Minors on Campus Policy
|Policy Name||Minors on Campus|
|Responsible Vice President:||General Counsel||Adopted:||April 5, 2019|
|Responsible Office or Department:||Diversity, Equity, & Title IX||Reviewed:||April 5, 2019|
Manhattan College (the "College") is a Lasallian Catholic educational institution, deeply committed to engaging in a quality and safe educational environment for all individuals in its community, including its students, faculty, administrators, staff and visitors. This Minors on Campus Policy (the “Policy”) continues in that tradition and serves to ensure that all individuals are welcomed, honored, and respected by the Manhattan College community, including Minors (as defined below).
This Policy provides guidelines for College students, faculty, staff and volunteers that are designed to promote the well-being and security of Minors who come onto the College campus for any reason and/or who participate in off-campus activities that fall under the authority and direction of the College. Specifically, this Policy covers Minors who: (1) are entrusted to the College through programs and activities that the College operates or sponsors, (2) participate in programs or activities that are sponsored through third parties that are operating on campus, and (3) are on campus for any other reason, such as visiting a family member on campus or attending a College event.
Who Should Read the Policy
- All members of the Manhattan College community.
- Legal Guardians of Minors
- Consultants and Independent Contractors
Links and Resources
Employee Handbook (Sections 1.26.1 Employment; Section 8.20 Children in the workplace: https://inside.manhattan.edu/offices/human-resources/employee-handbook.php)
Opt-In Policy for Sensitive Medical Examinations: https://inside.manhattan.edu/student-life/health-services/Opt-In-Policy-Sensitive-Examinations.php)
New York State Mandated Reporter Information: http://www.nysmandatedreporter.org/MandatedReporters.aspx
Terms and Definitions
“Minor” for purposes of this Policy means any person under the age of 18 who is not currently enrolled as a student at the College.
“Authorized Adult” for purposes of this Policy means any individual, paid or unpaid, who supervises, chaperones, accompanies (other than as a parent or legal guardian) or otherwise oversees Minors in program activities, recreational, and/or residential facilities. This includes but is not limited to faculty, staff, administrators, volunteers, graduate and undergraduate students, interns, employees (full-time, part-time, or temporary) and independent contractors.
“Legal Guardian” for purposes of this Policy is any individual, ages 18 and over, who is the parent of, or is assuming guardianship responsibilities of, a Minor who is on campus or participating in a College program/activity.
I. Approval for Programs Involving Minors
All programs involving Minors where the Minor is entrusted to the College through: (1) activities that the College operates or sponsors, or (2) activities that are sponsored through third parties that are operating on campus, must be registered and approved in accordance with the guidelines and deadlines outlined in this Policy. The Minors on Campus Policy Program Approval and Registration Form ("Registration Form") must be completely filled in and turned into the Office of Diversity, Equity and Title IX no later than forty-five (45) days prior to the program start date. The Registration Form must be completed annually and approved by the Office of Diversity, Equity and Title IX prior to the start of the program.
II. Policy Requirements Governing Presence of Minors on Campus
In an effort to promote the well-being and security of Minors on campus, the following rules must be followed:
- Minors must be supervised at all times by either a Legal Guardian or an Authorized Adult while on campus and while participating in off-campus activities sponsored by the College.
- Any Minor who is not accompanied by an Authorized Adult or Legal Guardian must have the written consent of a Legal Guardian to participate in activities taking place at the College or to participate in off-campus activities that fall under the authority and direction of the College. Legal Guardians must complete the Consent, Waiver & Indemnification Form, the Media Consent and Photo Release, and the Medical Information Form prior to the Minor’s participation in College activities.
- Minors are permitted in the general use facilities (Athletic Fields, Public Spaces, Academic Buildings, Food Services Area, etc.) when accompanied by a Legal Guardian or by an Authorized Adult, but may be restricted from certain areas of the facilities or from utilizing certain equipment.
- Even when accompanied by an Authorized Adult or Legal Guardian, Minors participating in a program on College premises are prohibited from laboratories and other areas where significant potential safety hazards and liabilities may exist, and where strict safety precautions are required. NOTE: Exceptions will be made for participants in approved programs with a signed parental waiver.
- Minors or Legal Guardians not meeting relevant College community standards may be asked to leave the campus, may be precluded from participation in a College-sponsored program, and/or may be subject to other appropriate action. Authorized Adults against whom an allegation of inappropriate conduct under this Policy has been made will be precluded from any further participation in any College programs involving Minors until such allegation has been satisfactorily resolved.
- Minors are not allowed in classrooms while classes are in session unless permission is granted by the faculty member having authorized access to the classroom in advance of the start of class. Should a Minor become disruptive, the Minor may be asked to leave the premises.
- With regards to faculty and staff of Manhattan, the presence of children in the workplace with the employee parent during the employee’s workday is inappropriate and is to be avoided except in emergency situations. Please refer to the Employee Handbook for more information.
