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POLICY ON UMB-SPONSORED EDUCATIONAL ACTIVITIES INVOLVING MINORS
Administration | Approved May 15, 2018
Policy Effective: September 1, 2013; technical revision May 15, 2018.
I. Policy Information
- The intention of this policy is to ensure the safety of minors who participate in University-sponsored educational opportunities. The University’s designated Youth Activity Coordinator will oversee minors’ activities, and confirm that they do not come in contact with hazardous materials, work in prohibited areas or exceed the number of hours allowed under the policy’s work hour restrictions. The Chief Academic and Research Officer (CARO) may appoint a Youth Advisory Committee (YAC) to be consulted on matters relating to this policy. The CARO will develop Youth Activity Guidelines to be observed by sponsors and other designated individuals who coordinate and oversee programs for minors. Additionally, these sponsors and other designated individuals are required to report cases of suspected child abuse and neglect.
- Purpose and Policy Statement: The University recognizes the importance of providing supervised educational, work, and research practicum experiences to Minors of sufficient age and maturity to benefit from the experiences. As well, the University recognizes that the presence of Minors presents special concerns about safety of those Minors and requires clear understanding of responsibility for instruction and supervision of the Minors.
This Policy applies to educational activities involving Minors that are sponsored by or operated with support of the University. This Policy applies at the University campus and at other sites where University faculty and staff are assigned.
In order to assure that appropriate arrangements are made for the protection of Minors and the quality of programs for Minors, any activity involving Minors that is subject to this Policy must be reviewed by the University’s designated Youth Activity Coordinator, and planned and operated consistent with this Policy and any special requirements that are a condition of approval of the specific activity. The Office of the Chief Academic and Research Officer (CARO) is responsible for overseeing implementation of this Policy and designating a Youth Activity Coordinator.
- Eligible Minor: A Minor who is at least fourteen (14) years old.
- Hazardous Location: A location containing radiation-producing machines, nuclear magnetic resonance (NMR) machines, autoclaves, industrial equipment, or high voltage equipment.
- Minor: A person under the age of eighteen (18) years.
- Prohibited Activity: An activity in which no Minor can participate, including the following, and any additional activity as stated in the Youth Activity Guidelines:
- Work with human blood, human body fluids, human tissue or Risk Group 2 etiological agents as defined in the NIH Guidelines for Research Involving Recombinant DNA Molecules. The list of NIH Risk Group 2 agents can be found in the NIH GUIDELINES FOR RESEARCH INVOLVING RECOMBINANT OR SYNTHETIC NUCLEIC ACID MOLECULES (NIH GUIDELINES). In addition, the Office of Environmental Health and Safety (EHS) must review a laboratory that uses or stores human blood, human body fluids, human tissue or Risk Group 2 agents to determine if additional safety measures are required for a Minor to be in the laboratory. In some cases, the type of agent or research may prohibit a Minor in the laboratory.
- Work with confirmed human carcinogens, reproductive toxins, water or air reactive chemicals, or highly toxic materials.
- Work with radioactive materials or radiation-producing machines.
- Driving a motor vehicle or being a helper on a motor vehicle.
E. Prohibited Area: An area where all Youth Programs and other Youth Activities are prohibited, and which cannot be involved in a Youth Program, tour, or other Youth Activity. Prohibited Areas include the following areas, and any additional areas as stated in the Youth Activity Guidelines:
- All patient care areas (except for approved tours);
- All animal care facilities;
- All laboratories that use or store Risk Group 3 human etiological agents as defined in the NIH Guidelines. The list of NIH Risk Group 3 agents can be found in the NIH Guidelines;
- All human anatomical laboratory areas (except for approved tours);
- All participation in human subjects research.
F. Restricted Activity: An activity open only to Eligible Minors who are at least 16 years old. Restricted Activities include working in Wet Laboratories, Hazardous Locations, and other activities as stated in the Youth Activity Guidelines.
G. Sponsor: A faculty or staff member (regular or CC2) who has accepted responsibility for supervision of a participant in a Youth Program, or supervision of Minors involved in a tour or other Youth Activity. Sponsor includes a Co-Sponsor.
H. URecFit Youth Activities: Any programming managed by UMB’s URecFit, Athletic Center, including summer camps that are open to minors.
