Procedure for Minors On Campus Policy (1023)
Effective Date: N/A
The University considers these procedures to be the minimum requirements needed to protect minors while they participate in a Program. In some circumstances, higher levels of protection may be needed. Program Sponsors are responsible for instituting additional protections when a Program warrants.
SUPERVISION OF MINORS
Program Sponsors must ensure that minors are adequately supervised at all times while they are participating in a Program(s).
Minimum Number of Supervisors
All Programs involving minors must be supervised by two or more authorized adults or by the minor’s Guardian. If a Program is conducted in a public or open area where group members are visible to others outside the group, it may be acceptable to have a single authorized adult supervise.
Adequate Supervision
Program Sponsors must follow any applicable laws, consider all relevant circumstances (age, group size, staff experience levels, etc.) and the following guidelines provided by the American Camp Association (“ACA”) when determining if a program is adequately supervised.
ACA Residential Camp Standards:
- Ages 4-5: One staff member for every five participants
- Ages 6-8: One staff member for every six participants
- Ages 9-14: One staff member for every eight participants
- Ages 15-17: One staff member for every ten participants
ACA Day Camp Standards:
- Ages 4-5: One staff member for every six participants
- Ages 6-8: One staff member for every eight participants
- Ages 9-14: One staff member for every ten participants
- Ages 15-17: One staff member for every twelve participants
These guidelines do not cover every situation and must be adapted to fit the individual needs of each program.
Facilities Access
Supervised minors are permitted in all University General Use Facilities unless such space has been reserved for use by another group, restricting public access.
AUTHORIZED ADULTS
Training
Program Sponsors for University Sponsored Programs must ensure that all Authorized Adults are appropriately trained prior to the start of the Program and provide, at a minimum, annual refresher training. University Sponsored Programs which include overnight stays must include information regarding rules related to University Housing.
Prohibitions
Authorized Adults supervising minors in programs covered by this procedure may not:
- Have one-on-one contact, including electronic contact, (including through social media) with minors unless the contact has a specific educational or program related purpose, and such contact has been pre-approved by the Guardian. Any electronic contact with a minor must include either the minor’s Guardian or an Authorized Adult on the communication;
- Give a minor an Authorized Adult’s home or cell phone number without written permission of the minor’s Guardian;
- Take pictures of a minor except as part of the official pictures for the Program and only when their Guardian has signed the appropriate waiver;
- Enter a minor’s room, bathroom, changing area, shower, or other similar area without another Authorized Adult present unless an emergency to the health and safety of the minor warrants such;
- Share sleeping quarters with minors;
- Share bathrooms, locker rooms, or showers with minors unless the same facility must be used and it is possible without having one-on-one contact with minors;
- Abuse minors in any way or engage in abusive conduct in the presence of minors;
- Strike, hit, or touch a minor in any way that could be reasonably interpreted as inappropriate or illegal;
- Allow minors to engage in abusive or illegal conduct either on their own or with the aid of an adult or another minor;
- Pick up or drop off minors at their homes or other locations except for educational or program related purposes and when specifically authorized to do so by the minor’s Guardian in writing;
- Use alcohol or illegal drugs while supervising minors;
- Provide alcohol or drugs (including illegal drugs and unauthorized prescription or over-the-counter medications) to any minor;
- View, listen to, or otherwise use sexually explicit material in any form in the presence of minors or assist minors to access these materials;
- Make sexually suggestive comments or innuendo; and
- Share gossip or inappropriate personal information with minors.
Accessing Emergency Care
All Authorized Adults must know how to request local emergency services, how to report suspected child abuse, and how to contact a minor’s Guardian in the event of an emergency.
Reporting
If an Authorized Adult knows or reasonably suspects a child is being abused or neglected, the University encourages them to call the Montana Department of Child and Family Services at 1-866-820-5437 (Available 24/7). In addition, some Authorized Adults, when, because of their position in a Program, knows or reasonably suspects child abuse or neglect, may be required to report under Montana law. All Authorized Adults must be aware of any legal responsibility they have in this regard.
