Minors on Campus Policy - 2. Policy for Programs Involving Minors Operated by any Unit of The New School

Sponsoring units operating a Program involving minors (not including minors matriculated as undergraduate students) shall operate the Program in accordance with the following guidelines. See Minors on Campus Policy for terms and definitions.

A. Measures to Prevent Abuse of Minors

1. Background Investigations
   Require background investigations including a check of the New York State Sex Offender Registry of Authorized Adults and Required Reporters who have interaction with minors. The Program Director must ensure these investigations are completed prior to the start of the Program.
1. New hires will be required to complete the University background process at the time of hire.
2. The background investigation process referred to herein requires that individuals must complete the NY State Criminal History Record and NY State Sex Offender Registry. All reports must be dated within 6 months of the initial date of assignment.
3. This requirement applies to current employees who have not previously had a background check completed. All individuals whether paid or in a volunteer capacity must comply with this requirement.
4. All Authorized Adults and Required Reporters must also disclose, in writing and within 72 hours, any arrests and/or convictions that have occurred since the date of a background check and/or clearance. Failure to so disclose may result in an Authorized Adult and/or Required Reporter not participating in a program in a New School facility and, for TNS employees may result in disciplinary action, up to and including, termination of employment.
5. The cost for completion of a background check for non-employees will be the responsibility of the individual.
6. If such a background investigation indicates a record of sexually-based offenses or crimes against minors, that individual shall not participate in the Program.
7. If other offenses are revealed by such a background investigation, the Program Head must contact the Director of Security, the Office of the General Counsel, and the appropriate Vice President or his/her designee, who collectively will determine whether participation in that Program by that individual can occur.
8. Background investigations must be valid and repeated every 3 years.
   
2. Emergency Contact Procedure
   Establish a procedure for the notification of the minor’s parent/legal guardian in case of an emergency, including medical or behavioral problems, natural disasters or other significant Program disruptions. Authorized Adults with the Program, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the minors in the Program.
   
3. Contact Information
   Provide a list of all Program Participants and a directory of Program Staff to Campus Safety. (TNS will provide this contact information to the sponsors). This list shall include each participant’s name, local room assignment (if applicable), gender, age (if a minor), and phone number(s) of parent or legal guardian, as well as emergency contact information.
1. Provide information to parent or legal guardian detailing the manner in which the minor participant can be contacted during the Program.
   
4. Release Forms
   Obtain all media and liability releases as part of the program registration process. All data gathered shall be confidential, is subject to records retention guidelines, and shall not be disclosed, except as provided by law.
   
5. Restrictions
   Require that Authorized Adults participating in Programs and activities covered by the policy not engage in the following conduct unless required by exigent circumstances:
1. Have one-on-one contact with minors unless authorized (e.g. on-campus private lessons instruction).
1. Administrative Offices are advised to, whenever feasible, ensure that there are at least two Authorized Adults present during activities when minors are present or take other appropriate precautions to minimize the risks of harm to any minor during such activity.
2. Enter a minor's room, bathroom facility, or similar area when that minor is staying overnight in University housing without another Authorized Adult in attendance, except under emergency circumstances.
3. Share accommodations with minors with the exception of minors' parents or guardians sharing accommodations with their own children.
4. Engage in abusive conduct of any kind toward, or in the presence of, a minor.
5. Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner, any minor.
6. Pick up minors from, or drop off minors, at their homes, other than the driver's child (ren), except as specifically authorized in writing by the minor's parent or legal guardian.
7. Provide alcohol or illegal drugs to any minor. Authorized Adults also shall not provide prescription drugs or any medication to a minor.
8. Make sexual materials in any form available to minors participating in programs or activities covered by this Policy or assist them in any way in gaining access to such materials. Nor shall they have any discussions of a sexual nature with minor participants.
   
