Youth Protection and Compliance

Policy Number

771

Policy Purpose

Responsible UW-Whitewater Office

Definitions

Policy and Procedures

1. Scope and Institutional Responsibilities
   The scope is limited to youth participants in covered activities. The policy only applies to events which are targeted towards youth participants in covered activities. Activities that are exempt from this policy include:
   1. Events open to the general public,
   2. For-credit courses,
   3. Medical care provided to minors in in-patient or out-patient settings,
   4. Institutional Review Board-approved research,
   5. Daycare and preschool services operating under the direction of a licensed daycare or healthcare provider,
   6. Private Events, or
   7. Minors participating in pre-enrollment visitation or recruiting activities governed by the NCAA.

   At UW-Whitewater, Pre-enrollment visitation includes Admitted Student Days, Preview Days, Group and Daily Campus tours operated through the UW-Whitewater Admissions Office & UW- Whitewater First Year Experience

2. Background
   UW-Whitewater recognizes its fundamental responsibility for protecting the minors placed in its care and the value of identifying a multifaceted framework for youth protection. In alignment with Wisconsin Executive Order 54, this policy expands on the UW System’s efforts to provide safe and positive experiences for youth participants in covered activities. This policy also meets the requirements contained in Regent Policy Document 23-3, Youth Protection, Compliance, and Data Collection, which was approved on February 11, 2022.
3. Covered Activity Registration
   1. UW-Whitewater requires an annual registration for all covered activities (with the exception of those held by third parties). The follow information is required to be collected through the office of Continuing Education Services (CES):
      1. Date(s) and time(s) of covered activity
      2. Primary contact for covered activity
      3. Authorized adults: names, contact information, screening, training
   2. Covered activities for which UW-Whitewater provides custodial care must require registration of youth participants. Registration information collected must include:
      1. Name
      2. Contact information, including emergency contact information
   3. UW-Whitewater designates Continuing Education Services (CES) as the entity responsible for oversight of covered activities with access to third party contracts for covered activities.
4. Screening
   1. Criminal background checks (CBC) are required to be completed on all Authorized Adults meeting minimum standards outlined in Regent Policy Document 20-19 for Positions of Trust (POT) with access to vulnerable populations. Continuing Education Services (CES) will work with Human Resources to implement a procedure that ensures all authorized adults will have a completed CBC before these adults are allowed to work with youth at a covered activity. CBC results will be reviewed by Human Resources staff, consulting with UW-W Police Services. Human Resources staff will inform CES on whether employment/volunteer status should be denied for any covered activities.
   2. The following implementation of reference checks for designated individuals who are not employees is deferred until an adequate tool is in place to meet this requirement. UW-Whitewater requires all authorized adults who are identified as employees and all designated individuals serving in covered activities through which the institution offers custodial care, regardless of employment status, be screened through a reference check process in alignment with the minimum standards found in UW System Administrative Policy 1275, Recruitment Policies. Persons previously approved to serve as authorized adults or designated individuals without an interruption of service would be exempt from this requirement.
   3. The Human Resources and Diversity Unit is designated as the retainer of documentation of screening results at UW-Whitewater.
5. Training
   1. UW-Whitewater will train all authorized adults on the following content, at minimum, prior to interaction with youth participants in covered activities:
      1. Reporting Responsibilities, including EO54 Mandated Reporting and sexual harassment/sexual violence reporting
   2. UW-Whitewater will train designated individuals on the following content, at minimum, prior to interaction with youth participants in covered activities:
      1. Institutional youth protection best practices; and
      2. Reporting responsibilities, including EO54 Mandated Reporting and sexual harassment/sexual violence reporting
   3. UW-Whitewater may require additional training based on the individual’s role or level of risk associated with the covered activity (e.g., duration of program, type of activities) and applicable legal requirements.
6. Prohibited Behaviors
   The following behaviors are prohibited at UW-Whitewater covered events including, but not limited to:
   1. Conduct that violates the law (e.g., child abuse, child sexual abuse, protected class discrimination, emotional abuse, hazing, indecent exposure, child pornography, neglect, physical abuse, sexual abuse, and sexual harassment);
   2. Conduct that violates UW System policies;
   3. Actions that are found to constitute bullying or grooming;
   4. Infringement on privacy of youth participants in situations where they are changing clothes or taking showers except in situations when a health or safety exception is necessary and appropriate;
   5. Adults showering, bathing, or undressing with or in the presence of youth participants;
   6. Photographing or recording in shower houses, restrooms, or other areas where privacy is expected by participants; and
   7. Use of alcohol when engaged in covered activities.