III. Authorized Adults
A. Rules for Authorized Adults When Working with Minors
Authorized Adults are expected to be positive role models for the Minors. The Minors should be treated in a caring, honest, responsible and respectful manner that is consistent with the mission and values of the Lasallian Catholic tradition. Authorized Adults working in, or with, programs covered by this Policy must conduct themselves in accordance with the following expectations and must avoid conduct that could cause harm to the Minor. The following list is not meant to be exhaustive:
- Authorized Adults must not possess or use any type of weapon or explosive device while in the presence of Minors.
- Authorized Adults must not engage in the use of, or provide Minors with, alcohol, drugs or other illegal substances, or be under the influence of alcohol, drugs or other illegal substances, during programs or activities involving Minors.
- Authorized Adults must not participate in photographing or making videos of Minors other than for program-related purposes. For program-related purposes, photos or videos may be taken only after the Minor’s legal guardian has signed an appropriate waiver.
- Authorized Adults may not release a Minor’s personal contact information to third parties without the written consent of the Minor’s legal guardian.
- Authorized Adults must not use personal vehicles to pick up or drop off Minors participating in a program unless the Minor’s parent or legal guardian has provided written permission.
- Authorized Adults should use good judgment about physical contact with Minors. Avoid contact that may be misinterpreted, and pay attention to the Minor’s reaction to the contact. In all cases, do not touch a Minor against his or her will.
- Authorized Adults must not discipline Minors in any manner involving isolation, humiliation or corporal punishment. Any form of discipline must be constructive and appropriate, given the age of the Minor and the circumstances of the situation.
- Authorized Adults must not engage in abusive behavior or conduct of any kind, either verbal or physical, toward or in the presence of Minors, including bullying and cyberbullying.
- Authorized Adults must not have sustained, regular contact with Minors via social media (for example, should not “friend request” via any social networking website or any other form of online affiliation with a Minor participating in a College program). Although there are many legitimate uses of social media that engage Minors in programs offered through or by the College engaging with Minors via social media can inadvertently expose them to content that is inappropriate and may create relationships, or perceptions of relationships, that are informal.
- Authorized Adults and Minors must wear proper clothing at all times. Nudity or inappropriately revealing attire is never acceptable.
- Authorized Adults may not intrude in situations such as changing clothes, showering or using the restroom, except where health and safety reasons require such intrusion.
- Authorized Adults must not meet with Minors outside of established times for the relevant program or activity. Any exceptions require written parent/legal guardian authorization and must include more than one Authorized Adult from the program.
- Authorized Adults must not invite Minors to their home. Any exceptions require authorization by the Dean, Chair, or Director and written authorization by a parent/legal guardian.
- Authorized Adults must not participate in a sleepover under the auspices of the Program, unless (1) one of the Minor’s parents or legal guardians is present, or (2) one of the Minor’s parents or legal guardians has given written consent, and there is at least one other Authorized Adult present at all times.
- Authorized Adults must not share a bed or sleeping bag with a Minor.
- Authorized Adults must not engage in intimate displays of affection towards others in the presence of Minors.
- Authorized Adults must not engage in sexual, romantic, or intimate activity/language of any kind with Minors.
- Authorized Adults must not engage in making or sending sexually explicit photos or messages (e.g., “sexting”).
B. Background Checks
All Authorized Adults must complete a criminal and sex offender background check. Background checks of Authorized Adults, who continue to work in a capacity where they interact with Minors, must be repeated every three (3) years. If such a background investigation indicates a record of sexually based offenses or crimes against Minors, that Authorized Adult may be excluded from participating in programs and activities involving Minors. If other offenses are revealed by such a background investigation, the relevant College officials will make a determination as to whether or not participation by the Authorized Adult is permissible.
All Authorized Adults must complete appropriate annual mandatory training, complete and return the Authorized Adult Training and Compliance Form.
IV. Additional Requirements and Procedures
All College employees, as well as all Authorized Adults, shall report any known or reasonably suspected abuse of a Minor to the Public Safety Office (718-862-7500 or 718-862-7333), or to the Title IX Office (718-862-7512) as soon as possible, and no later than twenty-four (24) hours upon learning of the abuse. Upon receiving a report, these Offices will contact the 50th precinct of the New York City Police Department and New York State Child Protective Services (800-342-3720).
The College has also provided a mechanism for employees and Authorized Adults to anonymously report any child abuse or sexual misconduct allegations via the Anonymous Reporting Form. Any College employee who fails to report such abuse to one of the above offices shall incur disciplinary action, up to and including termination.
If any College employee or Authorized Adult sees a Minor in imminent danger, he or she should immediately call 911. If it is reasonably believed that the Minor is in need of immediate medical attention, an ambulance shall be called to transport the Minor to a local medical facility. Steps should also be taken to contact a Legal Guardian and return the Minor to the custody and supervision of the appropriate individual.
B. Prohibition of Retaliation
No person who makes a good faith report of suspected abuse of a Minor will be retaliated against in the terms and conditions of their educational program or employment.