Minor Protection

1. PURPOSE

This policy promotes the standards and expectations of Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) and those of its sponsor, The Church of Jesus Christ of Latter-day Saints ("Church") and is designed to ensure the protection of minors on campus and to comply with applicable laws and procedures, especially, for the protection of all minors that participate in BYU–Hawaii sponsored activities or use university facilities. These minors may include, but are not limited to, family members of faculty, staff, and student families, or visitors at BYU–Hawaii.

2. POLICY

BYU–Hawaii is committed to maintaining a safe environment for minors who participate in university-sponsored activities or visit its facilities. The protection of minors from abuse is consistent with the teachings of the university’s sponsor, The Church of Jesus Christ of Latter-day Saints, with the CES Honor Code, and with applicable laws and regulations. The CES Honor Code requires university personnel and students to abide by the standards of Christian living taught by the Church, both on and off campus.

To that end, no faculty member, staff employee, administrative employee, contractor, volunteer, or student shall be involved in the abuse or neglect of a minor, whether on or off campus.

3. IMPLEMENTATION

3.1 Definitions

3.1.1 Abuse

Abuse means the acts or omissions of any person that have resulted in the physical or psychological health or welfare of the Minor, to be harmed, or to be subject to any reasonably foreseeable, substantial risk of being harmed. Abuse does not include reasonable discipline or management of a Minor, including withholding privileges, or the use of reasonable and necessary physical restraint or force on a Minor to protect the Minor or others from harm.

3.1.2 Adult

Means a person 18 years of age or older.

3.1.3 Authorized Adult

Authorized Adult means and Adult, paid or unpaid, who meets all the requirements listed in this policy necessary to qualify to have Direct Interaction with Minors in a University Program or Non-University Program (e.g., criminal-charge disclosure, Background Check, and training).

3.1.4 Background Check

Background Check means a background check pursuant to the university’s Background Check and Criminal Charge Disclosure policy.

3.1.5 Direct Interaction

Direct Interaction means interaction that involves supervision, oversight, care, control, or guidance of Minors in individual or group settings. 

3.1.6 Minor

Minor means any person under the age of 18.

3.1.7 Non-University Program

Non-University Program means an organized program, activity, or event that 

includes participants or volunteers who are Minors; 
is offered, sponsored, and operated entirely by an organization or individual not acting under the direction or control of the university or the Church of Jesus Christ; and 
is held on campus or otherwise uses university-owned facilities.

The following are excluded from the definition of Non-University Program: 

Authorized Educational Visits; 
Programs, activities, events, and services open to the general public where attendance and supervision of Minors is at the sole discretion and responsibility of parents or guardians; and 
Programs, activities, events, and services not open to the general public where parents or guardians are required to accompany their Minors.

3.1.8 One-on-One Interaction

One-on-One Interaction means individual interaction between an Adult and a Minor that is outside the immediate in-person presence of another person or through electronic communication or other means that doesn’t include another Adult. 

3.1.9 Program Director

Program Director means an Authorized Adult, at least 21 years of age, who has primary responsibility for overseeing a University Program, Non-University Program, or Authorized Educational Visit. A Program Director serves as the primary point of contact for a University Program, Non-University Program, or Authorized Educational Visit and is also responsible for ensuring compliance with the requirements of this policy.

3.1.10 University Program

University Program means an organized program, activity, or event that includes participants or volunteers who are Minors and is offered, sponsored, or operated by an organizational unit of the university. A University Program may occur on or off campus. The following are excluded from the definition of University Program: 

Authorized Educational Visits; 
Programs, activities, and events intended for undergraduate students, even if they involve Minors who are admitted undergraduate or registered for undergraduate courses (e.g., 17-year-old freshmen and high school students concurrently enrolled in BYU–Hawaii courses); 
Programs, activities, events, and services open to the general public where attendance and supervision of Minors is at the sole discretion and responsibility of parents or guardians (e.g., performances, lectures, dining facilities, BYUH Store); 
Programs, activities, events, and services not open to the general public where parents or guardians are required to accompany their Minors; 
Programs, activities, and events designed for Adults, even if a person under 18 may participate; 
Patient-care related activities of Health Services subject to separate Minor protection procedures; 
Off-campus academic or volunteer opportunities with non-BYU organizations that the university helps arrange for students, provided the non-BYU organization is solely responsible for protecting Minors (e.g., internships, student-teaching, volunteer opportunities); 
Research protocols involving Minors as human subjects, which are subject to requirements specified by BYU–Hawaii’s Institutional Review Board; 
Visits to campus by youth groups sponsored by the Church of Jesus Christ, including FSY sessions, where the group’s Adult leaders are responsible for supervising the Minors involved; and 
Employment of a Minor by the university.

