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05-030 Child Protection Policy

I. SCOPE

Any Covered Person as defined in Section IV. Definitions.

II. POLICY STATEMENT

The State University of New York and SUNY Canton are committed to protecting the safety and well-being of children who participate in College-related programs and activities, whether on or off campus, or utilize campus facilities for activities including, but not limited to, sports camps, academic and personal enrichment programs, and research studies.

Individuals must conduct themselves appropriately with children who participate in College-related programs and report instances or suspicion of physical or sexual abuse of children.

III. POLICY

Any employee or student of or volunteer for SUNY Canton who witnesses or has reasonable cause to suspect any physical or sexual abuse of a child occurring on SUNY Canton property or while off campus during official college business or College-related events shall have an affirmative obligation to report such conduct to the SUNY Canton University Police immediately. Such report should include the names of the victim and assailant (if known), other identifying information about the victim and assailant, the location of the activity, and the nature of the activity. Upon receiving such a report, the SUNY Canton University Police must promptly notify the Commissioner of University Police at SUNY System Administration who shall report such incidents to the Chancellor for periodic reporting to the Board of Trustees.

In addition, to aid in the prevention of crimes against children on SUNY Canton property and/or during official SUNY Canton business at SUNY Canton-related programs and activities, relevant employees should be trained on the identification of such crimes and proper notification requirements. Vendors, licensees, or others who are given permission to come onto campus or to use College facilities for events or activities that will include the participation of children shall ensure that they have in place procedures for training, implementation of applicable pre-employment screening requirements, and reporting of sexual abuse.

For purposes of this policy, the applicable definitions of child sexual abuse are those in the NYS Penal Law in Articles 130 and 263 and Section 260.10.

Retaliation

Retaliatory action against anyone acting in good faith, who has reported alleged physical abuse or sexual abuse in accordance with this Policy, or who has been involved in investigating or responding to allegations of physical or sexual abuse, or who has reported a failure to comply with this Policy, is a violation of this Policy.  Retaliatory acts may include, but are not limited to:

• employment actions affecting salary, promotion, job duties, work schedules, and/or work locations;
• actions negatively impacting a student's academic record or progress; and
• any action affecting the campus environment, including harassment and intimidation.

Suspicions of retaliation should be reported to SUNY Canton Office of Human Resources at (315) 386-7325 or hr@canton.edu.

IV. DEFINITIONS

Covered Activity: A program or activity sponsored or approved by SUNY Canton or a College-affiliated organization; or an activity conducted by a vendor, licensee, or permittee for which a license or permit for use of College facilities has been approved, occurring on or off campus, for the duration of which the responsibility for custody, control, and supervision of children is vested in SUNY Canton, a College-affiliated organization, or the vendor, licensee, or permittee so approved.  This policy is not applicable to university on-campus childcare centers.

Covered Person:A person who is responsible for the custody, control, or supervision of children participating in the Covered Activity and who is:

1. an employee of SUNY Canton or College-affiliated organization;
2. a SUNY Canton student;
3. a volunteer of SUNY Canton or College-affiliated organization; or
4. a vendor, licensee, permittee, or other person, who is given permission to come onto campus or to use College facilities for Covered Activities; or
5. an employee, agent, or volunteer of d. above.

Child:  An individual under the age of seventeen years, who is participating in a Covered Activity. The term “child” shall not include a matriculated student of the College or a person accepted for matriculation.

Children’s Camp:  A camp defined under New York Public Health Law §1392.

College:Unless otherwise specified, College signifies the State University of New York at Canton (SUNY Canton).

College-affiliated organization: SUNY Canton College Foundation, SUNY Canton Alumni Association, SUNY Canton College Association, or any other entity so designated by the Chancellor of SUNY or President of SUNY Canton.

Physical Abuse: Physical contact with a child by a Covered Person which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting, and burning, or directing a child, outside the norm of the supervised activity, to perform a physical activity which is intended to cause physical injury.

Sexual Abuse: Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child.  Pursuant to the NYS Penal Law Articles 130, 263, and Sections 260.10 and 260.25, sexual offenses include: sexual misconduct, rape, criminal sex acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault against a child, and sexual performance by a child. This also includes Penal Law offenses relating to children including endangering the welfare of a child and unlawfully dealing with a child in the first degree. Sexual performance by a child, as defined by the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing, and all acts as defined by New York State Penal Law Articles 130, 263, and Section 260.10.

