Minors on Campus

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Updated September 2022

New York Institute of Technology values the health, safety, and well-being of minors and is committed to providing a safe environment for minors on campus and who participate in NYIT programs. In keeping with this value and to fulfill this commitment, NYIT has adopted a Minors on Campus Policy ("Policy"). This policy applies to all members of the NYIT community and all offices, departments, and units of NYIT. Failure to comply may lead to disciplinary action, up to and including dismissal, and revocation of the opportunity to use NYIT property or facilities. All camps, events, programs, activities, and services that are intended for minors and that take place on campus, or under the supervision of NYIT, whether on or off campus, ("Programs") are subject to this policy. For purposes of this policy, a minor is a person, other than a student in a degree program, who is less than 18 years of age.

Program Procedures

The individual that is responsible for a Program ("Program Director"), or his or her designee, shall notify the Office of General Counsel as soon in the planning process as possible, but at least 30 days before the start of the Program. This notification shall include, at a minimum, the following information:

The Office of General Counsel, in consultation with the Director of Compliance and/or the Risk Manager will assist in coordinating the appropriate health, permission, and disclosure forms, provided that in all cases the Program Director shall collect a media consent form, a behavioral standards from, a medical history (including allergy needs if any) and a consent to treat form. In the event that third party program operators or vendors are involved, the Office of General Counsel will also draft agreements ensuring that the third parties comply with NYIT's Minors on Campus Policy and all applicable laws and regulations.

Background Checks

Program Directors must ensure that all applicable faculty and academic staff, staff, students, volunteers, or other personnel who could conceivably be alone with minors have been subject to a criminal background check or sex offender registry check within the last three years. Program Directors shall budget the appropriate amount of funds in their programs for the cost of criminal background checks for staff and faculty. For students and volunteers, Program Directors are responsible for verifying those individuals against the New York State Division of Criminal Justice Services Sex Offender Registry (or the Arkansas Crime Information Center as appropriate). To do so, Program Directors should collect names and dates of birth from each student and/or volunteer and follow the following procedure:

On the Program Director's NYIT letterhead, provide a table of names and dates of birth addressed to the following address: New York State Division of Criminal Justice Services, Sex Offender Registry, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210 (the "submission"). Fax the submission to 518-485-5805. The Program Director's name, address, telephone and fax number should be clearly indicated on the submission. Once a response is received from the Division of Criminal Justice Services, the Program Director shall consult with the Office of General Counsel in the event that the Registry indicates a match with an individual on the submission. In the event that there are no matches, the Program Director shall maintain the submission and response from the Division of Criminal Justice Services in his/her file for 7 years.

For Arkansas programs and events, Program Directors shall utilize the following website to check student or volunteer sex offender status: https://www.ark.org/offender-search/index.php. The Program Director shall consult with the Office of General Counsel in the event that the Arkansas Crime Information Center Registry indicates a match with an individual on the submission. In the event that there are no matches, the Program Director shall maintain the Arkansas Crime Information Center Registry search in his/her file for 7 years.

Criminal Background checks or sex offender registry checks as appropriate must be repeated at least every three years thereafter. Individual programs or units may require more frequent updates.

Program Directors may not allow the participation in the program of any academic, faculty, staff, hourly employee, student, volunteer or other personnel whose criminal background check and/or sex offender registry check includes a record of sexually based offenses or crimes against children. If criminal background checks include a record of other offenses, programs should consult the Office of General Counsel to determine if those offenses should preclude participation.

In the event that there are programs for which complete background checks are infeasible (for example, certain foreign country events), Program Directors must perform checks to the fullest extent feasible and adopt other measures to prevent child abuse and facilitate the reporting of abuse.

Programs that are occasional events for which a large number of volunteers are essential, may elect to adopt measures and safeguards instead of background checks for the one-time volunteers. The measures adopted must include requirements that the volunteers be working in public places, not alone with children, and be supervised by a background-checked person. Programs must compile the names and addresses of the volunteers prior to the event and check the names against the sex offender registry. Volunteers must then present photo identification to be checked at the event.

Responsibility

Any member of the NYIT community shall report a concern if he or she knows or reasonably suspects that a child has been abused or maltreated.

Although some NYIT employees, as mandated reporters, are required by New York State law to report suspected child abuse and maltreatment, all of the NYIT community is expected to adhere to these guidelines to ensure that we protect minors who are on our campus or participating in NYIT programs and activities.

Mandated reporters are required to report cases of suspected child abuse and maltreatment under New York State Law and include physicians, registered nurses, social workers, and mental health professionals, among others. Mandated reporters should utilize the following hotline: 800-635-1522. Additional information is available as follows: https://www1.nyc.gov/site/acs/child-welfare/how-to-make-report.page.

If a non-mandated reporter suspects or has reason to believe that a child has been abused or neglected, or if a child confides that they have been abused or neglected, you must take the following steps:

You are also strongly encouraged to notify the appropriate Program Director.

Resolution

In addition to external law enforcement or child services agency actions, complaints or reports under this policy will be addressed by NYIT in accordance with existing policies and contracts applicable to the individual and/or program at issue. If the complaint includes allegations of sexual misconduct, domestic violence, dating violence, or stalking, the matter will be addressed in accordance with NYIT's Gender Based Misconduct Policy (as applicable).

Insurance

It is the policy of NYIT that all third-party groups or entities that are accompanied by minors on NYIT campuses, or third-party vendors that may be working with minors pursuant to an agreement with NYIT, carry sexual abuse and molestation insurance coverage in an amount of no less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate.

Definitions

"Child Abuse" is defined as inflicting or allowing to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ (this includes abuse that can be characterized as sexual in nature).

"Child Neglect" is defined as a child whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his or her care to exercise a minimum degree of care.

"Abused Child" includes a child whose parent or other person legally responsible for his or her care commits or allows to be committed, an act of sexual abuse against such child as defined by the NY State penal law.

"Mandated Reporters" in New York are: Social Workers, Teachers and other school personnel, physicians and other health-care workers, mental health professionals, child care providers, medical examiners, coroners, law enforcement officers. (SOCIAL SERVICES LAW SECTION 371)

Contacts

Required Forms

Parents/guardians of participating minors must complete the following forms and submit them to the program administrator:

View information and forms specific to minors (high school student interns) assisting with research activities from the Institutional Review Board.

Online Programming Policy Addendum

Background Checks

NYIT faculty and staff who run an online program for minors must successfully complete a criminal background check. Those completing background checks will need access to a printer, internet connection, and a way to return documents electronically (by scanning or sending a photo of a signed form). Please contact Human Resources to begin the process or ask questions.

Setting up an Online Program

Online programs should utilize NYIT-approved software, such as Zoom. Zoom has also created some guidance for the K–12 environment. Please contact the Center for Teaching and Learning with any questions.

Program administrators must be NYIT faculty or staff and must use their NYIT credentials at all times.

Safe Contact and Privacy Rules

The following safety rules apply to online programs for minors:

Recording of Online Sessions

Reporting Concerns

The procedures for reporting abuse or maltreatment remain the same for online programs.

Disability Accommodations

Participants who need to request disability accommodations should contact their program administrator.