3.2 Duty to Report

The university is committed to maintaining a safe environment for all Minors on campus or who are participating in university-sponsored activities. Consistent with this objective and with Hawaii state law, university employees and officers are mandated reporters and have a legal duty to immediately report to the Honolulu Police Department ((808) 723-8650) or the State of Hawaii Department of Human Services ((808) 832-5300) any situation, whether on or off campus, in which they “have reason to believe that Abuse has occurred or that there exists a substantial risk that Abuse may occur in the reasonably foreseeable future.” Reporters must also immediately notify a member of the university’s President’s Council of the report and must follow up with a written report to the State of Hawaii Department of Human Services. A person does not need tangible proof of Abuse to have a duty to report under Hawaii law. For questions about this reporting obligation, including how to make a report, or for questions about any other provision of this policy, please call the university’s University Scheduling department ((808) 675-3780), Office of Compliance & Ethics ((808) 675-3368), or Office of the General Counsel at ((801) 422-3089). In case of immediate threat of violence, call the police, 911.

Incidents of sexual harassment, including sexual abuse, sex crime, or sexual exploitation of a Minor on campus or in any University Program should also be reported to the university’s Title IX coordinator, who should ensure that university policies and procedures for investigating such complaints are followed and, if appropriate, disciplinary procedures are initiated.

University personnel, volunteers, contractors, and students who have knowledge of and fail to report or to cooperate in the investigation of complaints of Abuse may be subject to appropriate disciplinary action, up to and including termination of employment and dismissal from the university. In these situations, the university seeks to preserve the confidentiality of the reporting party, provided that it does not interfere with the university’s ability to investigate and take corrective action and is not prohibited by law. Retaliation against an individual who has filed a complaint of Abuse will be considered a violation of policy, and the retaliating person may be subject to sanction, including termination, suspension, dismissal, and/or a ban from campus, depending on the circumstances and severity of the retaliation. Encouraging others to retaliate also violates this policy.

3.3 Campus Guests

The university discourages the presence of unescorted or unsupervised Minors on campus. An employee, volunteer, contractor, or student who brings a Minor-aged relative, friend, or other guest on campus, including in campus facilities, is responsible for supervising the Minor at all times.

3.4 Authorized Adult Requirements

Only Authorized Adults may have Direct Interaction with Minors in a University Program or Non-University Program.

The following requirements and standards apply to Authorized Adults.

3.4.1 Background Checks

In an effort to protect Minors, the university will conduct background checks to the extent required by law.

3.4.2 Training

All university personnel, including faculty, staff, administrative employees, volunteers, contracted personnel, and students, shall be notified of their obligation to report suspected Abuse under Hawaii law.

University faculty, staff, administrative employees, volunteers, contracted personnel, and student employees participating in University Programs involving Minors must complete training on Abuse prevention and reporting within one year prior to each of the University Program(s).

All university employees working with Minors shall review and sign the university’s Youth Protection Policy Statement of Acknowledgement indicating they will comply with the university’s policies and standards and have completed the required youth protection training.

3.4.3 Authorized Adult Standards

Authorized Adults interact with Minors in accordance with the Standards of Conduct.

3.4.4 One-on-One Interaction

Authorized Adults should avoid One-on-One Interaction. Where avoiding One-on-One Interaction is not feasible, the Authorized Adult should take reasonable precautions to eliminate the risk of improper contact—e.g., providing a well-illuminated, easily accessible space or room observable by other Adults, and providing prior written notification to the Authorized Adult’s supervisor and the parent or guardian. One-on-One Interaction may be necessary in emergency situations.

3.5 Standards of Conduct

University Programs and Non-University Programs involving Minors should provide adequate supervision not only during scheduled activity time, but also during free time. The degree of supervision and limitations placed on the Minor participants should be commensurate with their age, maturity, discretion and other relevant circumstances.

Authorized Adults involved in University Programs must comply with the CES Honor Code.

Authorized Adults in both University Programs and Non-University Programs must not engage in any of the following:

Abuse, hazing, or bullying in any form, whether by means of direct physical contact, verbal communications, text messages, email, online forums, social networking sites, or any other method.
Striking, hitting, administering corporal punishment to, or touch a Minor in an abusive or illegal manner.
Sleeping in the same room, tent, or other same-space dwelling as a Minor, unless the Minor is the Authorized Adult’s son, daughter, or sibling;
Assisting Minors in accessing pornography or make any form of pornography available to them.
Being alone with a Minor in a bathroom, changing area, showering area, or locker room except when responding to a specific emergency.
Dressing, showering, or bathing in the presence of a Minor, unless it is part of a pre- or post-activity rinse where appropriate swimwear is worn at all times;
Transporting a Minor in a personal vehicle unless the Minor is a close relative of the Authorized Adult;
Dating a Minor, asking a Minor to keep secrets, or inviting a Minor to the Authorized Adult’s home;
Consuming, possessing, providing, or displaying tobacco, alcohol, illegal substances, or prescription drugs (unless a parent or guardian has specifically authorized in writing the administration of prescription drugs);
Carrying, using, providing, or displaying firearms or weapons of any kind (unless done in connection with a legitimate activity of the program and specifically authorized by Campus Safety & Risk Management); and
Transporting Minors in a personal vehicle during university-sponsored activities unless:
1. the Minors are relatives of the Adult; or
2. the Minors are residing with the Adult as part of the university-sponsored activity and pursuant to written consent from one of the Minor’s parents or legal guardians. Notwithstanding the foregoing, transportation of Minors during a university-sponsored program is permitted if at least three people are present in the vehicle at all times during transportation of the Minors.

