3.1.40 Protection of Minors

Piedmont University is dedicated to the welfare and safety of Minors who visit Piedmont University’s campus and who participate in Piedmont University’s Programs. To promote the protection of Minors, this policy 1) describes the requirements of administrators, faculty, staff, students, volunteers and others who interact with Minors and 2) informs all members of the university community of their obligation to report any instances of known or suspected abuse or neglect of Minors.

PROCEDURES

I. DEFINITIONS

A. Child Abuse or Neglect: The State of GA Mandated Reported Law O.C.G.A. §19-7-5 of 2016 defines child abuse as:

(I) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child.

(II) Neglect or exploitation of a child by a parent or caretake thereof;

(III) Endangering a child;

(IV) Sexual abuse of a child; or

(V) Sexual exploitation of a child.

“Child” under this definition means any person under 18 years of age.

For more information on child abuse and child neglect examples, see Appendix A, “Code of Conduct for Interacting with Minors and Identifying Child Abuse.”

B. Minor is a person under the age of eighteen (18). (18 U.S. Code § 2256)

C. Program includes, but is not limited to, a planned and/or regular event that includes Minors such as a camp, laboratory experience or internship, campus visit, club, workshop, project, lesson, team, practice, or tour.

D. Program Leader is the individual or individuals with primary responsibility for the program, event, or activity and who has (have) the authority to make decisions concerning the program, event, or activity, including placement and removal of employees. All such individuals must have passed a background check conducted or authorized by the College or Third-Party/Entity.

E. Piedmont University-Run or Affiliated Program: Programs, events, or activities administered in full or in part by the University in which Children/Minors are in the care and/or custody of the University during the program, event, or activity.

F. Third-Party Organizations/Entities: Programs, events, or activities conducted on campus or other University-owned or University-operated facilities and administered by a non-University entity. Examples include external groups or LLC’s holding workshops, sports camps, and conferences, etc. at University facilities.

II. REPORTING REQUIREMENTS

Every member of the University community (not limited to individuals who interact with Minors) is required by law to report known or suspected instances of the abuse or neglect of Minors. Members making a report in good faith will be protected from criminal and civil liability for making the report. Additional policy requirements include the internal reporting of abuse or maltreatment of or inappropriate interactions with (including conduct code violations) a Minor in a Piedmont University program or at an event on campus. It is important to understand that every member is required to report any type of suspected abuse, neglect or inadequate care rather than just child sexual abuse. This policy includes disclosures of abuse which may or may not involve Piedmont University personnel.

A. Reporting Child Abuse and/or Neglect

Georgia Code Annotated 19-7-5 (c) (1) requires all persons to report suspected cases of child abuse or neglect. “Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.”

When abuse or neglect of a Minor is suspected, two reports, one external and one internal, must be made:

External Report: Georgia law requires every person to make a report when they suspect sexual or physical abuse or neglect of a Minor. Failure to report is a misdemeanor. The required report may be made to the State of Georgia Child Abuse Hotline at 1.855.GACHILD (+1 855-422-4453), online at https://cps.dhs.ga.gov/Main/Default.aspx. or to a Georgia sheriff’s office or police department, including Piedmont University Campus Police at 706-939-1349. If the situation is a life-threatening emergency, contact 911.

Internal Report: In addition to an external report, every member of the University community has a further obligation to report known or suspected abuse, neglect, maltreatment, exploitation, or inappropriate interactions with (including conduct code violations) a Minor on campus or in a Piedmont University program immediately to Piedmont University. Internal reporting steps include:

Immediately contact the program supervisor (where appropriate) and the Office of Compliance, Equity & Inclusion at 706-778-8500 x 1504.
Program supervisors receiving any report of concern of abuse to a Minor must report the concern to the University’s Title IX Coordinator and Director of Compliance, Equity & Inclusion. This includes if the program supervisor has already made a referral to the Department of Children’s Service or Law Enforcement as outlined in the external reporting procedure above.
Concerns may also be reported via the University’s CSA Reporting Form Incident/CSA Reporting Form (wufoo.com)

B. Other Concerns Regarding Minors

All concerns affecting the safety and well-being of a Minor on campus and/or participating in a Piedmont University Program should be reported via the internal methods described above.