Wet Laboratory: A laboratory that uses or stores chemicals, radioactive material, infectious agents, or drugs.
J. Youth Activity: A UMB-Sponsored activity intended for groups consisting of, or including, Minors.
K. Youth Activity Committee: An advisory committee appointed by the CARO to advise the University regarding implementation of this Policy.
L. Youth Activity Coordinator: A University official designated by the CARO to implement this Policy.
M. Youth Activity Guidelines: Guidelines issued by the CARO to implement this Policy. Guidelines may pertain to Youth Programs, tours, and/or any other Youth Activities. Separate guidelines and standards are maintained for URecFit Youth Activities.
N. Youth Activity Liaison: A School or administrative unit employee with responsibility for administration of this Policy within that School or unit.
O. Youth Program: A Youth Activity that is a structured educational program, work experience, or research practicum that allows the participation of Eligible Minors. Paid and unpaid internships, as well as other programs, are included in this definition. (Tours on campus and URecFit Youth Activities are not considered Youth Programs.)
P. Youth Program Administrator: A School or administration unit employee with responsibility for a specific Youth Program.
III. Roles and Responsibilities
A. Youth Activity Committee
1. The CARO may appoint an advisory Youth Activity Committee, chaired by the Youth Activity Coordinator and having members chosen by the CARO to represent some or all of the following, and other members as the CARO finds appropriate:
a. the faculty, b. the Office of Academic Affairs, c. the Office of Government and Community Affairs, d. the Office of Research and Development, e. the Office of Environmental Health and Safety, and f. the Office of Human Resource Services.
2. The Committee may be consulted by the CARO and the Youth Activity Coordinator concerning matters related to this Policy and the Youth Activity Guidelines.
B. Youth Activity Guidelines.
The CARO will develop and make available to faculty and staff Youth Activity Guidelines that must be followed by faculty and staff planning any Youth Program, tour for Minors, or other Youth Activity. The Guidelines will indicate, in part, that participation in any Youth Activity or Youth Program is not a right but a privilege subject to immediate termination. Additional guidelines and standards for URecFit Youth Activities will be maintained by the Director of URecFit.
C. Responsibilities for Youth Programs and other Youth Activities.
1. School and Unit Youth Activity Liaisons. Each School or administrative unit wishing to have one or more Youth Program shall:
- Designate a Youth Activity Liaison(s) who will be responsible for ensuring that as to all its Youth Programs and other Youth Activities the School or unit fulfills the requirements of this Policy and the Youth Activity Guidelines.
- Gather and retain information about Minor participants as required.
- Submit information on each proposed Youth Program to the Youth Activity Coordinator through the procedures established by the Youth Activity Guidelines.
- Maintain and provide to the Youth Activity Coordinator an annually updated list of its approved Youth Programs, its Youth Activity Liaison, its Youth Program Administrators, and its approved Sponsors.
- Maintain rosters of Youth Program participants and copies of parent or guardian consents for participation, until each participant has attained the age of 21 years or, if later, three years have passed since the participant’s last activity in the Youth Program. (The three-year date may be after the participant’s 21st birthday, since participation may begin before the age of 18, and end after the participant’s 18th birthday.)
- Obtain a Youth Program consent signed by a participant on or after the participant’s 18th birthday for any participant whose 18th birthday falls during the Youth Program.
- Request criminal background checks for proposed Sponsors (see next section), anyone with unsupervised contact with minors, and use only Sponsors whose reports are satisfactory to the Youth Activity Coordinator.
- Immediately report to the Youth Activity Coordinator any incident involving injury to a Minor, disruption of University activity by a Minor, or dismissal of a Minor from a Youth Program, tour or other activity.
2. Sponsors and Co-Sponsors. Sponsors and Co-Sponsors have primary responsibility for the supervision of Minors while they are at the University, and consequently are primarily accountable for the safety of Minors and the good conduct of the Minors. To be a Sponsor or Co-Sponsor, a faculty or staff member must authorize the University to conduct a criminal background check that results in no reports unsatisfactory to the Youth Activity Coordinator. The background check may be repeated at intervals as a condition of remaining a Sponsor. Youth Activity Guidelines will address background check procedures.