   All Authorized Adults will have an annually signed agreement on file with the Continuing Education Services unit that indicates that they agree to not engage in any of the listed prohibited activities.

7. Measures to Maintain adequate Supervision of Youth Participants
   1. UW-Whitewater requires that all supervision ratios in all covered activities – for which the institution provides custodial care of youth participants meet the minimum standards set through ATCP 78, with the exception of classroom settings, which allow for a 1:18 Adult to Youth Participant ratio. A minimum of two adults is required for all field trips. Designated individual status is required for all adults serving in supervision ratios.
   2. UW Whitewater prohibits one-on-one interactions between adults and youth participants, unless the adult is a designated individual in a setting where one-on-one instruction occurs. In such settings, activities must be observable and interruptible.
   3. Continuing Education Services and the Youth Protection Compliance Specialist are designated to review and approve requests to grant exceptions. For emergency situations and familial relationships, prior permission for one-on-one interaction is not needed.
   4. UW-Whitewater requires that supervision ratios in covered activities meet the minimum standards set in the covered activity supervision ratio below. Designated individual status is required for all adults serving in supervision ratios.

   Grade or Age Group	Covered Activity Situation	Ratios (Designated Individuals: Youth Participants)
   Ages 3-4	Non-residential	1:4
   Ages 4-5	Non-residential	1:6
   Ages 5-6	Non-residential	1:10
   Ages6 & Under	Residential	1:4
   2nd – 8th grade (over age 6)	Classroom setting	1:10
   9th – 12th grade	Classroom setting	1:18
   2nd – 12th grade (over age 6)	Field trip	1:10 (minimum 2 adults)
   	Water Activities & Recreational Sports	1:10
   	Non-residential & Residential	1:10

8. Overnight Covered Activities
   1. Designated individual status is required to directly supervise youth in overnight covered activities.
   2. Designated individuals must not enter the youth participant’s room, bathroom facility, or similar area without another designated individual in attendance except in emergency situations.
   3. Designated individuals may not share a bed or sleeping bag with a youth participant during overnight covered activities.
9. Recruiting Activities Governed by the NCAA

   The Assistant Athletic Director for Compliance at UW-Whitewater is authorized to carry out responsibilities necessary to ensure all procedures and documentation are met for recruiting activities governed by the NCAA or other relevant governing bodies. This policy shall be informed and comply with youth protection requirements set by the NCAA and any other relevant governing bodies.

10. Emergency Preparedness

    All covered activities are required to document minimum emergency preparedness protocols based on the covered activity’s level of risk and as advised by UW-Whitewater’s Risk Management Director or other relevant stakeholders.

11. Insurance Coverage

    Covered activities are required to be covered by Camps and Clinics blanket accident insurance when it applies to the covered activity or other coverages as advised by UW-Whitewater’s Risk Management Director.

12. Reporting Obligations
    1. All adults covered under this policy are required to monitor all violations of this policy and report according to UW-Whitewater procedures, relevant policy, or applicable law. This includes, but is not limited to requiring reporting of:
       1. Any suspected physical abuse, neglect, or sexual abuse of a minor pursuant to the Institution’s EO54 reporting procedures.
       2. Sexual harassment or sexual violence defined by UW-Whitewater’s Title IX Policy
       3. Incidents resulting in serious physical harm requiring professional medical attention
       4. Incidents of illegal or unauthorized drug use
13. Escalation Plan
    1. Below is the UW-Whitewater Escalation Plan to guide decision-making around incidents that violate Institutional policy or trigger a reporting obligation as defined in Reporting Obligations. The following individuals should be notified in order:
    2. Youth participants and family members will be informed in pre-camp information that they can report any youth protection policy concerns or violations to the camp director, police, or Director of Camps and Conferences.