III. SCOPE

A. Minors Participating in a Piedmont University Program

Regardless of their physical locations, Piedmont University Programs, including but not limited to athletic camps, academic camps, recreational camps, intern and observer placements, campus visits, and student organizations that involve service to Minors, fall within the scope of this policy. All Piedmont University Programs that involve Minors−whether they are time-limited, part of an operational process, or involve the housing of visiting Minors in residence halls−fall within the scope of this policy.

B. Minors Participating in a Third-Party Organization/Entity on Piedmont University’s Campus

Third party and external organizations providing programs that involve Minors on Piedmont University’s campus fall within the scope of this policy, require registration, and are subject to compliance and reporting requirements. Third party agreements will include, at minimum, language to address compliance with mandatory reporting, insurance requirements, individual background clearances and child protection training.

C. Visiting Minors or Minor guests not Participating in a Piedmont University or a Third-Party Organization/Entity

Piedmont University is generally not a proper environment for Minors who are not directly accompanied by a parent or guardian unless they are participating in a Program planned for Minors and adequately supervised by adults who have the appropriate training and credentials. Accordingly,

Visiting Minors under the age of 18 are not permitted on any student residential housing floors or student rooms on campus (including Greek housing), unless accompanied by their parent/legal guardian or PU enrolled student sibling.
For day and/or overnight visits, the hosting student is responsible for the Minor guest throughout the visit.
Overnight Minor visitors in residential housing:

i. Piedmont University students who may be hosting a minor guest for an approved event/program/camp/recruit on campus overnight must register the visitor at least 24 hours in advance of the stay by following the Guest Registration process and completing the Overnight Guest Registration Form.

ii. Minors under the age of 18 are not permitted to spend the night in PU student residential housing.

Pursuant to other University policies and/or Federal and/or State laws and regulations, Minors should not be present in certain facilities and environments.
Visiting Minors’ procedures do not apply to Minors who are enrolled Piedmont University students.

D. Supervision

Minors must not be left unsupervised on Piedmont University’s campus. It is the responsibility of those who bring Minors to campus (including Piedmont University Program Leaders or those individuals designated by Third-Party Organizations/Entities) to ensure appropriate and continuous supervision. Residential Programs should increase staffing ratios (must be compliant with ratios outlined in section IV) to cover overnight monitoring and must have continuous live-in adult supervision.

E. Piedmont University Students and Registered Student Organizations

Piedmont University is committed to educating students about the protection of Minors. If necessary and appropriate, Piedmont University students, as identified by the Office of Compliance, Equity, & Inclusion and/or the Office of Student Life, will complete training in the Protection of Minors. This allows Piedmont University students to meet the training compliance requirement to interact with Minors as a part of PU academic curricula, campus service activities, or registered student organization events.

The Office of Compliance, Equity & Inclusion and the Office of Student Life will provide guidance to registered student organizations interacting with Minors and complete annual and ongoing approval and evaluations of student organizational compliance with this policy.

F. Employment of Minors under the age of 18

Piedmont University does not employ Minors in regular full-time positions.
It may be appropriate to hire individuals who are under 18 years of age in temporary positions or in defined programs. Any position which would provide payment to a Minor, such as a stipend, student work, or other non-employee pay requires review and approval from the Office of Human Resources.
If Employment of a Minor is approved, the program or manager/supervisor may be required to register with the Office of Compliance, Equity & Inclusion and be compliant with all POM policies.
Due to safety concerns, Minors may never work in certain types of laboratories or operate certain types of machinery/equipment. The appropriate office will be consulted for approval if there is a concern for exposure/risk to a Minor.

