7,002: Policy on the Protection of Children

Revised: November 2021

The �鶹ӳ�� is committed to maintaining a supportive and safe educational environment, one that seeks to enhance the well-being of all members of the university community and that includes creating a secure environment for children who may participate in university programs or activities, or be present at university facilities or events. The university policies for the protection of children are intended for the protection of all children who participate in university programs or activities involving children or who are university students.

1. Public Events and Venues.

Children are permitted at events and venues open to the public on university property. The University reserves the right to determine whether selected events or venues are appropriate for unescorted or unsupervised children.

2. Definitions.

a. Child. A "child" is anyone under 18 years of age, or, if in high school, until graduation from high school, and includes children under the age of 18 who are registered as students at the University. The terms "child", "minor" and "children" are used synonymously in this policy.

b. Child Abuse or Neglect. "Child abuse or neglect" is defined in accordance with the provisions of NRS 432B.020-NRS 432B.150, including but not limited to:

(i) physical injury of a non-accidental nature;
(ii) mental injury;
(iii) sexual abuse,
(iv) sexual exploitation; and
(v) negligent treatment or maltreatment

of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.

"Mental injury" is defined as an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within a normal range of performance or behavior, of a non-accidental nature.

"Sexual abuse" is defined as incest, lewdness with a child, sadomasochistic abuse, sexual assault, statutory sexual seduction, and mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from the State of �鶹ӳ�� for the purpose of mutilating the genitalia of the child.

"Sexual exploitation" is defined as forcing, allowing or encouraging a child to solicit for or engage in prostitution; to view a pornographic film or literature; to engage in filming, photographing or recording on videotape or posing, modeling, depiction or a live performance before an audience which involved the exhibition of a child's genitals or any sexual conduct with a child.

Negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect of the or refusal of the person to provide them when able to do so.

c. Employee. "Employee" means any person, including but not limited to faculty, classified employee, graduate teaching assistant, graduate research assistant, letter of appointment, post doctorate scholar, medical resident and student employee, who is employed at the University. It also includes employees of companies, agencies, and other entities formally housed at the University and employees of companies contracted to provide food services and custodial services. Although a person may meet the definition of employee in this policy, that fact does not establish the person as an employee for any other policy or purpose.

d. Program or Activity Involving Children. "Program or Activity Involving Children" means a program or activity for children that is established by the University, wherever it takes place, and to a program or activity for children sponsored by outside persons or entities which is permitted to take place at university facilities. "Program or Activity Involving Children" does not include events (such as concerts, plays, sporting events) or facilities (such as restaurants or stores) that are open to the public, nor does it include academic classes in which university students are enrolled or other residence hall or university activities in which enrolled students engage.

e. Reasonable Cause. "Reasonable cause" means those facts and circumstances which would cause a reasonable person to suspect that child abuse or neglect may have occurred.

f. Volunteer. "Volunteer" means an individual who is working at the University pursuant to a volunteer agreement approved by the university's General Counsel. For the purposes of this policy, "volunteer" does not include a parent or guardian of a child. Parents and guardians, however, shall be supervised by appropriate university or non-university personnel during their participation in the university sponsored or approved programs and activities.

g. Vice President. For purposes of this policy the term vice president includes the most senior administrator for any division/major unit, although the title may not be "vice president." This would include, but not limited to: Special Assistant to the President, Athletics Director, and Vice Provost, Extended Studies.

3. Mandatory Reporters.

It shall be the policy of the �鶹ӳ�� that all university employees (as defined in this policy) and students are defined as a "Campus Security Authority" (CSA). A CSA who becomes aware of any crime to promptly report those crimes to University Police Services.

University Police Services shall be responsible for informing campus annually of their responsibilities as a CSA and shall ensure appropriate training is provided.

The University shall identify all university mandatory reporters of child abuse pursuant to NRS 432B.220-NRS 432B.250 and shall provide training materials regarding the mandatory reporter requirements.

4. Duty of All University Personnel to Report Child Abuse or Neglect.

All university employees, students, and volunteers, who have reasonable cause to believe that child abuse or neglect may have occurred at a university facility or during university programs or activities, must report the suspected abuse or neglect to University Police Services or the local police or sheriff's office OR to the local office of the �鶹ӳ�� Division of Child and Family Services as soon as possible and within 24 hours. The reporter shall also report the suspected abuse or neglect to the Office of the Provost.

�鶹ӳ�� Police Services (775) 334-2677 OR

Division of Child and Family Services toll-free hotline (800) 922-5757 OR

Washoe County Child Protective Services (775) 785-8600 OR

Clark County Child Protective Services (702) 399-0081

AND

Office of the Provost (775) 784-1740

In an emergency, call 911.