Title IX Reporting
Program Sponsors and any Authorized Adult whose duties in their Program include ability to enforce a Program’s code of conduct, must report any suspected violation of the University’s prohibition on sexual harassment and sexual assault, as outlined in the University’s Discrimination, Harassment and Retaliation Policy must report such to the University’s Office of Equal Opportunity and Title IX at 406-243-5710 or EOAA@UMontana.edu. Programs Sponsors and Authorized Adults are also highly encouraged to report any other suspected violations of the University’s Discrimination, Harassment, and Retaliation policy to the University’s Office of Equal Opportunity and Title IX as well.
Clery Reporting
Program Sponsors and any Authorized Adult who have significant responsibilities for the Program’s activities must complete Campus Security Authority (CSA) training and report any suspected Clery crimes to the University’s Clery Compliance Professional.
Internal Reporting
All incidents and accidents that result in a minor receiving medical care above and beyond first-aid treatment must be reported to the UM’s Office of Risk Management at 406-243-2700 or jason.sloat@mso.umt.edu. This includes, but is not limited to, any incidents that result in a minor being transported to a clinic or hospital due to injury. This Risk Management reporting requirement also includes serious or prolonged behavioral or conflict-related incidents between minors, or between an adult and a minor. Judgement will be necessary in determining which incidents must be reported. For example, typical adolescent arguments, disagreements, or complaints that are resolved relatively quickly do not need to be reported to Risk Management. More serious incidents, such as physical altercations that result in injury, incidents that result in a minor being removed from campus, or incidents that result in sustained parental intervention should be reported.
Allegations Against Authorized Adults
If an allegation of serious misconduct, or a violation of Section 3.2 of this procedure, is made against an Authorized Adult in a University sponsored Program, that allegation must immediately be reported the University’s Office of Equal Opportunity and Title IX via phone (406-243-5710), email (eoaa@mso.umt.edu), or the online reporting system ().The University, in its discretion, may require that the Authorized Adult be immediately removed from the Program. When such a removal occurs, the individual may only resume participation in their respective Program(s) with written authorization from the University.
PROGRAM SPONSORS
Required Forms
Program Sponsors for University Sponsored Programs must obtain signed copies of the necessary medical forms and other consent and release forms required for each program and listed in the Appendix of this policy for each minor participating in the program. Minors may not participate until these forms have been given to the Program Sponsor. Forms must be maintained for 6 years after the current fiscal year that the form was received.
Program Codes of Conduct
Program Sponsors for University Programs must develop a Code of Conduct including the rules and possible disciplinary measures that apply to minors participating in their program. Written or electronic copies of this Code of Conduct must be provided to, then signed by each minor and their guardian.
Program Sponsors for University Programs must develop a Code of Conduct including the rules and possible disciplinary measures that apply to authorized adults participating in their program. Written or electronic copies of this Code must be provided to, then signed by each authorized adult.
Program Sponsors for all Programs must require Authorized Adults and participants to follow all relevant University policies and procedures. The University highly recommends that all Programs create a Code of Conduct for their staff and adult participants.
Program Registration
Program Sponsors must register their Program with the University prior to the start of the Program. Programs may not be held without the appropriate registration, approval, and completion of any other requirements contained in this policy and procedures. Failure to follow this procedure may result in a temporary or permanent cancellation of the unregistered program.
Risk Mitigation
Program Sponsors must create a risk mitigation plan which includes creation of protocols regarding how to manage adverse incidents which Programs may encounter, such as medical events, environmental risks and active shooters. University Sponsored Programs which include activities with heightened risk, should consider having their risk management plans reviewed by the University’s Office of Risk Management.
Program Sponsors of University Sponsored Programs must also create an Assumption of Risk document which outlines the risks associated with participating in their particular program. Program Sponsors must obtain signed copies of such forms for each minor prior to the minor’s participation in the University Sponsored Program. These forms must be maintained for 6 years after the current fiscal year that the form was received.
