Policy on the Protection of Minors

I. PURPOSE

Consistent with its mission principle of concern for the whole person, Loyola University of Chicago (“Loyola” or “the University”) is committed to fostering a community that promotes the safety and wellbeing of all individuals, including persons under the age of 18 (“Minors”).  This Policy on the Protection of Minors (this “Policy”) establishes guidelines and describes behavioral expectations for members of the Loyola community who interact with Minors entrusted to the University’s care, including Minors who participate in University Programs or Third-Party Programs (each as defined below).

II. SCOPE

a. This Policy applies to programs, events and activities involving Minors, whether on-campus, off-campus, or in a virtual setting (“Programs Involving Minors”). Programs Involving Minors include, but are not limited to, athletic, coach and youth sports camps and clinics, non-athletic camps and workshops, academic programs as described in Section II(c) below, conferences, and recreational activities, among others.

b. All University staff, faculty, students, alumni, volunteers, vendors, independent contractors and other individuals and third parties¹ who participate in or are otherwise involved in Programs Involving Minors must familiarize themselves with this Policy and adhere to its requirements.

c. This Policy does not cover students under the age of 18 who are admitted and enrolled in the University’s traditional undergraduate or graduate academic degree programs. Any other academic Program Involving Minors which is not a traditional undergraduate or graduate degree program is subject to this Policy.

d. The requirements of this Policy do not apply to research studies subject to the review and approval of an Institutional Review Board (IRB), as these studies are governed by separate standards and oversight.

e. This Policy does not apply to interactions with minors that occur in a clinical setting involving medical care or legal representation. Such interactions are governed by separate industry standards and protocols.

f. This Policy does not apply to the Loyola University Chicago Preschool, which is subject to its own policies and regulatory requirements.

g. The University’s Undergraduate and Graduate Admissions Offices are subject to their own protocols and risk management initiatives related to Minors on campus for recruitment-related programs. Formal pre-enrollment visits, including overnight stays, by prospective University students are not subject to this Policy.

III. DEFINITIONS

Minor is a person under the age of 18.

Child Abuse means the mistreatment of a Minor by a parent, legal guardian, caretaker, someone living in their home or someone who works with or around children.  The mistreatment can either result in injury or put the child at risk of injury.  Child abuse can be physical (e.g., bruises or broken bones), sexual (e.g., fondling or incest), or mental (e.g., emotional injury or psychological illness). 

Neglect is the failure of a parent, legal guardian or caretaker to meet “minimal parenting” standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs for a Minor.

Program means a University Program or a Third-Party Program.

Program Director is the adult representative of the University for a particular Program.

Third-Party Program is a Program Involving Minors that uses University premises but is operated under the direction of a third party, not the University.   

University Program is a Program Involving Minors that is operated and controlled by the University, whether on University premises or off-campus, including in a virtual setting.

IV. PROCEDURES AND RESPONSIBILITIES

Prior to the inception of any University Program Involving Minors, the Program Director must undertake all of the requirements below.  For Third-Party Programs, which are coordinated with Conference Services, substantially similar requirements will be articulated in the terms and conditions of the associated Conference Agreement. 

a. Obtain approval for the Program in writing from the Program Director’s Dean and Provost, or Vice President, as applicable. Complete the Minors Program Registration Form attached as Exhibit A to this Policy, as it may be modified from time to time.

b. Report the approved Program to the University’s Risk Manager by emailing RiskManagement@luc.edu. For Third-Party Programs, Conference Services will make this report to Risk Management.

c. Agree to comply fully with this Policy, including with respect to training, supervision requirements, reporting and criminal background checks.

d. Ensure required levels of supervision throughout the duration of the Program:

- Minors 6-8 years of age: 1 adult supervisor for every 6 Minors

- Minors 9-14 years of age: 1 adult supervisor for every 8 Minors

- Minors 15-18 years of age: 1 adult supervisor for every 10 Minors

e. Require a clear and consistent protocol for receiving complaints of misconduct or inappropriate behavior, including consistent documentation and appropriate notification to supervising staff, and maintain a process for responding to and/or resolving such issues.

f. Require written consent/authorization from each Minor’s parent or legal guardian for participation in the Program.

g. Establish a process for notifying the Minor’s parent or legal guardian in case of an emergency or other significant Program disruption.

h. Require orientation to Minors of University policies and procedures, as applicable, depending upon the type of Program. For example, if Minors will be in a laboratory, they must be oriented to safety and other laboratory-specific policies or procedures. This orientation will also include communication of behavioral expectations of participants for the duration of the Program and reporting mechanisms for participants who witness or experience misconduct or inappropriate behavior.

i. Retain in departmental files all documents and records required by this Policy with respect to any Program.

j. Based on the nature of a particular Program, additional requirements may apply.

V. BACKGROUND CHECKS

Any individual, including students, working in a Program Involving Minors is required to have a background check.  Background checks required for University Programs will be completed by Human Resources prior to the start date of the Program.  The background check includes criminal felony and misdemeanor searches, federal criminal search, social security number trace and National Sex Offender Registry searches.  Background checks are required every two years for Loyola employees and students working in a Program Involving Minors and annually for any non-Program staff.  Background checks required for Third-Party Programs will be conducted in accordance with the requirements of the associated Conference Agreement.