6. Training
   All Authorized Adults participating in a program covered by this Policy should attend University-sponsored training on the conduct requirements of this Policy, on protecting participants from abusive emotional and physical treatment, and on appropriate or required reporting of incidents of improper conduct to the proper authorities. Online Protecting Youth: Abuse & Neglect Prevention training must be completed by persons either newly hired or newly assigned to roles that work with minors and must be repeated by those continuously employed every 3 years unless there is a significant change in law of the policy. If you have recently hired an employee who will work with minors on campus, please contact Gene Puno-DeLeon at PunoG@newschool.edu to arrange training.
   
7. Investigation & Discipline
   If an allegation of inappropriate conduct has been made against an Authorized Adult participating in a program s/he shall discontinue any further participation in that program unless or until such allegation has been satisfactorily resolved by the Program Director or designee. TNS employees are additionally subject to discipline, up to and including termination of employment.

B. Measures to Maintain Adequate Supervision of Minors

1. Whenever feasible, all activities involving minors (with the exception of academic classroom activities) should be supervised by at least two or more Authorized Adults or by the minor’s parent(s) or legal guardian(s) at all times. Some of the factors to consider in determining "adequate supervision" are the number and age of participants; the activity(ies) involved; type of housing, if applicable; and the age and experience of the supervisors.
2. If applicable, programs must adopt and implement rules and regulations for proper supervision of minors in University housing. The following should be included:
1. Guidelines on adequate number of staff for supervision of minors in particular activities.
2. Written permission signed by the parent/guardian for the minor to reside in University housing, including contact information for parents and a duly executed emergency medical authorization to be given to the Group Supervisor.
3. Guests of participants, if allowed, (other than a parent/legal guardian and other program participants) are restricted to visitation in the building lobby, and only during approved hours specified by the program.
4. The program must comply with all security measures and procedures specified by The New School Housing and Residence Life and The New School Campus Safety.
5. Pre-enrollment visit programs for High School students housed overnight in residence halls must be registered with the TNS Office of Residence Life.

C. Measures to Address Medical and Emergency Situations Involving Minors

1. Authorization of, and Access to, Emergency Medical Services
1. A medical treatment authorization form, release of medical information (HIPAA), emergency treatment and general medical liability waiver form should be completed by the parent or guardian of each minor participant.
2. Programs must arrange to access emergency medical services at all locations. Medical care appropriate for the nature of the events, expected attendance and other variables should be taken into consideration. Consultation may be obtained from Campus Safety, or Health Services.
3. This section does not apply to programs which involve only academic classroom activities.
2. Distribution or Administration of Medications
1. The New School University employees may not administer or distribute medication to any minor participant.
2. Appropriate refrigeration will be provided for medication if requested.
3. In the event that any medicine cannot be self-administered, the participant or their parent(s) or legal guardian must arrange for administration with an independent health care professional in advance of the participant’s arrival.
3. Programs must also follow appropriate safety measures approved by the Student Services, Campus Safety, and Compliance and Research and Sponsored Programs offices.
4. Establish a procedure for notification of parent/legal guardian in an emergency as set forth in A.2 (above).

D. Rules and Regulations

1. Develop and make available to participants the rules and disciplinary measures applicable to the program. Program participants and staff must abide by all New School rules and regulations and may be removed from the program for non-compliance with rules and regulations. The following must be included in program rules:
1. Possession or use of alcohol and other drugs, fireworks, guns and other weapons is prohibited.
2. Rules and procedures governing when and under what circumstances participants may leave University property during the program.
3. Violence, including sexual abuse or harassment, is prohibited.
4. Hazing of any kind is prohibited. Bullying, including verbal, physical, and cyber bullying is prohibited.
5. Theft of property regardless of owner will not be tolerated.
6. Use of tobacco products is permitted only in designated areas.
7. Misuse or damage of University property is prohibited. Charges will be assessed against those participants who are responsible for damage to or misusing University property.
8. Inappropriate use of cameras, imaging, and digital devices is prohibited, including use of such devices in showers, restrooms, or other areas where privacy is expected by participants.

Return to Minors on Campus Policy.