Programs Involving Children* PS-01
*THIS IS AN INTERIM POLICY: This policy is fully effective as a university policy. However, it is anticipated that the policy will be revised as we gain experience with its operation.
All academic, including faculty; staff; hourly employees; students; and volunteers at Indiana University. All university units. External organizations using Indiana University facilities for programs that include children.
The following provision applies to all faculty and academic staff, staff, students and volunteers.
Indiana state law requires any person who has reason to believe that a child is a victim of child abuse or neglect has an affirmative duty to make an oral report to Child Protective Services (CPS) 1-800-800-5556 or to their local law enforcement or to the IU Police department. Failure to report may result in criminal charges.
In addition to notifying CPS and/or local law enforcement, state law and the university also require that faculty, staff, students, volunteers, and other university personnel report any suspected abuse of minors to the Indiana University Director of Public Safety.
Indiana University law enforcement and the Director of Public Safety have the obligation to report any suspected abuse to CPS, which will conduct an investigation.
The following provisions apply to all programs serving children. Programs currently underway should come into compliance with these provisions as soon as practicable.
Programs must ensure that all faculty and academic staff, staff, students, volunteers, or other personnel who will work with children have been subject to a criminal background check and sex offender registry check within the last three years. Background and sex offender registry checks must be repeated at least every three years thereafter. Individual programs or units may require more frequent updates.
A program may not allow the participation in the program of any academic, faculty, staff, hourly employee, student, volunteer or other personnel whose criminal background check and/or sex offender registry check includes a record of sexually based offenses or crimes against children. If criminal background checks include a record of other offenses, programs should consult the appropriate office (campus Human Resources office, academic affairs, or the University Director of Public Safety) to determine if those offenses should preclude participation.
Programs for which complete background checks are infeasible (for example, host families in foreign countries) must perform checks to the fullest extent feasible and adopt other measures to prevent child abuse and facilitate the reporting of abuse.
Programs that are discrete, occasional events for which a large number of volunteers are essential, may elect to adopt measures and safeguards instead of background checks for the one-time volunteers (for example, Science Olympiads, children’s reading/activity days). The measures adopted must include requirements that the volunteers be working in public places, not alone with children, and be supervised by a background-checked person. Programs must compile the names and addresses of the volunteers prior to the event and check the names against the sex offender registry. Volunteers must then present photo identification to be checked at the event. Programs adopting this method must have the approval of the University Director of Public Safety.
Units sponsoring programs that include children, and units responsible for university facilities that are used by programs including children, must maintain an up-to-date list of those programs. Such list should include each program’s dates, times, locations, attendance (age range and number of participants), and a program contact, so that in the event of an emergency, consideration may be given to the possible presence of minors, and the appropriate course of action to address their health and safety. At least seven days prior to the start of a new program, the responsible university unit must also submit this information to the Director of Public Safety by filling out the online form at located on the Protect IU OneStart service (within the gold "Services" tab).
Programs that include or serve children shall have in place, enforce, and make available policies that address the following areas, if they are applicable to the program:
- Transportation – including the transportation of children at the beginning and end of the program, to and from the program, and within the program, whether by parents, guardians, staff or others. University programs must also comply with IU policies regarding drivers and vehicles.
- Plans for weather emergencies, if the program is not inside a university facility where such plans are in place.
- Appropriate levels of access to and supervision of children.
- Appropriate physical contact and communication by personnel with children based on the age of children and the nature of the program activities.
- Appropriate forms including permission forms, medical contact information and liability waivers. Forms should be safeguarded and readily available.
- First aid and medical treatment as well as dispensing of medication. Program personnel must have appropriate training.
Programs including overnight stays or use of university residences by children shall have the following additional policies in place:
- Identification to be worn by staff members, and participants if appropriate.
- Code of conduct for participants.
- Substance-free housing and facilities.
- Residential supervision.
Contractual agreements concerning personnel or facilities related to programs including children must include compliance with this policy as a term of the contract. When appropriate, such contracts shall also include an indemnification provision in which Indiana University is held harmless for the acts or omissions of other program participants or third party employees or agents.
Academic and administrative supervisors are responsible for ensuring that programs are in compliance.
This policy supplements and does not supersede any other legal requirements, for example, child care or teacher licensure.
Reason for Policy
Indiana University, as part of its educational mission, has many university programs that include children. The university also allows external organizations to use university facilities for programs including children. This policy has three principles:
- The protection and safety of children in these programs should be the highest priority of the university and of organizations administering these programs.
- The university and members of the university community must comply with federal and state law requirements regarding reporting of abuse.
- The policy must be flexible to accommodate the wide variety of programs involving children.
Reporting suspected abuse:
In an emergency or if you see a crime in progress, always call 911 immediately.
Anyone who has reason to believe that a child is a victim of abuse must report it immediately to Child Protective Services or local law enforcement (Indiana Code § 31-33-5). To comply with the state law, oral reports may be made to either:
- The anonymous Indiana Child Abuse and Neglect Hotline. Dial 1-800-800-5556.
- The IU Police Department on any campus, or the local community police. Dial 911, or dial the local IUPD campus number or local community police department number.
Internal procedures following report of abuse:
State law requires that suspected cases of abuse must also be reported to a designated agent at the institution (IC 31-33-5). The designated agent at Indiana University is the Director of Public Safety.
When the Director of Public Safety receives a report and conveys that report to CPS, the following people should be also notified of the report and involved, when appropriate, in the internal evaluation:
- Campus police department;
- Campus provost or chancellor;
- Office of the VP and General Counsel;
- If staff or hourly employees involved – University Human Resource Services;
- If students involved – Dean of Students or the campus VCAA, as well as the head of the student’s department or school;
- If academic – Vice provost or vice chancellor of academic affairs (VCAA) and dean;
- Parents or guardians of child, unless under the circumstances they are the alleged abuser.
If the situation warrants, the alleged abuser may be immediately suspended pursuant to the applicable procedures, pending an investigation.
The university shall cooperate with any external investigation conducted by Child Protective Services or local law enforcement. The Director of Public Safety, in consultation with the Office of the VP and General Counsel, UHRS (if staff or hourly employee), Dean of Students and/or VCAA (if student), and VCAA (if academic), will conduct its own internal evaluation to determine if sanctions are warranted, up to and including dismissal. Legal prohibitions regarding physical presence on campus/trespassing may also be pursued. University administrators shall follow the appropriate procedures in determining and issuing any sanction (IU Academic Handbook, campus based Academic Handbooks, UHRS employee policies, Code of Student Rights and Responsibilities). If alleged abuser is one of the university officials identified herein, the Director of Public Safety shall report and consult with their superior, or in any instance, the Provost/Chancellor, or the President, or the Board of Trustees if necessary.
The Office of the VP and General Counsel shall maintain a report of each allegation, together with a summary of the internal evaluation, the findings and sanctions, if any, that are imposed.
If the alleged abuser is not a member of the Indiana University community, but is present at IU through a third party vendor or other external entity authorized to be on campus, that external entity will also be notified that the alleged abuser will no longer be permitted on campus/facilities owned by IU.
Indiana University programs must use HireRight, the university-designated vendor to complete background checks. To initiate the background check process, the applicant must first complete a Background Check Consent Statement, which gives Indiana University the explicit written consent of the candidate to conduct a criminal background check. Individuals applying for Staff positions will complete the consent form in the on-line application program, OLA, when they set up their record. All other individuals (Faculty and Academic staff, Hourly employees, and Volunteers) will print a paper copy of the consent form and submit the completed form to the department where the position exists. The department must receive a paper copy of the selected candidate's signed and dated Background Check Consent Statement prior to conducting the criminal history and sex and violent offender registry checks. A faxed or photocopied form is acceptable. Departments are to maintain the completed Background Check Consent Statement.
After the department has received the signed consent form, the department can obtain the selected candidate's social security number and date of birth. The private information may be collected in person, over the telephone, or in writing from the applicant. Due to security concerns, this private information is not to be sent electronically. The request for a criminal background check is then entered on the HireRight website by the hiring department's authorized person. If the department does not already have an authorized user, it should designate a person to perform this duty and submit the following information to the campus Human Resources office.
To become an authorized HireRight user, the campus Human Resource office needs the following information for the department's authorized person:
- First and last name
- Position title
- Campus phone number
- Campus fax number
- E-mail address
- IU username
- Campus address
- Dept code (i.e. BL-BUS, UA-HUMM)
Authorization for access must come from a member of management within the department. The campus Human Resource office will notify the department's authorized user after the HireRight set up is complete. The authorized user will receive an email from HireRight with an initial assigned password. Once the record is set up, the authorized user can log in to the HireRight system at: www.hireright.com
Detailed instructions for requesting a background check are on the HireRight site. For applicants that will work with programs involving children, only the IU Standard Check should be selected, not the limited check.