The duty to report is triggered by reasonable suspicion or belief. There is no requirement that there be actual evidence of abuse, nor should any individual seek to investigate the matter for him/herself. Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that the appropriate professionals can assess the report and evaluate the safety of the child. (Nothing in this policy is intended to supersede the policies and procedures for child-care centers for the reporting of and response to situations of suspected child abuse. In Washoe County, child care providers are required to report suspicion of abuse and/or neglect within one hour of becoming aware of such concern. Moreover, nothing in this policy is intended to supersede obligation imposed by law regarding the maintenance of privilege by specified professionals.)

The duty to report exists regardless of whether the suspected perpetrator is a member of the university community and regardless of the specific role the perpetrator has, if any, in the child's life.

Failure by any member of the university community to report information related to suspected child abuse as soon as possible and within 24 hours to the designated officials will result in discipline up to and including termination for employees and dismissal for students. Failure of these officials to initiate timely notice and timely and appropriate investigation will result in discipline up to and including termination.

5. Consequences of Abuse.

Any university employee who is convicted of a charge related to abuse of a minor must report the conviction to University Police Services by the next business day after the decision is rendered. The conviction is grounds for termination, whether the abuse occurred on or off campus. Any employee against whom a credible allegation of child abuse has been made as determined by a preponderance of the evidence, on or off campus, is subject to university discipline up to and including termination. Any university student who is convicted of a charge related to abuse of a minor is subject to discipline up to and including expulsion from the University, whether the abuse occurred on or off campus. Any university student against whom a credible accusation has been made as determined by a preponderance of the evidence, on or off campus, is subject to discipline up to and including expulsion. Any university volunteer against whom a credible accusation has been made as determined by a preponderance of the evidence, on or off campus, is subject to termination of the volunteer agreement.

6. Supervision and Protection of Children.

All children on university property must be appropriately supervised at all times. This includes children who participate in University Programs and Activities involving Children, children attending public events, and children in the workplace under UAM 2,030, Children in the Workplace. A child must be immediately removed from a situation involving suspected child abuse or neglect or other inappropriate conduct, or conduct which presents a threat to the child's health and safety.

7. Incidental Child Care Prohibited.

Neither the University, nor any outside entity, independent contractor, vendor using university facilities shall provide incidental child care in conjunction with any activity or event.

8. Annual Inventory.

No later than March 1 of every year, University Police Services shall conduct an inventory of all programs or activities that involve children, including, but not limited to, daycare facilities, summer camps and programs, sport camps, research studies, and other activities or programs, but excluding academic programs in which university students are enrolled or residence hall activities and other university activities in which enrolled students engage. The inventory shall include the name of the program or activity, the name of the director or responsible party in charge of the program or activity, the location where the program or activity is held, the number of children participating in the program or activity, and whether the program or activity includes an overnight stay. Results of the inventory shall be maintained by University Police Services.

Following the inventory, University Police Services shall provide the Office of the President a list of all Programs and Activities Involving Children.

Any proposal to establish a Program or Activity Involving Children after March 1 of each year must be provided to the Vice President of the area in which the Program or Activity or, in the case of Intercollegiate Athletics, to the Athletic Director, at least 60 days before the proposed start date for the program or activity. The Vice President or Athletic Director shall review the program to determine if it constitutes a Program or Activity Involving Children, and if it does, require the applicable procedures and training. The Vice President or Athletic Director shall notify the President and the Director of Police Services of any Programs or Activities Involving Children approved each year after the inventory is completed.

9. Requirements for All University Participants in a Program or Activity Involving Children.

Any university employee, student or volunteer who participates in a University Program or Activity Involving Children must annually read, and certify to having read and understood the Information Packet, provided by either Police Services of Scheduling Services that contains guidelines for working with minors, information about reporting requirements and "mandated reporter" rules and information about the signs of child abuse and neglect. Certification of Receiving, Reading, and Understanding the �鶹ӳ�� Policy on the Protection of Children Information Packet must be signed and returned with Information Packet.

10. Requirements for All University Participants in a Program or Activity Involving Children that Includes an Overnight Stay or Being Alone with a Child and for All University Supervisors of a Program or Activity Involving Children.

Any university employee, student or volunteer working in a university program or activity involving children that includes an overnight stay or that involves a university employee, student or volunteer who might reasonably be expected to be alone with a child, shall:

complete a fingerprint background check as part of initial hiring process and every six years thereafter
annually read and understand the materials in the Information Packet and certify having done so
annually complete an online training session on the topic of child abuse from the
certify that he/she has completed the online training by completing the Certification of Completion of Online Training Regarding Child Abuse in the Information Packet.

