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Protection of Minors on Campus Policy 613.00

Protection of Minors on Campus Policy 613.00
Johnson County Community College
Series: 600 Safety and Security
Section: Campus Community Safety, Wellness and Continuity

Applicability: This Policy applies to persons responsible for the custody, control and supervision of Minors participating in Covered Activities offered by Johnson County Community College (“JCCC” or the “College”) or sponsored by Third Parties on College property.

Purpose: The purpose of this Policy is to promote the safety and welfare of Minors participating in Covered Activities sponsored by the College or by Third Parties on College property by establishing standards, obligations and expectations for the adults who work with Minors in Covered Activities.

Definitions:

“Abuse” means physical, mental or emotional abuse, sexual abuse or neglect, as those terms are defined in K.S.A. 38-2202.

“Child” or “Children” means a person or persons under the age of 18 years.

“Covered Activity” means a program or activity covered by this Policy that is intended primarily for unaccompanied Children and is sponsored by the College or is conducted on campus by a Third Party in conjunction with a written agreement with the College. A program or activity is a “Covered Activity” if the College or Third Party affirmatively accepts responsibility for custody, control and supervision of the Minors for the duration of the program or activity. Acceptance of such responsibility occurs only if a Child is registered for the program or activity by a parent or guardian and only while the Child is present at the program or activity. Examples of situations that are not Covered Activities include:

  1. Events that are open to the general public, such as concerts, athletic events, exhibitions and festivals. At such events, Children are reasonably expected to be accompanied and supervised by parents or legal guardians, and their presence without parents or guardians does not transfer custody, control and supervision to the College or the Third Party sponsoring the event.
  2. Field trips where Children are brought onto College property by a school or other organization and the representatives of those schools or organizations are expected to retain responsibility for custody, control and supervision of the Children.
  3. College credit courses.
  4. Johnson County Adult Education classes.
  5. College Continuing Education classes, except that classes intended primarily for Children, including but not limited to Drivers Education and Youth Enrichment Program classes, are Covered Activities.
  6. The Hiersteiner Childhood Development Center.
  7. Children accompanying personnel or visitors for a reason other than a Covered Activity.
  8. Campus visits and tours by prospective students.
  9. Any other visit by Children to College property in which custody, control and supervision is not expressly vested in the College or a Third Party as stated in this definition.

“Custody, Control and Supervision” means authority to guide, manage and supervise a Child, which remains vested in a parent or legal guardian unless delegated to the College or Third Party for a duration of time and for a specific Covered Activity, during which the College or Third Party is exercising its own authority to guide, manage and supervise the Minor. Transfer of custody, control and supervision is evidenced by the registration and presence of a Child in a Covered Activity.

“Minor” means a person under the age of 18 years who is participating in a Covered Activity.

“Responsible Adult” means a person over the age of 18 years who is responsible for the custody, control and supervision of Minors participating in a Covered Activity and is an employee of the College, a person volunteering at the College pursuant to the Volunteer Policy 440.00, or an employee, agent or volunteer of a Third Party that has a written agreement with the College to conduct Covered Activities on College property.

“Third Party” means a person or organization independent from the College.

Statement:

All persons interacting with Children on campus are expected to abide by all federal and state laws and regulations concerning the protection of Children. College employees who are Responsible Adults shall comply with this Policy and additional standards or procedures for working with Minors set by a College department or program. Third Parties are subject to this Policy and additional standards or procedures specified by the College in a written agreement.

Persons who violate this Policy may, as appropriate, be referred to legal authorities. College employees who violate this Policy are subject to discipline up to termination under the Suspension, Demotion and Termination Policy 415.08, and volunteers who violate this Policy may have their service with the College discontinued. Third Parties who violate this Policy will be subject to the terms and conditions of the written agreement with the College.

I. Required Conduct
  1. A College employee who is planning a program or activity intended primarily for unaccompanied Children shall notify the Executive Director of Mission Continuity and Risk Management prior to promoting the activity.
  2. A Responsible Adult shall:
    1. Follow all written College policies and operating procedures and internal policies, procedures or standards specified by the department or program.
    2. Immediately report to the College Police Department if, in connection with a Covered Activity, the Responsible Adult witnesses or has reasonable cause to suspect Abuse of a Minor. Other reporting requirements not addressed in this Policy may apply, such as the obligation of mandated reporters under Kansas law to report to the Kansas Department for Children and Families when they have reason to suspect that a minor Child has been harmed by physical, mental or emotional abuse or neglect or sexual abuse.
    3. Responsible Adults who are employees or volunteers of the College shall successfully complete a criminal background check as required by the Criminal Background Check Policy 413.03 or Volunteers Policy 440.00, as applicable, and complete and follow all training for Responsible Adults designed to prevent the Abuse of a Minor as required by the College’s Executive Director of Mission Continuity and Risk Management. Both shall be completed at a frequency specified by the Executive Director of Mission Continuity and Risk Management.
    4. Prior to engagement with Minors in a Covered Activity, Responsible Adults who are employees, agents or volunteers of a Third Party shall complete criminal background checks and training designed to prevent the Abuse of a Minor as set out in the written agreement with the College. The relevant terms and conditions of the written agreement shall be reviewed and approved by the College’s Executive Director of Mission Continuity and Risk Management.
  3. The Executive Director of Mission Continuity and Risk Management or designee shall:
    1. Establish procedures for College employees to notify Risk Management of programs or activities intended primarily for unaccompanied Children and for Risk Management to periodically survey College departments to identify programs or activities that may be Covered Activities.
    2. Confirm that Covered Activities follow the requirements of this Policy and any Risk Management or program procedures, including the requirement that background checks and training required by this Policy have occurred for all Responsible Adults prior to their first involvement in a Covered Activity.

II. Prohibited Conduct

In connection with a Covered Activity, a Responsible Adult shall not:

  1. Be alone with a Minor, unless the Responsible Adult is a relative or guardian of the Minor or one-on-one interaction has been determined by the supervisory College employee to be appropriate for the Covered Activity. Even approved one-on-one interactions should adhere to training principles to ensure protection of Minors.
  2. Engage in, or attempt to engage in, Abuse of a Minor.
  3. Engage in, or attempt to engage in, any behavior with a Minor that is prohibited by Chapter 21 of the Kansas Statutes Annotated.
  4. Contact a Minor through any means, including social media, for the purpose of engaging in sexual conversation, sexual conduct or any other prohibited conduct.

III. Retaliation

Retaliatory action against anyone who, acting in good faith, has reported alleged Abuse in accordance with this Policy, or has been involved in investigating or responding to allegations of Abuse, or has reported a failure to comply with this Policy, is prohibited. Complaints of retaliation will be addressed in accordance with the Employee Discrimination, Harassment or Retaliation Policy 420.00 or the Student Discrimination, Harassment or Retaliation Policy 319.05, as appropriate.

IV. Third Party Use of College Facilities

Any Third Party that wishes to operate Covered Activities on College property must register with the Executive Director of Mission Continuity and Risk Management and have a written agreement with the College that includes, but is not limited to, requirements for appropriate insurance coverage and assurances that its employees, volunteers or agents who interact with Minors on College property have received proper training, have successfully completed background checks, will adhere to incident response and reporting requirements and supervision ratios and will comply with College policies and operating procedures.

Date of Adoption: 03/21/2024
Revised: