210.020 Youth Protection Program

Executive Order No. 48, 4-5-2021; Amended 7-20-2022.

1. Purpose
   
   1. The universities of the University of Missouri System strive to offer a safe and enjoyable educational environment for all minors attending their programs. This policy sets forth the guiding principles and standards as well as outlining requirements for Youth Programs for children under the age of 18 (referred to herein as “minors” or “youth”.
2. Policy Statement
   
   1. This policy establishes minimum standards for the protection of minors participating in Youth Programs held on university premises or operated by the university.
3. Definitions.
   
   1. Youth Program Director – An individual aged 18 or older as the Program lead, the Designated Individual operating, supervising and responsible for overall operation and compliance of the program.
   2. Designated Individual – Any adult, working or volunteering for a program or programs for minors, eighteen years of age or older, paid or unpaid, who supervises or has responsibilities for oversight of minors and/or Youth Leaders or Youth Programs without a parent, legal guardian or school chaperone present throughout. Examples include faculty, staff, student, student employees, appointees and volunteers.
   3. Youth Leader – Any person under the age of eighteen years who assists with the Youth Program and must be supervised by an adult who has met the policy requirements.
   4. Background check – A required National screening of a Designated Individual’s criminal history performed by the university’s approved vendor or a criminal history screening specifically approved by the Youth Program Representative; a background check shall also include a check of the U. S Department of Justice (Dru Sjodin) national sex offender registry as well as the Missouri sex offender registry, or, if applicable, the sex offender registry of the state of residence of the Designated Individual.
   5. Youth Program Guide – The procedures defined and published by the Youth Protection Program.
   6. Parent – Parent or legal guardian of a minor.
   7. Retaliation – Any adverse action taken against a person because of that person’s participation in protected activity, and includes any adverse action taken against a person for making a good faith report or for testifying, assisting, or participating in any investigation or proceeding involving allegations of violations of this policy.
   8. Supervision - Each program must establish a plan for adequate supervision considering the number and average age of participants, the program activity, and whether overnight accommodations are involved.
   9. Youth/Child/Minor – A person under the age of eighteen who is not enrolled or accepted for enrollment as a student at the University.
   10. Youth program – An academic, athletic or recreational activity or program offered to a minor by the University, or by a non-university group using University facilities, or in partnership during which youth are the primary audience. Refer to the policy for detail.
   11. Youth Program Representative – The point of contact at the University designated by Ethics, Compliance and Audit Services as the individual responsible for ensuring implementation, execution and monitoring of this policy.
4. Scope
   
   1. This policy applies to any Youth Program as defined by this policy.
   2. Programs included are those offered for minors in person or virtually by all schools and departments of the university, student groups, partnerships and by non-university groups on university-owned property or using university facilities.
   3. This includes but is not limited to:
      
      1. Camps, activities and programs offered by the University
      2. Workshops, group lessons, conferences, seminars, camps, internship or observer placements, experiential learning opportunities and other enrichment programs
      3. Programs with alternatively approved processes that meet or exceed our requirements
      4. Non-university groups using University facilities
5. Exemptions
   
   1. While the University is committed to the welfare and appropriate treatment of all minors, the Youth Program requirements of the Policy are addressed elsewhere for the following:
      
      1. Individuals who are enrolled or accepted for enrollment at the university
      2. Performance or events open to the general public
      3. School/organization activities accompanied throughout by adult chaperones from their school/organization/parent
      4. Minors that are employed by the university (See HR-116)
6. Exceptions
   
   1. The Youth Program Representative may approve limited exceptions to the requirements of this policy, provided that adequate alternative measures are in place.
   2. Large, Occasional Events: Programs that are occasional events for which a large number of volunteers are essential, may request to adopt measures and safeguards other than background check for the one-time volunteers (for example: Show-Me Games). Program wishing to adopt alternative measures must make their request to and obtain the approval of the Youth Program Representative in advance of the program. The alternative measures adopted must meet minimum standards as outlined by the Youth Program Guide.
7. Requirements
   
   1. University Program
      
      1. Programs designated as Youth Programs must comply with this policy and procedures outlined by the Youth Program Guide as well as any other applicable requirement of federal, state, local law or regulation and other University policies.
      2. A program will not allow participation of any Designated Individual whose national background check and/or U. S Department of Justice (Dru Sjodin) National Sex Offender Registry check includes sexually based offenses or offenses against children or as stated Criminal History Review Criteria by the Child Protection Improvements Act. Records of other offenses or substantiated reports of child abuse or neglect will be considered on a case-by-case basis by the program, in consultation with the appropriate offices (e.g., Human Resources, Academic Affairs, Student Affairs, Athletics, Office of Risk Management, Title IX & Equity Office, and/or Office of General Counsel) as needed, to determine if the individual’s record will preclude participation.
      3. Register each activity in advance. Registration for ongoing and pre-established programs must be completed annually.
      4. All Designated Individuals must complete the requirements as outlined below.,
      5. Provide parents/guardians of participants with required forms.
      6. Follow the established Standards of Conduct.
      7. Adhere to all reporting obligations.
      8. In the event of a medical emergency, authorized adults should contact local emergency medical services.
      9. The University reserves the right to condition, restrict, or deny access to university facilities by minors at its discretion. All minors, including those participating in a campus program for minors will be subject to all University regulations while on campus, and may be asked to leave the campus if unable to comply.
   2. Designated Individual(s)
      
      1. Any adult who will serve a Youth Program and completes the requirements which include:
         
         1. A national criminal background check conducted and successfully cleared and U. S Department of Justice (Dru Sjodin) Sex Offender Registry Check within the prior 12 months before participating for the first time in any activity or program, thereafter, every 3 years. Individual programs may require more frequent checks.
         2. Motor Vehicle Record (MVR) check, if while in their capacity as a Designated Individual, they will be providing transportation.
      2. Successfully complete annual training course.
      3. Follow appropriate safety measures by the Office of Environmental Health & Safety.
      4. Follow the established Standards of Conduct as published in the Youth Program Guide.
      5. Adhere to all reporting obligations.
      6. Complete a volunteer assignment form, if applicable by program or campus.
   3. Non-University Programs
      
      1. As a non-university organization, in most cases, you are required to register your program, complete a Facility User Agreement including the Protection of Minors Addendum notifying you of the policy requirements and your responsibility to operate consistent with the policy. The university reserves the right to require proof of compliance with the requirements, which include but are not limited to:
         
         1. Responsibility for completing background and DOJ sex offender registry check within the prior 3 years at least 30 days prior to the program on all Designated Individuals.
         2. Provide training to all adults who will supervise minors.
         3. Be aware of how to report any incident/concerns as required by law.
         4. Structure the program to eliminate any one-on-one time between an adult and a minor in a private area not readily observable by others.
      2. Disclaimer: The following statement should be included in all program related brochures, websites, advertising materials, etc.: ("Program Name) is solely operated by (Legal Name of Entity), which is not affiliated with The Curators of the University of Missouri."
      3. Programs that fail to comply with the Youth Protection Policy and these policy requirements may be subject to suspension or termination of operations.
   4. Authority
      
      1. The President has delegated the authority to the Chief Audit & Compliance Officer for oversight of the Protection of Minors Program.
      2. Ethics, Compliance and Audit Services will designate a Youth Program Representative responsible for ensuring management of this policy.
   5. Sanctions
      
      1. Failure to comply with the requirements set forth in this policy may lead to immediate cancellation of the program, disciplinary action, and/or revocation of the opportunity to use university facilities. Actions may include but are not limited to:
         
         1. Programs in violation of this policy may be denied permission to continue operation.
         2. Any violations of university policies by an individual will be dealt with in accordance with applicable University policy and procedures, which may include disciplinary actions up to and including termination of employment or expulsion from the University. Prohibitions regarding physical presence on campus/trespassing may also be pursued.
         3. Law enforcement may be contacted if a crime is suspected. Conduct that violates local, state, federal, or otherwise applicable laws, statutes, regulations, codes, or ordinances, domestically or internationally, may be punishable under those laws.
   6. Retaliation.
      
      1. The University strictly prohibits retaliation and threats of retaliation. Any person who engages in such retaliation shall be dealt with in accordance with applicable University policies and procedures, which may include disciplinary actions up to and including termination of employment or expulsion from the University.