Make sure to check the summary of the information entered before finalizing the order as failure to verify the information could lead to additional charges, complications in the billing process, and incomplete or false results. Each background check ordered must have an IU Reference Number assigned which is critical for HireRight to use in submitting “Pending” cases to the correct campus Human Resources office, for those offices to use in determining the hiring department, and for UHRS to use in billing for the background check request. The campus Human Resource office can assist departments that need help in creating an IU Reference Number.
The IU Reference Number: This is a required IU number which must be entered into the HireRight’s screen before it can be submitted. The number begins with the two digit campus abbreviation (e.g. BL, IN, KO); followed by the department’s HRMS code; and ending with the account number to which any HireRight fees are to be billed. The use of dashes to separate these three components aids in reading them. For Volunteers, the number is to begin with VL university-wide in place of the two digit campus abbreviation.
Upon completion of the background check, HireRight will inform the university of the results. If there are no court records, an email will be sent to the person who submitted the request stating the candidate "Meets Company Standards." If a court record has been found, an email will be sent to the office that has been designated for the campus for Faculty and Academic staff or Staff and Hourly employees or to the University Director of Public Safety for all Volunteers (VL) informing them that the status is "Pending." That office will take next steps and contact the department depending on the status of the applicant and in accordance with the above policy statement.
The office that receives the "Pending" email notice will then send a letter to the applicant informing him or her of the results of the background check, along with a copy of the background check report and a statement of his or her rights under the Fair Credit Reporting Act (FCRA). The letter or email will state that (a) a conviction has been found, (b) a final decision will be made shortly about the individual’s status, (c) the report may be considered in that decision, and (d) if the individual has any questions about the accuracy of the report, he or she should contact HireRight at the provided address. NOTE: The contents of all letters are prescribed by the FCRA.
Each month, HireRight will submit a bill to UHRS for the previous month's requests. The bill will contain the name of each individual for whom a check has been performed and the cost of that check. UHRS will sort the requests by university account number and charge the appropriate accounts.
Submitting program information:
Programs including children must complete an online information form at least seven days prior to the start of the program. The form can be found on the Protect IU OneStart service (within the gold "Services" tab).
Recurring programs must submit/update the form at least once each year.
Child/Minor – A child or minor for the purposes of these provisions shall be any person under the age of eighteen (18).
Programs – The term “program” includes ongoing or planned events that are designed to include children such as camps, lessons, workshops, clubs, teams, projects, practices, tours, or open-houses.
The term “programs” does not include: 1) Single performances or events open to the general public that are not targeted toward children (such as varsity athletic competitions, plays, concerts). 2) Regularly scheduled classes or activities designed primarily for enrolled students who are age 17 and above.
NOTE: This definition may not capture certain circumstances in which minors are present on campus, and further consideration will be given as to whether they fall within the scope of the policy.
NOTE: This definition does not include the placement of students, for academic credit and/or clinical or student teaching requirements, with external entities. Rather, when schools and/or departments place students at external entities for such purposes, students must be informed of their obligation to comply with the external entity’s own policies and procedures, including those regarding background checks and working with minors.
Programs in violation of this policy may be denied permission to continue operation at Indiana University.
Any violations of university policies by an individual will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university. Legal prohibitions regarding physical presence on campus/trespassing may also be pursued.
Suspected violations of law will be referred to law enforcement and may result in criminal penalties.
|Univ. Director of Public Safety||Jerry Mingeremail@example.com|
|Insurance, Loss Control & Claims||Larry Stephens, Directorfirstname.lastname@example.org|
|Envir. Health & Safety||Mike Jenson, Directoremail@example.com|
|Emer. Management||Diane Mack, Directorfirstname.lastname@example.org|
|UHRS (HireRight)||Dan Rives, Assoc. VP||812-855-2239
|UHRS (HireRight)||Rob Springston, Univ. Director
of Employee Relations
|IUB Police||Keith Cash, Chief of Policeemail@example.com|
|IUPUI Police||Paul Norris Jr., Chief of Policefirstname.lastname@example.org|
|IUE Police||Burton Cole, Chief of Policeemail@example.com|
|IUK Police||David Selby, Chief of Policefirstname.lastname@example.org|
|IUN Police||Patricia Nowak, Chief of Policeemail@example.com|
|IUS Police||Charles Edelen, Chief of Policefirstname.lastname@example.org|
|IUSB Police||Martin Gersey, Chief of Policeemail@example.com|
|IPFW Police||Jeffrey Davis, Chief of Policefirstname.lastname@example.org|
|IU Child Protection Program||Roberta Hibbard, MD
IU School of Medicine
This policy was established in 2012.