Administration Policies

VI-99.01(A)

UMB Policy on the Protection of Minors

Administration | Approved May 25, 2021

Responsible VP/AVP

Revision History

Policy Effective: September 1, 2013; technical revision May 15, 2018. Revised May 25, 2021.

Purpose

This Policy establishes requirements for Youth Programs for Minors involving UMB faculty, staff, students, Affiliates, volunteers, and Third Parties, who supervise or interact with Minors through UMB Youth Programs or activities.

Policy Statement

I. Policy Statement

UMB seeks to create and provide a safe and positive environment for Minors participating in experiences offered under the control or direction of UMB or Third Parties authorized by UMB to conduct Youth Programs. This Policy reinforces UMB’s commitment to safeguard the welfare of Minors by establishing requirements for UMB Personnel, UMB Students, and personnel of Affiliates and Third Parties who supervise or interact with Minors through UMB Youth Programs.

In addition to meeting the requirements of this Policy, UMB Personnel, UMB Students, and personnel of Affiliates and Third Parties who supervise or interact with Minors through UMB Youth Programs must follow applicable federal, state and local law.

II. Definitions

Affiliate: An entity that has a relationship with UMB authorized by the Board of Regents or by law, for example, faculty practice plan organizations, University of Maryland Baltimore Foundation Inc. (UMBF) and other affiliated foundations, recognized incorporated alumni associations, recognized affiliated business entities, University of Maryland Medical System/University of Maryland Medical Center, and other University System of Maryland institutions.

Authorized Adult: An individual at least 18 years old who is a UMB employee, trainee, volunteer, UMB Student, Affiliate’s employee, or Third Party’s employee who will have contact with a Minor in a UMB Youth Program by reason of the individual’s employment, contractual duties, or UMB authorized volunteer responsibilities.

Direct Contact: Providing care, supervision, guidance or control of Minors in UMB Youth Programs.

Indirect Contact: The potential for occasional contact with Minors in common areas (e.g., hallways, cafeterias, athletic facilities) or due to an invitation to participate in a Youth Program.

Mandated Reporter: Individuals who must report any and all suspected or known child abuse or neglect.

Minor: A person under the age of eighteen (18) years old.

Prohibited Minor Activity: An activity in which no Minor can participate.

Prohibited Minor Area: An area where Minors are prohibited, and cannot be involved in a Youth Program.

Third Party: An organization or individual from outside of UMB.

UMB Facilities: Buildings or area owned, leased by or licensed to, or otherwise operated or controlled by UMB.

UMB Personnel: An individual employed by UMB, including faculty, staff, volunteer, or trainee.

UMB Student: Individual enrolled in a degree or graduate certificate-granting program at UMB.

UMB Youth Program Sponsor: UMB Personnel who registers a Youth Program.

Youth Program: Any event, activity, tour, or experience for Minors offered by UMB (whether held on or off UMB premises) or by an Affiliate or a Third Party operating at UMB Facilities, where the Youth Program Staff are responsible for providing Direct Contact of Minor(s).

Youth Program Administrator: Person(s) who has the primary operational responsibility for managing a Youth Program that includes Minors, appropriate supervision of all Authorized Adults, and compliance with this Policy. Serves as the minor’s liaison to the Division of Student Affairs.

Youth Program Staff: Individuals who may provide Direct or Indirect Contact with a Minor through a Youth Program.

III. Scope of Policy

This Policy applies to UMB Personnel, UMB Students, and to personnel of Affiliates and Third Parties participating in Youth Programs operated by UMB or located in UMB Facilities. This Policy applies to Youth Programs offering virtual experiences, and this Policy applies to activities and programs with Minors physically present.

The following activities and individuals are excluded from this Policy:

Individuals under the age of 18 who are UMB Students.
Medical or other health care given to Minors by UMB Personnel in an inpatient or outpatient setting, or a telemedicine setting.
Institutional review board (IRB) approved research.
A joint Youth Program offered by UMB and an Affiliate and covered under the Affiliate’s policies.

IV. Roles & Responsibilities

A. The Assistant Vice President of Student Affairs, under the Provost’s Office, is responsible for creating a system of compliance with this Policy across the various operational and academic units of the University, setting and approving program requirements, maintaining a registry of all Youth Programs, and approving forms used for parent/guardian consent and other requirements as expressed in this Policy.

B. The UMB Youth Program Sponsor is responsible for submitting the appropriate paperwork and registration process to request approval to use a UMB Facility and to operate a Youth Program.

C. The Youth Program Administrator is responsible for proper planning, oversight and evaluation of a Youth Program, adhering to all campus, local, state, and federal laws and policies.

V. Youth Program Requirements

The following requirements apply to all UMB Youth Programs. The UMB Youth Program Sponsor is responsible for obtaining appropriate approvals regarding background checks and restrictions as expressed in this Policy.

A. Registration

1. A UMB Youth Program Sponsor must register and update a Youth Program annually by the start of each new fiscal year (i.e., July 1).

2. A new Youth Program must be registered no later than 30 days prior to communicating to family members and Minor(s) regarding the launch of the Youth Program.

