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Minors on Campus;Some Words of Wisdom

FOA March 12, 2014Costa Mesa, CA

Zachary Gifford, AIC, ARMAssociate Director – Systemwide Risk Management

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What We Will Cover in 45 MinutesWhy is the topic important?PoliciesGood PracticesBackground ChecksCreating a Culture of SafetyRisk Management & AssessmentQ & A

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Why Is This Important? There is a moral obligation

The Scope & Effects of the Issue are ACUTE!The fact is there are predators amongst usMassive Financial & Reputational Risk

Archdiocese, LAUSD, Penn State, etc.

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Campus & Program Specific PolicySome Campus Policy Elements

Employee GuidelinesHigh risk area access limitations:

Labs, shops, studios, power-plants, food prep, etc.Student GuidelinesVisitor GuidelinesEvents Guidelines

Campus-wide policy provides the minimum requirements/guidelines, supports a culture of good practices, awareness and is the umbrella over program-specific policies and practices.

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We Have a Campus Policy…Why is there a need for a program specific policy?

Thinking holistically, one realizes that each program can be unique with its own array of risks, locations, missions, target audience/participants etc.

The specific policy needs to fit the program – it is not a one-size fits all proposition.

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Elements of a Program-Specific PolicySpecific needs of the program need to be addressed.Screening Process

Who has access? It is okay to opt out. Assess risk• Training and compliance review/tracking• Safety needs Supervision• Develop system for reporting and responding

Proactive – Written – Assess – Specificity –Culture of Safety

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Specific Good Practices to Include in a PolicyRespect the “bubble”No adult alone with minorNo showering, touching,

undressing, booze, drugs, inappropriate humor etc.

If escorting minor to restroom, check the room for safety & then allow minor in by themselves.

No giftsNo 1 adult – 1 minor in a

vehicle

No contact w/ minor outside the program

No overnight visitsKeep rooms open and

visible to passers-byNo locked doorsNo datingNo candid shots via

smartphones etc.

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Background ChecksHR 2005-10 “Background Checks”HR 2008-25 “Background Checks Update: CSU Employees

Working at Sport Camps & Clinics”HR 2012-04 “Background Checks Update: Criminal

Records Checks for CSU Bargaining Unity Employees Working at Camps & Clinics in which Minor Children Participate”

If in doubt, check with HR and/or Campus Counsel

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Background Checks – Third Party ProviderThese are providers who operate a University program, in

association operate a program with the University or operates their own on-campus program.

Require that they conduct background checks on their employees and volunteers. Provide them “pass” requirements – we don’t need to see

the report – just make it clear that the onus is on them. Good related practices; require they provide proof their

employees & volunteers have been trained re: abuse prevention, recognition and reporting requirements.

Must at a minimum adhere to University policy/requirements

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A Word About Mandatory Reporting of child Abuse and Neglect

The California Child Abuse and Neglect Reporting Act is intended to protect children from abuse and neglect. Executive Order 1083 became CSU policy on January 1, 2013. Executive Order 1083 outlines the responsibilities of a mandated reporter and states the procedures for filing a report of child abuse and neglect as follows: • All CSU employees are designated mandated reporters of child abuse or neglect and as such are required to complete the "Acknowledgement of Mandated reporter Status and Legal Duty to Report Child Abuse and Neglect" (Attachment A) and send the original document to HR Services. • As a designated mandated reporter, whenever an employee, in his/her professional capacity or within the course of his/her employment, has knowledge of or reasonably suspects child abuse or neglect has occurred, the employee must report the incident. • Reporting via phone to Nathan Johnson, Chief law Enforcement Officer must be done immediately or as soon as practically possible. Chief Johnson can be reached at 562-951-4054. • After making the phone report to The Chief Law Enforcement Officer, within 36 hours of coming into information regarding a suspected abuse or neglect incident, the employee must complete and submit Attachment D of Executive Order 1083 to the Chief law Enforcement Officer. • Mandatory Training on the Child Abuse and Neglect Act will be provided to all employees, and all employees will be required to complete and submit to HR Services, Attachment B "Certificate of Training Completion"

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Creating a Culture of SafetyPut on your Madison Avenue hat and market, market,

market!Market the stake-holders and the “boots on the ground”Must Have An Acute, Substantive and Visible Commitment

From the Top Brass of the Organization• Train, train and then retrain….• Blow-up Silos – it is not one person, one department…• Risk Management, Compliance/Audit, HR, OGC, Public Safety,

Athletics, Auxiliaries, etc.

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Managing the Risk – Good PracticesIdentify the legal duties you owe to minorsIdentify where and how many minors are on campus

Gallagher Higher Education Practice : Managing the Risk of Minors on Campus

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The previous chart becomes this…following analysis:

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Analyze the RiskWho or what is an exposure?

Employees, contractors, volunteersAdult studentsRegistered sex offenders…be it student or employeeStudent placement locations Child Care Services, Summer programs/camps, authorized

contractors on programs with minorsOwnership of eventsFacility risksSupervision resources…what is the minor to adult ratio?Regulatory risk – mandated reporters, etc. Etc……(evaluate “frequency & severity” factors)

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Risk MitigationOnce the risks have been understood and evaluated, look

toward how best to effectively manage the risk, i.e. avoidance, prevention, reduction, risk transfer duplication

and segregation of (personnel) assets. (as to minors on campus – have enough supervision, cross-training,

collaboration, non-silo culture)

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Implement Policies & PracticesAnalyzing the Risk Leads one to Develop and Implement

Practices, Policies & Procedures

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AssessmentDo not rest on your laurels and once a policy, practice and procedure are completed your endeavor is not done – do

not stick it on a shelf.

• Develop and cultivate the positive culture• Train, evaluate, update, evolve• Keep marketing and keep the stake-holders engaged

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The Bottom LineIt is not about dollars.

It is about kids.What are your expectations of organizations as to your kids,

your nieces, nephews, grandchildren?

The Risk CAN BE MITIGATED!It is up to you & your organization.

We Are All Risk Managers.

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Questions?