps:

If a minor is in immediate danger or you require emergency assistance, immediately call 911.
If the minor’s parent or other person who is legally responsible for the minor is suspected of abusing, neglecting or sexually abusing the minor, call the New York State Child Abuse & Maltreatment Hotline: 800-342-3720 (be sure to obtain an ID number and representative name when calling the hotline to provide to Campus Safety).
Call Colgate Campus Safety: 315-228-7911.
Notification to the minor’s parent(s), or person(s) in parental relation, will normally done jointly by Law Enforcement and Campus Safety, unless that person(s) is the suspected wrongdoer.

VIII. Protection of Reporting Parties

Retaliatory action against anyone acting in good faith who has reported inappropriate conduct/child abuse in accordance with this Policy, or who has been involved in reporting, investigating, or responding to a report of inappropriate conduct/child abuse, is a violation of this Policy. Individuals are to report allegations of retaliation under this Policy to Campus Safety. Campus Safety will work with civil, criminal or University authorities as appropriate.

Retaliatory acts may include, but are not limited to:

Employment actions affecting salary, promotion, work duties or schedules and/or work locations;
Actions negatively impacting a student’s academic record or progress;
Any action adversely affecting an individual’s participation or presence in the campus environment, including harassment and intimidation.

X. Policy 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, expulsion/dismissal, termination, and, where appropriate, exclusion from campus.

The University may also take necessary interim actions before determining whether a violation has occurred. Colgate may terminate relationships or take other appropriate actions against non-University entities that violate this Policy.

XI. Third Party Use of University Facilities

Third party entities that use University facilities must agree to abide by this Policy, including its requirement that any suspected child abuse or inappropriate conduct be immediately reported to Colgate’s Campus Safety Department.
Every third-party entity also agrees that:

Its employees, volunteers, subcontractors and agents who will enter University property for purposes related to its program(s) or activity(ies), will conduct, within a 90 day period preceding the commencement of the Program (s) or activity(ies):
1. a general criminal background check against national and New York State databases;
2. a search of the NY Sex Offender Registry (defined as the file of persons required to register pursuant to Article 6-C of the Correction Law maintained by the NY Division of Criminal Justice Services (“DCJS”);
3. submission to DCJS of the names and other information for each such individual sufficient for DCJS to determine if any such individual is a registered sex offender; and
4. a search of the National Sex Offender Public Registry (defined as the website maintained by the U.S. Department of Justice). The third-party entity shall review the results of the above records checks and ensure that an individual with findings of abuse, violence, or exploitation will not come on campus under their employ. Records of the results of these searches will be maintained by third party entity.

It is solely responsible for the supervision of Program Participants. It will maintain continuous supervision of staff and any guests throughout the duration of the Program. User further agrees that for all facets of its program(s), it will adhere to the following minimum staff to minor supervision ratios by age of minor:

If the youngest member of group is	Supervision required
5 years or younger	1 staff for each 6 minors
6-8 years	1 staff for each 8 minors
9-14 years	1 staff for each 10 minors
15-17 years	1 staff for each 12 minors

Additionally, at least 80 percent of the program/activity supervising staff must be 18 years of age or older, and all staff must be at least 16 years of age and at least 2 years older than the minor with whom they are working. Such staff must have training specific to the activity conducted in the program. The overall supervisor of the program must be an adult with certification or documented training and/or experience in the activity conducted in the program.
All its staff will have received training in the identification and reporting of child sexual abuse, and will report any known or suspected abuse of a minor that occurs on Colgate University property to Colgate University Campus Safety: 315-228-7911, and to the New York State Child Abuse & Maltreatment Hotline: 800-342-3720 (obtain ID number and representative name) if the minor’s parent or other person who is legally responsible for the child is the suspected abuser.
Any time transportation is provided for participating minors to and from the University, in addition to the driver of the vehicle, there shall be at least one other staff member in the vehicle at all times.
It will secure and maintain, at its sole cost and expense, the following minimum insurance coverages and, where applicable, name Colgate University, and its officers, employees, agents, and volunteers as additional insureds (ISO Form CG 2010, 11/85 Edition or equivalent, endorsement CG 20 10 04 13 is not acceptable), indicating that the insurance is primary with respect to all other insurance or self-insurance in force.

Minimum General Liability Coverage Requirements:
$1,000,000: Each Occurrence
$1,000,000: Damage to Premises
$10,000: Medical Expense
$1,000,000: Personal and Advertising Injury
$2,000,000: General Aggregate
$1,000,000: Products and Completed Operations Aggregate
$1,000,000: Tenants Legal Liability
Occurrence Form

Minimum Sexual Abuse and Molestation Insurance Coverage:
$1,000,000: Claims-made basis

Minimum Contractual Liability Coverage Requirements
$1,000,000: Each Occurrence
Certificate of Insurance must maintain contractual liability endorsement stating that the policy is extended to cover the liability assumed by the insured under the terms of its contract with Colgate University.

Minimum Automobile Liability Coverage Requirements (when required):

$1,000,000: Bodily Injury and Property Damage
$1,000,000: Hired and Non-Owned Automobile Liability

Minimum Excess/Umbrella Liability Coverage Requirements:
$5,000,000: Each Occurrence
$5,000,000: Aggregate
Occurrence Form

Minimum Workers Compensation/Employers’ Liability Coverage Requirements (when required):
Statutory Limit: Workers Compensation
$500,000: Employers Liability – Each Accident
$500,000: Employers Liability – Disease-Each Employee
$500,000: Employers Liability – Disease-Policy Limit

All Certificates of Insurance must be provided on an Acord 25 Form.
Insurance Companies providing coverage must be rated A- VII or better by AM Best.
Addition Insured/Hold Harmless: Colgate University, and its officers, employees, agents, and volunteers are included as additional insureds (ISO Form CG 2010, 11/85 Edition or equivalent). This insurance is primary with respect to all other insurance or self-insurance in force.
Cancellation Clause: 30 days’ written notice
Certificate of Insurance must be on file with Colgate University two (2) weeks prior to the event or use of facilities. Please mail to: Colgate University, Risk Management (or other Department as requested), 13 Oak Drive, Hamilton, New York 13346.

I. Purpose