VI. TRAINING 

Any individual, including students, working in a University Program Involving Minors is required to complete training prior to the start date of the Program.  The Illinois Department of Children and Family Services (“DCFS”) offers an online training course called “Recognizing and Reporting Child Abuse: Training for Mandated Reporters”.  Upon completion of that training, each individual will receive a certificate of completion.  This certificate will be utilized to certify that each individual to be involved with Minors has met the University’s training requirement.  Depending on the nature of the Program Involving Minors, additional training may be required. For Third-Party Programs, any required training will be consistent with the terms and conditions of the associated Conference Agreement.

VII. REPORTING

a. Under the Illinois Abused and Neglected Child Reporting Act, all personnel of institutions of higher education are classified as "mandated reporters" who must report to the DCFS if the reporter has reasonable cause to believe that a Minor known to the reporter in his or her official or professional capacity may have been abused (physically or sexually) or neglected.

b. Reports must be made immediately by phone to the DCFS hotline (1.800.25.ABUSE) or in person at a DCFS office, with a follow-up written report to be submitted within 48 hours of the verbal report (http://www.state.il.us/dcfs/child/index.shtml).

c. In addition to the DCFS report, Loyola staff and faculty must also notify Campus Safety that a report to DCFS has been (or will be) made by calling the Campus Safety Dispatch Center (staffed 24 hours per day and seven days per week) at 773.508.6039. The staff or faculty member who identifies the suspected abuse or neglect must personally make the report to DCFS -- this responsibility cannot be delegated.

d. Adults who are not University faculty or staff participating in Programs, such as students, volunteers, alumni, vendors or independent contractors, who suspect a child is a victim of child abuse/neglect must report the matter immediately to the Program Director or to University Campus Safety, who will then determine the proper further reporting channels, including the University’s Office of Equity and Compliance.

e. Suspicion of abuse or neglect should be reported consistent with the above protocols.      Individuals must not investigate the suspected abuse or neglect themselves to determine if a report should be made.  Instead, a report must be made regarding any circumstance that raises a concern and the proper individuals will investigate and determine how to handle the situation.

f. Good faith reporters are encouraged by the University and will not be retaliated against for their report. No University faculty, staff, student, volunteer, alumni, vendor or independent contractor may interfere with the good faith reporting of suspected or actual wrongful conduct. No individual who makes such a good faith report shall be subject to retaliation, including harassment or any adverse employment, academic or educational consequence, as a result of making a report.

VIII. BEHAVIORAL EXPECTATIONS

This Policy affirms the University’s commitment to providing a safe environment to Minors who participate in Programs.  Those associated with Programs must observe the following “do’s” and “don’ts” in order to maintain a positive experience for all Program participants.  Based on the nature of a particular Program, additional behavioral expectations may apply.

Required Conduct:

• Immediately report any instance or suspected instance of abuse or neglect involving a Minor.
• Work and engage with Minors in an open and transparent manner.
• Treat all Minors in a group consistently and fairly and with respect and dignity.
• Maintain discipline and discourage inappropriate behavior by Minors.
• Be aware of how your actions and intentions might be perceived and could be misinterpreted.
• Consult with other Program supervisors when you feel uncertain about a situation or questionable behavior.

Program Prohibited Conduct:

• Never permit any adult to be alone with a Minor. Follow the “rule of three (i.e., have minimally a third person present)” and refrain from unobserved or unsupervised one-on-one interactions with a Minor.
• Don’t have physical contact in an inappropriate or illegal manner.
• Don’t engage in any abusive conduct of any kind toward, or in the presence of, a Minor, including but not limited to verbal abuse, hitting, punching, poking or corporal punishment.
• Don’t share information with a Minor about your private life or have informal or purely social or other contact with a Minor outside of Program activities, including via email, text messages, social media contact, or invitations to your home.
• Don’t provide alcohol or drugs to a Minor or use them in their presence.
• Don’t engage in any sexual actions, make sexual comments, tell sexual jokes or share or view sexually explicit material with or within the vicinity of Minors.
• Don’t say things like “this is just between the two of us” or use similar language that encourages Minors to keep secrets from their parent/guardian.
• Don’t otherwise ignore or engage in boundary violations (e.g., inviting minors to your home or to social functions or asking them to house sit or babysit) which begin with innocent behavior where one event in and of itself may be acceptable but can lead down a slippery slope of increasingly problematic behaviors.

Participant Prohibited Conduct:

• Hitting/fighting/causing physical harm
• Verbal assault
• Profanity or disrespect to other participants or Program Staff
• Bullying
• Stealing
• Causing damage to personal property of others or to University facilities
• Leaving facility grounds without permission
• Biting/spitting
• Possession of weapons, drugs or tobacco
• Sexual misconduct
• Sharing medications
• Hazing

IX. ENFORCEMENT

The University is dedicated to the welfare and safety of Minors on campus.  Any University school, institute, center, department or unit engaging with Minors shall ensure compliance with this Policy.  Those Programs found in violation of this Policy could be suspended or denied permission to continue.  Sanctions for violations of this Policy will depend on the circumstances and the nature of the violation, but may include the full range of available University sanctions applicable to an individual, including suspension, dismissal, termination, and, where appropriate, expulsion from campus. The University may also take necessary interim actions before determining whether a violation has occurred. The University may terminate relationships or take other appropriate actions against third parties that violate this Policy.

X. CONTACT INFORMATION

If you have any questions relating to this Policy, please contact the University’s Risk Manager at RiskManagement@luc.edu or 312/915-7861.

Exhibit A- Minors Program Registration Form

¹ All third-party use of University premises for Programs Involving Minors must be coordinated with Conference Services for, among other things, scheduling, contracting and confirmation of insurance certificates.