The Director, University Police Services or designee shall receive the results of the background check, apply the criteria of National Child Protection Act and exclude any person who fails to meet that criteria. The Associate Vice President for Human Resources or designee, in consultation with the Director, University Police Services or designee, shall provide a written statement of reasons and an opportunity to be heard before any employee may be excluded.

The supervisor of every program or activity involving children must complete a fingerprint background check as part of the initial hiring process and every six years thereafter and must complete the online training annually.

Departments shall pay the costs of fingerprint background checks required of their employees.

11. Registered Sex Offenders Excluded.

No registered sex offender may participate in any Program or Activity Involving Children in any way.

12. Annual Review.

At least annually, University Police Services shall review the security of Programs and Activities Involving Children, including considering measures that may be appropriate for the protection of students from sex offenders who are registered with the University Police Services.

13. Procedure for Approval for Use of Facilities by Outside Persons or Entities.

Before the University approves the use of a university facility by any outside person or entity for a possible Program or Activity Involving Children, the university office responsible for scheduling that facility shall provide the person or entity the NSHE Child Protection Polices, this University policy (UAM 7,002), the �鶹ӳ�� Department of Health & Human Services Division of Child and Family Services “Recognizing, Reporting, and Preventing Child Abuse,” the University Cooperative Extension “Reporting Child Abuse and Neglect,” and University Police Services Fingerprint-Based Background Check Packet (Information Packet). The person or entity shall sign the written acknowledgement upon receipt of the Information Packet; commitment to follow and comply with the NSHE and university policies, and consent to notify the University in writing immediately if a background check of one of its staff/representatives reveals a criminal conviction. In addition, the supervisor of the program or activity must have completed a fingerprint background check within the last six years and must have completed the online training specified in this policy within the last year. If these requirements are not met, the application to use the facility shall be denied.

Before the University approves the use of a university facility by any outside person or entity for a Program or Activity Involving Children that includes an overnight stay or in which an adult might reasonably be expected to be alone with a child, the entity shall demonstrate to University Police Services compliance with the fingerprint background check and online training section of this policy. If the outside person or entity does not do so, the application may be denied.

14. Procedure for Approval for Independent Contractors and Vendors.

Before the University approves a contract with an independent contractor or vendor who will be involved with in a Program or Activity Involving Children, the university office intending to work with the independent contractor or vendor shall provide the independent contractor or vendor the NSHE Child Protection Policies, this university policy, and the Information Packet. The independent contractor or vendor shall sign a written acknowledgement, using this form, Certification of Receiving, Reading and Understanding the �鶹ӳ�� Policy on the Protection of Children, its Information Packet, and the NSHE Child Protection Policies, of receipt of the NSHE Child Protection Policies, this university policy, the Information Packet; commitment to follow and comply with NSHE and university policies; and consent to notify the University in writing immediately if a background check of one of its staff/representatives reveals a criminal conviction. If the independent contractor or vendor does not do so, the contract shall not be approved. In addition, the supervisor of the program or activity must have completed a fingerprint background check within the last six years and must have completed the online training specified in this policy within the last year. If these requirements are not met, the contract shall not be approved.

Before the University approves a contract with an independent contractor or vendor who will be involved in a Program or Activity Involving Children that includes an overnight stay or in which an adult might reasonably be expected to be alone with a child, the independent contractor or vendor shall demonstrate to University Police Services compliance with the fingerprint background check and online training section of this policy. If the independent contractor or vendor does not do so, the contract shall not be approved.

15. Providing Policies to Employees, Students, and Volunteers.

The University shall make the NSHE Child Protection Policies and this university policy available to all employees and students annually via email. Any person who directs a Program or Activity Involving Children shall make available copies of or the link to the NSHE Child Protection Policies and this university policy to all volunteers in the Program or Activity Involving Children.

16. Website Posting of Policies.

The NSHE Child Protection Polices and the university policy shall be posted on the university's website.

17. Investigation.

In the event of a report or complaint of child abuse or neglect, the University Police Services shall conduct an appropriate investigation of the incident(s) giving rise to the report or complaint and shall provide a confidential notice of such incident(s) to the President of the University, the Chancellor and the Chair of the Board of Regents.

18. Retaliation Prohibited.

Retaliation against any individual who makes a report of child abuse or neglect is prohibited.

Nothing in this policy is intended to modify, and this policy does not modify, the requirements of Board of Regents Handbook, Title 4, Chapter 3, section 47 Background Check.

Any questions concerning this policy should be directed to Human Resources.