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Section 1: Definitions
Section 2: Accountability
Section 3: Applicability
Section 4: Scope
Section 5: Guidelines for Interacting with Minors
Section 6: Enforcement
Section 7: Policy Implementation and Modification
Section 8: Exhibit(s)
Appendix A
Appendix B
Appendix C
Appendix D
________________________________________________________________________________________________
PURPOSE: Scripps College (“Scripps” or the “College”) strives to maintain a safe environment and is committed to the protection of all members of its community, including children. There are two over-arching and equally important aims of this “Policy on Activities relating to Minors” (“Policy”). The first is to foster the safety and well-being of minors who are involved in College-run or Affiliated Programs or Activities (see Section 1: Definitions) and in so doing to help make their experiences with the College community rewarding and enriching. The second is to protect College faculty, students, staff and volunteers by developing a set of guidelines and procedures that promote sound, common-sense judgment, consistency and uniformity, transparency, and care with respect to interactions with minors.
Section 1: Definitions (in alphabetical order) (Defined terms appear in capital letters throughout the Policy.)
“College Facilities” means facilities owned by, or under the control of, the College.
“College-run or Affiliated Programs or Activities” or “Programs/Activities” mean programs or activities that Scripps College operates or sponsors, using College Facilities or off-campus, that involve Minors. This definition includes, for example, activities occurring as part of course requirements. Exempt from this definition are chaperoned visits to campus by Minors or groups of minors regardless of whether they are arranged with the assistance of Scripps faculty, staff or students and regardless of whether members of the Scripps community interact with the Minors while they are on campus.
“Covered Third-Party Use” means third-parties renting, leasing or otherwise using College Facilities to operate programs or activities for the primary benefit of minors (for example, a sports camp or an arts education program for children, as opposed to a wedding or other social event where Children may be present).
“Mandated Reporters” are persons required by law to report known or suspected abuse or neglect relating to children to appropriate social service or law enforcement agencies. Under California law, the following categories of individuals are among those included in the definition of mandated reporters: school officials and educators, employees whose duties require direct contact and supervision of persons under the age of 18, child care and children’s activity providers, or medical and mental health professionals. Under this Policy, all Supervising Adults are Mandated Reporters. Other Covered Adults are not Mandated Reporters.
“Minor” or “Child” or “Children” refer to a person under the age of eighteen (18) who is not enrolled or accepted for enrollment at the College or another institution in the Claremont University Consortium (CUC).
“Other Covered Adult” is an individual who a) is age 18 or older; b) is a Scripps faculty, staff, student, or volunteer or who is affiliated with a third-party engaged in Covered Third-Party Use; and c) does not supervise or chaperone minors but whose job or volunteer responsibilities involve interacting with Minors, even if on an intermittent basis. Examples (for illustrative purposes only):
- Admission staff are Other Covered Adults because their job responsibilities involve periodic interactions with minors, though not in a supervisory capacity.
- Volunteer interviewers and overnight hosts and student tour guides are Other Covered Adults.
- Facilities and food service staff are not Other Covered Adults even if they serve food to Minors or otherwise interact with Minors on College Facilities from time to time.
- A faculty member giving a guest lecture to minors as part of a summer educational program is not an Other Covered Adult.
- Faculty members whose interactions with Minors are limited to meeting with prospective students are not Other Covered Adults.
“Program/Activity Director” means the person responsible for directing and/or organizing and/or administering the College-run or Affiliated Program or Activity. Depending on the nature of the Program/Activity, this person may or may not have a formal title with respect to the project.
“Supervising Adult” is an individual who is a) age 18 or older; b) a Scripps faculty, staff, student, or volunteer or who is affiliated with a third-party engaged in Covered Third-Party Use; and c) paid or unpaid to supervise or chaperone Minors in Programs/Activities, including activities undertaken as part of the requirements for an academic course. The Supervising Adults’ roles may include, but are not limited to, positions as instructors, mentors, tutors, and coaches. For example, all SCA permanent or temporary faculty and staff are Supervising Adults. Faculty organizing course requirements involving minors are Supervising Adults.
Section 2 - Accountability: The Human Resources Department (HR) is responsible for administering this Policy. However, in order for HR to carry out this responsibility effectively, all Scripps College faculty, students, and staff are responsible for reviewing, understanding and complying with this policy and, quite importantly, with communicating with HR about new and recurring College-run or Affiliated Programs or Activities as set forth in Section 5(A) below.
Section 3 - Applicability: The following individuals or entities are subject to this policy:
- Scripps College faculty, staff and students
- Keck Sciences faculty and non-Scripps faculty, students and staff (for example, from elsewhere in the Consortium) if they are being compensated by the College to participate in College-run or Affiliated Programs or Activities
- Volunteers to the extent they meet the definition of Supervising Adult or Other Covered Adult
- Third-parties renting, leasing or otherwise using College Facilities for a Covered Third-Party Use
Section 4: Scope: This policy and its appendices establish guidelines, rules and procedures for the treatment of and interactions with Minors who are participating in College-run or Affiliated Programs or Activities.
The following situations ARE NOT within the scope of this policy:
- Interactions between faculty, staff and others with students admitted or enrolled at Scripps or another college in the Consortium who are under 18 are not covered by this policy.
- Supervision of Minors who are involved in College research. This situation is addressed by Institutional Review Board processes.
- General public events where parents or guardians are expected to provide supervision of Minors.
- Activities undertaken in connection with off-campus internships (paid or unpaid), summer employment, or volunteer experiences even if they were secured with the aid of the College. Instead, participating students are subject the policies and procedures of the outside organization.
- Activities undertaken as part of off-campus study. Instead, participating students are subject to the policies and procedures of the organization administering the program.\
- Activities undertaken in one’s personal capacity, in other words, unrelated to one’s status as a member of the College’s faculty, staff or student body (for example, coaching Little League or volunteering at an animal shelter may be unrelated to one’s status as a member of the Scripps community).
Section 5: Guidelines for Interacting with Minors
Section 5(A): Notification of Participation in College-run or Affiliated Programs or Activities
Communication with HR about the existence and nature of College-run or Affiliated Programs or Activities is essential to carrying out the aims of this policy. Such communication will allow HR to work with the Program/Activity Director or participants to take appropriate steps to protect everyone involved in the Program/Activity in accord with this Policy. Such steps may include but are not limited to ensuring that proper parental permission forms, media releases, emergency contact information, medical treatment authorization forms, background checks, etc. are in place. Therefore, Program/Activity Directors or participants, as applicable, must take the following steps:
- Whether or not the Program/Activity is taking place on or off campus, the Program/Activity Director shall notify HR at ScrippsHR@scrippscollege.edu at least 15 business days before the start of the activity using the “Informational Form: Programs/Activities Involving Minors” available at https://inside.scrippscollege.edu/hr/staff-forms (A sample of the form is attached for illustrative purposes only at Appendix A.) Note:
This requirement applies to Programs/Activities that are part of academic courses, in which case the faculty member is the Program/Activity Director responsible for filling out the form.
This requirement applies to recurring Programs/Activities (for example, a camp that occurs every summer), however, the Program/Activity Director should consult with the Director of HR to determine the most efficient way to provide updated information.
- Covered Third-Party Use: The Scripps employee responsible for coordinating a Covered Third-Party Use must submit the form along with a draft of the contract with the third-party to the Vice President & Secretary of the Board for review, copied to the Director of HR. The VP will insert appropriate language in the contract regarding compliance with this policy.
Section 5(B): Certification and Training
All Scripps Employees: Following the effective date of this Policy, all new Scripps College employees, regardless of whether they will interact with Minors as part of their employment, will receive a copy of this Policy as part of the onboarding process and will be required to certify that s/he has reviewed and understood it. Individuals who qualify as Supervising Adults or Other Covered Adults shall be required to sign the Certification as set forth below.
Supervising Adults: Because of their unique role with respect to Programs/Activities involving Minors, Supervising Adults, prior to participating in a Program/Activity, all Supervising Adults must take the following steps.
- Review this policy;
- Review the information in Appendix B of this Policy, “Interacting with Minors:Information for Supervising or Other Covered Adults participating in College-run or Affiliated Programs or Activities.”
- Review the information in Appendix C of this Policy, “Signs of Abuse and Neglect”
- Review and sign the Certification acknowledging that you have reviewed and understood the information in the Policy and appendices and will comply with any reporting obligations. The Certification is available at https://inside.scrippscollege.edu/hr/staff-forms(A sample for illustrative purposes only is available at Appendix D.)Note:
- Programs/Activities (excluding course activities): The Program/Activity Director is responsible for collecting the certifications from all Supervising Adults participating in the Program/Activity and submitting them to HR via email to ScrippsHR@scrippscollege.com no later than seven (7) business days before the start of the Program/Activity. The general rule is that certifications are required for each discrete Program/Activity and on a recurring basis if a Program/Activity happens each year. However, for Programs/Activities with ongoing and regular activities, the Program/Activity Director should consult with the Director of HR to determine whether repeat certifications are necessary.
- Course Activities: If the Program/Activity is part of a course, students are not required to sign a Certification. Instead, the Program/Activity Director (faculty member) shall submit a Certification acknowledging that s/he has, prior to the start of the Program/Activity: a) required students to read this Policy; and b) reviewed the Policy in class, including how it applies to the Program/Activity, and provided an opportunity for discussion. (The Director of HR is available to lead or participate in this discussion if requested by the faculty member.)
- Comply with any additional requirements that relate to a particular program or activity as directed by HR (for example, additional training such as an on-line training module).
Other Covered Adults: Other Covered Adults will be required to sign the Certification acknowledging that they have reviewed and understood the information in the Policy and appendices and to comply with any additional requirements as directed by HR.
In addition the Vice President (or her/his designee) shall, on an annual basis, provide an opportunity for Other Covered Adults to review and re-familiarize themselves with the Policy (for example, by including this Policy as an agenda item for a staff meeting or in a packet of materials for volunteer interviewers). (For the avoidance of doubt, should an Other Covered Adult become a Supervising Adult, s/he must fulfill all requirements applicable to Supervising Adults.)
Section 5(C): Criminal Background and Sex Offender Registry Checks
Criminal Background Checks
Supervising Adults and Other Covered Adults: All Supervising Adults, with the exceptions noted below, are required to undergo a criminal background check. Most Scripps College faculty, staff, and student workers will have already undergone such a check at the time of hire. Any Supervising Adult or Other Covered Adult who has not previously undergone a criminal background check shall undergo such a check. Such Adults have an obligation to immediately disclose any new felony or misdemeanor convictions to the Director of HR.
Exceptions to Background Check Requirement: Students participating in Programs/Activities as part of course work; student/faculty volunteers from other colleges participating in Programs/Activities; volunteer overnight prospective student hosts; volunteer prospective student interviewers.
Sex Offender Registry Checks
Supervising Adults: All Supervising Adults, with the exception of students participating in Programs/Activities as part of course work, will undergo a sex offender (aka “Megan’s Law”) registry check prior to participating in a covered program and, if such participation is ongoing, annually thereafter.
Other Covered Adults: Other Covered Adults who are not otherwise subject to Scripps College’s background check requirement (for example, volunteers) shall undergo a Megan’s Law check. All Other Covered Adults shall undergo a Megan’s Law check every five (5) years.
An adverse result in a background or Megan’s Law check will not automatically disqualify someone from participating in College-run or Affiliated Programs or Activities. Rather, Human Resources will analyze in conjunction with supervisor to evaluate whether the background will exclude them from participating in the College-run or Affiliated Programs
Section 5(D): Procedures for Addressing and Reporting Potential Harm to Minors
Emergencies
In case of an emergency involving a child, immediately call 911. Immediately thereafter notify Campus Safety at 909-621-8170 or 909-607-2000, your supervisor, and the Director of HR.
Mandated Reporting of Known or Suspected Abuse or Neglect of Minors
Under California law, Mandated Reporters have an individual legal obligation to report known or, if there is a reasonable basis, suspected abuse or neglect relating to children. Under this Policy, Supervising Adults are Mandated Reporters. Other Covered Adults are not.
A reasonable basis for a report of suspected abuse or neglect may be founded on information confided in the Mandated Reporter by the Minor or someone else about the Child or her or his own observations. Actual evidence of abuse is not necessary to trigger this requirement. No one should investigate the matter on his or her own. Any doubt about whether or not to report should be resolved in favor of making the report to ensure that appropriate child protective services are engaged to assess the situation and evaluate the safety of the child.
Accordingly, if you are a Mandated Reporter and know of or suspect abuse or neglect of a Minor, you must follow these procedures. (Direct any questions about whether you are a Mandated Reporter to the Director of HR.)
- Immediately contact the Program/Activity Director (assuming such person is not implicated in the allegations, in which case contact the Director of HR). The Program/Activity Director shall, in turn, immediately notify the Director of HR (or, if the Director of HR is implicated, the Vice President/Secretary of the Board) and the Vice President responsible for his/her department. The Director of HR will coordinate appropriate next steps, which will include the following as required by law:
- The immediate report by the Mandated Reporter to the local county child protective or law enforcement agency. In Los Angeles County the initial report may be made by calling the Los Angeles County Department of Children and Family Services’ 24 hour Child Protection Hotline at (800) 540-4000, or directly to a police or sheriff’s station.
- The submission of the required follow-up written report by the Mandated Reporter (by mail, fax, or other electronic means) within 36 hours of making the initial report.
You are not prohibited from making a report if you are not a Mandated Reporter. If you would like to make a report, contact the Director of HR with your suspicions or beliefs. The Director of HR will, in turn, take appropriate steps to address the situation. If the Director of HR is implicated in the allegations, instead contact the Vice President and Secretary of the Board.
Section 6: Enforcement
Sanctions for violating this policy will depend on the circumstances and nature of the violation, but may include the full range of available sanctions applicable to the individual such as suspension, termination, and exclusion from campus. The College may take interim measures before determining whether a violation has occurred. The College may terminate relationships or take other appropriate actions against third-parties that violate this policy.
Section 7: Policy Implementation and Modification
If you have any questions about the interpretation or application of this Policy, contact the Director of HR. The Director of HR will review the Policy annually and make any necessary updates to the Information Form (Appendix A), the Signs of Abuse and Neglect (Appendix B), and the Certification forms (Appendix C). The Director of HR shall recommend modifications to any other sections of the Policy to Senior Staff as necessary, including to reflect changes in the law or standards relating to the protection of minors, or College processes.
Section 8: Exhibit(s)
Appendix A: “Sample: Informational Form-Programs/Activities Involving Minors”; Appendix B: Interacting with Minors: Information for Supervising or Other Covered Adults participating in Programs/Activities involving Minors; Appendix C: Signs of Child Abuse and Neglect; Appendix D: Sample Certification for Supervising and Other Covered Adults
Appendix A
Note: This sample is for illustrative purpose only. To access the most up-to-date version of this form, please go to https://inside.scrippscollege.edu/hr/staff-forms .
Sample: Informational Form-Programs/Activities Involving Minors
Instructions:
- The Program/Activity Director is responsible for filling out this form. This includes faculty directing Programs/Activities as part of course work.
- Please submit this form to HR at ScrippsHR@scrippscollege.com at least 15 business days before the start of the Program/Activity involving minors.