Responsible College Official:  The employee of SUNY Canton or College-affiliated organization, who has been designated by the College under Section VI of this Policy.

V. OTHER RELATED INFORMATION

None

VI. PROCEDURES

Prohibited Conduct

A Covered Person shall not:

1. Be alone with a child, unless the Covered Person is a relative or guardian of the child, or unless one-on-one contact is approved in accordance with a determination pursuant to Campus Responsibilities in Section VI of this Policy.  In no event shall a Covered Person, who is not a relative or guardian of a child, be alone with the child in a rest room, locker room, shower, sleeping area, or vehicle.
2. Engage in physical abuse or sexual abuse of a child.
3. Engage in the use of/be under the influence of alcohol or illegal drugs during Covered Activities.
4. Enable, facilitate, or fail to address a child's use of alcohol or illegal/non-prescribed drugs.
5. Contact a child through electronic media, including social media, for the purpose of engaging in any prohibited conduct, including sexual conduct.
6. Offer or make a gift to a child for the purpose of engaging in any prohibited conduct, including sexual conduct.
7. Release a child from a Covered Activity without a written authorization from the child’s parent or guardian, except in the case of a medical emergency.

Required Conduct

A Covered Person shall:

1. Take all reasonable measures to prevent physical and sexual abuse of a child, including immediately removing a child from potential physical abuse, sexual abuse, or prohibited conduct as defined herein.
2. Report immediately any suspected physical abuse or sexual abuse of a child to the SUNY Canton University Police Department ((315) 386-7777). Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred.
3. Comply with the State University of New York’s Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, Document No. 6504, available on the University-Wide Policies and Procedures webpage.
4. Complete all required training developed pursuant to this Policy.
5. Wear and display prominently at all times during the Covered Activity a lanyard or other form of identification that identifies the individual as having the responsibilities of a Covered Person.

Responsible College Official

A Responsible College Official shall:

1. Confirm that the requirements of this Policy have been communicated to Covered Persons (a) – (c) prior to the commencement of a Covered Activity.
2. Confirm that New York Sex Offender Registry and National Sex Offender Public Registry searches (as described in Campus Responsibilities, below) have been obtained and reviewed for Covered Persons (a) – (c) prior to the commencement of a Covered Activity.
3. Confirm that all covered persons have completed the required Child Protection Training (d) – (e) prior to the commencement of a Covered Activity.
4. Immediately report allegations of physical abuse or sexual abuse of a child to the SUNY Canton University Police Department ((315) 386-7777), and complete and provide to the SUNY Canton University Police Department a written report for each allegation of physical abuse or sexual abuse of a child.  Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred.
5. Notify and coordinate with SUNY Canton University Police to ensure that allegations of suspected physical abuse or sexual abuse are investigated and addressed appropriately.
6. Confirm that required training on this Policy has occurred prior to the commencement of a Covered Activity for all Covered Persons who are employees, volunteers, students, or agents of the SUNY Canton or a College-affiliated organization.

Campus Responsibilities

SUNY Canton, with all other SUNY state-operated campuses and under the direction of SUNY System Administration, as well as College-affiliated organizations, shall develop procedures to:

1. Designate a Responsible College Official for each Covered Activity.
2. Determine on a limited basis that the Prohibited Conduct, found above in Section VI of this Policy, which prohibits a Covered Person from being alone with a child, shall not apply to certain Covered Activities when the pedagogical or health-related nature of the Covered Activity requires such one-on-one contact with a child.  Examples may include tutoring; music lessons; speech therapy; and medical, dental, or optical services.
3. Communicate the requirements of this Policy to Covered Persons (a) – (d).
4. By May 15, 2015, and biennially thereafter, provide for and require training on this Policy for all Covered Persons who are employees, volunteers, students, or agents of SUNY Canton College-affiliated organization prior to the commencement of a Covered Activity.
5. Obtain New York (NY) Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons who are employees, volunteers, students, or agents of SUNY Canton or a College-affiliated organization, and complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity.
   1. A search of the NY Sex Offender Registry means:
      • a search of 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 pursuant to NY Correction Law § 168-b for every level of sex offender (Level 1 through Level 3), which requires an email, CD or hard copy submission of names and identifiers to DCJS as described on the DCJS website [url: http://www.criminaljustice.ny.gov/nsor/800info_cdsubmit.htm]; and
      • retention of the records of the results of such search.  Note that an internet search alone will not meet the requirements of this Policy.
   2. A search of the National Sex Offender Public Registry means:
      • a search by first and last name of the National Sex Offender Public Website maintained by the United States Department of Justice at this link:  http://www.nsopw.gov/; and
      • retention of the records of the results of such search. 
   3. Provide for the prompt investigation and preparation of written findings by the SUNY Canton University Police Department of reports of suspected physical abuse or sexual abuse, and if there is reasonable cause to believe a crime has been committed, coordination by the SUNY Canton University Police Department with other law enforcement officials.
   4. Provide a mechanism to report and respond to allegations of retaliation (as described below).
   5. Retain documentation of the search results from the New York and National Sex Offender registries for Covered Persons who are employees, volunteers, students, or agents of SUNY Canton or a College-affiliated organization for six (6) years after the Covered Person has separated from employment.