Release of Minors
Program Sponsors must inform Guardians that minors will only be released to an persons that have been specifically authorized by the Guardian who has confirmed their identity with an Authorized Adult of the Program. Minors who are of driving age and drive themselves to their Program may be released on their own when such arrangement has been previously approved by their Guardian. Additionally, Program Sponsors must establish a process for the handling of minors when an Authorized Adult does not arrive to pick up their minor participant.
COMMUNICATION
Communication Procedure
Prior to the start of the Program, the Program Sponsor of a University Sponsored Program must distribute a copy of the University’s authorized procedure for notifying minor participants’ parents in case of emergency. Once obtained, written or electronic copies of the procedure must be distributed to all Authorized Adults before the start of that Program.
Participant Directory
Program Sponsors must maintain a directory containing the names and contact information of all participants and Authorized adults, as well as the contact information for each minor’s parent.
The Program Sponsor must collect and maintain the directory. These forms must be maintained for 6 years after the current fiscal year that the form was received.
Communication with Parents
Program Sponsors must provide each minor’s Guardian with instructions on how to contact their minor while participating in the program. Program Sponsors must also give guardians information explaining how that guardian may report concerns about a Program, Authorized Adult and/or suspected violations of this procedure, or any other applicable University policy or procedure to the University.
MEDICATION, MEDICAL TREATMENT, AND EMERGENCY SERVICES
On-Site Medical Care
Program Sponsors must have basic first aid kits readily available for use during their Program.
Dispensing Medication
Authorized Adults may only administer or allow a minor to self-administer medication when use of such medication has been authorized, in writing, by the minor’s Guardian, unless an emergency situation dictates otherwise. The written authorization must include the child’s name, date or dates for which the authorization is applicable, dosage instructions, and signature of the minor’s guardian.
Each minor’s medication (both prescription and over the counter) must be kept in the original container with the pharmacy or manufacturer’s label attached. If this is not possible, the medication must be kept in a child-proof container bearing the Guardian’s signature and labelled with the minor’s name, name of the medication, and dosage and timing instructions. Authorized Adults may not distribute unidentifiable medication from unlabeled containers.
Medication Storage
All medications must be kept in a secure location that is inaccessible to minors and other unauthorized individuals, unless an exception contained in section 6.4 applies.
Self-Administering Medication
Upon pre-approved written authorization from their Guardian, a minors may keep a physician prescribed self-administration device, such as an epinephrine autoinjector, asthma inhaler, or blood glucose monitors and testing supplies, with them during the Program. Minors may also keep other medications with them if it is medically necessary, when such has been authorized by the Program Sponsor and the minor’s Guardian in writing. Authorized Adults may not seize these devices or medications as a disciplinary measure and may only seize them if the minor is using the device or medication in a manner which jeopardizes their own health and safety or the health and safety of those around them. Any authorizations pursuant to this section must also outline how such medication/device will be kept and maintained during the Program.
BACKGROUND CHECKS
Right to Require Background Checks
The University reserves the right to require background checks for any Authorized Adults. Subsequent background checks may be performed if deemed necessary. Program Sponsors should ensure that all Authorized Adults for the Program are subject to a criminal background check each year prior to their participation in the Program. The University reserves the right to remove any Authorized Adult from a University Sponsored Program or from the University’s campus when a background check presents a safety concern.
Rights of the Screened Individual
If a background check is conducted, reports must be given to each screened individual at their request. If the results of a background check are requested, the individual must also be given instructions on how to dispute the accuracy of the information found in the report.
Scope of Background Checks and Confidentiality
Background checks conducted under these procedures will be used for safety purposes and in accordance with the accompany notice provided at the time of the background check.
Fraud or Deception
The University reserves the right to take appropriate action against any Authorized Adult who has falsified or failed to disclose material information related to their fitness to serve as an authorized adult.