Policy Governing Conduct with Minors

Policy Governing Conduct with Minors

I. POLICY STATEMENT.

Occidental College (“Oxy" or “College") seeks to maintain a safe environment for Minors who participate in College Programs or External Programs (collectively “Programs"). Members of the Oxy Community and others who interact with, supervise, or oversee Minors in such Programs are subject to this Policy.

II. APPLICABILITY.

This Policy applies to all units of the College, including student organizations, that sponsor a Program. This Policy applies to Programs in which Minors participate (including day or overnight Programs). Camps (for instance, athletics, debate, math, and science camps), clinics, laboratory workshops, and similar activities intended for elementary and high school students are covered by this Policy.

This Policy does not apply to, and specifically exempts, the following persons and Programs:

Oxy Students.
Other College/University Students.
Approved Research.
The Child Development Center.
Campus Visits.
Designated Exceptions.

III. DEFINITIONS.

Approved Research - Research and teaching programs that are subject to the review and approval of an Oxy-sponsored Institutional Review Board (IRB).

Authorized Adults - Adults, paid or unpaid, who supervise Programs, supervise Minors participating in Programs, or who regularly spend time alone with Minors in Programs (including adults who reside with Minors in residence halls for overnight Programs). Authorized Adults may be members of the Oxy Community, College Programs, or External Programs.

Campus Visits – Visits to campus for prospective students and which are run through the Office of Admissions. Admissions has specific program requirements for overnight visits by prospective students that align with this Policy.

Child Development Center - The Child Development Center, which is subject to childcare licensing and required to comply with all laws concerning the protection of minors under its care.

College Facilities - Facilities owned by, or under the control of, the College.

College Liaison - A College employee designated as the primary contact for a College or External Program, or their designee.

College Programs - Programs or activities that (1) occur on campus and are run by Oxy or (2) are under the control or direction of the College (regardless of location), and which are intended for Minors, and are not exempted from this Policy

Designated Exceptions - The Risk Manager may designate other programs or events as exempt from this Policy, in advance and in writing.

External Programs - Programs and activities that are operated by a third party using College Facilities.

Minor - Anyone under age 18 who is not exempted from this Policy.

Other College/University Students - People under the age of 18 who participate in Oxy academic programs or activities by virtue of being enrolled at another college or university and who are covered by their home institutions’ student handbook and related policies.

Oxy Community - Oxy employees, faculty, students, post-doctoral fellows, independent contractors, and volunteers.

Oxy Students - People under the age of 18 who are enrolled Oxy students, including incoming students participating in MSI, OxyEngage, Orientation, intercollegiate athletics, and similar programming, who are covered by the Student Handbook and related College policies.

IV. POLICY.

A. Presence of Minors on Campus

Oxy reserves the right, in its sole discretion, to condition, restrict, or deny access by Minors to College Facilities. All Minors, including but not limited to Minors participating in Programs, shall be subject to all Oxy policies, rules, and regulations while on campus and may be asked to leave campus if they do not comply. All Minors must be advised of and adhere to the College's Code of Student Conduct and behavioral standards generally applicable to students (to the extent appropriate for their age), including rules that prohibit discrimination, harassment, sexual assault, bullying, the use and possession of alcohol and drugs (including marijuana), and other forms of misconduct.

B. Campus Programs

Programs subject to this Policy must comply with the following terms and conditions, as well as with any other applicable requirements of federal, state, or local law:

1. Registration

The College Liaison must register a Program through the College’s online . All Programs must be approved by the appropriate Vice President or their designee at least 30 days before the Program begins (unless the deadline is waived by the Risk Manager for good cause).

No Minor may participate in a Program until their parent(s)/legal guardian(s) provides emergency contact information and signs an (), which includes an Emergency Medical Care Authorization and a Media Release Agreement. Copies of the signed original Agreement must be provided to the Risk Manager prior to the Program’s commencement and will be retained for up to 2 years after a participant reaches age 18, or in accord with the statute of limitations. The required Agreement appears at the end of this Policy.