Third Party Use of College Facilities

The use of College facilities by vendors, licensees, or permittees for commercial and non-commercial Covered Activities shall be accomplished pursuant to a revocable permit via the Office of Special Events (specialevents@canton.edu or (315) 386-7918).  The following minimum terms shall be included in all such revocable permits:

1. A specific definition of the areas accessible to the Covered Activity.  For example, revocable permits for sporting events held on athletic fields should include the athletic field, as well as any ancillary areas or structures where minors will be permitted, such as adjacent grounds, parking lots, rest rooms, locker rooms, accessory structures, etc.
2. A provision requiring insurance coverage in the types and amounts listed below, naming SUNY Canton as an additional insured, and requiring that evidence of such insurance be provided to the College within five (5) business days of execution of the revocable permit or at minimum two weeks (14 days) prior to the scheduled use of College facilities.
   1. General Liability insurance two million dollars ($2,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate;
   2. New York State Workers’ Compensation insurance during the term of the revocable permit for the benefit of permittee’s employees required to be covered under the NYS Workers’ Compensation Law.
   3. For those instances in which a campus believes that the activity is so long or substantial and that the obtaining of such insurance will not unduly preclude beneficial use of the campus’ facilities, the College should require additional insurance in the form of: Sexual Abuse and Molestation insurance, either under the above-described general liability policy or in a separate policy, with coverage not less than one million dollars ($1,000,000).  Any insurance coverage for sexual abuse and molestation insurance written on a claims-made basis shall remain in effect for a minimum of six (6) months following the use of College facilities.
3. If the Covered Activity is a Children’s Camp as defined in Section IV of this Policy, a provision requiring permittee to provide the College with a copy of its camp operator permit issued by the New York State Commissioner of Health, either upon execution of the permit or not later than two weeks (14 days) before the scheduled use of College facilities.
4. A representation and warranty from permittee that for all of its employees and volunteers, and employees and volunteers of its sub-permittees, who shall enter upon College facilities for purposes related to Covered Activity, permittee has conducted within the ninety (90) day period preceding the use of College facilities (i) a search of the NY Sex Offender Registry and (ii) a search of the National Sex Offender Public website.
5. A representation and warranty from permittee that for all Covered Activities: (i) it shall adhere to the American Camp Association standards for minimum staff-to-child supervision ratios, minimum staff age and minimum staff accreditation requirements (available at: http://www.acacamps.org/accreditation/stdsglance) and (ii) that the overall supervisor for each Covered Activity is an adult with certification or documented training and experience in the Covered Activity.
6. A representation and warranty from permittee that any transportation it provides for participating minors to and from the College grounds shall conform to the American Camp Association’s transportation standards (available at: http://www.acacamps.org/accreditation/stdsglance).
7. A provision requiring written acknowledgement from permittee that it has received a copy of the College’s Child Protection Policy and agrees to abide by all of its terms, including its requirement that any suspected physical or sexual abuse will be immediately reported to the SUNY Canton University Police Department.

VII. FORMS

None

VIII. AUTHORITY

This policy was mandated by SUNY System Administration and mirrors the SUNY Child Protection Policy.

IX. HISTORY

None

X. APPENDICES

None

XI. FREQUENCY OF REVIEW AND UPDATE

Policies will have a normal review period of every five (5) years unless required otherwise.

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