Handbook of Operating Procedures
Chapter 9 - General Provisions
Previous Publication Date: September 22, 2022
Publication Date: September 10, 2021
Policy Owner: President

9.51 Youth Protection Program

I. POLICY STATEMENT

It is the policy of The University of Texas at San Antonio to provide oversight and training for camps and programs involving minors held on University premises or operated by the University which have recreational, athletic, religious, or educational activities for the campers. This includes all camps or programs covered by Texas Education Code, Chapter 51, Section 51.976, including any day camp, activity, or University Athletics event sponsored by the University.

This policy does not apply to university course-based academic service learning or research approved by the Institutional Review Board (“IRB”)

II. RATIONALE

This policy outlines the procedures which UTSA must follow to ensure the safety of minors participating in camps or programs on University premises or participating in those programs sponsored or supported by the University. This policy also supports compliance with federal and state law.

III. SCOPE

This policy applies to all University employees, affiliates, volunteers, contractors, and visitors who are designated individuals as defined by this policy. The policy applies to all campus programs for minors (programs) held on University property, as well as those programs sponsored by the University.

IV. WEBSITE ADDRESS FOR THIS POLICY

http://www.utsa.edu/hop/chapter9/9.51.html

V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

Jeanne Clery Act

Texas Education Code, Chapter 51, Section 51.976

Texas Education Code, Chapter 22, Sections 22.0831 – 22.0837

Texas Education Code, Chapter 38, Section 38.0041

Texas Administrative Code, Title 25, Part 1, Chapter 265, Subchapter N, Rule § 265.403

UT System Policy UTS124 - Criminal Background Checks

UTSA HOP 4.30 – Criminal Background Checks

VI. CONTACTS

Youth Protection Program Coordinator: 210-458-4153

Title IX Coordinator: 210-458-4120

University Athletics Compliance: 210-458-5493

VII. DEFINITIONS

Camper:
A minor (under age 18) who is attending a campus program for minors (program or programs) on University premises or attending such a program sponsored by the University. This definition does not include University students who are under the age of 18.

Campus Program for Minors (Program or Programs):
Any program or camp held on University premises in-person or virtually that offers recreational, athletic, religious, or educational activities to minors, or one that is University sponsored. This excludes programs for University-enrolled students under the age of 18.

Camp/Program Director:
The University college, school, units, or department employee who operates or supervises a campus program for minors (program or programs), regardless of profit.

Designated Individual(s):
Any person involved in a campus program for minors (program or programs), who has contact with a minor. This includes those programs held on campus or one which is sponsored by the University. Examples of designated individuals include but are not limited to faculty, staff, student workers, volunteers, and contracted employees.

Event(s) or Contest(s):
University Interscholastic League (UIL) state office-sponsored programs that provide extracurricular academic, athletic, and music contests for minors who are students at UIL member schools.

Minor:
An individual under the age of 18. For purposes of this policy, this definition does not include University-enrolled students under the age of 18.

University Athletics:
A unit of the University that provides educational extracurricular athletic contests for students who attend University Athletics member schools.

Youth Protection Program Coordinator:
The University employee responsible for the oversight of any camp or program involving minors held on University property or sponsored by the University.

VIII. RESPONSIBILITIES

The youth protection program coordinator exercises ultimate authority over youth program compliance.

Each sponsoring program shall have a designated camp/program director whom is responsible for ensuring policy compliance, for updating contact information, and for registration.

The youth protection program coordinator shall report to the office of Institutional Compliance and Risk Services, and the vice president with oversight over that office. Each organizational unit shall appoint an administrator who will be responsible for that unit’s youth programs.

It is the responsibility of the organizational unit to which the program reports to monitor and to ensure compliance with this policy.

IX. PROCEDURES

Presence of Minors on Campus

The University reserves the right to condition, restrict, or deny access to University facilities by minors at its discretion. All minors, including those participating in a campus program for minors (program or programs), will be subject to all applicable University regulations while on campus, and may be asked to leave the campus if unable to comply.
Authority

The UTSA president delegates authority to the youth protection program coordinator for oversight of any camp or program involving minors held on University property or sponsored by the University.

Requirements for University-Sponsored Programs Involving Minors (Excluding University Athletics)

Each University-sponsored program involving the participation of minors must comply with the following terms and conditions, as well as any other applicable requirements of federal, state, or local law or regulation.

Program Eligibility. The University requires any program involving minors to be sponsored and controlled by a University college, school, unit, or department. Student organizations are not permitted to hold a program. Student organizations may participate in a program sponsored by a college, school, unit, or department, at the discretion of such college, school, unit or department.
Program Registration. Each University unit sponsoring a program in which minors participate, whether located on or off campus, is required to register such program with the youth protection program coordinator or designee not later than thirty (30) days prior to the commencement date of the program. Any amendments or changes to the program registration should be submitted as soon as is practicable after the need for amendment becomes known. To register a program, utilize the YPP Online Registration System, which will require:
1. Camp/program name;
2. camp coordinator for the program; and
3. list of all designated individuals and for each of them the following information:
  1. University employee identification number (myUTSA ID)
  2. date employed
  3. state approved training course name
  4. course approval number
  5. date training completed
  6. date criminal background check completed
  7. Requirements for Designated Individual(s)
Communication Plan. Each program must follow the guidelines in the Youth Protection Program Guidebook and Camp Emergency Plan regarding notification of campers’ parents/legal guardians. The camp coordinator of each program must:
1. provide designated individuals with contact information for parents/legal guardians of campers to be used in the event of an emergency;
2. ensure the parents/legal guardians are provided with contact information to reach the camp staff while the program is in session; and
3. utilize the communication plan template provided by the Youth Protection Program Coordinator.
Medical Emergency Plan. The camp coordinator of each program must obtain from each camper’s parent/legal guardian the following:
1. authorization to permit transportation of the camper to University Health Services or a local hospital, as determined by the university and deemed necessary in an emergency;
2. authorization for emergency medical treatment in the event the parent/legal guardian or their designated emergency contact is not available; and
3. disclosure of any allergies, other medical conditions, or physical limitations of a camper that may impact his or her participation in the program and may be useful during a medical emergency.

Supervision Plan. Each program must establish a plan for adequate supervision in light of the number and average age of campers, the program activity, and whether overnight accommodations are involved.

The supervision plan must specify the person having responsibility over all designated individuals serving in the program, the proposed ratio of campers to designated individuals over 21, and provide a proposed breakdown of designated individuals by category of employees, students, and volunteers.
Each program must have a minimum designated individual to camper ratio of the following:

Camper Age	Number of Staff	Overnight Campers	Day Only Campers
5 years and younger	1	5	6
6-8 years	1	6	8
9-14 years	1	8	10
15-18 years	1	10	12

*This is provided by the American Camp Association and is subject to change should they update their ratios.

The supervision plan for any overnight program must also
- specify curfews,
- include rules pertaining to visitors, and
- require no unsupervised free time.

Transportation Plan. Each program must establish a procedure for the pick-up and drop-off of campers, specifying times and locations, and assure that no camper will be released to any person other than his or her parent/legal guardian without specific written authorization.

The youth protection program coordinator must review and approve in advance any program which provides for transportation of campers by designated individuals after drop-off by parent/legal guardian to the campus or other site.

A designated individual is not permitted, at any time, to be alone with a minor in a car or other vehicle.

Requirements for Designated Individual(s)

Any University employee, student, parent/legal guardian, independent contractor, or other volunteer who will serve as a designated individual in any University-sponsored program, must first meet the following requirements.

1. Background Check. Camp/Program coordinators must ensure all designated individuals who will work with campers during the program undergo a criminal background check conducted each year of the program. The check must be conducted and successfully cleared prior to the start of the program.

To determine the appropriate type of background check, refer to the Office of People Excellence (OPE) reference chart at: https://www.utsa.edu/hr/cbc/
The program will use the following sources in conducting a background check:
- Texas DPS Crime Records Service – Secure or Public Site
- a sex offender registration check
- an appropriate out-of-state check
- an international check for any foreign national who the camp coordinator has reason to believe lived outside the U.S. after the age of 14 unless the person’s visa issuance or renewal occurred after implementation of the U.S. Patriot Act on October 24, 2011. (Such a check need only be conducted initially if the individual does not thereafter live outside the U.S.)

2. Training. Designated individuals must complete Child Protection training and examination. This training includes information and examination concerning warning signs of sexual abuse and child molestation.

