Policy Number: 300.04.01
Approved by: Senior Staff
Effective Date: April 2014
Scripps College (“Scripps” or the “College”) strives to maintain a safe environment and is committed to the protection of all members of its community, including children. There are two over-arching and equally important aims of this “Policy on Activities relating to Minors” (“Policy”). The first is to foster the safety and well-being of minors who are involved in College-run or Affiliated Programs or Activities (see Section 1: Definitions) and in so doing to help make their experiences with the College community rewarding and enriching. The second is to protect College faculty, students, staff and volunteers by developing a set of guidelines and procedures that promote sound, common-sense judgment, consistency and uniformity, transparency, and care with respect to interactions with minors.
(Defined terms appear in capital letters throughout the Policy.)
“College Facilities” means facilities owned by, or under the control of, the College.
“College-run or Affiliated Programs or Activities” or “Programs/Activities” mean programs or activities that Scripps College operates or sponsors, using College Facilities or off-campus, that involve Minors. This definition includes, for example, activities occurring as part of course requirements. Exempt from this definition are chaperoned visits to campus by Minors or groups of minors regardless of whether they are arranged with the assistance of Scripps faculty, staff or students and regardless of whether members of the Scripps community interact with the Minors while they are on campus.
“Covered Third-Party Use” means third-parties renting, leasing or otherwise using College Facilities to operate programs or activities for the primary benefit of minors (for example, a sports camp or an arts education program for children, as opposed to a wedding or other social event where Children may be present).
“Mandated Reporters” are persons required by law to report known or suspected abuse or neglect relating to children to appropriate social service or law enforcement agencies. Under California law, the following categories of individuals are among those included in the definition of mandated reporters: school officials and educators, employees whose duties require direct contact and supervision of persons under the age of 18, child care and children’s activity providers, or medical and mental health professionals. Under this Policy, all Supervising Adults are Mandated Reporters. Other Covered Adults are not Mandated Reporters.
“Minor” or “Child” or “Children” refer to a person under the age of eighteen (18) who is not enrolled or accepted for enrollment at the College or another institution in the Claremont University Consortium (CUC).
“Other Covered Adult” is an individual who a) is age 18 or older; b) is a Scripps faculty, staff, student, or volunteer or who is affiliated with a third-party engaged in Covered Third-Party Use; and c) does not supervise or chaperone minors but whose job or volunteer responsibilities involve interacting with Minors, even if on an intermittent basis. Examples (for illustrative purposes only):
“Program/Activity Director” means the person responsible for directing and/or organizing and/or administering the College-run or Affiliated Program or Activity. Depending on the nature of the Program/Activity, this person may or may not have a formal title with respect to the project.
“Supervising Adult” is an individual who is a) age 18 or older; b) a Scripps faculty, staff, student, or volunteer or who is affiliated with a third-party engaged in Covered Third-Party Use; and c) paid or unpaid to supervise or chaperone Minors in Programs/Activities, including activities undertaken as part of the requirements for an academic course. The Supervising Adults’ roles may include, but are not limited to, positions as instructors, mentors, tutors, and coaches. For example, all SCA permanent or temporary faculty and staff are Supervising Adults. Faculty organizing course requirements involving minors are Supervising Adults.
The Human Resources Department (HR) is responsible for administering this Policy. However, in order for HR to carry out this responsibility effectively, all Scripps College faculty, students, and staff are responsible for reviewing, understanding and complying with this policy and, quite importantly, with communicating with HR about new and recurring College-run or Affiliated Programs or Activities as set forth in Section 5(A) below.
The following individuals or entities are subject to this policy:
This policy and its appendices establish guidelines, rules and procedures for the treatment of and interactions with Minors who are participating in College-run or Affiliated Programs or Activities.
The following situations ARE NOT within the scope of this policy:
Communication with HR about the existence and nature of College-run or Affiliated Programs or Activities is essential to carrying out the aims of this policy. Such communication will allow HR to work with the Program/Activity Director or participants to take appropriate steps to protect everyone involved in the Program/Activity in accord with this Policy. Such steps may include but are not limited to ensuring that proper parental permission forms, media releases, emergency contact information, medical treatment authorization forms, background checks, etc. are in place. Therefore, Program/Activity Directors or participants, as applicable, must take the following steps:
All Scripps Employees: Following the effective date of this Policy, all new Scripps College employees, regardless of whether they will interact with Minors as part of their employment, will receive a copy of this Policy as part of the onboarding process and will be required to certify that s/he has reviewed and understood it. Individuals who qualify as Supervising Adults or Other Covered Adults shall be required to sign the Certification as set forth below.
Supervising Adults: Because of their unique role with respect to Programs/Activities involving Minors, Supervising Adults, prior to participating in a Program/Activity, all Supervising Adults must take the following steps.
Other Covered Adults: Other Covered Adults will be required to sign the Certification acknowledging that they have reviewed and understood the information in the Policy and appendices and to comply with any additional requirements as directed by HR.
In addition the Vice President (or her/his designee) shall, on an annual basis, provide an opportunity for Other Covered Adults to review and re-familiarize themselves with the Policy (for example, by including this Policy as an agenda item for a staff meeting or in a packet of materials for volunteer interviewers). (For the avoidance of doubt, should an Other Covered Adult become a Supervising Adult, s/he must fulfill all requirements applicable to Supervising Adults.)
An adverse result in a background or Megan’s Law check will not automatically disqualify someone from participating in College-run or Affiliated Programs or Activities. Rather, Human Resources will analyze in conjunction with supervisor to evaluate whether the background will exclude them from participating in the College-run or Affiliated Programs
In case of an emergency involving a child, immediately call 911. Immediately thereafter notify Campus Safety at 909-621-8170 or 909-607-2000, your supervisor, and the Director of HR.
Under California law, Mandated Reporters have an individual legal obligation to report known or, if there is a reasonable basis, suspected abuse or neglect relating to children. Under this Policy, Supervising Adults are Mandated Reporters. Other Covered Adults are not.
A reasonable basis for a report of suspected abuse or neglect may be founded on information confided in the Mandated Reporter by the Minor or someone else about the Child or her or his own observations. Actual evidence of abuse is not necessary to trigger this requirement. No one should investigate the matter on his or her own. Any doubt about whether or not to report should be resolved in favor of making the report to ensure that appropriate child protective services are engaged to assess the situation and evaluate the safety of the child.
Accordingly, if you are a Mandated Reporter and know of or suspect abuse or neglect of a Minor, you must follow these procedures. (Direct any questions about whether you are a Mandated Reporter to the Director of HR.)
You are not prohibited from making a report if you are not a Mandated Reporter. If you would like to make a report, contact the Director of HR with your suspicions or beliefs. The Director of HR will, in turn, take appropriate steps to address the situation. If the Director of HR is implicated in the allegations, instead contact the Vice President and Secretary of the Board.
Sanctions for violating this policy will depend on the circumstances and nature of the violation, but may include the full range of available sanctions applicable to the individual such as suspension, termination, and exclusion from campus. The College may take interim measures before determining whether a violation has occurred. The College may terminate relationships or take other appropriate actions against third-parties that violate this policy.
If you have any questions about the interpretation or application of this Policy, contact the Director of HR. The Director of HR will review the Policy annually and make any necessary updates to the Information Form (Appendix A), the Signs of Abuse and Neglect (Appendix B), and the Certification forms (Appendix C). The Director of HR shall recommend modifications to any other sections of the Policy to Senior Staff as necessary, including to reflect changes in the law or standards relating to the protection of minors, or College processes.