- If you have any questions about this form, including how it applies to recurring Programs/Activities, please contact the Director of HR 909-67-7976 or jberklas@scrippscollege.edu.
Name/title/email:
Name of Program/Activity:
Describe your role in the Program/Activity:
General Description of Program/Activity:
Program/Activity Dates (note if Program/Activity is ongoing or recurs annually):
Program/Activity Venue:
Age of Minor Participants (give range if applicable):
Is there an overnight component to the Program/Activity? ____ Yes ____ No. If yes, please describe.
Identify all others who will be involved in the Program/Activity, including whether they will be paid or unpaid and nature of role. For example: Anne Smith, Scripps student, paid, tutor; John Seymour, Scripps faculty, paid, instructor; Isabelle Sherman, CMC student, volunteer, mentor.
Will Scripps be responsible for driving participating Minors to/from the Program/Activity or to/from field trips or other program activities? _____ Yes ____ No. If yes, please describe.
Appendix B
Interacting with Minors: Information for Supervising or Other Covered Adults participating in Programs/Activities involving Minors
If you are working with minors, you have a key role to play in maintaining their safety and well-being and in helping to make the activity in which they are participating a rewarding and enriching experience. The College adopted its Policy on Activities Relating to Minors to foster this goal and equally importantly to protect College faculty, students, staff and volunteers by developing a set of guidelines and procedures that promote sound, common-sense judgment, consistency and uniformity, transparency, and care with respect to interactions with minors.
Supervising and Other Covered Adults (as defined in the Policy) must observe the following common-sense “dos” and “don’ts.” They are meant to help the College community adhere to a core set of standards when working with minors including maintaining appropriate physical and emotional boundaries; treating all children fairly and consistently; and demonstrating respect for their overarching welfare.
Do:
- Listen to and interact with minors and provide appropriate praise and positive reinforcement.
- Maintain discipline and discourage inappropriate behavior by minors, consulting with supervisors as needed for help.
- Make every effort to avoid unnecessary one-on-one interactions with minors and interaction with minors in enclosed spaces or behind closed doors. If such interactions are necessary (such as tutoring, advising, private lessons or other academic support), it is best to hold such sessions in a public place; in a room where the interaction can be observed; or in room with the door left open and another staff member notified of the meeting. Please note that this does not mean you cannot take a child aside for a brief confidential discussion of a matter such as their behavior.
- Be aware of how your actions and intentions might be perceived and could be misinterpreted, keeping in mind that physical contact with children can be misconstrued not only by the recipient but also by others observing it and that different people have a different sense of personal space. For example, while some contact such as patting a child on the back or gently touching her/his arm to get attention may be appropriate, you should not touch a children against their will or engage in highly physical contact such as picking them up, giving them back rubs, or tickling or roughhousing.
- Again because actions can be misinterpreted, avoid initiating hugs and limit hugging if at all possible. If hugging cannot be avoided, use good judgment to limit the risk your actions will be misconstrued.
- Use discretion and consider the age of the child when communicating with her/him. This includes communicating with children in a manner that is consistent with your position as role model, including avoiding sharing information about your private life, discussing intimate matters with children such as relationships or sexual orientation, relating to minors as if they were peers, or taking on the role of “confidant.”
- Use good judgment when accompanying young children on a bathroom trip, including not going into the stall with a child. Best practice is to bring more than one child at a time to the bathroom, but if that is not possible, maintain an appropriate distance from the stall.
- Use good judgment when approaching or interacting with children via email or texting or on social networks, keeping in mind that it is generally good practice to avoid doing so at all outside of providing necessary information about the program. If you believe, however, that engaging in such interactions is necessary to advance academic, educational or other programmatic goals, then use common sense in doing so – for example, if possible, include another adult in the communication, make sure the educational or programmatic purpose of your communication is clear, and avoid ongoing interaction after the program is over.