Designated individuals must achieve a score of 70% or more correct on the examination. A designated individual will be allowed to repeat the course if necessary to achieve a passing score. Upon successful completion of the course, the designated individual will receive a certificate of completion, which they must provide to the camp coordinator before participating in the program.

Thereafter, designated individuals must complete the training and examination every two years. If the designated individual is a new employee or volunteer, they must complete the training before the program starts.

The University training module Child Protection Training is provided by the University at no cost to the designated individual.

3. Volunteer Assignment. Camp coordinators must assure that all volunteers complete a volunteer application form (available from Office of People Excellence) and are assigned to an unpaid Person of Interest/Volunteer (research/non-research) position in the Office of People Excellence position management system prior to the start of the program.

4. No Unsupervised Access. Any individual not considered a designated individual (e.g. parent/guardian) must not have unsupervised access to campers.
Requirements for University Athletics Events
University Athletics events and contests covered by this policy are staffed by University Athletics staff, contract employees, school district employees, and volunteers in supporting roles such as judges, officials, coaches, sponsors, and teachers to support student participants.
1. University Athletics -sponsored events are subject to Texas Education Code, Chapter 51, Section 51.976, The University of Texas System ("UT System") Policy UTS 124 Criminal Background Checks, and the Handbook of Operating Procedures (HOP) 4.30 Criminal Background Checks when an event or contest lasts four (4) days or more and involves an overnight stay as part of the event.
2. In accordance with Texas Education Code (Chapter 22, Sections 22.0831-0837 and Chapter 38, Section 38.0041) and Texas Administrative Code (Title 25, Part 1, Chapter 265, Subchapter N, Rule § 265.403), University Athletics is responsible for tracking and documenting training and criminal background checks for all University Athletics -affiliated volunteers and other persons working at a University Athletics contest or event. Responsibility for conducting training and criminal background checks for school district personnel and school district-affiliated volunteers involved in University Athletics events and contests rests with the school district.
Prohibit Conduct
Designated individuals working in programs covered by this policy must not engage in any behavior that could cause harm or be misinterpreted as possibly causing harm. Prohibited conduct for designated individuals includes, but is not limited to:
1. One-on-one contact with minors outside the presence of others.
2. Meeting with minors that occurs outside of established times for program activities.
3. Touching of minors in a manner that a reasonable person could interpret as inappropriate.
4. Engaging in any abusive conduct of any kind toward, or in the presence of, a minor, including but not limited to verbal abuse, striking, hitting, punching, poking, spanking, or restraining.
5. Showering, bathing, or undressing with or in the presence of minors.
6. Using, possessing, or being under the influence of alcohol or illegal drugs while working a campus program for minors.
7. Being alone in a vehicle with a minor at any time.
8. Having direct electronic contact with minors without another designated individual included in the communication.
9. Making sexual materials in any form available to minors participating in programs or activities, or assist them in any way in gaining access to such materials.
Reporting Requirements
1. Reporting Suspected Abuse or Neglect. Under Texas law, if you believe a child is being abused or neglected, you are required to report it to the Department of Family and Protective Services (DFPS). Reports may be made at any time to DFPS by phone at 1-800-252-5400 or online at Texas Abuse Hotline. The hotline and website are available 24 hours a day, seven (7) days a week. The University’s policy prohibits retaliation against good faith reporting of suspected abuse or neglect.
2. In addition to notifying DFPS and/or law enforcement, the university also requires that designated individuals report any suspected abuse or neglect of minors on university property to the Director of Equal Opportunity Services and Title IX coordinator (phone: 210-458-4120/email: EOS.Office@utsa.edu) or file a report at this link.
  
  In an emergency, or if you see a crime in progress, always call 911 immediately.
  
  Requirements for Reporting Crimes. University officials known as “Campus Security Authorities” are required by the Jeanne Clery Act to report to The University of Texas Clery Compliance Coordinator any suspected sexual assault or other crime that occurs on campus, on property immediately adjacent to the University, or on non-campus property or buildings owned or controlled by the University. All designated individuals are also mandatory reporters for Title IX and should report any suspected sexual misconduct or sexual harassment to the EOS/Title IX office immediately. The form is available on their website at https://www.utsa.edu/eos/forms.html.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

None

XI. FORMS AND TOOLS/ONLINE PROCESSES

Youth Protection Program Online Registration System

Youth Protection Program Guidebook

Camp Emergency Plan

Communication Plan Template

XII. APPENDIX