Minors on Campus; Some Words of Wisdom

1. Minors on Campus;Some Words of Wisdom FOA March 12, 2014 Costa Mesa, CA Zachary Gifford, AIC, ARM Associate Director – Systemwide Risk Management

2. What We Will Cover in 45 Minutes • Why is the topic important? • Policies • Good Practices • Background Checks • Creating a Culture of Safety • Risk Management & Assessment • Q & A

3. Why Is This Important? • There is a moral obligation • The Scope & Effects of the Issue are ACUTE! • The fact is there are predators amongst us • Massive Financial & Reputational Risk • Archdiocese, LAUSD, Penn State, etc.

4. Campus & Program Specific Policy Some Campus Policy Elements • Employee Guidelines • High risk area access limitations: • Labs, shops, studios, power-plants, food prep, etc. • Student Guidelines • Visitor Guidelines • Events 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.

5. 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.

6. Elements of a Program-Specific Policy • Specific 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

7. Specific Good Practices to Include in a Policy • Respect the “bubble” • No adult alone with minor • No 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 gifts • No 1 adult – 1 minor in a vehicle • No contact w/ minor outside the program • No overnight visits • Keep rooms open and visible to passers-by • No locked doors • No dating • No candid shots via smartphones etc.

8. Background Checks • HR 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

9. Background Checks – Third Party Provider • These 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

10. 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"

11. Creating a Culture of Safety • Put 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.

12. Managing the Risk – Good Practices • Identify the legal duties you owe to minors • Identify where and how many minors are on campus Gallagher Higher Education Practice : Managing the Risk of Minors on Campus

13. The previous chart becomes this…following analysis:

14. Analyze the Risk • Who or what is an exposure? • Employees, contractors, volunteers • Adult students • Registered sex offenders…be it student or employee • Student placement locations • Child Care Services, Summer programs/camps, authorized contractors on programs with minors • Ownership of events • Facility risks • Supervision resources…what is the minor to adult ratio? • Regulatory risk – mandated reporters, etc. • Etc……(evaluate “frequency & severity” factors)

15. Risk Mitigation Once 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)

16. Implement Policies & Practices Analyzing the Risk Leads one to Develop and Implement Practices, Policies & Procedures

17. Assessment Do 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

18. The Bottom Line It 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.

19. Questions?