3.6 Additional Guidelines

The organizational unit offering, sponsoring, or operating a University Program is solely responsible for complying with this policy and for any associated expenses.

University Programs

Prior to operation, a University Program must do the following:

Formally appoint a Program Director, who is responsible for compliance with this policy;
Document the name of each Authorized Adult, verifying that each meets the Background Check, and training requirements of this policy prior to the Authorized Adult’s involvement in the University Program;
Obtain for each Minor a participation agreement signed by the Minor’s parent or guardian, which may include these provisions:
- Parent or guardian consent for the Minor to participate;
- commitment from the Minor and parent or guardian to comply with applicable university rules and policies;
- description of the activities and an assumption of risks;
- waiver of liability in favor of BYU–Hawaii;
- authorization for emergency medical treatment if parents or guardians are unavailable;
- disclosure of any allergies or other medical or physical condition that might impact participation; and
- image consent.
Take reasonable measures to inform Minors and their parents or guardians of the BYU–Hawaii Privacy Notice;
Arrange access to emergency medical services and licensed emergency medical transport at all locations during the University Program;
Establish a procedure for notifying parents or guardians in the event of an emergency, and obtain and keep accessible contact information for parents/guardians, as well as emergency contacts in case parents or guardians are unavailable;
Provide information to parents or guardians detailing the manner in which their Minors may be contacted during the University Program;
Establish an age-appropriate procedure for the drop-off and pick-up of Minors at the beginning and end of the University Program, as well as check-out procedures during the University Program.

During operation, a University Program must

Establish a supervision structure for Authorized Adults overseen by the Program Director;
Ensure that only Authorized Adults have Direct Interaction with Minors in University Programs;
Provide an adequate supervision ratio of Minors to Authorized Adults, taking into account the number and age of the Minors, the activities involved, the type of facilities used, and the age and experience of Authorized Adults; at a minimum there must be two Authorized Adults providing supervision over a University Program;
When a Minor is taken to a medical facility, provide reasonable supervision given the policies and protocols of the medical facility and in collaboration with parents or guardians;
Limit transportation of Minors to university vehicles driven by Authorized Adults who have completed applicable training required by the university, with usage of age-appropriate safety restraints;
When changing or showering is required, provide Minors with access to changing areas and shower stalls with reasonable privacy;
Where possible, minimize changing area, shower, or locker room use by participants when Adults who are not Authorized Adults are present, and avoid allowing different-aged youth to change or shower at the same time;
Comply with procedures applicable to University Programs with online activities;

Non-University Programs

A Non-University Program wishing to operate on campus or otherwise use university facilities must first enter into a written agreement approved by Campus Safety & Risk Management requiring the Non-university Programs to do the following:

Formally appoint a Program Director;
Secure the approval of an organizational unit of the university;
Document that each Authorized Adult meets the Background Check, and training requirements of this policy and provide such documentation to BYU–Hawaii upon request;
Provide an age-appropriate supervision ratio;
Adequately supervise Authorized Adults, taking reasonable measures to ensure compliance with and enforcement of the standards of conduct set forth in this policy applicable to Non-University Programs;
Obtain for each Minor, and provide to the university upon request, an agreement approved by Campus Safety & Risk Management and signed by the Minor’s parent or guardian covering at least the following:
- parent or guardian consent for the Minor to participate;
- description of the activities and an assumption of risks; and
- waiver of liability in favor of BYU–Hawaii;
Indemnify the university for any claims arising from the Non-University Program; and
Obtain and maintain insurance coverage.

3.6 Investigations

Investigations of alleged or suspected Abuse are the responsibility of either the Hawaii Department of Human Services or the Honolulu Police Department. On-campus coordination will be provided by Campus Security.

3.7 Sanctions

In accordance with other university policies regarding personnel discipline, any university faculty member, staff employee, administrative employee, or contracted personnel convicted of Abuse will be terminated, regardless of whether the abuse occurred on or off campus. In accordance with other university policies regarding student discipline, including but not limited to the CES Honor Code, any student convicted of Abuse will be dismissed from the university, regardless of whether the abuse occurred on or off campus.

If there is a reasonable basis, as determined by the university, to believe that a university faculty member, staff employee, administrative employee, contracted personnel, or student has engaged in Abuse, on or off campus, then the faculty member, staff employee, administrative employee, contracted personnel, or student is subject to university discipline in accordance with university policy, up to and including termination or dismissal from the university. (See also Sexual Harassment policy)