Child Protection Policies

Training

Prepared by:

SUNY Office of General Counsel

SUNY Compliance Office 2015

Child Protection Policies Training

Prepared by:

SUNY Office of General Counsel

SUNY Compliance Office 2015

Module 5: Child Protection Policy - Policy Terms Defined

Child Protection Policy

Policy Terms Defined

Child Protection Policies Training

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Child Protection Policy

Policy Terms Defined

• The Child Protection Policy uses VERY specific defined terms.

• Some of the policy’s DEFINED TERMS may differ from campus definitions of the same terms.

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• The policy definitions are the operative definitions for compliance with the policy.

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• [“Definitions” is Section C in the policy]

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 University or a person accepted for matriculation. 

Child Protection Policy

Definition of Child

Child Protection Policy

Definition of “Child”

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Participate in Covered Activity

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But NOT�a matriculated student or

person accepted for matriculation

“Child” for purposes of the Policy

Policy distinguishes among children under 17 based upon their matriculation status as defined in the policy.

• Policy applies to children under 17 participating in a “Covered Activity.”
• Policy does not apply to children under 17 who are “Matriculated.”

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Definition of Matriculation:

• “To enroll as a member of a body and especially of a college or University.”
• For Policy purposes, a “child” is “matriculated” if accepted by the University as a student into an actual college course listed in the college catalog .

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NOTE: Any campus definition of “matriculation” that differs is not applicable to the Child Protection Policy.

Child Protection Policy

Definition of “Child”

Child Protection Policy

Definition of Child

NOT A “CHILD” for purposes of the Policy

=

POLICY NOT APPLICABLE

What does this mean for students under 17?

Accepted by the University

as a student into a

college catalog-listed course

• Matriculate: To enroll as a member of a body and especially of a college or University. Accepted by the University as a student into an actual college course listed in the college catalog.

University-affiliated organization:      The Research Foundation for the State University of New York, campus foundation, campus alumni association, campus auxiliary services corporation, or any other entity so designated by the Chancellor or Campus President.

Child Protection Policy

Definition of “University-Affiliated Organization”

4 Entities are University Affiliates under the policy

Child Protection Policy

Definition of “University-Affiliated Organization”

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Campus Foundations

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Campus Alumni Association

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Campus Auxiliary Services Corp.

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…any other entity so designated by the Chancellor or Campus President

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

(i) an employee of the University or University-affiliated organization;

(ii) a University student;

(iii) a volunteer of the University or University-affiliated organization;� OR

(iv) a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use University facilities for Covered Activities;

OR

(v) an employee, agent or volunteer of (iv) above.

Child Protection Policy

Definition of “Covered Person”

Child Protection Policy

Definition of “Covered Person”

who is also either

(i) an employee of the University or University-affiliated;

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

Covered Person

(ii) a University student;

(iii) a volunteer of the University or University-affiliated organization;

(v) an employee, agent or volunteer of (iv) above.

(iv) a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use University facilities for Covered Activities;

OR

OR

Covered Activity: A program or activity sponsored or approved by the University or a University-affiliated organization, or an activity conducted by a vendor, licensee or permittee (Third Party) for which a license or permit for use of University 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 the University, University-affiliated organization or the vendor, licensee or permittee so approved. 

Child Protection Policy

Definition of “Covered Activity”

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Child Protection Policy

Definition of “Covered Activity”

An activity is only “covered” if it meets the 2-part Policy definition:

(1) it is sponsored or approved by University, University-affiliated organization, or by vendor, licensee or permittee, to whom a permit for use of University facilities has been issued;

AND

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(2) for the duration of the activity, custody, control and supervision of children is vested in the University, the University-affiliated organization or the approved vendor, licensee or permittee.

Child Protection Policy

Covered Activity Test

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Activity/ Program Involving Children

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University or a University-affiliate defined in the policy as:

1. Research Foundation
2. Campus foundation
3. Campus alumni association
4. Campus auxiliary services corporation
5. Any other entity so designated by the Chancellor or Campus President

Third Party:

• Vendor
• Licensee
• Permittee
• Employees and volunteers of vendors, licensees and permittees

SPONSORED/ APPROVED by

Overall responsibility for custody, control and supervision of children

Overall responsibility for custody, control and supervision of children

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COVERED ACTIVITY

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COVERED ACTIVITY

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Child Protection Policy

Covered Activity Test

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• Parent or legal guardian has placed the child in the care of the University, University affiliate or third party for a duration of time and for a specific covered activity.

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• The University/ affiliate/ third party is exercising its own authority to guide, manage and supervise the child, in the place of the parent or legal guardian.

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Custody, Control and Supervision

Child Protection Policy

Covered Activity Decision Tree

Are participants “children” under the Policy definition?

under 17 and not matriculated students under policy definition

(a) sponsored or approved by

• University; OR
• University-affiliated organization; OR
• Vendor – Licensee - Permittee for which a license or permit for�use of University facilities has been approved; AND

occurring on or off campus.

(b) for the duration of the activity, custody, control and supervision of children is vested in the University, University affiliate or the approved vendor, licensee or permittee.

YES

YES

COVERED ACTIVITY

�POLICY

NOT APPLICABLE

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NO

YES

NO

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NO

Child Protection Policy

“Covered Activity” Definition

Examples of Custody, Control and Supervision

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Children attending a sporting event with a parent/ guardian?

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🡪 NO, because Custody, Control and Supervision remains with the parent/guardian.

Custody, Control and Supervision Threshold

Child Protection Policy

“Covered Activity” Definition

Children attending a University sponsored event with their parent/ guardian?

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🡪 NO, because Custody, Control and Supervision threshold not met; parents retain responsibility

Custody, Control and Supervision Threshold

Child Protection Policy

“Covered Activity” Definition

Children attending a sports camp, where they are transported to campus by bus?

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🡪 YES, at sports camp, Custody, Control and Supervision of the child has been transferred to the camp operator.

Custody, Control and Supervision Threshold

Child Protection Policy

The Child Protection Policy is not applicable to University on-campus child care centers.

Exception to “Covered Activity” Definition

Daycare providers are heavily regulated by State law. Many campuses have local policies and procedures for daycare centers.

In writing procedures to implement the Child Protection Policy, campuses should consider whether to coordinate/integrate any related local policies and procedural requirements.

Child Protection Policy

Covered Activity Review

Are participants “children” under the Policy definition?

under 17 and not matriculated students under policy definition

(a) sponsored or approved by

• University; OR
• University-affiliated organization; OR
• Vendor – Licensee - Permittee for which a license or permit for�use of University facilities has been approved; AND

occurring on or off campus.

(b) for the duration of the activity, custody, control and supervision of children is vested in the University, University affiliate or the approved vendor, licensee or permittee.

YES

YES

COVERED ACTIVITY

�POLICY

NOT APPLICABLE

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NO

YES

NO

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NO

Child Protection Policies Training

Prepared by:

SUNY Office of General Counsel

SUNY Compliance Office 2015

END

Module 5: Child Protection Policy - Policy Terms Defined