    Person responsible	Action	Triggers when
    1. Event Director/Camp Director	Contacts Director of Camps/Conferences and university police (if a mandatory reporting situation)	Any suspected violation of Youth Protection policies
    2. Director of Camps and Conferences/Continuing Education Services	Contacts Dean of School of Graduate Studies & Continuing Education. Confirms if university police were notified. Contacts university police about the situation if not notified	Report from event director of a Youth Protection policy violation
    3. UW-Whitewater Police Services	Implements appropriate actions to ensure safety of youth Coordinates with County Health & Human Services	Report of youth protection violation is received
    4. Dean of Graduate Studies & Continuing Education	Notifies Provost and Vice Chancellor for Administrative Affairs of incident
    5. Risk/Safety	Determines if any action related to risk management need to be taken	Notified by VC Admin Affairs Notified by VC Admin Affairs
    6. Human Resources	Determines if any personnel action should be recommended	Notified by VC Admin Affairs
    7. Vice Chancellor for Finance and Administrative Affairs	Determines whether Human Responses or Risk/Safety need to be informed and brought into the situation Notifies chancellor of situation	Once contacted by Dean of School of Graduate Studies & Continuing Education
    8. Chancellor	Determines appropriate actions	Notified by Vice Chancellor of Administrative Affairs

14. Retaliation
    1. UW-Whitewater prohibits retaliatory actions against:
       1. Anyone acting in good faith to report a concern about possible violations of Institutional policy,
       2. Individuals involved in investigating or responding to concerns, and
       3. Anyone involved in enforcement of youth protection policy.
15. Consequences for Noncompliance

    Violations of this policy and/or associated policies, protocols, or procedures may lead adults covered by this policy to be subject to disciplinary action, including removal from the role or authorization to work with minors, in accordance with UW-Whitewater policies and procedures

16. Contracts with Third Parties

    UW-Whitewater requires third parties engaged in covered activities to sign a contract that includes, at minimum, the following:

    1. Clearly allocate responsibility for risks posed by the covered activity to the third party.
    2. Clearly state that third parties are responsible for completing criminal background checks of all authorized adults prior, in alignment with Regent Policy Document 20-19, University of Wisconsin Criminal Background Check Policy prior to the commencement of the covered activities.
    3. State that third parties engaged in covered activities meet the minimum requirements outlined.
       1. Training
          Authorized adults for third party covered activities shall be trained on the same reporting obligations assigned to UW System employees under Executive Order #54 and in relation to sexual harassment/ sexual violence.
       2. Additional Training
          Third parties may require additional training based on the individual’s role or level of risk associated with the covered activity (e.g., duration of program, type of activities) and applicable legal requirements.
       3. Prohibited Behaviors
          Third parties must prohibit behaviors that include, but are not limited to, the following:
          1. Conduct that violates the law (e.g., child abuse, child sexual abuse, protected class discrimination, emotional abuse, hazing, indecent exposure, child pornography, neglect, physical abuse, sexual abuse, and sexual harassment);
          2. Actions that are found to constitute bullying or grooming;
          3. Infringement on privacy of youth participants in situations where they are changing clothes or taking showers except in situations where health and safety require;
          4. Adults showering, bathing, or undressing with or in the presence of youth participants;
          5. Photographing or recording in shower houses, restrooms, or other areas where privacy is expected by participants; and
          6. Use of alcohol when engaged in covered activities.
       4. Supervision Ratios
          Third Parties must require that supervision ratios in covered activities meet the minimum standards set through ATCP 78, with the exception of classroom settings, which allow for a 1:18 Adult to Youth Participant ratio. A minimum of two adults is required for all field trips.
       5. One-on-One Interactions
          Third parties must prohibit one-on-one interactions between adults and youth participants, unless the adult is in a setting where one-on-one instruction occurs. In such settings, activities must be observable and interruptible. Exceptions can also be made where a familial relationship exists and in emergency situations.
       6. Overnight Covered Activities
          Third parties with overnight covered activities must designate staff (paid or unpaid) for the supervision of youth participants overnight and include the following requirements.
          1. Third party staff must not enter the youth participant’s room, bathroom facility, or similar area without another staff except in emergency situations
          2. Third party must procure adequate sleeping space so that staff (paid or unpaid) are not sharing sleeping quarters with youth participants during overnight covered activities.
       7. NCAA and Other Governing Authorities
          Third parties shall comply with youth protection requirements set by the NCAA and any other relevant governing bodies for recruiting activities.
       8. Emergency Preparedness
          Third parties must document minimum emergency preparedness protocols based on the covered activity’s level of risk and as advised by UW-Whitewater’s Risk Management Director or other relevant Institution stakeholders.
       9. Insurance
          Third parties must have insurance or other appropriate liability insurance as applicable and approved by UW-Whitewater’s Risk Management Director.
       10. Monitoring and Reporting
           Third parties must require all covered activities youth serving staff (paid or unpaid) to monitor and report according to applicable law. Reporting must include, but is not limited to requiring all adults covered under this policy to report:
           1. Any suspected physical abuse, neglect, or sexual abuse of a minor in alignment with Wisconsin Executive Order #54,
           2. Sexual harassment or sexual violence as defined by the UW-Whitewater Title IX policy
           3. Incidents resulting in serious harm requiring professional medical attention; and
           4. Incidents of illegal or unauthorized drug use.
           5. Third Parties shall report incidents involving sexual abuse, sexual harassment, sexual violence and serious harm requiring professional medical attention to the institution in accordance with the institution’s escalation plan.
           6. Registration
              Third parties taking custodial care must have a registration process for covered activities. For covered activities the following registration information, at a minimum, must be collected:
              1. Date(s)/time(s) of covered activity
              2. Primary contact for covered activity
              3. Staff (Paid or unpaid): Names, contact information, screening, training d. Participant registration information collected must include:
                 1. Name
                 2. Contact information, including emergency contact information
           7. Non-Custodial Care Registration
              For third-party covered activities in which custodial care is not taken the following registration process at minimum must collect the following:
              1. Date(s)/time(s) of covered activity
              2. Primary contact for covered activity
       11. Inform third parties that all requirements for covered activities are subject to audits and or request(s) and may occur at any time within seven (7) years.
    4. Data Retention
       Covered activities are required to store protected health information and other confidential and sensitive data according to Regent Policy Document 25-5.

    Related Policies

    UW System Administrative Policy 625, Youth Protection and Compliance
    Wis.Stat.48.981(2)(a)
    Wis.Admin.Code Ch. ATCP 78 (2020)
    2011 Executive Order #54 Relating to Supplemental Mandatory Reporting Requirements of Child Abuse and Neglect
    UW-Whitewater Mandatory Reporting of Child Abuse and Neglect
    UW-Whitewater Sexual Violence and Sexual Harassment
    RPD 20-19, University of Wisconsin System Criminal Background Check Policy
    RPD 20-22, Code of Ethics
    RPD 25-5, Information Technology: Information Security
    RPD 23-2, Health, Safety, and Security at UW System Institutions
    UW System Risk Management Manual, Camps and Clinics Blanket Accident Insurance UW System Administration Internal Policy HR-8, Policy for Children in the Workplace Title IX of the Education Amendments Act of 1972 [20 U.S.C. 1681]

    Policy History

    Revision 1: 2/14/2023
    Effective Date: March 1, 2023
    Implementation of the reference check requirement for designated individuals who are not employees in Section 4.B is deferred until an adequate tool is in place to meet this requirement

    Scheduled Review

    March 2025