- If you will be driving minors, familiarize yourself with relevant safety laws.
- Consult with supervisors, program/activity directors or colleagues if you feel uncertain about how to handle a situation.
Don’t:
- Spend significant time alone with just one minor outside of a group setting.
- Engage in inappropriate touching (including striking or hitting a minor) or have any physical contact with a minor in private locations.
- Berate, intimidate, or belittle a child.
- Do special favors for a minor or otherwise engage in conduct that could be perceived as favoring one child over another.
- Give personal gifts. Whenever possible, also do not accept personal gifts. If rejecting a personal gift is not possible, be thoughtful about handling the situation – for example, if feasible consider sharing the gift with your colleagues or informing your supervisor.
- Provide alcohol, cigarettes or drugs to minors or use them in the presence of minors.
- Take pictures of children for personal use. If you have or are provided with pictures of children in your charge, do not distribute them, including on social networking sites.
- Use inappropriate language, tell risqué jokes, or make sexually suggestive comments (even if minors themselves are doing so).
- Make sexual materials available to minors.
- Date or become romantically or sexually involved with a minor.
- Scripps College Academy Only: Guidance for Residence Hall/Overnight Programs
- Do not be alone with a child in her or his room or in the staff member’s room.
- Do not sleep in a child’s room or allow a child to sleep in your room.
- Staff members are strongly discouraged from bringing visitors or guests to their rooms.
- Use discretion when changing your clothes around children by making every effort to change in an area away from children.
- Always have another staff member with you when you are supervising while children are showering, changing or using the bathroom.
Appendix C
Signs of Child Abuse and Neglect
Source: Los Angeles County Department of Children and Family Services, website, www.lacdcfs.org
“What are the common signs of child abuse?
REPEATED INJURIES: Bruises, welts, burns. Parents may seem unconcerned, deny that anything is wrong, or give unlikely explanations for the injuries.
NEGLECTED APPEARANCE: Children often are badly nourished, inadequately clothed, are left alone or are wandering at all hours, always seem as if nobody cares. (Sometimes, though, over-neatness may be a sign of abuse.)
DISRUPTIVE BEHAVIOR: Very aggressive, negative behavior constantly repeated can signal a desperate need for attention and help.
PASSIVE WITHDRAWN BEHAVIOR: When children are excessively shy and friendless, it may indicate that there are serious problems at home.
PARENTS WHO ARE “SUPER-CRITICAL”: Parents who discipline their children frequently and severely may begin to abuse them when their unrealistic standards are not met.
FAMILIES THAT ARE EXTREMELY ISOLATED: Parents who don’t share in school or community activities and resent friendly contacts may be distrustful of people, afraid of their help. Use caution and good sense in identifying child abuse. Every parents makes errors in judgment and action at some time but when it becomes plain that there is a pattern or it is becoming one, then it’s time for help.”
Appendix D
Please note: This sample is for illustrative purpose only and is subject to change. To access the most up-to-date version of this form, please go to https://inside.scrippscollege.edu/hr/staff-forms.
Sample Certification for Supervising and Other Covered Adults
I hereby certify that I have read and understand the Policy on Activities Relating to Minors, including accompanying appendices. I have had an opportunity to ask any questions I have about the information included in the Policy, including relating to whether I am a mandated reporter and, if so, my obligations under California law and the Policy.
Printed Name: _____________________
Title: __________________________________
Signature: ______________________________
Date: ______________________
Name of Program/Activity (if applicable): _______________________________
Sample Additional Certification for Faculty Directing Course Requirements
I am overseeing a Program/Activity involving minors as part of a class I am teaching, ______________ (fill in course name), ________ (fill in semester and year). I certify that I have required my students to read the Policy on Activities Relating to Minors, have reviewed the Policy in class, including how the Policy applies to the course requirements, and have provided an opportunity for discussion and questions.
Printed Name: _____________________
Title: ______________________________
Signature: ______________________________
Date: ______________________
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