3. Youth Program Administrator. Each Youth Program shall have a designated Youth Program Administrator responsible for the Youth Program’s oversight. This person shall:
- Ensure that each participant in the Youth Program has an assigned Sponsor and/or Co-Sponsor who is either a faculty member or a staff member (regular or CC2). Confirm with the Youth Activity Coordinator that each proposed Sponsor has a current, satisfactory criminal background check report.
- Verify that:
- Each Sponsor has authority over the area where the Sponsor’s assigned participant will be located during Youth Program hours.
- Each Sponsor agrees to provide appropriate supervision of the assigned participant during Youth Program hours.
- Each Sponsor agrees to instruct the assigned participant and make reasonable efforts to ensure that the assigned participant does not enter any Prohibited Area, engage in any Prohibited Activity, or engage in any Restricted Activity if the Minor is under 16 years of age.
- Each Sponsor has accepted in writing the responsibilities of Sponsor for the Youth Program.
- Consult with EHS to identify safety training required for participants in the Youth Program. Ensure that proposed participants in a Youth Program successfully complete any appropriate safety and confidentiality (Health Insurance Portability and Accountability Act) training at the outset of the Youth Program, and reject from the Youth Program any person who does not successfully complete the training.
- Obtain a signed parent or guardian consent form for each Youth Program participant, and obtain a signed consent form for each Youth Program participant upon the participant’s 18th birthday, if it falls within the dates of the Youth Program.
- Obtain proof of identity and age for each participant, and place a photocopy with the participant’s consent form. The following documents are acceptable: birth certificate, school record, valid State-issued driver’s license or learner’s permit, any other official government document or photo identification stating age or birthdate.
- Obtain proof of health insurance coverage for each Eligible Minor who may engage in a Restricted Activity, and place a copy of the proof of coverage with the consent form.
- Obtain a completed work permit for each participant if the participant will be compensated. i.An Eligible Minor between the ages of fourteen (14) and seventeen (17) is required to submit a work permit prior to beginning a compensated Youth Program opportunity. Work permit forms are available at: http://dllr.md.gov/labor/wages/empm.shtml#minorinst.
- Ensure that Eligible Minors, whether paid or unpaid, do not exceed the work hour restrictions set forth in Appendix A.
- Have the authority to dismiss from a Youth Activity or Youth Program any Minor who is not acting appropriately or responsibly.
4. Youth Activity Coordinator.
Reviews requests for Youth Programs; consults the Youth Activity Committee and other University offices as appropriate; makes recommendations concerning Youth Programs and Youth Activity Guidelines; approves or disapproves specific proposed Youth Programs.
- Reviews criminal background check reports concerning proposed Sponsors; determines whether a proposed Sponsor’s background report is acceptable; determines when a Sponsor’s background check must be updated.
- Maintains an annually updated list of all Youth Activity Liaisons, approved Youth Programs and the Youth Program Administrator for each of them, and approved Sponsors for each Youth Program.
- Conducts periodic reviews to determine if the requirements of this Policy are being met.
- Reviews and updates Youth Activity Guidelines in consultation with the CARO, the Youth Activity Liaisons, and the Youth Activity Committee.
- May waive requirements of this policy in extraordinary circumstances after consultation with CARO and University Counsel.
5. Office of Environmental Health and Safety.
- Provides safety training to participants in Youth Programs.
- Provides consultation on whether an area or activity is safe for a Youth Program or a tour for Minors and whether special safety practices are required.
IV. Scope and Exceptions
A. URecFit Youth Activities
- URecFit Youth Activities are not Youth Programs as defined by this policy.
- URecFit implements a separate review process coordinated by the Director of URecFit and the Executive Director of the Campus Center.
B. Tours involving Minors.
- Any tour for a group consisting of or including Minors must be approved in advance by the appropriate Youth Activity Liaison. The Youth Activity Guidelines will establish procedures for requests for approval. (Approval will not be required for tours of areas normally accessible to the public, such as the National Museum of Dentistry.)
- A tour that includes any Prohibited Area, Wet Laboratory, or Hazardous Location may not be conducted for any Minor below the age of thirteen.
- A tour of a Prohibited Area, Wet Laboratory, or Hazardous Location may be conducted for Eligible Minors and thirteen-year-olds only upon satisfaction of the following requirements:
- Sponsor for the tour must be identified to the School or unit Youth Activity Liaison.