G. Policy Exceptions to Activities that Involve Minors

1. This policy and its requirements of program registration, execute written agreement, background checks, training do not apply to:

Events open to the general public not targeted toward children.
Social functions that may be attended by Minors who are accompanied by their parents/guardians.
Collegiate events sponsored by Piedmont University when Minor college students may be participants.

2. On campus residential faculty/staff and their dependents and/or guests; procedures for residential faculty/staff are established by the coordinating office.

3. The enrollment of Piedmont University students who are under the age of eighteen (18) does not constitute a Program covered by this policy; however, anyone who knows or suspects abuse of a Piedmont University student under the age of 18 shall report that concern in accordance with this policy.

IV. COMPLIANCE PROCESS

The Office of Compliance, Equity & Inclusion (OCEI) is responsible for administering the Protection of Minors Policy.

Piedmont University Minimum Allowable Ratios for Programs with Minor Participants (ACA Recommendations)

Age	Day Event/Camp Ratio	Overnight Ratio
5 years and younger	1 Adult : 6 Minors	1:5
6-8 years	1:8	1:6
9-14 years	1:10	1:8
15-18 years	1:12	1:10

A. Program Registration, Events, and Personnel

The Program Leader or Leader’s designee of the Piedmont University program or a Third-Party Organization/Entity shall register the Program and subsequent events with the Event Coordinator with sufficient advance notice to meet the requirements and intentions of this policy. The Event Coordinator will review the information submitted for approval and may require additional information or procedures to be put in place. After receiving approval, Programs shall provide separate event data and names of personnel who will be interacting with Minors during each program activity. Activities with Minors should not commence until program activities and personnel are in compliance with the policy.

B. Execute Written Agreement(s)

Participation Agreement/Waiver of Liability: For all Piedmont University Programs involving Minors, the parent or guardian shall receive, review, and sign a university participation agreement before the Minor child can participate in the Program.

The Program Leader or Leader’s designee of a Piedmont University Run/Affiliated program shall contact the Event Coordinator for a copy(ies) of the agreement(s) appropriate for the Program. A Third-Party Organization/Entity is also expected to have a waiver of liability signed by their participants. Additional agreement components for both University Run/Affiliated programs and Third-Party Organization/Entities should include permission to treat in the case of an emergency, photo/media release, and emergency contacts. Others may be recommended based on the program activities.

University participation agreement language shall include a Protection of Minors provision which gives the parent/guardian information on Piedmont University’s child abuse reporting obligation and provides contacts for the parent in the case of a concern. The OCEI will provide appropriate language to meet this criteria.

C. Background Clearance Checks – Initial and Interval

An approved background clearance may be required of each adult prior to their interaction or participation with Minors in Programs covered by this policy. This includes but is not limited to third party or non-Piedmont University personnel who work with, instruct, or otherwise engage with Minors on Piedmont University’s campus. Paid student workers who work with, instruct, or otherwise engage with Minors participating in a Piedmont University program will also be required to have an approved background clearance.

Background Check Standards: Background checks shall consist of a social security number trace and address locator for seven years, a search of federal and state or county databases for criminal history for the past seven years, and a sex offender registry check.

The Office of Human Resources will oversee the processing of criminal background checks for University-Run/Affiliated programs. The cost of the background check will be borne by the department, activity, or program responsible for the program involving minors. Background checks must be conducted and the results evaluated prior to the adult beginning to work with, instruct, or otherwise engage with Minors. Individuals working with Minors in an active Piedmont University program will submit to a criminal background check at a minimum interval of every three years. Following the completion of any background check, there is an affirmative duty for all faculty and staff to notify Piedmont University of new arrests and the disposition of any outstanding charges within three business days of such occurrences, and to cooperate in providing information necessary to evaluate the circumstances of the arrest and charges. There is also an affirmative duty for faculty and staff to report to their supervisor within three business days any adverse information resulting from subsequent background checks obtained at any practice site and to cooperate in providing information necessary for evaluating the circumstances of the adverse information. Likewise, faculty and staff members have a duty to disclose within three business days any protective orders related to a criminal charge.