B. Background Screening/Checks

1. Authorized Adults with Direct Contact with Minors participating in a Youth Program are required to complete criminal and sex offender background checks through Human Resource Services (HRS). UMB will follow all federal, state and local laws to conduct these background checks. On a case-by-case basis, the HRS Staffing Director may designate another office at UMB to complete the background checks and make decisions regarding participation of Authorized Adults.

2. All Authorized Adults with Direct Contact with Minor(s) may not begin working with a Youth Program until the background screening is complete and their participation is approved by the HRS Staffing Director or designee.

C. Training

1. UMB Youth Program Sponsors, Youth Program Administrators, Authorized Adults and Youth Program Staff must complete all required annual training.

2. Youth Programs must maintain documentation of all training completed and submit reports as required.

D. Health and Safety

1. Each UMB Youth Program Sponsor must obtain written consent of a parent or guardian using a UMB-approved form for each participant to be involved.

2. Also, the UMB Youth Program must obtain from a parent/guardian for each participant required medical information and medical treatment authorization forms and authorization for emergency medical treatment or transportation.

3. Each UMB Youth Program must establish a communication plan that allows for reliable and immediate contact with the parent/guardian of any Minor participating in the UMB Youth Program. 4. If an incident or accident occurs, Youth Programs are required to follow Environmental Health and Safety (EHS) Procedures.

E. Restrictions

1. Generally Prohibited Minor Activities - The following research activities are generally prohibited, except with approval from the Office of Environmental Health & Safety (EHS):

a. Work with human materials (e.g., blood, body fluids, tissue) or Risk Group 2 and higher etiological agents (as defined in Appendix B of the NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules – visit the EHS website for the most up to date NIH guidelines). In addition, EHS must review a laboratory that uses or stores human blood, body fluids, or tissue or Risk Group 2 or higher 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.

b. Work with vertebrate animals.

c. Work with controlled substances, explosives, water or air reactive chemicals, or highly toxic materials.

d. Work with radioactive materials or radiation-producing machines.

2. Generally Prohibited Minor Areas - The following research areas are generally prohibited for Youth Programs, except with approval from EHS and following appropriate background checks/restrictions:

a. All animal care facilities.

b. 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.

c. All human anatomical laboratory areas.

3. All patient care areas are generally prohibited for Youth Programs except for approved tours and other special exceptions such as when a Youth Program is hosted in partnership with a Third Party.

4. All participation in human subjects research unless approved by the Human Research Protection Program.

5. Transportation of Minors – The following restrictions apply to Youth Programs that involve the transportation of Minors:

a. The transportation of Minors in personal vehicles is not authorized.

b. A permission and waiver of liability form signed by the parent/guardian of the Minor being transported must be on record in the Youth Program registration form prior to transporting a Minor.

c. UMB Personnel who are responsible for transporting Minors must have a valid CDL or other appropriate driver’s license for the type of transport they are using for the Minor(s) and must have been subject to a Maryland driver records check within the last twelve (12) months that shows a clean driving record.

d. Minors are not authorized to drive any Youth Program vehicle.

VI. Reporting Requirements

1. Mandated Reporters - All UMB Personnel, Youth Program Staff, Affiliates, and Third Parties are mandated reporters of witnessed or suspected instances of child abuse and/or neglect.

a. Individuals must report all suspected or known incidents of child abuse and/or neglect, regardless of the perceived seriousness of the incident, as required by Maryland Annotated Code, Family Law Article, Sections 5-704(a) and 5-705(a), and as required by regulations of the Maryland Department of Human Services.

b. If a Minor is ever in imminent danger or the abuse is in progress, a reporter should call 911 and immediately report the circumstances surrounding the danger or abuse, and then follow the reporting procedures in UMB Policy VI-1.50 (A): Procedures for Reporting Suspected Child Abuse and Neglect.

c. See UMB Policy VI-1.50 (A): Procedures for Reporting Suspected Child Abuse and Neglect for additional requirements and information.

2. Known or Suspected Non-Compliance - UMB community members are expected to report known or reasonably suspected wrongdoing and cooperate fully with authorized investigations of reports of wrongdoing. Any known or suspected violations of this, or any UMB policy should be reported using the UMB Hotline by calling (1-866-594-5220) or electronically (here), or directly to the UMB Chief Accountability Officer. Any witnessed or suspected instances of child abuse and/or neglect should follow Mandated Reporting requirements. Allegations will be referred to the appropriate law enforcement or protective services agency. UMB, UMB Personnel, Affiliates, and Third Parties will cooperate fully with any local, state or federal investigations regarding the welfare of Minors.

VII. Consequences

All Youth Programs are subject to site visits coordinated by the Assistant Vice President of Student Affairs or a designee of the Office of Accountability and Compliance. Youth Programs that fail to comply with this Policy may be subject to suspension or termination of operation. UMB Personnel may be subject to disciplinary action (including but not limited to termination of employment or dismissal from academic programs) for violations of this Policy or of applicable laws, regulations, policies, or procedures.

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