- The Sponsor must obtain agreement from and coordinate the tour with the Principal Investigator(s) or administrator(s) responsible for the area(s) to be toured.
- Approval of a tour may be upon stated conditions (e.g., ratio of participants to guides; time of day).
- The Sponsor must provide participants a safety briefing prior to the start of the tour.
- A University faculty or staff member who is knowledgeable of the hazards of each tour area must accompany participants at all times that the tour is in that area.
- If required, appropriate personal protective equipment and instruction on its proper use must be provided to tour participants.
- Tours shall not enter areas that require respiratory protection.
- Prior consent of patients must be obtained if patients will be in a Prohibited Area being toured.
- Tour participants are strictly prohibited from taking photographs during tours. All cell phones and electronic devices must be OFF during tours; headphones may not be worn during tours.
B. Other Prohibited Activities.
- Minors who are the children, relatives, and/or acquaintances of University faculty, staff and students may not be in a Prohibited Area or in a Wet Laboratory unless participating in an approved Youth Program or tour. (The presence of Minors in other areas, whether or not the Minors are related to faculty, staff and students, is discouraged and may be prohibited by School or unit policies.)
- Minors participating in a Youth Program are not permitted to participate in off-campus travel as part of that Youth Program unless the travel was described in the request for approval of the Youth Program.
- Minors should never be allowed to remain in University facilities after normal work hours, or without supervision. Minors should never be allowed use of identification cards that allow off-hours access to University facilities.
- Minors should not be issued passwords for University information and data systems and should not be given University keys.
C. Limiting Access to Confidential Information.
- Sponsors should avoid allowing Minors to access confidential information. If a Minor must access confidential information, the Sponsor must educate the Minor regarding the requirements of confidentiality and have the Minor and a parent or guardian co-sign a confidentiality agreement.
- This requirement applies to all types of confidential information, including but not limited to human resources files, patient information, details of ongoing research, student educational records, and invention disclosures.
D. Identification Cards. Participants in an approved Youth Program will be issued a University identification card. The card must be surrendered at the conclusion of participation in the Youth Program. The Youth Program Administrator is responsible for collecting the cards from participants at the end of the Youth Program, and returning the cards to the issuing office. If any Minor does not return an issued card, the Youth Program Administrator shall immediately notify the campus Police Department, the Youth Activity Liaison, and the Youth Activity Coordinator.
E. Policies of Other Sites. Faculty and staff work in many locations that are not owned or controlled by the University. The policies of those sites must be consulted, and may not allow Youth Programs or tours for Minors. If a proposed Youth Program or tour would take place outside the University, the request for approval of the Youth Program or tour must include evidence that the policy of the off-site location allows the Youth Program or tour.
F. Reporting Suspected Child Abuse and Neglect. All Sponsors, Co-Sponsors, Youth Program Administrators, Youth Activity Liaisons, Youth Activity Coordinators, and members of the Youth Activity Committee have the responsibility to report suspected cases of child abuse and child neglect as set forth in USM Policy VI-1.50.
G. Violations of Policy. Failure to follow the requirements of this Policy may result in suspension or termination of an approved Youth Program, cancellation of a planned or ongoing tour, and/or ineligibility to be a Youth Activity Liaison, Youth Program Administrator, Sponsor or Co-Sponsor.
WORK HOUR RESTRICTIONS FOR ELIGIBLE MINORS (Paid or Unpaid)
16- and 17-year olds cannot exceed the following work hour restrictions:
- That they work no more than twelve (12) hours in a combination of school hours and work hours each day.
- That they have at least eight (8) consecutive hours of non-work, non-school time in each 24-hour period.
- That they are not permitted to work more than five (5) consecutive hours without a non-working period of at least thirty (30) minutes.
14- and 15-year olds cannot exceed the following work hour restrictions:
- That they work no more than four (4) hours on any day when school is in session.
- That they work no more than eight (8) hours a day on any day when school is not in session.
- That they work no more than twenty-three (23) hours in any week when school is in session.
- That they work no more than forty (40) hours in any week when school is not in session.
- That they do not work more than five (5) consecutive hours without a non-working period of at least thirty (30) minutes.