It is the responsibility of the University-Run/Affiliated Program Leader or Leader’s designee of the program to ensure that each participating adult has submitted the background request information form that can be obtained through the Office of Human Resources and has subsequently received clearance to participate prior to interacting with Minors. The Office of Human Resources will maintain a catalog of individuals who have been cleared to participate through the University approved background clearance process.

A decision not to allow an individual to participate in a Program covered by this Policy based on the background check or subsequent re-check will be made by the University’s Event Coordinator after consultation where applicable with the Office of the President, Office of Human Resources, Office of Compliance, Equity & Inclusion, Dean of Students, or appropriate school Dean. Any decision to deny participation in a program involving Minors must be consistent with applicable university policies on the use of background checks.

A Third-Party Organization/Entity that operates programs or activities on campus involving minors must conduct criminal background checks of their employees, volunteers, and representatives that meet Piedmont University standards. Third-Party Organizations/Entities must also submit a certification of compliance with the background check rules described herein, including that they have conducted background checks as set forth in this Policy and that no individual who may have failed a background check will be working with a minor. The University may request any additional information it deems necessary to meet the requirements of this Policy.

D. Training – Initial and Annual Required

Piedmont University requires that each adult shall complete training in the protection of Minors before they participate or engage with Minors in a Piedmont University Program or a Program that takes place on Piedmont University’s campus. For University-Run/Affiliated programs, the training shall be completed annually and will be documented via the University’s training platform, Vector Solutions.

The training shall include but is not limited to: Piedmont University’s policies regarding interactions with Minors, behavioral signs that Minor victims may exhibit, sexual abuse and sexual harassment of Minors, inappropriate behavior with Minors, reporting requirements and procedures, and other topics as appropriate. The Event Coordinator will maintain a catalog of individuals who have met training requirements for participating in programs with Minors. Training instructions or login information may be obtained from the Office of Compliance, Equity & Inclusion by calling 706-778-8500 x 1504 or emailing csnow@piedmont.edu.

It is the responsibility of the Third-Party Organization/Entity’s Program Leader or Leader’s designee of the program to ensure that each participating adult has completed appropriate training for the protection of minors that includes the topics listed above. The Third-Party Organization/Entity’s Program Leader or Leader’s designee must sign the Compliance Agreement certifying that all adults have satisfied training requirements and background checks.

E. Compliance Monitoring and Program Reviews

The OECI will conduct periodic monitoring and reviews of registered programs to assure compliance with this and other University policies and POM policy guidelines. Programs found to have violated the compliance elements of this policy may be subject to a delay in event start and/or removal of personnel from positions which include Minor interaction. Compliance escalation will be conducted, as necessary, for individual and/or departmental refusal to comply with this policy.

It is a requirement of this policy that personnel have met the compliance prior to the first day of the scheduled event. Personnel hired on an ongoing basis in a long-term event must be in compliance prior to any interaction with Minors.

Appendix A

Code of Conduct for Interacting with Minors and Identifying Child Abuse

This Appendix provides:

Guidance and expectations on your conduct in order to prevent and report child abuse.
Guidance on how to identify child abuse.

Code of Conduct for Interacting with Minors

You are required by Georgia law and Piedmont University policy to report actual or suspected abuse or other improper conduct involving a Minor. You also are also required to comply with the following Code of Conduct when interacting with Minors:

Do not spend time alone, either on or off campus, with a Minor away from others. If one-on-one interaction is required, meet in open, well-lit rooms or spaces with windows observable by other adults from the Program.
Do not engage in any sexual actions, make sexual comments, tell sexual jokes, or share or view sexually explicit material with or within the vicinity of Minors.
Do not touch Minors in a manner that a reasonable person could interpret as inappropriate.
Do not shower, bathe, or undress with or in the presence of a Minor.
Do not engage in any abusive conduct of any kind toward, or in the presence of, a Minor, including but not limited to verbal abuse, hitting, punching, poking, or restraining, except as required to protect a Minor or others from harm. All incidents involving such conduct, whether or not required to protect a Minor or others from harm, must be documented and disclosed promptly to the Program Leader and the Minor’s parent/guardian.
Be aware of the impact of your words and language on Minors.
Do not use, possess, or be under the influence of alcohol or illegal drugs while on duty or when responsible for a Minor’s welfare.
Do not meet with Minors outside of established times for Program activities. Any exceptions require parental authorization and must include more than one adult from the Program.
Do not engage or converse with Minors through email, text messages, social networking websites, or other forms of social media at any time except and unless there is an educational or programmatic purpose and the content of the communications is consistent with the mission of the Program and the university.
When transporting Minors in a Program, more than one adult from the Program must be present in the vehicle, except when multiple Minors will be in the vehicle at all times through the transportation. Avoid using personal vehicles if possible.
Do not tell children “this is just between the two of us” or use similar language that encourages Minors to keep secrets from their parent/guardians.

Identifying Child Abuse

The mandatory reporting requirement under Georgia law does not require confirmation of the presence of abuse; if there is a reason to believe abuse has occurred, the abuse must be reported. The appropriate authority will complete an investigation.

The State of GA Mandated Reported Law O.C.G.A. §19-7-5 of 2016 defines child abuse as:

(II) Neglect or exploitation of a child by a parent or caretake thereof;

(III) Endangering a child;

(IV) Sexual abuse of a child; or

(V) Sexual exploitation of a child.

“Child” under this definition means any person under 18 years of age.

Note that the possession, viewing and distribution of child pornography and solicitation of a Minor are forms of child abuse and shall be reported in accordance with Georgia Law and Piedmont University institutional policy.

Physical Abuse

Non-accidental trauma or physical injury of a child, or failure to protect a child from harm.

Physical abuse may be detected by signs such as:

Injuries such as burns, marks, and scalds.
Bruising which is repeated and on parts of the body where accidental injury would be unlikely to occur.
Untreated injuries.

Neglect

Failure to provide for a child's physical survival needs to the extent that there is harm or risk of harm to the child's health or safety.

Neglect may be detected by signs such as:

A Minor failing to attain age-appropriate development. Neglect may be a long term problem, so in addition to awareness of a lack of care, it is important to notice physical and behavioral signs.

A Minor being left alone and unsupervised.
A Minor’s basic physical needs (food, shelter, clothing) not being met.

Sexual Abuse

Includes penetration or external touching of a child's intimate parts, oral sex with a child, indecent exposure or any other sexual act performed in a child's presence for sexual gratification, sexual use of a child for prostitution, and the manufacturing of child pornography. Child sexual abuse is also the willful failure of the parent or the child's caretaker to make a reasonable effort to stop child sexual abuse by another person.

Warning signs differ by the age of the Minor. You should be aware of the following possible warning signs:

Sexual behavior or language that is not appropriate for the child’s age.
Overly compliant behavior.
Withdrawal or depression.
Unexplained anger.
Refusal to be left alone.
Finding reasons not to go home.
Finding reasons to avoid being with a specific person that the Minor used to spend time with.
Self-mutilation.
Failing grades or a change in school behavior.
Bed-wetting or bowel-movement accidents in children who have previously outgrown it.

Sexual Exploitation and Solicitation

Possession of material that includes a Minor engaged in sexual activity or simulated sexual activity that is patently offensive.
To knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in sexual activity or simulated sexual activity that is patently offensive.
It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in sexual activity or simulated sexual activity that is patently offensive, where such sexual activity or simulated sexual activity is observed by that person or by another.

Emotional Abuse/Psychological Harm/Neglect

A repeated pattern of caregiver behavior or extreme incident(s) that convey to children that they are worthless, flawed, unloved, unwanted, endangered, or only of value in meeting another's needs and may include both abusive acts against a child and failure to act, or neglectful behavior when age-appropriate action is required for a child's health development..

Emotional abuse includes:

Persistent lack of love or affection.
Shouting, taunting, or making negative remarks directed at the Minor.

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Section 3 - General Policies