Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice :::::::: Risk Identification: Where Are the Minors at Your Institution?

Gallagher Higher Managing the Risk of Minors on Campus Education Practice When I was a child, I talked like a child, I thought like a child, I reasoned like a child. When I became a man, I put the ways of childhood behind me. —Paul the Apostle, First Epistle to the Corinthians, 13:11

Disclaimer The information in this document is intended This monograph does not create, and is not to help administrators at educational institutions intended to create, a standard of care or a legal understand and manage risk. It is offered to the duty of any kind. The failure to implement any higher education community as general advice. It is item from the proposed guidelines and checklists not intended as professional guidance on particular is not intended as, and should not be construed as, situations involving risk, insurance, or legal issues. evidence of negligence or wrongdoing of any kind. Arthur J. Gallagher does not provide legal advice, The checklists are merely aspirational and illustra- as we are not qualified to do so. Neither this docu- tive. The items listed are by no means required or ment, nor any recommendation associated with it, recommended in all circumstances. The appendices is a substitute for legal advice. Every circumstance contained in this document were obtained from and institution is different. Each institution must, sources that, to the best of the writers’ knowledge, therefore, consult its own legal counsel or other are authentic and reliable. qualified professional for advice on the legal implications related to these issues and determine for itself what steps are appropriate for personal or institutional assistance. © 2012 Arthur J. Gallagher & Co. Designed by Ellen Rising Morris of Eighth Day Creations Managing the Risk of Minors on Campus

:::::::: Preface ::::::::

The 2012 Arthur J. Gallagher Think Tank for are literally our future students and customers. But Higher Education Risk Management addressed under the law they are not considered capable of the knotty problem of how to manage the risks of reasoning like an adult. Properly managing the ele- those on our campuses for whom adulthood is still ments of risk they bring is essential to the long-term out of reach. How should our campus community health of every college and university. effectively deal with minors? The intended audience for this publication includes higher education risk As one Think Tank participant observed: managers, administrators and anyone responsible for minors on campus, whether in an advisory or Here’s where the risks are: we’ve got interac- supervisory capacity. tions with minors peer-on-peer, student/ employee-with-minor interactions, premises This year’s Think Tank participants included leaders exposures, alcohol/substances added… We are in higher education risk management and insurance, not just trying to address sexual abuse and mo- along with a selection of experts in sexual abuse lestation. What about athletic and admissions prevention. We attempted to identify the particular recruits? If we have summer camps on cam- risks to higher education institutions arising from pus, what are the medical exposures we have? the presence of minors on our campuses and in our How are these different from our everyday programs, and to suggest possible strategies for your operations? What about waivers and releases? consideration in managing these risks. While pre- Food allergies? Other medical emergencies? vention of molestation and sexual abuse is promi- Part-time employees? Lab research assistants? nent in our minds and in the news, premises liability As bad as an injury to a student is, an injury and bodily injury risks were discussed and addressed to a minor is even worse. We have 17-year-old as well, along with notoriously difficult-to-manage freshmen (‘Doogie Howser’ types)… The list reputational risks. goes on.

The Think Tank participants recognize the enormous The art of risk management is often simply being care- benefits institutions derive from hosting minors on ful not to overlook something that could cause harm. our campuses and in our institutional programs. This paper is not meant to identify every conceivable Candidates for admission, sports team recruits, and risk. But we hope it will help readers realize and casual visitors are not risks to be avoided—they remember the major risks involving minors.

Gallagher Higher Education Practice 1 In the sections of this document you will find the • Gary Langsdale, University Risk Officer, classic operational risk management cycle applied to The Pennsylvania State University minors. We start with risk identification: what are “minors” in my state? What is the duty owed them? • Jill Laster, Associate Vice Chancellor for Human Where are the minors? The next section offers risk Resources and Risk Management, Texas Christian analysis: What are the major areas requiring best University practices for taking care of other people’s children? • Craig McAllister, Director of Risk Management We then discuss loss control: What policies should and Insurance, Cornell University be in place? Supervision? Training? After a thorough discussion on sexual molestation prevention and re- • Mike Montgomery, Director of Risk Management, sponse (an “excursus” that can be read on its own as Oklahoma University a standalone document on molestation), we briefly • Constance Neary, Vice President for review risk financing: what terms should be included Risk Management, United Educators in our insurance policies to address the special risks related to minors on campus, especially sexual • David Pajak, Director, Risk Management, molestation risk? Also attached are a few appendices Environmental Health & Safety, and Chief with sample policies and resources we thought might Emergency Management Officer, Syracuse University be helpful. • Mary Petersen, Vice President and University This publication would not have been possible Counsel, Seattle University without the participation and commitment of • Dr. Benjamin E. Saunders, Professor and each member of the Think Tank: Associate Director, National Crime Victims Research and Treatment Center, Department • Chris Boroski, Director of Corporate Risk of Psychiatry and Behavioral Sciences, Medical Management, Duke University University of South Carolina • Mark Briggs, Chief Risk Officer, • Tom Somerville, Executive Director, Business The Ohio State University Continuity, Cuyahoga Community College • Becky Bullock, Director, Risk Financing, Office of Risk Management, University of Representatives of Arthur J. Gallagher Washington Risk Management Services, Inc.:

• Mark Chopko, Chair, Nonprofit and Religious • John McLaughlin, Managing Director, Organizations Practice Group, Stradley, Ronon, Higher Education Practice Stevens and Young, LLP • Vincent Morris, Executive Director, • Cathy Cooper, Director of Risk Management Higher Education Practice and Insurance, Auburn University • Peter A. Persuitti, Managing Director, • Dr. Richard Dangel, President and CEO, Religious and Nonprofit Practice Praesidium • John E. Watson, Executive Director, • Sam Florio, Director, Risk Management Higher Education Practice and Compliance, Santa Clara University

• Ann Franke, President, Wise Results LLC

2 Gallagher Higher Education Practice Special thanks goes to Ann Franke of Wise Results, who prepared the section on preventing sexual abuse and molestation, and who provided useful editorial assistance.

This document is not intended to provide best practice solutions for every conceivable situation involving minors. Rather, it is a clarion call to identify and care for minors. Managing these risks has major implications for the reputation and well-being of the minors, of those managing risks of the various programs and activities, and of the institution itself. Assisting children—safely—on the path to adulthood is indeed a worthy goal for colleges and universities.

John McLaughlin Managing Director Higher Education Practice Arthur J. Gallagher Risk Management Services, Inc

Gallagher Higher Education Practice 3 :::::::: Table of Contents ::::::::

Introduction...... 5

Who is a Minor?...... 6

Risk Identification: Where are the Minors at Your Institution?...... 7

Analysis of Risk: What to Worry About Most...... 10

Excursus: Preventing Sexual Abuse of Minors...... 16

Loss Control: Best Practices ...... 27

Response and Recovery: Post-Incident Best Practices...... 30

Insurance, Risk Transfer and Financing...... 33

Summary...... 36

References...... 38

Appendix A: Criminal Background Checks...... 39

Appendix B: Sample Volunteer Application Form Information...... 42

Appendix C: Sample Policy on Minors (The Pennsylvania State University)...... 44

Appendix D: Risk Factors and Loss Control Measures Scoring Sheet...... 50

Appendix E: Medical Care Authorization...... 54

Appendix F: Self-Administration of Prescription Medication Authorization...... 56

Appendix G: Camp Waiver/Release...... 58 :::::::: Introduction ::::::::

Children sweeten labors; but they make misfortunes more bitter. —Francis Bacon (1561–1626), Essays, Civil and Moral

Higher education is traditionally regarded as the grant recipients, and child actors in our theater province of adults. Certainly those of us responsible performances. for risk management at institutions of higher education may sometimes question the maturity of some Because of the increased legal, moral, and social “adult” members of our student clientele. But for duty owed to minors, they pose a particularly most colleges and universities, the great majority of sensitive risk management challenge. Juries of our people studying, living and working on our cam- peers, and the courts of public opinion, tend to render harsh judgment on colleges and universities puses, and participating in our various programs, that are perceived to be negligent in managing the are indeed considered adults under the law. They safety of minors. However, it is not always easy to are able to account for themselves, sign contracts, determine exactly who is a minor, nor where they and bear legal and moral responsibility for their own are, nor who has invited them to the campus (or to behavior. participate in off-campus programs), or for what purpose. In addition, the legal doctrine of “in loco Yet most institutions of higher education have parentis”1 has been shifting for higher education significant interaction with minors on our campuses over the last three decades, giving enrolled students and in our operations. Minors flock to sports camps more freedoms but not removing obligations to care we host. They buy ice cream in our student centers, for true minors. and skateboard on our walkways and steps. They arrive as freshmen, not yet turned eighteen.

“Prodigy” students can be well below eighteen. A 16-year-old graduate student recently sought permission to join an archaeology field study in Israel as part of an M.A. program.

Minors take music lessons and attend pre-college bridge programs. They sit in their off-campus classrooms under our student teachers. They come to us 1 as sports team recruits, and as candidates for admis- Peter F. Lake of the Stetson College of Law has written definitively on this subject; see, for instance, The Rise of Duty and the Fall of In sion, and as siblings of current students. They sleep Loco Parentis and Other Protective Tort Doctrines in Higher Education in our residence halls as our guests. We invite them Law, 64 Mo. L. Rev. 1 (1999); The Special Relationship(s) between to all sorts of functions and events, free and paid. a College and a Student: Law and Policy Ramifications for the Post In Loco Parentis College, 37 Idaho L. Rev. 531 (2001); and, with They are our future students, our primary customers. Robert D. Bickel, The Rights and Responsibilities of Modern Uni- They work part-time on our grounds crews and in versities: Who Assumes the Risk of College Life? (Durham: Carolina our labs. They are research assistants for our faculty Academic Press, 1999).

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 5 :::::::: Who is a Minor? ::::::::

Before we begin investigating our institutions’ Connecticut further defines a “child” as any person exposures to the presence of minors, we under 16 years of age, and a “youth” as “any person must answer the question, “Who is a minor?” sixteen or seventeen years of age.”6 Likewise, Perhaps surprisingly, there is no uniform answer depending on the state, a “juvenile” is variously to this question, despite the fact that we owe defined as someone under 18, or 17, or 16 years of greater duties to minors than to adults. Good age. Different statutes may apply to each of these age risk management requires knowledge of the and title categories. applicable statutes. A college or university must adapt risk management Minors typically cannot enter into contracts, nor, plans for minors to its legal context. Examine the in most circumstances, bear legal responsibility laws on minors for all states, and even all countries, for their actions. So they can’t sign waivers or in which your institution operates. You may need to releases for themselves in most situations, nor refuse consult an attorney to determine exactly where your medical treatment such as sending away an ambu- vulnerability lies, by definition, before you begin the lance that has been summoned. Parents or guardians next step: identifying where minors are congregating exercise these responsibilities and can be held re- at your institution. sponsible for the actions of minors.2 Harsher penal- ties may apply to those who abuse or assault or otherwise injure a minor, intentionally or not. Takeaway: Consult with an attorney to determine the definition of “minor” in all States define “minor” differently. Many, but not all states and countries in which your institu- 3 states, set 18 as the age of majority. North Carolina, tion operates. Make sure you understand all for instance, has a typically simple and clear state- statutes that might apply to your institution’s ment: “A minor is any person who has not reached care of minors. the age of 18 years.”4 Many states lowered the age of majority from 21 to 18 after the 26th Amendment to the U.S. Constitution, ratified in 1971, set 18 as national voting age. Many states set different age limits for different purposes. Connecticut, for example, 2 On occasion a university employee may become the legal guardian provides that of a minor, increasing institutional responsibility. At a leading music conservatory, for instance, staff members may become legal guardians Except as otherwise provided by statute, on of a few young students who live in the residence halls. This allows the and after October 1, 1972, the terms “minor”, staff members, for example, to make medical decisions in emergency situations. “infant” and “infancy” shall be deemed to refer 3 States and U.S. possessions using an age older than 18 for legal to a person under the age of eighteen years and majority, as of January 2012, were: Alabama (19), Mississippi (21), any person eighteen years of age or over shall Nebraska (19), Pennsylvania (21), and Puerto Rico (21). Source: DoD Financial Management Regulation, Volume 7B, Appendix H, be an adult for all purposes whatsoever and “Age of Majority by State and United States Possession.” Found at have the same legal capacity, rights, powers, http://comptroller.defense.gov/fmr/07b/07b_appendix_h.pdf. privileges, duties, liabilities and responsibilities 4 North Carolina General Statutes §48A-2 (1971, c. 585, s. 1; as persons heretofore had at twenty-one years 2003‑207, s. 1.). 5 Connecticut General Statutes §1-1d (1972, P.A. 127, S. 1., of age, and “age of majority” shall be deemed rev. 2007). 5 to be eighteen years. 6 Connecticut General Statutes §46b-120(1) and (2) (2007).

6 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice :::::::: Risk Identification: Where Are the Minors at Your Institution? ::::::::

“It’s 10:00 p.m. Do you know where your children are?” —Public Service Announcement, ca. 1971

After canvassing the legal duties that institutions Many institutions that inventory their youth-serving owe to minors, the next steps are to identify where programs find more programs than they expected. the institution interacts with minors and to gauge The daycare center and the sports camp have the potential risks of those interactions. high profiles. Smaller programs may be scattered throughout the institution, from community service Sexual abuse and molestation have a high public projects to the president’s Halloween party. Syracuse profile and deserve further in-depth consideration University did a full assessment in 2003 and found (see separate Excursus section below). However, over 70 programs having significant involvement molestation is actually much less prevalent than with minors, not including casual campus visitors. bodily injuries to minors on our campuses. Premises liability remains the single greatest exposure when The Think Tank participants initially hoped we we bring children to facilities sometimes not de- could group campus programs serving youth into signed for them, to participate in programs some- a few simple categories, each under the supervision times led by people not accustomed to managing of a Vice President or Dean responsible for owning risk factors related to minors. It is vital to identify the risks in that area—and for implementing proper

One university thought it had two programs that involved minors. When a full risk assessment was done, it discovered it actually had 166.

these risks and advise and train those responsible on risk management techniques. We began a chart how to manage them. looking something like this:

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 7 But upon further reflection, we realized the list of exposures was much longer and more diverse—and ex- tremely interconnected and overlapping. We affectionately dubbed the new version “the spiderweb chart,” with bright red “1”s repre- senting heightened risk for molestation. But we are quite sure we have not captured all risks; many more lines could be drawn linking various areas of oversight:

8 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice This “spiderweb chart” illustrates one of the most 5. Human Resources: The institution may difficult issues in classifying these risks: determining have job shadowing programs, or minors as whether to track risk by the functional area, such as employees. Human Resources may sponsor by the VP or Dean overseeing the area of exposure, a “bring your child to work” day, or have or by the minor’s role, such as event attendee or staff “bring your family” barbecues, picnics, uninvited guest. holiday parties, group amusement park days and other community-building events. We recommend identifying risks by operational area, and then making sure there is a champion to man- 6. Special Events/Advancement: Special holiday age them for each program. As with the assignment events such as trick-or-treating may be held. of roles for Enterprise Risk Management, every Greek organizations may sponsor activities program needs a responsible party overseeing imple- for special-needs or other children. Home- mentation of best practices. Certain broad areas coming, graduation, and reunions may bring bring the highest exposures: families to campus. Younger siblings may stay in residence halls, and local school children 1. Academic Programs: You may have academic visit campus facilities on field trips. These are programs that invite or involve minors— but a few examples of special events. music lessons, theater participation, ultra- young “prodigy” students, under-18 fresh- 7. Conference Services: Many schools maxi- men, high school/BRIDGE programs, stu- mize revenue and facilities use by renting dent teaching, international travel programs, space to conferences, youth groups, sports summer academic enrichment for youth, camps, and church functions. and similar programs. 8. Institutional Counsel/Office of Legal Ser- 2. Student Affairs/Recreation: These programs vices: Many contracts are reviewed by this of- include Athletics events especially (under-age fice, or perhaps by Purchasing/Procurement. recruits, institutionally sponsored camps, These departments may be aware of contracts community members using the pool or involving service to or programs for minors, fields, etc.), but also such activities as and should be prepared to negotiate the “Model U.N.,” alternative spring break pro- appropriate expected terms and conditions. grams serving youth, and local community service projects organized by college students.

3. Health Services: Special issues arise with Takeaway: “Important Conversations You children’s allergies, administration of regular Need to Have”: Each institution has a few medications, and consent for treatment of key programs with the highest concentra- minors at medical centers, speech and hear- tion of minors. Athletics, community service, ing clinics, and counseling centers. A student admissions, and alumni relations may be health center providing services to youth, among them. Conversations with the campus such as summer campers, may require pedi- leaders in these areas are critical. The leaders atric expertise and specially-sized equipment. should know which programs involve minors Don’t forget exposures such as graduate (a simple checklist or survey may be helpful), students practicing counseling techniques. and what their responsibilities to minors are in your state(s) of operation. Identify the key 4. Admissions: Most prospective students are responsible parties and bring them on board minors, and they may stay in residence halls, with risk identification, proper policies, train- enjoy campus visits, and participate in many ing, best practices and supervision. campus activities. A first-year orientation program may have activities for younger siblings.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 9 :::::::: Analysis of Risk: What to Worry About Most ::::::::

I remember a wise old gentleman who used to say, “When children are doing nothing, they are doing mischief.” —Henry Fielding (1707–1754), Tom Jones, Book XV, Part II

Things are not quite as bad as Fielding’s wise old might be bullied or otherwise injured gentleman would have it—minors at our institutions (even accidentally) by older or larger are not just sources of mischief. They are, indeed, minors, adult students, or others. our future students and customers, our employees and donors. But there are certain factors associated with their presence that our Think Tank identified as hazards, increasing risk. Many are listed in the checklist below, in no particular order: Ugly Scenarios

What if… • 1. Alcohol and controlled substances: Since some of our enrolled students have dif- • …a female 16-year-old high school junior on ficulty making wise choices concerning a campus recruiting visit was staying with host alcohol and drugs, it comes as no surprise students in a residence hall overnight. She that the situation can be compounded for was sexually assaulted late at night by another minors. Away from their parents, minors visiting minor, a 16-year-old male on campus may be eager to experiment with forbid- for a Model U.N. program, sponsored by the den substances. Prospective applicants, for Political Science Department for area high example, may easily be tempted to party school students and hosted at no charge by the along with the students on campus who institution. Apparently alcohol was involved. want to “show the visitors a good time.” • …a sixth-grader visiting a campus department on a school field trip was cornered in a bath- • 2. Unclear “ownership” of events: Ambigui- room and bullied by two eighth-graders from ties surrounding events may reduce atten- a different school on a coinciding field trip. tion to risk. Is the program an institution- • …during a Homecoming “open gym” activity al function? Or is it owned and run by an for the children of alumni attending concur- outside agency? Or is it a joint, mutual rent “Class of ’--” functions, a few bored high event? Who has management responsibil- schoolers shoved their way into a game of ity? Ultimate decision-making authority? dodge ball set up by volunteer student supervi- Who insures the event and collects appro- sors recruited by the Advancement division. priate documents? Resolving such ques- They taunted the younger kids, many of tions in advance clarifies the allocation of whom were injured by the force of the red responsibility for safeguarding minors. rubber balls they threw. The volunteer supervisors either did not notice or were Age of the individual/mixed age groups: • 3. unsure how to respond. Alumni parents were Complications can arise when two groups outraged when they retrieved their bruised of minors of significantly different ages and crying offspring. or interests are interacting together in the residence halls, dining halls, or athletic facilities. A younger or smaller child

10 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice • 4. No release for participation or medical loss control. Inadequate supervision care: It may seem awkward to ask for a could mean too many minors per staff medical release, much less a participation member (too large a ratio), or insuffi- release, from minors coming to campus as ciently trained staff. In addition to invited guests for admissions or athletics unsupervised activities, one of the recruiting. But that awkwardness must be weighed against problems arising from the absence of a waiver in case of an incident, or lack of a release in case of the need for Right-Sized Facilities medical treatment. In many states, if a and Furniture Matter! child is injured and a parent is not present or a signed permission-to-treat form • A large conference rented the entire cam- has not been collected, obtaining medical pus of a small college during the summer. treatment can become complicated. Families with children were housed in (Be careful to obtain authorization from residence hall rooms. During the conference both parents if there is a potential custody sessions, conference volunteer staff offered situation that might require it.) impromptu childcare in the residence hall lounge areas. While playing “tag” around a 5. Facilities not designed or constructed • ping-pong table, a small child tripped and for minors: Some of our buildings have fell forward, severely injuring his eye by lead paint, or stairway balusters that are striking it against the corner of the table at unusually low or lack modern safety rails, his head level. or old-style wide, non-code-compliant distances between upright rail supports • An Assistant Provost held a welcome-to- on open stairs and balconies. Almost all new-faculty banquet on campus, hiring of our campus furniture, door handles, students to provide babysitting services in light switches, bathrooms, and other a small dining room conveniently adjacent facilities are adult-sized, and children to the banqueting hall. Not a single item can and do get hurt while using normal, of furniture or equipment in the room was undamaged items and furnishings. An meant for playing children, much less for “attractive nuisance” like an unsecured the infants dropped off by parents for naps, bulldozer or unlocked pool is also not feeding and diaper changes. New-faculty meant for children. parents were hesitant, anxious and angry about the inadequate facilities. Some refused to leave their children there, and skipped the • 6. Inadequate supervision: Deficiencies in supervision are a major problem banquet entirely. It was a well-intentioned

A tennis camper was playing dodge ball with a tennis ball in a residence hall, while his counselor was eating dinner, unaware of what was going on. No one told the camper to stop, and unfortunately he severely damaged his eye.

and a primary source of injuries and activity, but it set faculty-administrative rela- lawsuits. Proper supervision is one of tions on a wrong-footed start to the year. the most important elements to address in planning programs and managing

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 11 largest concerns is unsupervised time. This staff numbers are low and people may is when the children are most likely to get be pressed into emergency service? Do into mischief—a particular issue for over- the qualifications apply to both staff and night camps and programs. If a minor is volunteers? injured, the parents will demand to know why adults were not present or, if present, • 9. Regulatory risk: Both federal and state were inattentive to the children. law protect minors. The regulatory requirements for daycare centers are an • 7. Unplanned time: While planning every obvious example. Do you have an unof- waking second of a child’s time is a bad ficial “daycare center” that is unlicensed? idea, not having planned activities for Similarly, laws prohibit the employment groups of supervised minors, especially of minors in dangerous occupations, such large groups, presents a hazard. “Free as working with power tools or on high time” for large groups of minors often ladders, or occupations illegal for them devolves into questionable activities. such as serving alcohol. Do you know the Outdoor activities may be cancelled due laws in your state concerning employ- to rain, heat, or other adverse condi- ment tasks prohibited for minors? Does tions. With indoor activities, a building your state require minors to have a work may unexpectedly become unavailable. permit? Are minors in advanced academic Such cancellations of scheduled activities programs using scientific laboratories, should always be anticipated, with leaders equipment, or chemicals without proper prepared to switch into a solid backup training, or with tools or personal pro-

On the last day of sports camp, a participant’s mother calls in to say, “Johnny won’t be there today because he’s broken out with the measles.”

activity plan. Note that unplanned time tective equipment sized to, or quantities differs fromunsupervised time. Un- designed for, adult use? Does your state planned time is unstructured, and adults require specific training for those who may be present. In unsupervised time, supervise minors? adults are not present, or not present in sufficient numbers. • 10. Mandatory reporting: All states have laws requiring certain categories of adults, such • 8. Staff qualifications: Closely tied to inad- as pediatricians and teachers, to report equate supervision, staff qualification is any suspicions or evidence that a minor a vitally important area. Staff may gain has been sexually molested or otherwise qualifications through a combination of physically abused or neglected. Many training, experience, maturity, and, in of your employees may be mandatory some positions, required licensure. Have reporters. In some states, everyone is a programs established clear and justifiable mandatory reporter. Does your institution qualifications for staff and supervisors provide guidance to the Admissions coun- who will be in charge of minors? Are selors on what they must, can, or should these qualification requirements en- do if an applicant for admission reveals forced, especially in the often-hectic and abuse on an application essay? pressured times when camp or program

12 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice • 11. Pre-existing mental health issues: to satisfy custody and avoid charges of Many minors have significant mental aiding kidnapping? health issues, including prescription drug needs. Are your programs for minors • 14. Transportation risks: State and federal able to accommodate these needs, and to laws regulate the transportation of mi- monitor prescription drug use—and pos- nors. Small children, for example, require sible abuse? And how will staff distinguish car seats or boosters in passenger vehicles.7 between a minor’s consumption of accept- Parental written permission should be ob- able over-the-counter medications, pre- tained for transporting minors in vehicles. scribed medications, and illegal controlled A state may have safety requirements for substances? Parents might see a program school buses and restrictions on trans- away from home as an opportunity for porting children in 15-passenger vans their child to scale back on therapy or or in the back of pickup trucks. Bicycle medication. Some adolescents may reach helmets may be mandatory for riders the same conclusion on their own. under a certain age. Institutional policy may address transportation issues, such as • 12. Other medical issues: Children may the use of 15-passenger vans. If a program bring a host of medical conditions to picks up or drops off two or more minors institutional programs. Do all program at multiple points, there may also be a staff know what to do if a minor has an “first one in/last one out” issue: a sexual allergic reaction? Diabetic coma? Reaction abuse risk exists if a minor is alone in a to medicine? How is this information col- vehicle with an adult. One university has lected from participants and shared with a policy requiring drivers to call campus staff? Is the information stored with ad- public safety to report the timing and equate protections for privacy? How and location when they drop off the next-to- when is it destroyed afterwards? Do the last and the last minor passengers in a programs follow an appropriate infectious university vehicle. disease policy to prevent MRSA, norovirus, and other transmissible illnesses? A • 15. Media images: Institutions wishing to policy to determine when minors will be use minors’ images in brochures, videos, barred from participation due to illness? websites, and other forms should secure Are staff trained in pediatric application parental permission. An institution may of bloodborne pathogens protocols, first choose to prohibit staff and volunteers aid, CPR, and AED use, all geared to from taking photos or videos of minors pediatrics? It is prudent to develop a plan on their cell phones or other personal for notifying parents of medical issues. equipment, to limit the risk of privacy In a situation, for example, of infectious invasion and inappropriate distribution. disease, should all parents be notified? A program could prohibit youth from bringing cameras or taking photographs, • 13. Meeting custody obligations: Many children come from and return to house- holds headed by adults with varying 7 For instance, the 2004 Illinois Child Passenger Protection Act custody rights. Are all your programs dictates that drivers must make sure all passengers under 18 are in confident they have secured sufficient seatbelts, unless they are under 8, in which case “The parent or legal guardian of a child under the age of 8 years shall provide a child participation permission from all relevant restraint system to any person who transports his or her child” (as parties? Are the children being returned presented at http://dot.state.il.us/trafficsafety/childpassengeract.html, to the proper person at the proper time accessed 2012/5/2; emphasis in the original).

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 13 to reduce the risk that compromising apply to staff, supervisors, and volunteers? pictures might be distributed. To participants?

• 16. Making over-reaching or misleading • 18. Shared space/private space: How does statements in program brochures: “… your program manage spaces shared by [C]onstant supervision in the dorms,” adults and minors? Do adult and youth claimed a major university’s football groups eat together in the dining hall? camp brochure. But was that really true? Do minors change clothes alongside Advertisements that make false or mis- adults in locker rooms, showers, or steam leading claims, especially about staffing rooms? Some facilities prohibit children ratios, safety precautions, supervision, over a specified age, often 3 or 4 years and scope of activities, may be grounds old, from entering locker rooms of the for legal action if something goes wrong. opposite sex. Conversely, are minors often alone in a program—especially, “alone” • 17. Internet and media exposure: Do you with other minors, essentially unsuper- have, or need, campus internet filters vised? How do you balance public/private for your minor participants? Do you expectations and needs? have, or do you need, a policy for cell phones, “smart phones,” and other • 19. Emergency management: Children need electronic devices? Should the policy extra guidance in emergencies. For severe weather, threat of a shooter, or other

One university had a 14-year-old science award winner on campus for a week over Christmas working in a lab. Her mother stayed with her the whole time.

emergency event, do leaders know all “Do Not Call”? shelter locations and procedures? Are After a few repugnant incidents of illicit they adequate for the size of the group? photography in athletics locker rooms, pool- Do they have alternative plans for rain side changing areas and restrooms, many or other adverse conditions? Is there a institutions are struggling with how to adopt lightning prediction or other warning workable mobile phone policies. One ap- system, and do all groups (particularly proach might be to forbid any use of mobile outside groups) know what it means and phones or any other devices capable of taking how to obey it? How do youth-serving pictures in such areas. But can we reason- programs factor into the institution’s ably expect users of our facilities to keep their overall emergency plans? Could the electronic devices out of sight, in pockets or dining service, for example, feed all over- gym bags, or, more strictly, even to surrender night campers, including those in camps their phones before entering? Locker room hosted by non-university groups, in the attendants typically need training on how to event of a power outage? enforce such policies. How else can we prevent Special needs programs: surreptitious snapshots from surfacing online? • 20. By their very Worse—what if kids do it? nature, programs that serve children with special needs require particularly sensitive and expert supervision. Staff must take charge of accommodating disabilities,

14 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice preventing harassment, and avoiding Procedures should be designed for typical discrimination based on protected classes. emergencies and should address, among Special needs children may participate in other elements, procuring emergency separate programs or in programs with assistance, notifying parents, and follow- non-disabled children. ing up. Particularly important is to have a plan for recovery of a missing child, with • 21. Accompanying family members or properly sequenced notification of par- friends—“entourage” effect: Programs ents, authorities, and others. Parents are should be very clear concerning the place understandably unforgiving when a child or role, if any, of for family members is unaccounted for, even for a short time. accompanying minors. What if parents, siblings, or extended family arrive with campers, youth travel program participants, or young scientists doing research? Takeaway: Several specific factors increase Some communities and families may the risks of working with minors. Many of value family participation highly. Pro- these also heighten risk for programs with grams, however, may or may not easily students or other adults, but because minors accommodate extra people. A parent who are not considered under the law to be able assists with supervision may be an asset, to care for themselves, our program leaders while one who relentlessly advocates for must be aware of these risks and address these his or her child may not be. Even worse, particularly. Tip: Having an information a parent or sibling may injure or abuse handout sheet, or dedicated e-mail or website another child. Likewise with friends—in for parents & attendees, or even a 24-hour an age of cell phones, minors might call hotline for program-related questions, goes a long way toward showing there are competent their local friends to come and visit. The people in charge. Preparing for these ques- program should have clear guidelines for tions also prompts leaders to address the risks these situations. behind them.

• 22. Emergency response/missing children: All institutional programs and facilities users should be aware of the procedures to be followed in case of emergency.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 15 8 :::::::: Excursus : Preventing Sexual Abuse of Minors ::::::::

No one is more truly helpless, more completely a victim, than he who can neither choose nor change nor escape his protectors. —John Holt, Escape from Childhood (1974)

Child molestation at colleges and universities can make headline news. Internationally publicized allegations at The Pennsylvania State University have Who is the “typical” child molester? prompted many institutions to reflect on the question “Could this happen here?” • I am probably well known and liked by the child and by you. Child molestation is a type of child abuse. Abuse • I can be a man or a woman, married or more broadly covers impairment of a child’s physical single. neglect or mental welfare. Child is the passive fail- • I can be a child, adolescent, or adult. ure to nurture a child, such as through inadequate supervision. While child molestation occurs most • I can be of any race, hold any religious often in family settings, it also arises in youth- belief, and have any sexual preference. serving programs. Some molestation is perpetrated • I can be a teacher, tutor, camp counselor, by children on other children rather than by adults. parent, stepparent, relative, family friend, A molester, whether adult or child, may target member of the clergy, babysitter, or anyone victims from underprivileged circumstances or who comes into contact with children. who have mental impairments. Molestation occurs • I am likely to be a stable, employed, re- infrequently in colleges and universities. When it spected member of the community. does occur, or when allegations arise, the stakes can be enormous. In the parlance of risk managers, child • My education and my intelligence don’t molestation in higher education is a low frequency, prevent me from molesting a child. high severity occurrence. Adapted from “Advice from Child Molesters,” Most pedophiles are not strangers who leap from be- prepared by the Vermont Department for Chil- hind bushes. Rather they are known to, and liked by, dren and Families. http://dcf.vermont.gov/sites/dcf/ their victims. About 75% of teens who are molested files/pdf/protectkids/Protecting_Your_Children.pdf. knew the assailant well. The molestation risk for boys peaks around puberty, and for girls it increases as they move through adolescence. 2. Privacy. The molester seeks opportunities to be alone with a child. Some activities, such Child molestation is encouraged by three conditions: 8 “A detailed discussion of a particular point; a digression in a written 1. Access to children. As described in the intro- text.” This term was suggested by Vince Morris as the appropriate duction, college campuses offer many op- one for such a chapter, even if it is a bit of a vocabulary-builder. This chapter addresses a highly sensitive topic prominent in the press and portunities for adults to interact with minors. in the minds of risk management. We call it an ‘excursus’ to indicate The overwhelming majority of the adults that this issue, while difficult and in need of attention, is neither the have benevolent motives, but a few do not. sole, nor most frequent, source of risk involving minors.

16 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice as tutoring, music lessons, and counseling, In this chapter we address broad action areas for regularly bring a single adult into contact institutions seeking to address child molestation. with a single child. On other occasions, an adult may create the opportunity to be alone Dr. Richard Dangel, a Think Tank participant, has with a child. An athletic trainer or camp identified eight areas as crucial to the prevention counselor might give a child one-on-one and detection of abuse. The areas are: attention in a private space. An adult may drive one child somewhere. A staff member 1. Policies may befriend a child and invite the child to 2. Screening and selection visit the staff member’s home. 3. Training 4. Monitoring and supervision 3. Control. Child molesters are masters at 5. Consumer participation manipulating both children and adults. 6. Feedback systems The systematic molester engages the child 7. Response in a grooming process—gaining trust, 8. Administrative practices establishing secrecy, and testing the child’s reactions to increasing physical contact. Because of its special importance to campus finan- The molester manipulates the child to cial officers and risk managers, we add here a ninth prevent the child from reporting the abuse. area—9) risk financing. The molester may, for example, give the child alcohol or drugs and then threaten There is no single formula defining best institutional disclosure of that transgression if the child practices in all nine categories. An institution may “tells.” The molester may make threats wish to select certain action areas for emphasis. against the child’s family members or pets. Within each area, some suggestions may be more Molesters ‘groom’ adults to overlook or appropriate to a given institution than others. We excuse behavior that crosses boundaries encourage readers to draw from these ideas, and add with children. The molester may appear their own, to reduce the risk of child molestation trustworthy, charming, and generous, and and, should molestation occur, increase the likeli- others may be reluctant to report or address hood of an appropriate response. On this challeng- emerging problems. ing topic, there is no “one size fits all.”

A young adult may discover an attraction to children Adopt policies and procedures while working with them and then take advantage of to protect children. a vulnerable child when an opportunity arises. Expe- Some basic requirements can establish appropriate rienced molesters may prefer victims of a particular boundaries for adult behavior and limit the possibil- age, gender, or appearance. From the vantage point ity of molestation. (See, for instance, the example

There is no one profile that identifies a child molester. These factors compound the difficulty of addressing suspicions and charges of molestation.

of parents, supervisors, and co-workers, molesters policy and procedure document from The Pennsyl- may appear excellent in relating to children. There vania State University, included as Appendix C.) If a is no one profile that identifies a child molester. These youth-serving program prohibits, for example, adults factors compound the difficulty of addressing suspi- from showering with children, then an adult may cions and charges of molestation.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 17 Examples of Child Sexual Abuse in Higher Education

Drawn from recent media accounts:

• A noted scientist in California was sentenced the statute of limitations for child molestation, to 14 years in prison for continuously molesting allowing a lawsuit over events allegedly occur- a colleague’s daughter, starting when the child ring three decades earlier. was in fifth grade. • Administrators from three universities, including • An 8-year-old student was allegedly molested a campus police chief, have been arrested in sting at a university’s lab school. operations for soliciting sex online with police officers posing as young teenage girls. • In 2007 a college received a 169-page complaint that five years earlier a summer camp counselor • An administrator was sentenced to a prison term had shown pornography to two campers and of 27 years after streaming video images of him- the three had each masturbated. The counselor, self sexually abusing his adopted 5-year old son who was a recent graduate of the institution and and offering the child for sex to police officers recipient of its annual award for excellence in posing online as pedophiles. public service, vigorously denied the charge. He • A community college music instructor allegedly went on to marry, become the father of triplets, advised a 17-year-old voice student that he was and work at several area private schools. He conducting research on sexual activity and vocal was also active in youth sports. In 2011 he was range. He told the student, who was dual-en- arrested on multiple counts of molesting young rolled in high school and college, that she could teenage boys. Authorities believe he may have increase her vocal range by engaging in sexual molested at least 23 victims. The families of activity while singing. some victims have sued the college for its inad- • University faculty and other employees have equate investigation. The college president and been arrested and, in some cases, convicted of board chair have made public apologies about accessing child pornography on their campus or the investigation the institution conducted. home computers. At least eight institutions have • A family sued a religiously-affiliated university faced these issues in recent years. One professor for placing a ministry student with them thirty was reportedly viewing child pornography on years earlier without disclosing that the student his laptop during an airline flight. Another was had been convicted of child molestation. an expert in children’s spirituality. An emeritus According to the lawsuit, the university professor from an Ivy League university was was aware of the conviction, and the student sentenced to 15 years in prison for possessing molested the family’s 6-year-old daughter images of himself performing sexual acts with and 2-½-year-old son. The state in which the a young child. university and family were located had lifted

A community college music instructor allegedly advised a 17-year-old voice student that he was conducting research on sexual activity and vocal range. He told the student, who was dual-enrolled in high school and college, that she could increase her vocal range by engaging in sexual activity while singing.

be disciplined or dismissed for violating the policies • Respect for personal boundaries and procedures, regardless of whether molestation • Two adults present with children whenever has occurred. Potential requirements include: possible

18 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice • No showering, massage, undressing, alcohol, drugs, or risqué jokes around children • In accompanying a single child to a restroom, Analysis of Positions check first for suspicious activity in the restroom, then exit and permit the child to use the A college or university may wish to reduce risk restroom alone by analyzing every staff, faculty, and volunteer • No gifts over nominal value position that involves access to children and • No driving with a single child in the vehicle. other vulnerable populations. Dr. Benjamin • No outside contact, e.g., babysitting, home Saunders suggests structuring hiring, training, visits and supervision procedures according to these • No overnight visits elements of paid and volunteer positions: • No covering of windows to restrict visibility into classrooms or similar spaces • Level of contact with vulnerable • No doors locked from inside except in emer- populations gency situations • Age/developmental capacity, education • No photos of children taken on staff/volunteer level, dysfunction and sophistication of personal cell phones or cameras children being served • No dating • Level of contact the position will have Procedures restricting or prohibiting outside with children. Degree of potential “alone,” contact reflect the reality that a child molester may unsupervised time with children use outside settings for “grooming” a child and • Responsibilities position will have then committing molestation. Another useful type with children of procedure is unannounced, random check-ins • Level of authority, power and control on one-on-one interactions such as tutoring the position will have over children sessions or music lessons. Penn State University now requires an adult who wishes to communicate • Contact off-premises required electronically with a minor to include another • Contact after business hours required adult on the message. • Online contact required Some institutions adopt policies imposing on • Ability of the position to isolate children all staff and volunteers an obligation to report from others in organization concerns about child sexual abuse to external • Potential to intimidate, threaten, and authorities. Such a policy may mirror state law frighten children or may be more rigorous. • Level of day to day supervisory responsibilities the position will have Use screening and selection procedures to deter potential molesters. • Level of visual observation Thorough screening and selection procedures may • Sensitivity to and knowledge about possible discourage molesters from even applying. Many in- abuse by other staff and children served stitutions rely on criminal background checks, which • Eligibility criteria for position, such as: are covered in greater detail in Appendix A. Criminal background checks are not, however, the whole solu- – History of arrest for certain crimes tion. Only about 3-4% of molesters have criminal – Felony conviction backgrounds, and background checks themselves – Sexual offender registry are only about 45% accurate. Many organizations, however, consider criminal background checks to be – Other exclusionary factors. a matter of good practice. State law may mandate criminal background checks for certain categories

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 19 of individuals such as daycare teachers and health- Interviews. Conduct in-person interviews with care professionals. Effective screening and selection applicants. Emphasize the robust supervision that processes can incorporate many other protections employees will receive in their interactions with beyond criminal background checks. children. Pose questions about specific scenarios and solicit the candidate’s response. Think Tank Advertising. A job advertisement that emphasizes the participant Dr. Benjamin Saunders (Professor opportunity to work independently and creatively and Associate Director, National Crime Victims with children has the potential to attract molesters. Research and Treatment Center, Department of Consider, instead, stressing in an advertisement that Psychiatry and Behavioral Sciences, Medical Uni- the incumbent will receive excellent supervision and versity of South Carolina) suggests presenting these support and will work as part of a professional team. sample scenarios to an applicant and asking how they would react if they witnessed the following: Application forms. Signal on the application that you take the process seriously. Include language • Hug between a staff member and a child such as: • Staff member taking a special interest in a child • Staff member bending the rules for a child “I understand that every statement on this • Staff member kissing a child on the cheek application is subject to independent verifi- • Staff member taking a child to the store alone cation and that failure to provide a truthful • Child stating that he is afraid of a staff member answer will result in consequences, up to and • A child being sexual with another child including refusal to consider the application or dismissal if accepted for position.” The same questions may be used for volunteers.

Use application forms for all hiring and also con- Reference checks. Have conversations with people sider using application forms for volunteers. Two who know the candidate both professionally and Think Tank participants reported that their institu- personally. Inquire about topics such as the candi- tions require applications from volunteers. Volunteer date’s ability to maintain healthy boundaries with application forms are also common in youth-serving kids and his or her respect for rules. Ask whether any organizations such as 4-H Clubs. See a sample vol- complaints or allegations about possible child abuse unteer application form in Appendix B. arose, whether or not they were investigated, and, if investigated, the outcome. Ask whether they have Screening. While it is helpful for a candidate to have any reservations about having the individual work a background in working with children, exercise with children. Also ask “Is there anything else I should

Training has the added benefit of signaling to potential abusers that the institution is serious about protecting children.

caution with someone who works with many youth know about this candidate before I make my decision?” organizations. One serial molester worked with six This is a better question than “is there anything else youth groups simultaneously. Another alleged mo- you would like to share,” because most people would lester started his own group serving underprivileged not like to share suspicions about molestation. children. Be on the alert for candidates who convey the attitude that “children meet my needs” or who A manager seeking to fill a vacant position may be seem to enjoy interacting with children more than tempted to proceed hastily, taking shortcuts in the with adults. hiring process that can lead to critical mistakes.

20 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice In one situation, the last-minute substitute for a during regular meetings, offer special in-person counselor at a summer soccer camp proved to be a training sessions, and rely on computer-based train- child molester. Institutions should hold hiring of- ing. While computer-based training can be conve- ficials accountable for thoroughly vetting candidates. nient to implement and monitor, it may not engage participants as fully as a live, multi-media session. Conduct ongoing training programs to reduce Computer-based training also does not offer the the risk of molestation and increase the chance institution useful feedback from frontline staff and of receiving reports of concerns and suspicions. deprives participants of the opportunity to interact At a bare minimum, a training program would with peers. Training must be repeated over time and provide adults with information on the manda- kept fresh to engage participants. A variety of topics tory reporting of child abuse and neglect. Every and formats will deepen appreciation of the message. state has a law requiring adults to report suspicions of child abuse, including molestation, to a state State law may impose training obligations. Texas agency—typically either the police or child welfare recently adopted a statute, for example, requiring all authorities. In some states, only designated profes- volunteers and employees who work with children sionals such as teachers, counselors, and doctors at Texas higher education institutions to complete a are required to report. In other states, all adults are sexual abuse and child molestation awareness train- mandatory reporters. If the abuse occurred in an- ing course approved by the Department of State other jurisdiction, a state may accept a report from Health Services. Institutions should retain for an the professional or may direct the reporting person extended period of time documentation showing the to authorities in the location of the abuse. Laws on content of training and the recipients of training. mandatory reporting change from time to time, so institutions and trainers should check on current legal requirements before explaining who is or is not a mandatory reporter. (See more under point 7 below.) Why Organizations Fail to Address Molestation Training confined simply to mandatory reporting is insufficient—training should focus on prevention Think Tank participant Dr. Benjamin Saunders as well. Topics might include, for example: signs of explained some reasons why youth-serving child abuse and molestation, information on how organizations fail to take steps to prevent molesters operate, appropriate boundaries with molestation: children, safety and ethics responsibilities, reporting procedures, and employee discipline and dismissal • Lack of knowledge about the scope of the for rule violations. Each individual should learn problem and the potential for great harm how to remain vigilant and take action if • Attitude of “it can’t happen here” suspicions of child abuse arise. Training has the • Embarrassment in even discussing the issue added benefit of signaling to potential abusers that • Fear of offending employees and volunteers the institution is serious about protecting children. By heightening awareness through continual • Fear of complaints and lawsuits training, “hardening the target,” the institution • Lack of understanding of legal obligations can discourage potential abusers from pursuing • Lack of understanding about the liability their goal and may in fact drive them to seek other exposure for negligence, in failing to meet employment or avenues outside the institution the legal obligations in which to pursue their activities. • Simply not knowing what to do Institutions can use a variety of training approaches. They can distribute publications, provide updates

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 21 These records may prove invaluable decades later Invite program “consumers” to participate for defense of a lawsuit. in preventing child sexual abuse. Programs hosted by higher education institutions Follow good protocols for serve not only the children but also their parents monitoring and supervision. and guardians. The institution can educate parents Whether program managers are volunteers or paid and guardians on program rules and expectations. staff members, they need to understand that youth- If, for example, staff must not give expensive gifts to serving programs require more monitoring and children, the institution should advise families about supervision than programs for college students this rule. Then if a child receives a gift of more than or adult populations. Ideas for monitoring and nominal value, the parent will know to bring the supervision include: matter to the institution’s attention.

• Hold frequent discussions of rules and The institution can educate parents and guardians boundaries. These conversations might on the signs of child abuse and sexual assault. Invite occur during regular team meetings. Include them to raise any concerns, and advise them about elements such as adherence to rules, respect the various ways to contact the institution. A chil- for boundaries, and an organizational culture dren’s hospital that discovered a staff member had of protecting children. been sexually abusing patients changed its policies • Conduct unannounced checks on interactions to increase the role of parents. It began offering, for between adults and youth. At a children’s hos- example, in-room food service at the hospital for pital, the staff make unannounced rounds. In a parents and required the presence of an adult care- music program, the director announces that she giver during any home visit. makes occasional random visits as teachers are giving individual lessons. Develop and maintain • Hold staff and volunteers accountable for rule internal feedback systems. violations they commit. If, for example, a pro- A survey found that about 85% of sexual assaults gram has a rule prohibiting an adult (other than against teens went unreported. A college or uni- a parent) from undressing in the presence of a versity should maintain a variety of ways to receive

A college or university should maintain a variety of ways to receive feedback from staff, parents, volunteers, youth, and others who may have concerns about potential molestation. Having at least one anonymous reporting mechanism can be helpful.

child, dismiss a staff member or volunteer for feedback from staff, parents, volunteers, youth, violating the rule. and others who may have concerns about potential molestation. All adults should be alert to unusual Another element of supervision and monitoring statements or behavior from children, including fear is allowing adults to request exceptions to existing at being alone with a particular person. Program policies. An adult may have an unusual reason, for directors should convey their openness to receiving example, to transport a single child, by automobile. concerns and complaints. Having at least one anony- Program managers can evaluate requests in advance mous reporting mechanism can be helpful. An in- on a case-by-case basis, granting or denying excep- stitution could advise parents, staff, and others that tions as appropriate. its ethics hotline, whether telephonic or computer- based, can be used for concerns about molestation.

22 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Respond effectively to suspicions State law may grant immunity to a defined manda- and allegations of child molestation. tory reporter who makes a good faith report, even if In addressing child molestation, the worst approach the report later proves to be incorrect. It may be un- an institution can take is to place the highest priority clear, however, whether immunity would extend to on preserving its own reputation. Efforts to down- someone outside the group of mandatory reporters play or hide allegations will likely fail, leading to defined in state law. Sometimes it becomes necessary a loss of public trust and enormous potential legal to “pick your lawsuit.” An institution may prefer to liability. The first priority must be to protect the child. defend someone outside the scope of legal mandatory reporting rather than to defend itself against a It is important to know the state’s mandatory molestation charge. reporting law. State laws listing “teachers” as mandatory reporters may be ambiguous as to whether the Consider another complication that might arise in term covers university faculty. The Illinois legislature a state requiring individuals to report abuse allega- recently passed a bill clarifying this point. It explicit- tions to police. If an institution’s public safety staff ly added college and university employees to the list members are sworn police officers, could they receive of mandated reporters. Some states take a broader a molestation report? The technical answer is approach. Rather than defining certain mandated probably yes, although the better course may be reporters in their child welfare laws, they require to report to a police authority external to the any person to report child abuse to a designated state institution. This would avoid potential conflicts of agency. A summary of state laws on mandatory reporting of child abuse is available from the federal Child Information Gateway at www.childwelfare. gov/responding/how.cfm. In the Courts An institution’s internal policies must be at least as strong as the state law. One university, located in A five-year-old eating in a dining hall with a a state designating a limited number of mandatory parent was raped by a campus employee while reporters, decided to broaden its own institutional going alone to the restroom. The court found policy after it faced severe allegations of child moles- that the institution owed a duty to the child as tation. The university now requires anyone with a business invitee. a concern about child abuse to report externally to McMahan v. Crutchfield, 1997 WL 16338 the state. (Wash. App. Div. 2 1997)

Molesters are typically charismatic and skilled at A student working as a counselor at a manipulating the children and adults around them. university-sponsored camp raped a camper. This can complicate the decision whether to report, Dismuke v. Quaynor, 637 So. 2d 555 (La. App. yet a child’s welfare must take precedence. Individu- 1994), rev. denied, 639 So. 2d 1164 (La. 1994) als in highly responsible positions, including university administrators, distinguished faculty, and suc- A contracted bus driver dropped off some cessful athletics leaders, have molested children. No participants in a youth sports program at the matter how lofty a position the accused individual wrong campus building. Several of the partici- holds, or how charming or responsible he or she is, pants raped another participant while they were institutions must take allegations seriously. unsupervised. Reporting child abuse can raise legal issues. Legal Glover v. Jackson State University, 968 So. 2d counsel should consider, among other concerns, 1267 (Miss. 2007) potential risks if the institution designates a broader class of mandatory reporters than exists in state law.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 23 interest in the campus police investigating a member Consistently enforce policies. Colleges and universi- of the campus community, such as a high-ranking ties often suffer “policy fatigue” and ignore policies or high-profile individual. after they have been adopted. Laxity is unacceptable in matters of molestation prevention and response. Responding effectively to suspicions of abuse Responsible individuals should oversee the thor- requires the institution to conduct a thorough oughness of hiring practices, the effectiveness of internal investigation. Think Tank participants training, the education of parents and guardians, agreed that a police investigation does not suffice— the consistency of discipline for rule infractions, the although the internal investigation must coordinate availability of multiple reporting mechanisms, and with the police investigation. The institution has the institutional response to molestation suspicions its own responsibility to protect children, maintain or charges. a nurturing climate for them, address allegations

Because child sexual abuse cases are often complex and arise infrequently, an institution may be well advised to enlist assistance from external experts rather than having existing staff members conduct the investigation.

against members of the university community, It is best if a single individual is designated as the and learn from past mistakes. ultimate “owner” of child welfare policies and procedures. Other people, probably spread throughout Because child sexual abuse matters are often the campus, can perform various functions under complex and arise infrequently, an institution may the general auspices of the issue owner. be well advised to enlist assistance from external experts rather than relying on existing staff members Institute and enforce third-party requirements. A to conduct the investigation, manage the media, major issue for many institutions is the management and perform related tasks. of third-party use of campus facilities. An individual or group may, for example, operate a summer sports Follow sound administrative practices. camp, or run or rent a swimming pool on a weekly Many different administrative elements can aid in basis. In the past such arrangements may have been combating molestation. informal, yet they pose significant risks of child molestation. Data suggest that about 20 percent of Actively manage private spaces. Since molesters victims of campus sexual abuse claims are campers. seek privacy with children, campuses can examine Responsible institutions will impose requirements how they manage access to private spaces. Door on third-party users that might include, among locks are one option. Facilities staff might lock other features: background checks for staff work- closets, sheds, and other outbuildings. If classrooms ing with children, training requirements, insurance have doors that can lock from the inside (many coverage for molestation at acceptable limits, and of these were installed after the 2007 Virginia Tech indemnification provisions. tragedy), a policy might limit their use to emergency situations. Visibility limits privacy. A hospital A molester may be a contractor present on campus installed new privacy curtains in patient areas to perform a specific function. Institutions may that covered caregivers only from chest to ankle. wish to consider imposing on contractors require- A window may be installed in or alongside a ments such as background checks and insurance classroom door, and staff may be prohibited from coverage similar to those for camps. Many institu- covering such windows with posters, artwork, or tions require contractors to wear badges while on other obstructions. the institution’s premises.

24 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Have a plan for, and seek help with, media The language of your institution’s specific policies management. Should a molestation issue arise, becomes important. A 2005 report from the rein- a college or university should consider top-notch surance company American Re contrasted sample assistance with the media. In these high-profile, language from two policies:9 high-stakes situations, immediately enlisting external experts can be important to managing regardless of the number of acts of sexual the institution’s reputation. misconduct, the period of time over which such acts occur, or number of persons acted Regularly review policies and lessons learned. upon, all injury arising out of all acts of sexual Sound risk management incorporates continuous misconduct by the same person, or by two or review. An institution should periodically review and more persons acting together, will be consid- update its policies, training, reporting mechanisms, ered one claim, subject to the each claim limit and response protocols. After any incident or near- of insurance in force at the time the first act miss, a debriefing on “lessons learned” can guide covered by this or any other policy issued by future improvements. A regularly scheduled review us occurred. of the child protection culture can work to an institution’s great advantage. Another policy provided:

Understand and designate financial incidents related to or arising out of sexual resources ahead of time to address incidents. molestation, whether committed by one or Institutions use a variety of risk financing methods and techniques to handle sexual abuse incidents. Key matters needing advance attention 9 “Coverage and Liability Issues in Sexual Misconduct Claims,” by are exclusions in insurance policies and policy Catalina Sugayan, at p. 3. Full text available at http://www.ficurma. org/misc/sexual_misconduct_claims.pdf (2005) monetary limits. (Last visited 3/29/2012).

Molestation claims can be expensive, as the experience of the Catholic Church shows. The Church reportedly has spent $2-3 billion on defense of child Defending a Molestation Lawsuit molestation cases. Awards continue to climb as numerous plaintiffs’ attorneys around the country Think Tank participant Mark Chopko suggests now have considerable experience in litigating abuse that the successful defense of a molestation cases. Campus financial officers and risk manag- lawsuit will focus on these points: ers must be attentive to insurance arrangements for sexual abuse and molestation. Some insurance • Did you follow your policies? policies exclude coverage for abuse and molestation claims. Others may provide coverage but only at low • Did you “show your work,” or maintain levels of liability. good documentation of the processes and operations? Another wrinkle is the timing of the abuse relative • Is your documentation complete to the time period covered by the policy. One of and organized? Penn State University’s insurers went to court early • Did you promptly report? in 2012 to seek a declaratory judgment that it would not be obliged to defend the university for mo- • Are you in hiding, unavailable to comment lestation, except for abuse begun during a narrow on media reports or claims? window of time before March 1, 1992. The carrier • Was following your policies enough? maintains that policies it sold to Penn State in other years excluded molestation coverage.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 25 more individuals, and irrespective of the num- to bring a lawsuit many years after the event. ber of incidents or injuries, or the time period Several Think Tank participants reported or area over which incidents or injuries occur, crawling around dusty records in storage shall be treated as a separate occurrence for to try to identify insurance coverage from each victim. past decades. • Know whether your policies include or exclude Notice the distinctions being drawn in these coverage for sexual abuse and molestation. Is two policy excerpts between the number of acts coverage provided on a claims made or occur- constituting an occurrence, with resulting effects rence basis?10 on both limits available and deductibles or • If the policies do cover sexual abuse and retentions to be paid. “Insurance, Risk Transfer molestation, understand the dollar limits

Retain all insurance policies indefinitely. A minor who is abused may have the right to bring a lawsuit many years after the event. Several Think Tank participants reported crawling around dusty records in storage to try to identify insurance coverage from past decades.

and Financing” for more details on appropriate on the coverage and how the limits would insurance clauses. be calculated. • Understand how your policies would apply, Institutions typically carry excess insurance above if at all, to alleged wrongdoers. Wrongdoers the limits of their basic policies. As a general mat- include both alleged perpetrators and campus ter, excess policies will typically, and automatically, personnel who may have had a legal duty to cover everything included in the basic policy. This report molestation and failed to do so. is known as “following form.” Some excess carriers • Understand the institution’s responsibilities, are now excluding sexual abuse coverage, even if the as well as its rights, under its insurance underlying policy includes such coverage. policies. A critical responsibility is timely reporting of a molestation incident or claim. Understandably, insurance policies tend to exclude Batch reporting for multiple claims may, or wrongdoers—particularly known and/or intentional may not, be the best option. wrongdoers—from coverage. In situations of molestation, the wrongdoers are the perpetrator (or Lawsuits over child molestation typically claim that perpetrators) and any individuals who neglected a the youth-serving program was negligent in screen- mandatory duty to report child abuse to government ing staff or volunteers, in training its personnel, in authorities. Insurers will not cover liability claims supervision, in retaining a molester after reasonable against such individual wrongdoers. Occasionally suspicions arose, and in conducting a flawed internal they will defray the costs of a wrongdoer’s defense, investigation. until proven guilty. As a matter of public policy, insurance policies do not cover fines, which are designed to punish wrongdoers. 10 Policies may include, but are not limited to, Commercial General Think Tank members offered these suggestions: Liability, standalone Sexual Abuse and Molestation coverage, Excess Liability or Umbrella Liability, separate policies for camps, special events, Greek organizations, etc., Foreign Liability, and policies • Retain all insurance policies indefinitely. required of third parties where the institution has been named as an A minor who is abused may have the right Additional Insured.

26 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice :::::::: Loss Control: Best Practices ::::::::

The children, left to themselves, had begun cooking raspberries over the candles, and squirting milk into each other’s mouths with a syringe. —Leo Tolstoy (1828–1910), Аnna Karenina, Part VIII, Chapter XIII

Unlike Tolstoy’s fictional children, minors on our an example of a policy, provided courtesy campuses should generally not be left to themselves. of The Pennsylvania State University.) Avoiding “inadequate supervision” is a fundamental Note how your policies and procedures principle of good loss control for managing the risk may conflict with the related policies of minors on campus. As we are presented with such and procedures of outside entities (for a wide array of exposures, along with a daunting list example, schools hosting student teach- of hazards that increase the risks, it is something of ers). Determine how you will resolve a relief to note that only a few critical loss control such conflicts. practices will address almost all the issues of greatest b. Identify risk owners of programs that concern. The areas on which to focus are: involve minors (a program advocate) c. Develop and provide training for those 1. Facilities design, maintenance who work with minors and management i. Note that, where minors and sexual- 2. Policies ity are concerned, training topics can 3. Procedures, including background be sensitive and difficult to deliver. and reference checks ii. Train mandatory reporting officers 4. Supervision on any specific obligations they 5. Training may have. 6. Consistency of policies, application iii. Train students who work with mi- via procedures, and training nors; for example, as student teachers 7. Reputation, reputation, reputation or counselors. iv. Expect to see, over and over again, Appendix D is a simple spreadsheet to which the the inexperience of the receiver of Think Tank participants contributed. It attempts the information in appropriately to prioritize risks and shows the difficulty of imple- acknowledging it. Disbelief, menting loss control measures. While it is basic, it de-emphasis, lack of action, and provides a glimpse of the type of analysis each insti- similar reactions are common among tution should perform. The appropriate loss control those who have not yet absorbed the measures do, indeed, hinge primarily on the seven seriousness of careful preparation for major areas above. minors under their care. v. Training will likely be different for Here are some fundamental steps for loss control as groups such as: related to minors: 1. Coaches 2. Chancellors and general counsel 1. Create a plan for risk mitigation: 3. Students 4. Others a. Establish strong policies and procedures d. Create an application process for volun- for working with minors. (Appendix C is teers and employees who will interact

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 27 with minors. Notify candidates of this decide whether alternative measures such process both before they apply and as strong policies, screening, and training during the process of screening. are an acceptable substitute. Develop and (This is called a “basic screen strategy.”). maintain sound procedures for reporting Include personal interviews in the and investigations. process. e. Monitor and supervise: hold program 4. Check to make sure your insurance policies managers accountable for following cover sexual abuse and molestation of mi- institutional policies. nors. (See section below on “Insurance, Risk Transfer and Financing.”) Determine what 2. Conduct reference checks and, as appropri- requirements you will impose on outside ate, criminal background checks appropriate programs, conference groups, and other third to the level of contact people will have with parties. Consider endorsements, exclusions, minors. While there are tremendous weak- and limits adequate to address the risks. If nesses in the criminal background check outside groups are unable or unwilling to system, not doing a basic check for people obtain a sexual molestation endorsement, who work with minors leaves the institu- decide whether alternative measures such tion vulnerable. Make sure you understand as strong policies, screening, and training

Create an application process for volunteers and employees who will interact with minors. Notify candidates of this process both pre- and during the process of screening (this is called a “basic screen strategy”).

the laws applicable to reference and criminal are an acceptable substitute. Develop and background checks before implementing maintain sound procedures for reporting a program. Confer with legal counsel as and investigations. needed. Sometimes an outside entity engaging students, such as a nursing home or a. Know the requirements for mandatory school, will require background checks. The reporting of sexual or physical abuse in contract between the institution and the out- every state and country in which the side entity should clearly specify which party institution operates. bears financial costs for the checks and which b. Have institutional policies at least as analyzes the results. (See Appendix A for more strong as the mandatory reporting laws, on background checks.) written in simple and clear language. (Perhaps an institutional policy will be 3. Check to make sure your insurance policies that “it doesn’t matter who is a ‘manda- cover sexual abuse and molestation of mi- tory reporter’ under the law; you are to nors. (See section below on “Insurance, Risk report!”) The policy should also define Transfer and Financing.”) Determine what the reporting role of volunteers. Make requirements you will impose on outside a distinction among different types of programs, conference groups, and other third reports—internal, legal, parental, public, parties. Consider endorsements, exclusions, and insurance reporting. and limits adequate to address the risks. i. Maintain clear distinctions between If outside groups are unable or unwilling types of observations; e.g., “wit- to obtain a sexual molestation endorsement, nessed suspicious behavior,” “heard

28 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice about improper activity,” and “saw common. A mismatch between facilities improper activity” and users is a risk, and a common source of ii. Know how immunity provisions in claims involving minors. Good risk manage- your state apply to non-mandatory ment involves in-person inspections and reporters visits to understand how programs, facilities c. Decide in advance on the role of campus and events are being managed. Ask yourself: public safety officers in receiving and “Would I let my family member participate investigating reports of injury to, and in this program?” molestation of, minors. 8. Understand your state’s legal doctrine of “in 5. Understand attorney-client privilege laws loco parentis” as it applies to minors involved and their meanings, and know what sorts of with your institution. What is your duty of records, communications and conversations care to them? are privileged and which are not. Know your mission. Be able to say “no” to 6. Have a communication plan to follow up programs and ideas involving minors that do not on internal reports. Decide when to contact fit well with that mission and bring more negative legal counsel, the risk manager, and others. risk than benefit. Who else will be contacted, and in what order? Who will contact parents? Consider de- veloping a basic flyer or handout for parents and guardians of minors participating in in- Takeaway: Develop institutional policies stitutional programs regarding how to report and procedures for interacting with minors. and what to report for incidents. Include Develop a system of background checks, ways to report injuries, dangerous situations, including scope, vendor, and disqualification etc. Take a positive approach: “Welcome to criteria, and implement appropriate back- camp! Here is our 24-hour response hotline!” ground checks particularly for those who Make sure that a well-trained person is avail- interact with minors. Provide appropriate able to respond. (You may wish to require all training. Set up a hotline or other easy camps and similar programs to provide a cell route for reporting incidents. Conduct phone number that will always be answered.) timely and appropriate investigations of Provide a second number as well. allegations of injury or abuse. Know when and how to protect documents related to 7. Remember that, while sexual molestation/ incidents and investigations under attorney- abuse cases attract much attention, simple client privilege. bodily injury to minors is much more

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 29 :::::::: Response and Recovery: Post-incident Best Practices ::::::::

There never was a time when a major social problem was solved by beating a child. And there never will be such a time… For centuries adults have injured children and have lied about it, and other adults have heard those lies and then merely turned away. —U. S. Surgeon General Dr. C. Everett Koop, 1989

After harm occurs to a minor, the family and, in managing your message specifically through high-profile situations, the public, will judge the social media. Consider hiring a professional institution largely on the adequacy of its response. crisis communications team for assistance— The first step is an effective emergency response sooner rather than later! suited to the circumstances. The next step is effective communication with the family and then, as needed, a. Many institutions wait too long to the media. Here are some essential points the Think do this. Tank participants determined were most important: b. You may have insurance policy coverage for this. (Find out ahead of time. You Things to Do: may want to obtain this if you don’t have it.) 1. Integrate a harm-to-a-minor scenario into c. Consider assigning a PR expert exclusive the institution’s crisis communication plan. to social media.

a. Defineahead of time who should 3. Have, and follow, institutional policies and be communicating, and to whom. procedures for responding to the situation. b. Have a plan to push information out to designated internal and external 4. Have a designated crisis/management team, individuals and audiences. In effect, pre-chosen and prepared for such incidents. identify stakeholders in advance and assess their needs. a. Consider adding an outside party to c. Know and follow statutes governing prevent “groupthink.” Do not assume timeliness and content of communica- you can be sufficiently impersonal and tion about incidents, such as the Clery unbiased to overcome groupthink! Act’s requirements on timely warnings. b. Practice and train with tabletops, simu- d. Plan and prepare so you will be commu- lations, and walk-through drills involv- nicating before people are expecting it, ing incidents with minors. Training in not after. advance is critical, not just for staff but e. Know and define what has been also for administrators and trustees reported. c. Consider adopting the National Incident f. Explain what the institution is doing Management System (NIMS) for situa- about the problem. tion management. Adapt your response plan to the roles in that incident man- 2. Understand the power of social media. agement system. The “news cycle” has accelerated into virtual d. Communicate very broadly to every nonexistence because of instant communica- conceivable constituency, with a message tions. You may need an internal PR expert on appropriate to the group.

30 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice e. Make sure your plan includes the timely 2. Fail to launch an appropriate, timely provision of information, assistance, and investigation. support to the victims and families of the victims. 3. Fail to have collected basic waivers, releases, and parental permissions for involvement. 5. Promptly begin an appropriate investigative process. 4. Fail to have standard policies and procedures that are clear, widely distributed, and a. Identify triggers that start the investiga- enforced. tion, such as receipt of a report. b. Know laws and requirements for involv- 5. Fail to have standard expectations and training outside law enforcement. You will ing across the institution for programs and need to work closely with the police, and relationships that involve minors. if possible work out a standard investigation plan with them ahead of time. Title 6. Be the institution in your area that has the IX requires the institution to perform an most lax standards for minor involvement. investigation, but this may conflict in timing or scope with law enforcement’s 7. Fail to maintain your facilities and equip- perceptions of procedures such as who ment, and make sure they are safe and interviews witnesses, and when. It is es- appropriate for minors if they will be used sential to have a mutually agreeable plan by minors. in place in advance. c. Consider using an outside firm to man- Things to Know: age interview processes and other elements of the institution’s investigation. 1. In cases of major allegations, such as assault on minors or deaths, expect higher levels 6. Always debrief afterwards, and prepare an of media exposure than a typical public “after action report” for future reference. relations department commonly handles.

Have a plan for, and seek help with, media management. A college or university should consider top-notch assistance with the media in high-profile, high-stakes situations. Immediately enlisting external experts can be important to managing the institution’s reputation.

7. Evaluate very carefully your rights and re- 2. “Second hit” syndrome results from members sponsibilities under your insurance policies. of the news media circling back, looking for There is conflicting case law on what carriers additional or related stories in and around must provide. (See section VIII below on the institution. “Insurance, Risk Transfer and Financing” for specific terms and clauses to seek.) 3. There may be a significant lag time between an event involving harm to a minor and the Things Not to Do: institution’s first notice of it. This delay tends to lead some people downplay the need for 1. Assume you have adequate and sufficient investigation. The best course is to investigate internal and local public relations staff for to the extent possible. major incidents.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 31 4. “Minors are never wrong” in the media— 5. Don’t be afraid to avail yourself of the they are very sympathetic witnesses and resources and professionals available on victims. your campus in fashioning the response to an incident. Faculty in psychology or social Things to Remember: work, for example, can help the institution improve and reduce future risks 1. After an incident, provide support for the family. Identify a point of contact for them. 6. Institutional policies and procedures are Solicit the family’s advice on what would be not static. Keep track of the changes. most helpful to them. The Catholic Church, Educate staff and volunteers about policy for example, now has a victim advocacy coor- changes. Monitor practices and procedures dinator in every diocese. as they evolve.

2. “Alleged perpetrators,” “respondents,” and 7. Handling an incident well, rather than other accused parties (by whatever names poorly, can enhance your institution’s reputa- your policies use) have rights too. Your tion even if the incident is a really bad one. institutional investigative process probably have a lower standard of proof than the criminal standard of “beyond a reasonable Takeaway: Integrate a “response to harm doubt.” Nevertheless, given the possibility to minors” into your general emergency of false allegations, you must proceed response and communications plans. Make with caution with investigations and sure everyone on the team knows their roles public statements. regarding communication with all stake- holder groups, especially including the fam- 3. You may have an obligation to report to your ily of the minor involved. Assume you will insurance carriers news of incidents, as well need outside public relations help for any as actual claims, to protect your rights under significant injury to or abuse of a minor. In insurance policies. advance, arrange with outside firms for these services. Determine whether your insurance 4. In incidents involving serious harm to company might pay for them as part of cov- minors, such as injury, death, or sexual erage. Investigate any incidents thoroughly, abuse, insurance is one of the least important promptly and fairly. players in your institutional response.

32 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice :::::::: Insurance, Risk Transfer and Financing ::::::::

There are many ways to finance the potential eco- terms are defined, and reporting requirements are nomic loss arising from injury to a minor in your amended can make it difficult to fully grasp under- care, custody and (hopefully) control. Self-insurance, writers’ intentions—and your own institutional contractual transfer, excess insurance above identi- responsibilities. fied retention levels, first-dollar insurance coverage, or a combination of these approaches are some of Contractual Risk Transfer the more common ways to finance this risk. Each in- Use of campus facilities by third-party organizations stitution will have a different perspective depending working with minors presents a classic risk/reward on its individual risk factors, risk treatment practices, scenario for the campus “risk manager” (whoever the local legal environment, and financial ability to is performing that function, titled or not). The assume loss. This section offers a process for better ability of colleges and universities to use their facili- understanding and evaluating the key coverage pro- ties to encourage exploration and engagement in

The trend in the industry is for insurance carriers to specifically address, either in the policy form or by special endorsement, the questions of how and for whom coverage applies regarding allegations of sexual abuse and molestation.

visions controlling how your policies would respond young people is a hallmark of higher education. In to claims arising out of injury to minors. addition to promoting the development of minors in educational and athletic pursuits, this builds good- With the important exception for sexual abuse and will in the community, creates strong bonds between molestation, commercial general liability (CGL) participants and the institution and, in many cases, policies make no distinction between bodily injury provides a useful revenue stream during times when specifically to minors and bodily injury to any other campus facilities are underutilized. third party. Some CGL policies are said to “remain silent” on the issue of coverage for sexual abuse and With appropriate oversight and risk management molestation because they make no reference to mi- procedures, including the fundamental recogni- nors or to the terms “sexual abuse” or “molestation.” tion that most campus facilities are not designed However, the trend in the industry is for insurance for minors, these events can be carried out with a carriers to specifically address, either in the policy high probability of success. Risk financing, the final form or by special endorsement, the questions of backstop, helps institutions cope with the economic how and for whom coverage applies regarding impact of an unexpected event. To begin the process allegations of sexual abuse and molestation. of selecting appropriate contractual risk transfer practices, we encourage institutions to weigh the When it comes to “sexual abuse and molestation” risks associated with different types of events. Not coverage, the one constant is that there is no all activities pose the same challenges, nor require consistency among carriers in how coverage is the same level of risk transfer. provided. The good news is that the major markets serving the higher education community offer some Of course, there are cost implications attached form of coverage for this peril. The bad news is that to differing levels of risk transfer. Institutions the disparate ways in how coverage is triggered, might consider the following insurance requirements

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 33 for events classified as high, medium and low requiring copies of the policies in order to confirm risk:11 additional insured status, claim reporting requirements and defense provisions. All claims made High Risk against the third party organization must also be • Commercial General Liability – $1,000,000/ reported to the Institution. occurrence with a $3,000,000 aggregate • Sexual Abuse/Molestation – $1,000,000/ Coverage Questions to Ask Before a Sexual occurrence with a $2,000,000 aggregate Abuse and Molestation Incident Arises • Automobile Liability (if exposure exists) – It is impractical for the Study Group to address risk $1,000,000 each accident financing strategies for all individual colleges and • Umbrella/Excess Liability – $1,000,000 to universities. However, because of the diverse ways $5,000,000/occurrence depending on insurance carriers have chosen to offer Sexual Abuse perception of risk and Molestation coverage (SAM), we thought it • Workers Compensation with appropriate might be helpful to highlight important coverage Employers Liability limits provisions so that they may be considered in the • Participant Medical Expense and Accident – context of your Institution’s unique risk profile. $25,000 per accident, $0 Deductible; Primary Basis 1. Does our Commercial General Liability policy specifically address coverage forSAM ? Medium Risk • Commercial General Liability – $1,000,000/ a. If not, do we have a separate policy occurrence with a $2,000,000 aggregate specifically forSAM ? • Sexual Abuse/Molestation – $1,000,000/ b. If our policy is silent, is there a clear under- occurrence with a $2,000,000 aggregate standing with our carrier that coverage may • Automobile Liability – $1,000,000 each be available for SAM subject to other terms accident and conditions? Clarify coverage intentions • Workers Compensation with appropriate as respects: Employers Liability limits i. Separation of Insureds • Participant Medical Expense and Accident – ii. How the definition of “occurrence”12 and $25,000 per accident; $0 Deductible; the exclusion of “expected and intended Primary Basis acts” will apply in event of a SAM. iii. Inclusion of expanded Bodily Injury Low Risk wording adding mental injury and • Commercial General Liability – $1,000,000/ emotional distress occurrence with a $2,000,000 aggregate iv. Whether Crisis Response coverage would • Sexual Abuse/Molestation – $1,000,000/ be triggered for this type of event occurrence with a $2,000,000 aggregate v. Deleting the “fellow employee” exclusion • Automobile Liability (if exposure exists) – $1,000,000 each accident 2. If SAM coverage is written on a separate policy or if included in your CGL policy, by reference In all situations, the college or university should or endorsement, consider the following: require that the institution be named as an additional insured on the General Liability policy a. Are separate limits provided? and, if written as a separate coverage, on the Sexual Abuse and Molestation policy. We recommend 11 Specific coverage requirements wording has been intentionally

ISO CG omitted, as policies differ significantly. requiring endorsement 2010 or equivalent 12 The definition of “occurrence” commonly incorporates reference for obtaining Additional Insured status. For High to an accident. SAM is not accidental; thus a discussion of how Risk camps, the institutions may want to consider coverage will respond is required.

34 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice b. Is coverage changed from occurrence to m. Does the Insured retain the right to appoint claims-made? If claims-made, is there a counsel? retroactive date? n. Does the Insurer have the right to settle the c. Is the occurrence definition amended or claim at their sole discretion? replaced? If so, does it tie the occurrence to o. How does coverage territory apply? If cover- i. Each perpetrator age is not worldwide, is other coverage avail- ii. The perpetrator or perpetrators if acting able for suits brought outside the U.S., its in concert territories, and Canada? iii. Each victim p. Is Crisis Response coverage triggered by All of the above terms have different allegations of a SAM event? implications relative to how limits apply q. Review all Umbrella/Excess Liability policies and how your deductible or self-insured to ensure they “follow form” with the SAM retention will respond. provisions contained in underlying insurance d. What constitutes “knowledge” of a claim/ contracts. Reporting requirements for um- occurrence? brella/excess policies may require the same e. Does coverage “pay on behalf of” or indem- claim reporting procedures as dictated in the nify the Insured? underlying policies… Make sure you put f. What are the institution’s responsibilities for all carriers on notice when you first become reporting a claim/occurrence? Must a report aware of a SAM claim or occurrence. be in writing? Is there a specified time frame r. Does your Educators’ Legal Liability policy for reporting? have a specific exclusion for SAM? If so, g. Who is responsible for reporting a claim? attempt to eliminate this exclusion by hav- Are the policy provisions broader, or more ing the carrier rely on existing bodily injury, restrictive, than any State-specified reporting personal injury and advertising injury exclu- requirements? How is coverage affected if sions to clarify coverage. these individuals fail to report? h. How does coverage respond to SAM The above abbreviated list does not do justice to the allegations against individual Insureds? complexity of coverage triggers, coverage grants, i. Is coverage excluded for perpetrators? exclusions, self-insurance, and legal precedence that j. Is coverage excluded for those who knew arise with a sexual abuse or molestation claim. A of an event, but failed to report it? close partnership between your institution, your k. How does coverage for defense cost work? carrier(s) and your broker is critical to protecting i. Are defense costs covered until final ad- your coverage rights, ensuring proper legal repre- judication determines individual(s) was sentation, and receiving prompt reimbursement of guilty? In this situation be sure defense expenses in accordance with policy provisions. is also available to those alleged to have failed to report a claim/occurrence. ii. If defense costs are not provided for those referenced, are defense costs reim- Takeaway: Determine what standards and bursable if final adjudication determines terms you need in your insurance policies individual(s) did not engage in or did not to make sure your institution and its agents, knowingly fail to report an act of SAM employees, students and volunteers who iii. Have defense provisions been amended to interact with minors are covered for inci- give the carrier the full rights to appoint dents of injury, sexual abuse or molestation, counsel and settle claims—even claims and other risks to minors. Make sure third within your Self Insured Retention? parties using your facilities provide the same l. Is the definition ofSAM limited to minors? protection to your institution. We recommend this added clarification.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 35 :::::::: Summary ::::::::

What’s done to children, they will do to society. —Karl Menninger (1893–1990), American psychiatrist

The essence of a “minor” is the limited ability to teachers and allied health students, as well make mature decisions. When minors do make as travel-abroad programs. decisions, they can choose well, providing opportu- • Student Affairs, including Community nities for maturity and growth—or they can choose Service, Athletics, and Greek Life, for poorly. Minors often also suffer the consequences under-age recruits, sports camps of myriad

Make sure those in charge of specific activities and spaces on campus are aware that they are the risk owners responsible for addressing risk issues for minors, and that they are aware of the several hazards that increase the risks of having minors on campus. of the bad decisions of adults. With bad decisions varieties, sponsored programs such as the and bad outcomes, the institution, and individual Model U.N., and youth mentoring or members of it, may become responsible babysitting programs. for the results. • Health Services and Counseling concerning their treatment protocols and privacy To provide minors with safe experiences in compliance, including graduate students college and university settings, good risk manage- “practicing” on campus or doing off- ment requires that we follow several steps. Below is campus internships. a short summary list of the content of the preceding • Special Events/Advancement regarding “little chapters. These are the basics of good risk manage- sibling,” family visits, reunion childcare ment for minors: programs and the like. • Conference Services for the many off-cam- 1. Determine what constitutes a “minor” in all pus/unaffiliated groups that rent space on jurisdictions of operations, and what duties campus and bring children. of care we owe to them beyond duties owed to adults; This is not a complete list by any means, but it can be an excellent start. 2. Identify where minors are interacting with our programs and on our campuses. Use sur- 3. Make sure those in charge of specific veys or checklists, and have critical conversa- activities and spaces on campus are aware tions with certain likely key players, particu- that they are the risk owners responsible larly: for addressing risk issues for minors, and that they are aware of the several hazards • The Provost and Academic Deans for that increase the risks of having minors academic programs, “Bridge” programs, on campus. This can be a lengthy list, but laboratory assistant programs, student prominent on it are:

36 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice • alcohol and controlled substances consistently provide good training for an • unclear “ownership” of events adequate number of staff per program. • inadequate supervision • unstructured time 5. Insist on appropriate insurance coverage • failure to obtain appropriate releases, terms and limits for our institutions and our waivers and permissions outside contractors and guests, including • transportation coverage for sexual molestation and abuse. • inappropriate facilities Know how claims related to minors would • inadequate staff qualifications and be funded. • the huge risk of sexual molestation and abuse. Most importantly, the well-run institution will maintain vigilance in the fulfilling the duties it owes 4. Practice excellent loss control methods. to minors. It will continuously improve its programs We must keep our facilities in good order, based on expert advice, its own experiences, and the have excellent policies and procedures experiences of other institutions. It will do what is (including background checks) related right, not merely what is expedient. to minors, and enforce them. We must

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 37 :::::::: References ::::::::

Many articles, books, websites and reference works Praesidium, Inc. (Dr. Richard F. Dangel, Ph.D., describe best practices on relating to—and protect- President and CEO). “Praesidium offers ing—minors. Here are a few we found helpful: a full array of abuse risk management and loss control products and services.” American Camp Association. Resources on www.PraesidiumInc.com topics including safety, staffing, training, emergency procedures, and child protection. Safe Kids USA. Nonprofit group devoted to www.acacamps.org child safety, with resources on transportation, playgrounds, recreation, and many other Bickel, Robert D., and Peter F. Lake. The Rights topics. www.safekidsusa.org. and Responsibilities of Modern Universities: Who Assumes the Risk of College Life? Sadler, Blair L. “How A Children’s Hospital Durham: Carolina Academic Press, 1999. Discovered Child Pornographers In Its Midst.” Narrative Matters column in Health Kumin, Laura A., and Linda A. Sharp. Affairs September 2011 (30:1795-1798); “Camps on Campus.” United Educators doi:10.1377/hltha Available online at Risk Retention Group, 1997. content.healthaffairs.org.

McKinney, Kay. “Guidelines for Screening Care United Educators. Educator Sexual Misconduct Providers” Fact Sheet. U. S. Department of Audit Guide. A helpful six-page audit Justice: Office of Justice Programs, Office of checklist, broken into sequential sections f Juvenile Justice and Delinquency Prevention or improving an institutional risk profile (February 1999). re. sexual misconduct. Available (to members only) at www.ue.org “Minors on Campus.” Video presentation, with Risk Assessment Tools and Virtus. The Catholic Church’s carefully Questionnaires, courtesy of Syracuse considered suite of programs for respond- University (http://riskmanagement.syr.edu/ ing to allegations of abuse. “…[D]esigned RiskManagement/display.cfm?content_ to help prevent wrongdoing and promote ID=%23%28%28%3D%2E%0A) ‘rightdoing’”: http://www.virtus.org/virtus/ Contact Dave Pajak at Syracuse for online virtus_description.cfm access to this helpful resource. Wilson, Annette R. “Hosting Campus Minors National Highway Traffic Safety Administration, and Avoiding Major Headaches.” St. Cloud Child Safety web resources. www.nhtsa.gov/ State University, St. Cloud, Minnesota. Safety/CPS. June 28, 2000. National Association of College and University Attorneys, available to members at www.nacua.org.

38 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice :::::::: Appendix A: Criminal Background Checks ::::::::

States typically require criminal background checks subset of these people. A tailored policy might for individuals working in designated positions cover, for example: anyone involved in an overnight such as teachers, counselors, or healthcare profes- program; anyone who may have unsupervised one- sionals. Criminal background checks, however, are on-one contact with a child; and anyone for whom an imperfect way to identify child molesters. Only state law requires a criminal background check. about three to four percent of molesters have crimi- Clinical placement sites may also insist upon nal backgrounds, and background checks themselves background checks.

Regardless of whether institutions conduct criminal background checks, they are well advised to require written employment and volunteer applications, conduct in-person interviews, and check references. These traditional screening mechanisms remain important. are only about 45 percent accurate. Yet the public Most colleges and universities rely on outside generally expects employers to conduct criminal vendors to conduct criminal background checks. background checks on adults who work closely This creates legal obligations under the federal with youth, regardless of state law requirements. Fair Credit Reporting Act. The Federal Trade Commission offers useful guidelines to employers Criminal background checks can serve a comple- on complying with the Act. http://business.ftc.gov/ ment to, but not a substitute for, good practices in privacy-and-security/credit-reporting. The Federal screening applicants and volunteers. Regardless of Trade Commission has taken the position that the whether institutions conduct criminal background Fair Credit Reporting Act may also apply to back- checks, they are well advised to require written ground checks conducted on volunteers.13 employment and volunteer applications, conduct in-person interviews, and check references. These About 20 U.S. vendors have received voluntary traditional screening mechanisms remain important. certification from the National Association of Professional Background Screeners, a nonprofit If you are going to require background checks trade group. Further information is available at for potential employees, volunteers, etc., make www.napbs.com. sure you know what you will do when you “find something”—that is, what criteria you will be using A criminal background check can identify the in- for exclusion, or for further investigation. Back- dividual through name and Social Security number ground checks can be quite onerous—expensive, time-consuming, and potentially inaccurate—yet legal, or social, or reputational obligations may 13 “Forty Years of Experience with the Fair Credit Reporting Act: require them. Think long and hard about when An FTC Staff Report with Summary of Interpretations,” July 2011, and where and why and what you will require for at page 32. (“Because the term ‘employment purposes’ is interpreted liberally to effectuate the broad remedial purpose of the FCRA, it may background checks. apply to situations where an entity uses individuals who are not tech- nically employees to perform duties. Thus, it includes . . . a nonprofit Some institutions conduct criminal background organization staffed in whole or in part by volunteers.” Footnote cites Hoke, 521 F.2d at 1082; see also Allison, FTC Informal Staff Opin- checks on all staff, students, volunteers, and other ion Letter, Feb. 23, 1998; Solomon, FTC Informal Staff Opinion adults who interact with youth. Other institutions Letter, Oct. 27, 1998.). Full text of report available at www.ftc.gov/ require criminal background checks for only a os/2011/07/110720fcrareport.pdf (last visited 5/21/2012).

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 39 or through fingerprints. Other biometric markers, • Local criminal record check including DNA matching and retinal scans, may • State criminal record check become more common in the future. Criminal back- • FBI criminal record check ground checks typically cover convictions during • State central child abuse registry check (if such the past 7 to 10 years and sex offender registries. a registry exists in relevant jurisdictions) Note: The United States has no single database com- • State sex offender registry check piling federal, state, and local criminal records, so • Motor vehicle registry record check multiple searches must be conducted. These typically • Professional licensure/certification board focus on jurisdictions in which the individual has background check lived during the relevant time period. Although the Department of Homeland Security announced after Some Practical Tips on Background Checks 9/11 that a nationwide criminal database would be established within 24 months, this objective has not 1. Do not substitute a “clean” criminal back- been met. ground check for prudent hiring, training, policies, and procedures. According to the American Camp Association14, the FBI database contains over 200 million fingerprint- 2. Some vendors of criminal background check based arrest and conviction records. It includes all services do not have access to certain types federal criminal convictions, as well as 70-90% of of data, e.g., crimes perpetrated by minors, each state’s criminal database. TheFBI database from some states. Running a criminal excludes lower-level state misdemeanors, DUIs background check through such vendors and other driving citations. State databases contain in such states will yield nothing about the crimes committed in the state. Depending on the person’s prior interactions with minors. jurisdiction, they may be searched by name, fin- There are “background checks” and there gerprint, or both. County or local criminal records are background checks. Know what databases cover only the relevant area, and these records may the vendors are accessing, and what you will be checked through the local police department. get for your money.

Most states also maintain an online sex offender reg- 3. Non-fingerprint background checks can istry. These duplicate crimes that appear in theFBI yield significant false-hit ratios. and state databases. The states do not, however, share a common definition of sex offender, complicating 4. Almost all traditionally-aged college efforts to obtain reliable histories. Finally, in 2005 students’ criminal records will be masked the federal government launched the Dru Sjodin as juvenile records and will not be detected National Sex Offender Public Registry. It links fed- through screening. eral, state, tribal, and territory sex offender registries. See www.nsopw.gov (last visited 6/12/2012). 5. Campus police may be conducting the “gold standard” of checks on their employ- Vendors may also purchase databases and compile ees. Human Resources may hire the vendors their own sources for criminal background checks. and oversee the process. You may be able to Many options are available for criminal background draw on assistance from these departments. checks, so it is important to discuss the scope of a search with a potential vendor. Components might include, among others: 14 The discussion of offender databases draws heavily from the useful report by the American Camp Association “Criminal Background • Social Security trace, to verify past places Checks: Background Information and Guidance for Camps.” The full text is available online at www.acacamps.org/sites/default/files/images/ of residence publicpolicy/documents/CBC_Education_7_2011.pdf (last visited • Alias check, for past names used 6/12/2012).

40 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice 6. Institutions want to do the right thing by A useful resource for additional information is “The adopting and following a policy on criminal Attorney General’s Report on Criminal History background checks. But what constitutes an Background Checks,” U.S. Department of Justice effective job of screening? Each institution (2006). Full text available at www.justice.gov/olp/ must set its own guidelines for screening. ag_bgchecks_report.pdf.

7. Decide in advance how you will evaluate Another excellent resource, from the American negative information uncovered during a Camp Association, is “Criminal Background criminal background check. What types Checks: Background Information and Guidance of offenses, committed within what time for Camps.” Full text available at www.acacamps. period, would disqualify an individual? org/sites/default/files/images/publicpolicy/docu- An offense committed against a minor ments/CBC_Education_7_2011.pdf (last visited might disqualify the individual regardless 6/12/2012). of how long ago it occurred. Some states have laws limiting the use of prior criminal The Arthur J. Gallagher Higher Education Practice convictions. published, through author Leta Finch, a monograph on background checks as well: 8. Unfortunately, the correlation between screening results and risk is very low. A posi- Background Checks: Staff, Faculty, Students, and tive flag on a criminal background check Volunteers, by Leta C. Finch (Arthur J. Gallagher: may not mean the person is currently an Itasca, Ill.: 2006), which can be found at this link: abuser; likewisea negative flag may not indi- http://www.ajgrms.com/portal/server.pt/gateway/ cate that the person is trustworthy. PTARGS_0_28406_547304_0_0_18/Back- ground%20Checks.pdf. 9. Solicit suggestions on vendors and guidelines from local schools, YMCAs, and similar organizations in your state or region.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 41 :::::::: Appendix B: Sample Volunteer Application Form ::::::::

Name of Institution and Program ______

Address, phone, website______

Name of Applicant

______Last First M.I.

Mailing Address

______Street City State Zip

Primary Telephone No.______Secondary Telephone No.______

E-mail______Fax ______

Volunteer Position Applying For______

Briefly, explain your interest in volunteering______

Education/Training & Specialized Skills

• High School • College • Graduate School • Military • Other______

Degree(s) ______

Certification(s): • Driver’s License (______Type) • First Aid • CPR

• Other (Specify):______

Special skills (Describe any special skills, e.g. art, writing, computer, foreign languages, coaching, crafts, etc.) [CAN ADAPT TO NATURE OF POSITION]______

42 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Current Employer______

Current Job Title______

Current Work Schedule______

Name & telephone number of current supervisor______

Volunteer Experience (Please list dates of any previous volunteer experiences, the agency for which you performed volunteer services, the type of services you provided, and the name and phone number of your supervisor.) ______

Availability for Volunteer Services (days of the week and available hours)______

In case of an emergency, whom should we notify?

Name______Relationship______Telephone______

PLEASE READ CAREFULLY I certify that the information provided on this volunteer Application is true and any misrepresentation provided on this form may result in my immediate termination as a volunteer. I am authorizing the [PROGRAM] to contact my current employer and former volunteer organizations for references, and to perform criminal background and/or credit checks as required. If selected, I will comply with all requirements of my supervisor and acknowledge that the university may, at its discretion, terminate my participation in the volunteer program at any time.

______Signature of Applicant Date

For Internal Use Only

Volunteer Job Title______

Date Interviewed ______

• Selected ______• Not Selected______

Number of Hours of Services______

Category: • Regular-Service • Occasional Volunteer • Stipend Volunteer • Materiel Donor

______Signature of Manager, VIS Date

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 43 :::::::: Appendix C: Sample Policy on Minors ::::::::

PENN STATE—ADMINISTRATIVE Sponsoring Unit The academic or administrative unit of the Text downloaded from http://guru.psu.edu/policies/ University which offers a program or gives ap- ad39.html (last visited 4/18/2012) proval for housing or use of facilities pursuant to AD02 or AD03. Policy AD39 Minors Involved in University- Sponsored Programs or Programs Held at the Authorized Adult University and/or Housed in University Facilities Individuals, paid or unpaid, who interact with, (Formerly Programs Involving Minors Housed in supervise, chaperone, or otherwise oversee University Facilities) minors in program activities, or recreational, and/or residential facilities. This includes but Purpose is not limited to faculty, staff, volunteers, To provide for appropriate supervision of minors graduate and undergraduate students, interns, who are involved in University-sponsored programs, employees of temporary employment agencies, programs held at the University and/or programs and independent contractors/consultants. The housed in University facilities at all geographic loca- Authorized Adults’ roles may include positions tions. Supervision of minors who are involved in as counselors, chaperones, coaches, instruc- University research is addressed by the Institutional tors, etc. Authorized Adults are considered to Review Board as outlined in RA14, and is not ad- be mandatory reporters as defined by Penn- dressed by this policy. sylvania law. Further guidance on mandatory reporters is provided in University Human Definitions Resources policy(ies). Minor A person under the age of eighteen (18) who is Direct Contact not enrolled at the University, or who is con- Positions with the possibility of care, supervi- sidered to be “dually enrolled” in University sion, guidance or control of minors and/or programs while also enrolled in elementary, routine interaction with minors. middle and/or high school; also referred to as a “participant” in this policy. One-On-One Contact Personal, unsupervised interaction between University Housing any Authorized Adult and a participant with- Facilities owned by, or under the control of, out at least one other Authorized Adult, parent the University. or legal guardian being present.

Programs Policy Programs and activities offered by various A sponsoring unit offering or approving a program academic or administrative units of the Uni- which involves minors or provides University hous- versity, or by non-University groups using ing for minors participating in a program, or a non- University facilities subject to Policies AD02 University group being sponsored for a program, or AD03. This includes but is not limited to whether utilizing University housing or not, shall: workshops, sport camps, academic camps, conferences, pre-enrollment visits, 4H or 1. Establish a procedure for the notification of Cooperative Extension programs and similar the minor’s parent/legal guardian in case of activities. an emergency, including medical or behavior-

44 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice al problem, natural disasters, or other signifi- 5. Follow guidance from University Health cant program disruptions. Authorized Adults Services concerning communicable diseases. with the program, as well as participants and University Policy SY21 shall be followed their parents/legal guardians, must be advised concerning first aid kits and epinephrine of this procedure in writing prior to the par- (“epi”) pens. Participants’ medicines may ticipation of the minors in the program. be distributed by program staff, under the following conditions: 2. Provide a list of all program participants and a directory of program staff to the campus a. The participant’s family provides the unit(s) responsible for health services and medicine in its original pharmacy police services (their contact information will container labeled with the participant’s be provided to the sponsors by the Uni- name, medicine name, dosage and tim- versity). This list shall include participant’s ing of consumption. Over-the-counter name; local room assignment (if applicable); medications must be provided in their gender, age, address, and phone number(s) of manufacturers’ container. parent or legal guardian, as well as emergency b. Staff shall keep the medicine in a secure contact information. location, and at the appropriate time for distribution shall meet with the 3. Provide information to parent or legal guard- participant. ian detailing the manner in which the partici- c. The staff member shall allow the participant can be contacted during the program. pant to self-administer the appropriate dose as shown on the container. 4. Provide a Medical Treatment Authorization d. Any medicine which the participant form to the campus unit responsible for cannot self-administer, must be stored health services. Any request to amend the and administered by a licensed approved form must be approved by the healthcare professional associated with Director of University Health Services prior the campus or, if no one is available, to its distribution or use. All forms must arrangements must be made with include the following: another health care professional in advance of the participant’s arrival. a. A statement informing the parent/legal The event coordinator should consult guardian that the University does (or with the location’s health service and does not, as applicable) provide medical the Office of Affirmative Action insurance to cover medical care for the ADA Coordinator to discuss reasonable minor. accommodations in the above situation. b. A statement authorizing the release of e. Personal “epi” pens and inhalers may medical information (HIPAA) and emer- be carried by the participant during gency treatment in case the parent/legal activities. guardian/emergency contact cannot be reached for permission. 6. Arrange to access emergency medical c. A list of any physical, mental or medical services at all locations and, for events at conditions the minor may have, includ- University Park, access to these services ing any allergies that could impact his/ must be pursuant to ADG04. Medical care her participation in the program. appropriate for the nature of the events, d. All emergency contact information expected attendance and other variables including name, address and phone should be discussed with the Director of number of the emergency contact. University Health Services.

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 45 7. Follow appropriate safety measures approved c. The parking of staff and participant by the Office of Environmental Health & vehicles must be in accordance with Safety for laboratory and research work as University parking regulations. outlined in SY01. d. Rules and procedures governing when and under what circumstances 8. Ensure adequate supervision of minors while participants may leave University they are on University property. All activi- property during the program. ties involving minors must be supervised e. No violence, including sexual abuse by at least two or more Authorized Adults or harassment, will be tolerated. or by their parent(s) or legal guardian(s) at f. Hazing of any kind is prohibited. all times. Some of the factors to consider Bullying including verbal, physical, in determining “adequate supervision” are and cyber bullying are prohibited. the number and age of participants, the g. No theft or use of tobacco products activity(ies) involved, type of housing if (smoking is prohibited in all Univer- applicable, and age and experience of the sity buildings) will be tolerated. counselors. See also, item 14 below. h. Misuse or damage of University property is prohibited. Charges will When there are High School students, in- be assessed against those participants cluding prospective athletes, participating who are responsible for damage or in pre-enrollment visitation, the require- misusing University property. ment for two Authorized Adults will be i. The inappropriate use of cameras, waived. imaging, and digital devices is prohibited including use of such devices All supervised participants in a University in showers, restrooms, or other areas program or a program taking place on where privacy is expected by partici- University property are permitted in the pants. general use facilities [e.g. athletic fields, public spaces, academic buildings] but 10. Obtain all media and liability releases as part may be restricted from certain areas of of the program registration process. All data the facilities [e.g. storage rooms, equip- gathered shall be confidential, is subject to ment rooms, athletic training rooms, staff/ records retention guidelines, and shall not be faculty offices] or from utilizing certain disclosed, except as provided by law. equipment. 11. Assign a staff member who is at least 21 years 9. Develop and make available to participants of age to be accessible to participants. The the rules and discipline measures applicable staff member must reside in the housing unit, to the program. Program participants and if applicable. Additional Authorized Adults staff must abide by all University regulations will be assigned to ensure one-on-one contact and may be removed from the program for with minors does not occur and that appro- non-compliance with rules. The following priate levels of supervision are implemented. must be included in program rules: See also item 15 below.

a. The possession or use of alcohol and When there are High School students, in- other drugs, fireworks, guns and cluding prospective athletes, participating other weapons is prohibited. in pre-enrollment visitation, the hosting b. The operation of a motor vehicle by Penn State University student(s) will not minors is prohibited while attending be required to be at least 21 years of age and participating in the program. and the requirement for two Authorized Adults will also be waived.

46 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice 12. All Authorized Adults who have direct contact completion of Act 34, Act 151, and with minors are required to have a current FBI criminal history report clearances background check on record with the Univer- for non-employees will be the respon- sity at the time of hire and/or beginning work sibility of the individual unless specifi- with minors. This background check must cally authorized for processing and/or be reviewed and approved by the applicable payment by the hiring unit. Human Resources department prior to being • Overall guidance for background hired and/or working with minors. checks is provided in University Hu- man Resources policy(ies). When there are High School students, including prospective athletes, participat- 13. If applicable, require the program to adopt ing in pre-enrollment visitation, the and implement rules and regulations for hosting Penn State University student(s) proper supervision of minors in University will not be required to undergo a back- housing. The following must be included: ground check. a. Written permission signed by the • New hires will be required to complete parent/guardian for the minor to the University background check pro- reside in University housing. cess at the time of hire. b. A curfew time which is age-appro- • All other individuals must complete priate for the participants, but in no the University background check case shall it be later than midnight. process or provide evidence of comple- c. In-room visitation to be restricted to tion of Act 34 (PA State Criminal participants of the same gender. History Record), Act 151 clearance d. Guests of participants (other than (PA Department of Public Welfare a parent/legal guardian and other Child Abuse Report) and FBI criminal program participants) are restricted history report clearance dated within to visitation in the building lobby 6 months of the initial date of assign- and/or floor lounges, and only dur- ment. This includes current employees ing approved hours specified by the who have not previously had a back- program. ground check completed, as well as all e. The program must comply with all other individuals, paid or unpaid. security measures and procedures • If Act 34, Act 151, and FBI crimi- specified by University Housing nal history report clearances are to Services and Police Services. be considered as a replacement for a f. Pre-enrollment visit programs for University background check, verifica- high school students housed over- tions must be reviewed and approved night in residence halls must be reg- by the applicable Human Resources istered with the Office of Residence department prior to being hired and/or Life. interacting with minors. • All Authorized Adults must also com- 14. Require the program to provide and super- plete a self-disclosure form confirming vise trained counselors (also considered to that they have disclosed any arrests be Authorized Adults) who must be at least and/or convictions that have occurred 18 years of age, in accordance with the since the date of a background check following: and/or clearance and will disclose any arrest and/or convictions within 72 a. The ratio of counselors to program hours of their occurrence. The cost for participants must reflect the gender

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 47 distribution of the participants, and to program participants and be should meet the following: able to respond to emergency(ies).

Standards for resident camps are: 15. Each Authorized Adult, who will be partici- • One staff member for every pating in a program covered by this Policy five campers ages 4 and 5 shall attend annual mandatory training on • One staff member for every the conduct requirements of this Policy, on six campers ages 6 to 8 protecting participants from abusive emo- • One staff member for every tional and physical treatment, and on appro- eight campers ages 9 to 14 priate or required reporting of incidents of • One staff member for every improper conduct to the proper authorities 10 campers ages 15 to 17 including, but not limited to, appropriate law enforcement authorities. If a program partici- Standards for day camps are: pant discloses any type of assault or abuse (at • One staff member for every any time previously or during the program), six campers ages 4 and 5 or an Authorized Adult has reason to believe • One staff member for every that the participant has been subject to such eight campers ages 6 to 8 assault or abuse, the Authorized Adult, as a • One staff member for every mandatory reporter under PA 02183, must ten campers ages 9 to 14 inform the program director, University Po- • One staff member for every lice Services, Office of General Counsel and twelve campers ages 15 to 17 the Risk Management Department immediately. The program director will immediately b. Training for the counselors must notify the appropriate authorities through the include, at a minimum, informa- Commonwealth of Pennsylvania’s reporting tion about responsibilities and ChildLine (800-932-0313) and provide writ- expectations; policies, procedures, ten notification to the Department of Public and enforcement; appropriate crisis/ Welfare within 48 hours of filing the oral emergency responses; safety and report (utilizing form CY 47 available from security precautions; confidentiality the County Children and Youth agencies). issues involving minors; and Univer- Authorized Adults must make all reasonable sity responsibility/liability. Counsel- efforts to ensure the safety of minors partici- ors must know how to request local pating in programs and activities covered by emergency services and how to re- this Policy, including removal of minors from port suspected child abuse (counsel- dangerous or potentially dangerous situa- ors are considered to be mandatory tions, irrespective of any other limitation or reporters as defined by Pennsylvania requirement. law). c. Responsibilities of the counselors 16. Authorized Adults participating in programs must include, at a minimum, and activities covered by this Policy shall not: informing program participants about safety and security procedures, a. Have one-on-one contact with University rules, rules established minors: there must be two or more by the program, and behavioral Authorized Adults present during expectations. Counselors are respon- activities where minors are present. sible for following and enforcing Authorized Adults also shall not have all rules and must be able to provide any direct electronic contact with information included herein minors without another Authorized

48 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Adult being included in the commu- 17. If an allegation of inappropriate conduct has nication. been made against an Authorized Adult par- b. In the case of adults supervising ticipating in a program, s/he shall discontin- minors overnight, Authorized Adult ue any further participation in programs and should not enter a minor’s room, activities covered by this Policy until such bathroom facility, or similar area allegation has been satisfactorily resolved. without another Authorized Adult in attendance, consistent with the Authorized personnel/signatories for non- policy of not having one-on-one University groups using University facilities contact with minors. must provide to the sponsoring unit satisfac- c. Separate accommodations for adults tory evidence of compliance with all of the and minors are required other than requirements of this Policy at least thirty (30) the minors’ parents or guardians. days prior to the scheduled use of University d. Engage in abusive conduct of any facilities, as well as sign an approved agreement kind toward, or in the presence of, a for use of University facilities, if applicable. minor. e. Strike, hit, administer corporal pun- ______ishment to, or touch in an inappro- Effective Date: April 11, 2012 priate or illegal manner any minor. Date Approved: April 9, 2012 f. Pick up minors from or drop off Date Published: April 11, 2012 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. g. Authorized Adults shall not provide alcohol or illegal drugs to any minor. Authorized Adults shall not provide prescription drugs or any medication to any minor unless specifically authorized in writing by the parent or legal guardian as being required for the minor’s care or the minor’s emergency treatment. Participants’ medicines may be distributed by program staff, following the conditions outlined in Policy IV. 5 in this document. h. 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.

Items 16a, 16b, and 16c, do not apply when there are High School students, including prospective athletes, participating in pre-enrollment visitation, hosted by Penn State University student(s).

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 49 :::::::: Appendix D: Risk Factors and Loss Control Measures Scoring Sheet ::::::::

The Think Tank group drew up a basic, preliminary the risk factors. But when loss control measures are ranking scorecard for the risks of minors. It is in considered, along with their simple 1-3 ranked dif- spreadsheet form, and in future a downloadable, ficulty of implementation, as seen in our estimated editable version should be made available from “Effort Required” column, things change. We took the Arthur J. Gallagher Higher Education Practice a simple multiple of Impact X Implementation to website. For now, notice that we found over 40 give nine levels of priority, and this changed some identified “risk factors” that increase the hazard level of the values from the first look only at factors. Your for managing the risks of minors. The simple 1-3 valuation at your institution may vary widely; this is ranking of Impact led us to prioritize (with colors) a simple demonstration.

Risk Factors Examples/ Impact Loss Control Effort Score Concerns Required (Priority) Mixed age groups In residences, 1 Limit mixing; create subgroups; increase level of 1 1 labs, etc. supervision; notify parents re. condition. Make sure program leaders take responsibility for this. Residence Life folks have to be major part of this. Training for staff re. expectations is essential. Low tolerance for horseplay. Inadequate Of campers, 1 Give definitions on what is “adequate” supervi- 1 1 supervision overnighters sion. Make sure free time, housing, mealtimes, etc. as well as program times are fully supervised. Ratio awareness, management and enforcement is important. (Presupposes existing policies and procedures.) Vigilance on the part of the host institution is critical. Legal and Daycare center 1 Talk with general counsel (or internal audit, or 2 2 regulatory risk; without license public safety…). Do compliance audit. Establish mandatory reporting consequences for non-compliant supervisors. responsibilities Staffing mismatch Employees who are 1 Proper staff training, selection, and ratios 1 1 not trained to work with minors Ratio of adults to Age-group 1 Proper supervision. Use American Camping 1 1 students dependent Association’s guide. See safekids.org or 4H, etc. State license extenders (depending on the type of program) may be more precise and/or require compliance. Very activity- and hours-of-operation dependent. Tendency to “cheat” to save $. Slack/unscheduled Formal, informal, 1 Communication of schedules with campus 3 3 time/itineraries or rental programs police, grounds, etc. on when groups are for groups supposed to be where. Activities involving Esp. with mixed 1 Evaluate where and when this happens. Develop 1 1 locker rooms, disrob- groups (genders policy, procedures and training to avoid inappro- ing, partial nudity and ages) priate mixing. Deploy two-adult rule, etc. Peer-on-peer minor Additional risk of 1 Develop strong anti-bullying, -hazing policies. 2 2 bullying, abuse, minor-minor sexual Enforce. Train staff to recognize and intervene. assault… experimentation

50 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Risk Factors Examples/ Impact Loss Control Effort Score Concerns Required (Priority) Multiple mixed No control over 1 Create separation in time or space; training 3 3 groups occupying supervision and of leaders to anticipate problems and separate same space selection; incl. people as needed renting groups Alcohol, drugs and Esp. for recruits 1 Chaperones; enforcement of policy. 2 2 controlled substances

Events taking place Pool, lakes, etc. 1 Lifeguards, limited access, possible waivers as 2 2 in/around water appropriate. Note this is heightened risk factor for sexual predation. Staff should be trained and alert. Foreign travel Accompanying 1 Training, waivers, tracking software, 2 2 family members; communications policies and procedures planned groups for minors “Going AWOL” Minors leaving 1 Clery Act compliance policy; notification 2 2 the campus procedure; monitoring by staff; correct staff unexpectedly ratios

Supervisor Employees, 1 Set and enforce appropriate qualifications. 1 1 qualifications coaches, volunteers, Regular training and re-training on appropriate other minors… interactions with minors. One-on-one adult/ Personal coaching, 1 Set and enforce appropriate qualifications. 1 1 student activities voice/music lessons Regular training and re-training on appropriate interactions with minors. Unclear (contractual?) E.g., coaches 1 Set and enforce appropriate qualifications. 1 1 responsibility for running LLC Regular training and re-training on appropriate camps, events, etc. sports camps, interactions with minors. “Physics Camp” etc. Unclear (contractual?) Eager volunteers 1 Volunteer screening; for minors, 2 2 responsibility for signing up for participation release camps, events, etc. age-inappropriate activity Off-campus field trips Incl. remote 1 Collect permission, medical forms, releases 2 2 & events sponsored camps, campuses for transportation; make sure drivers follow for minors transportation procedures; Facilities mismatch Machine shops, 1 Do not let minors use facilities that are not 2 2 chem labs, appropriate for them. wrong-size bathrooms, railings, etc. Not having Including athletics, 2 Establish and collect health information from 2 4 medical information admissions recruits all participants; train risk stakeholders on the (release forms) for importance of this health treatment

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 51 Risk Factors Examples/ Impact Loss Control Effort Score Concerns Required (Priority) Maturity level E.g., 7th grader 2 Work with risk owners to make sure 2 4 (expectations on mixing chemicals announcement brochures, websites, etc. indicate participation) age-appropriate enrollment, and that right-sized equipment, tools, and PPE are used Pre-existing mental In multiple 2 Risk owners trained to be responsible to 2 4 health issues programs collect information, meds (stored and dispensed appropriately), and to interact with parents and MDs as needed Allergies (incl food) Esp. controlled 2 Establish and collect health information from 2 4 and prescription substances—and all participants; train risk stakeholders on the drug issues ‘going cold turkey,” importance of this “forgetting” to take them, or med sharing Custody issues To whom can you 2 Collection of appropriately signed release forms 2 4 (pickup, dropoff, etc.) release the child? from all custodial parents or guardians Information? Appropriate Chemicals? 2 Train risk owners on what is an age-appropriate 3 6 activity risk Recreational activity activities? Sports?

Transportation risk Car seats; “school- 2 Clear policies and procedures for transporting 2 4 bus” designation minors; enforcement for campus shuttle? “last one out” Illicit taking of Including 2 Policy re. cameras in sensitive locations; training 1 2 photos/video of prevention of of monitoring personnel minors posting on line Special needs/ Incl. autism, 2 Compliance with ADA, Title IX; staff selection 2 4 disabled/vulnerable hospitalized/ and training with care to accommodate needs minors medicated Disability ADA, protected 2 Compliance with ADA, Title IX 2 4 accommodation and/ class children; K-12 or discrimination very different from higher ed Student orgs/ministry Model U.N., 2 Screen and train volunteers; inform and enforce 1 2 groups: going to and tutoring, etc.; transportation policies; obtain participation and bringing to campus “vicarious liability” medical releases from minors Student internships/ Machinery, 2 Follow legal statutes re. hazardous work; 2 4 labor law issues chemicals, implement basic safety training for all biohazards, working minors PPE, etc. Disciplinary Who disciplines, 2 Establish policies and procedures; train and 3 6 procedures and and when? enforce guidelines

52 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Risk Factors Examples/ Impact Loss Control Effort Score Concerns Required (Priority) Contractors and Including any 2 Work with Purchasing/Procurement to establish 3 6 third-party outsourced service criteria for vendors, including "Two Adult" rule invitees or campus visitor or other similar protections on campus Room Residence halls; 2 Train “hosts” and “hostesses” concerning 1 2 hosting/”hostess” Athletic/other appropriate behavior, and enforce it activity programming

Release forms Advertising, etc.; 3 Develop standard releases and implement usage 2 6 for media, video, local media stops with program stakeholders photos, etc. by… Contractual risk “We have constant 3 Remind risk owners to be circumspect with their 3 9 re. representation supervision for your language and not engage in false advertising child!” The “entourage effect” Groups visiting, 3 Set, and publicize, policies on minors and 2 6 including adult residents having visitors companions

Cyber-risk: social Unfiltered access 3 Determine appropriate filtering needs, if any, 3 9 media access on for minors used to and technological capabilities (with IT). campus filters Implement. Appropriate attire Flip-flops, short 3 Training of staff to enforce policies 3 9 skirts, shirtlessness, etc. Infectious diseases MRSA, Norovirus, 3 techniques for early identification, notification 3 9 measles, lice

Dangerous Without “don’t 3 train staff to avoid these; collect participation 1 3 demonstrations try this at home” waivers warnings… Negligent referrals Babysitters’ 3 make sure departments are careful to minimize 3 9 lists, etc. these and to put disclaimers on them, if they must be used Weather-related Lightning 3 Prepare emergency shelter locations. Make sure 2 6 issues warnings, program leaders are aware of procedures and dehydration, locations. tornado sheltering…

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 53 :::::::: Appendix E: Medical Care Authorization ::::::::

AUBURN UNIVERSITY—Outreach Program Office Summer Camps Applicant Information and Confidential Medical Information

Auburn University Summer Camp Information Camp Name ______Date(s)______Time(s)______

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. Outreach Program Office requests the information below so AS A CAMPER, PARENT OR GUARDIAN I UNDERSTAND THAT: that, in case of an emergency, you have provided us with accurate information about you so that we can provide and/ The information requested on this form is intended to help or seek appropriate treatment. You are accountable for provid- inform our staff of any pre-existing medical conditions. If your ing an accurate medical history. Final determination about child have a pre-existing medical condition, participation in whether to participate is the responsibility of you and your any strenuous activities or recreational time may not be recom- physician. If you have any medical issue that is not requested mended. This information will be kept in strict confidence below, but of which you think it is important, please include and only shared with your permission. The Auburn University that information.

PART 1. GENERAL INFORMATION

Name______Email Address______Parent/Legal Guardian Name (if applicable) ______Street Address______City ______State ______Zip ______Home Phone ______Work Phone ______Date of Birth ______/______/______Gender: • M • F

Please list two emergency contacts:

______Emergency Contact #1 Name Home Phone Work Phone Cell Phone Relation

______Emergency Contact #2 Name Home Phone Work Phone Cell Phone Relation

PART 2. Medical INFORMATION

It is recommended that you consult with your physician prior to participating in this Summer Camp. Please answer all of the to participating in this Auburn University Summer Camp. If questions. If you answer yes to any of the following questions, you are uncertain about any preexisting medical conditions, it please explain as indicated. Use back and/or additional paper is your responsibility to consult with your own physician prior if needed.

Physician’s Name ______Phone Number______Most recent tetanus toxoid immunization______Do you have health/accident insurance? • Yes • No If yes, please indicate policy number, name and address of company. Please also include a front and back copy of your insurance card:

54 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Do you have any limiting medical conditions that you or your doctor feel would limit your participation in the Camp? • Yes • No If yes, identify and explain______

Are you currently taking medication that may interfere with your ability to safely participate in the Camp? • Yes • No If yes, please indicate the medication and the condition being treated______

Do you have any allergies or reactions to medications, insect stings or plants? • Yes • No If yes, please explain______

Do you have a history, of or do you currently suffer from, any medical condition(s) with which we made need to be aware? • Yes • No If yes, please explain______

PART 3: AUTHORIZATION FOR MEDICAL CARE

Unless prior arrangements have been made, all medical needs of the students will be handled through the East Alabama Medi- cal Center. In cases where medical attention is necessary, parents will be contacted for approval when possible. However, we are required to have on file a medical release form signed by the parent. The hospital will not perform services unless this form is presented at the time of needed treatment.

______(Camper’s Name) has my permission to receive medical attention in the event of illness or medical emergency while participating in this Auburn University Summer Camp. I will assume the financial responsibility for any cost of health care for my child that may occur during this Camp.

PLEASE READ: As a participant, parent or guardian I understand and acknowledge that my failure to disclose relevant information may result in harm to myself/my child and/or others during this Camp. By signing my name I represent and warrant that I have provided all materials and important information to the Auburn University Outreach Program Office pertaining to my child’s medical, mental and physical condition and that it is accurate and compete. I agree to notify the Auburn University Outreach Program Office of any changes in my mental, physical or medical condition prior to my Child’s scheduled Camp.

By revealing or disclosing the above medical information it will not be used by Auburn University personnel or employees to determine my Child’s ability to participate safely in activities. I understand that, if my child chooses to participate in activities, he/she do so voluntarily and of his/her own accord and the final decision regarding participation is solely the responsibility of myself and my Child.

SIGNATURE IS REQUIRED:

Camper’s Name______Date______Camper’s Signature______

Parent/Legal Guardian’s Name______Parent/Legal Guardian’s Signature______Date______

A PARENT OR GUARDIAN MUST SIGN THIS FORM FOR A MINOR UNDER THE AGE OF 19

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 55 :::::::: Appendix F: Self-Administration of Prescription Medication Authorization ::::::::

AUBURN UNIVERSITY—Outreach Program Office Summer Camps Medication Prescriber/Parent Authorization

Auburn University Summer Camp Information Camp Name ______Date(s)______Time(s)______Camper Information Camper’s Name______Parent/Legal Guardian (if applicable)______Street Address ______City ______State ______Zip ______Home Phone ______Work Phone ______Date of Birth ______/______/______Gender: • M • F • No, my child does not need to take any prescription medication while at Camp. • Yes, my child will need to take prescription medication while at Camp.

This form must be completed fully in order for campers to administer required medication to themselves. A new medication administration form must be completed for each camp attended by the camper, for each medication, and each time there is a change in dosage or time of administration of a medication. Requires licensed health care authorization and signature, and parent signature.

• Prescription medication must be in its original container labeled by the pharmacist or prescriber. Label must include the name, address and phone number for pharmacist or prescriber. • Containers must hold only the amount required for the time the camper will be attending the Camp. • All prescription medications, including medications for conditions such as food, drug or insect allergies; diabetes; asthma; or epilepsy may be brought to Camp under the condition that the camper can self-manage care and delivery of medication with written authorization to do so at camp by a licensed health care provider.

Prescriber Authorization for Self-Administration of Prescription Medication

Medication Name______Dose______Condition for which medication is being administered ______Specific Directions (e.g., on empty stomach/with water,etc.)______Time/frequency of administration______If PRN, frequency______If PRN, for what symptoms______Relevant side effects______Medication shall be administered from ______/______/______to ______/_____ /______. Special Storage Requirements______Is the camper capable of self-managed care? • Yes • No Prescriber’s Name/Title______Prescriber’s Place of Employment______Telephone ______Fax ______I hereby affirm that this individual has been instructed in the proper self-administration of the prescribed medication(s). Prescriber’s Signature______Date______

56 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice Parent/Guardian Authorization, Waiver and Consent for Self-Administration of Prescription Medication I authorize and recommend self-medication by my child for the above medication. I also affirm that he/she has been instructed in the proper self-administration of the prescribed medication by his/her attending physician. I shall indemnify and hold harmless the Camp Staff. Auburn University, its Board of Trustees, Administration, Faculty, Staff, Student Leaders, and all other officers, directors, employees and agents against any claims that may arise relating to my child’s self-administration of prescribed medication(s).

I/We have legal authority to consent to medical treatment for the camper named above, including the administration of medication at the above referenced Camp.

Parent/Guardian Signature______Date______Home Phone ______Cell Phone ______Work Phone ______

Parent/Guardian Authorization, Waiver and Consent for Over-the-Counter Medication Over-the-Counter (OTC) Medication may at times need to be administered, if approval is indicated by the camper’s parent or guardian. Please complete the following section to save time if your child needs any of these OTC medications during his/her stay. Note: Unless we have parental authorization, we cannot administer ANY medications.

I hereby authorize that the following medications may be given to______(Child’s Name) if the need arises. You may dispense only those checked.

• Ointments for minor wound care, first aid as directed. • Visine or other eye drops for minor eye irritation. (Antiseptic, anti-itch, anti-sting, antibiotic, sunburn) • Medicated lip ointment for dry, chapped lips, lip blisters • Tylenol/Acetaminophen as directed. or canker sores as directed. • Aspirin/Ibuprofen as directed. • Swimmer’s ear drops as directed. • Throat lozenges and or spray as directed for sore throat. • Hydrocortisone ointment as directed for mild skin • Micatin or anti-fungus treatment as directed irritations, poison ivy, and insect bites. for athlete’s foot. • Medicated powder for skin irritation as directed. • Kaopectate or Imodium for diarrhea as directed. • Robitussin or other cough syrup as directed. • Milk of Magnesia, Pepto Bismol or Mylanta for upset • Calamine lotion for bug bites and poison ivy. stomach or nausea as directed. • Sunscreen • Rolaids or Tums for acid reflux, heartburn or indigestion • Bug repellent as directed. • Other (list any other approved over-the-counter drugs) • Benadryl for swelling, hives, allergic reaction, as directed. ______• Actifed or Sudafed as directed for nasal congestion or ______allergy relief per instructions. ______

Camp staff reserves the right to use generic equivalents when available for the name brand over-the-counter medications listed above.

I understand that such administration will be not done I authorize the administration of over-the-counter medications under the supervision of medical personnel. I also agree to my child as indicated above. I shall indemnify and hold that any first aid treatment may be given as needed. harmless the Camp Staff. Auburn University, its Board of Trustees, Administration, Faculty, Staff, Student Leaders, Any condition which is associated with fever, significant and all other officers, directors, employees and agents against inflammation and/or did not respond to the above outlined any claims that may arise relating to my child being adminis- treatment, would be followed-up with a consultation with tered the above indicated over-the-counter medications. the camper’s parents. Parent/guardian will be contacted if any conditions develop requiring treatment with any of the above I/We have legal authority to consent to medical treatment over-the-counter medications that are not checked. for the camper named above, including the administration of medication at the above referenced Camp. I understand that these over-the-counter medications are not necessarily kept on hand and available to be administered immediately.

Parent/Guardian Signature______Date______Home Phone______Cell Phone______Work Phone______

Gallagher Higher Education Practice :: Managing the Risk of Minors on Campus 57 :::::::: Appendix G: Camp Waiver/Release ::::::::

AUBURN UNIVERSITY Informed Consent, Voluntary Waiver, Release of Liability and Assumption of Risks

Camp Information Camp Name ______Date(s)______Time(s)______Location______

Camper Information Name of Camper ______Address______City ______State ______Zip______Phone Number______Date of Birth ______Gender: • M • F

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. but not limited to, any claim for negligence or negligent acts or THIS IS A LEGALLY BINDING DOCUMENT. THIS FULLY SIGNED omissions and any present or future claim, loss or liability for injury FORM MUST BE SUBMITTED BY A PARENT OR LEGAL GUARD- to person or property that my Child may suffer, for which my Child IAN BEFORE ANY CHILD IS ALLOWED TO PARTICIPATE IN THE may be liable to any other person, that may or does arise out of my ABOVE REFERENCED CAMP. Child’s participation in the Camp. I understand that Auburn accepts no responsibility for my Child’s personal property. I, the undersigned, wish for my Child (hereafter “Child”) to participate in the above referenced camp (hereafter “Camp”) on the date(s) In the event of an accident or serious illness, I hereby authorize repre- and location indicated above and, in consideration for my Child’s sentatives of Auburn to obtain medical treatment for my Child on my participation, I hereby agree as follows: behalf. I hereby hold harmless and agree to indemnify Auburn from any claims, causes of action, damages and/or liabilities, arising out of I acknowledge, understand and appreciate that as part of my Child’s or resulting from said medical treatment. I further agree to accept full participation in the Camp there are dangers, hazards and inherent responsibility for any and all expenses, including medical expenses risks to which my Child may be exposed, including the risk of serious that may derive from any injuries to my Child that may occur during physical injury, temporary or permanent disability, and death, as well his/her participation in the Camp. as economic and property loss. I further realize that participating in the Camp may involve risks and dangers, both known and unknown, This RELEASE shall be governed by and construed under the laws and have elected to allow my Child to take part in the Camp. There- of Alabama. I agree that any legal action or proceeding relating to fore I, on behalf of my Child, voluntarily accept and assume all risk this RELEASE, or arising out of any injury, death, damage or loss as of injury, loss of life or damage to property arising out of training, a result of my Child’s participation in any part of the Camp, shall be preparing, participating and traveling to or from the Camp. brought only in Lee County, Alabama.

I, on behalf of my Child, hereby release Auburn University, its Board This RELEASE contains the entire agreement between the parties to of Trustees, Administration, Faculty, Staff, Student Leaders, the Out- this agreement and the terms of this RELEASE are contractual and reach Program Office, the Camp Staff, and all other officers, directors, not a mere recital. The information I have provided is disclosed accu- employees and agents (hereafter “Auburn”) from any and all liability rately and truthfully. I have been given ample to read this document as to any right of action that may accrue to my heirs or representatives and I understand and agree to all of its terms and conditions. I un- for any injury to my Child or loss that my Child may suffer while derstand that I am giving up substantial rights (including my right training, preparing, participating and/or traveling to or from to sue), and acknowledge that I am signing this document freely and the Camp. This agreement is binding on my heirs and assigns. voluntarily, and intend by my signature to provide a complete and unconditional release of all liability to the greatest extent allowed I, on behalf of my Child, furthermore release, indemnify and hold by law. My signature on this document is intended to bind not only harmless Auburn from and against any and all liability, actions, debts, myself and my Child but also the successors, heirs, representatives, claims and demands of every kind whatsoever, specifically including, administrators, and assigns of myself and my Child.

A Parent or Guardian Must Sign This Form for a Minor Under the Age of 19

Participant Name______Parent Name______

Participant Signature______Parent Signature______

Date______Date______

58 Managing the Risk of Minors on Campus :: Gallagher Higher Education Practice

Gallagher Higher Two Pierce Place Education Practice Itasca, IL 60143-3141