2. Communication:

All Programs in which Minors participate must have a procedure for notifying the participants’ parent(s)/legal guardian(s) in the event of an emergency. The College Liaison will maintain a copy of the participants’ emergency contact information on site until the Program concludes.

All parent(s)/legal guardian(s) of Minors should be provided with contact information (including the name of the College Liaison) to reach participants while the Program is in session.

3. Medical Emergencies:

All Programs must obtain: (i) authorization for transportation and emergency medical treatment of Minors in the event that the parent(s)/legal guardian(s) and the designated emergency contact(s) are not available; and (ii) information about any allergies or other medical condition or physical limitation that might impact a Minor’s participation in the Program.

In the event that any participants require administration of medicines during the Program, necessary procedures shall be established in accordance with applicable law. Any and all information concerning a participant’s medical condition or physical limitations shall be treated as conﬁdential and shared only on a need-to-know basis.

4. Supervision:

All Programs in which Minors participate must have adequate supervision in light of the number and average age of participants, the nature of the Program activity, and whether an overnight stay is involved. A minimum of two Authorized Adults is required for all Programs, in case of emergency.

For daytime Programs, the ratio of Minors to Authorized Adults should generally be 8:1 (for children up to age 14) or 10:1 (for children ages 15-17).
For overnight Programs, an Authorized Adult must reside in each of the residence halls where Minors are housed, with the ratio of Minors to Authorized Adults generally being 10:1. The Program should specify age-appropriate curfews, rules pertaining to any visitors, and limitations on the use of free time.

To the greatest extent possible, two Authorized Adults should be present at all times when supervising or having contact with Minors.

C. Background Checks and Training for Campus Program

College Liaisons may not register a Program and Authorized Adults may not have direct contact with Minors participating in a Program, until and unless they have successfully completed (i) a criminal background check as required by law and (ii) a training program on the protection of children from abuse approved by the Oxy Human Resources Department. In addition, the College Liaison or appropriate designee must develop and provide all Authorized Adults with an explanation of their responsibilities (job description), applicable standards of conduct, Program policies and procedures, the manner in which such policies and procedures are enforced, training in appropriate crisis/emergency responses, safety and security precautions, conﬁdentiality issues involving Minors, and such other matters as the College deems appropriate with respect to a particular Program.

In some instances, though the Policy applies to a Program, the program staff background check and training requirements of this Policy do not apply. Those circumstances are:

Events on campus which are open to the general public and which Minors attend at the sole discretion of their parent(s)/guardian(s), such as Screen on the Green, fairs, sporting events, and other community events;
Non-residential, daytime (no overnight), individual events with a total annual duration of 8 hours or less.

However, events open to the general public and one-day events must still be registered with the appropriate Vice President, have adequate adult supervision, and College Liaisons must abide by this Policy. In addition, Authorized Adults for these events must include at least one identified adult staff person, present at all times, who has a current background check on file with Human Resources.

D. External Programs

Organizations or individuals who operate External Programs must meet recognized standards of appropriate conduct and oversight, conduct criminal background checks as , provide staff training equivalent to that required for Campus Programs, maintain appropriate staffing ratios and supervision as described in this Policy, and report incidents according to Reporting Requirements below. Questions about External Programs can be directed to conference@oxy.edu or 323-259-2795.

E. Behavioral Standards

Individuals serving as College Liaisons or Authorized Adults must:

Always be vigilant in protecting the well-being and safety of Minors participating in Programs.
Watch for signs of Minor abuse or neglect. Promptly report any known or reasonably suspected instances of abuse or neglect, as well as any violations of this Policy or law, as outlined in the Allegations of Inappropriate Conduct and Other Reporting Responsibilities sections of this policy.
Adhere to and observe appropriate behavior and boundaries with Minors, including the following:
- Avoid being completely alone with an individual Minor, particularly in a place that is not commonly viewed as a normal meeting area. Trips in College vehicles and walks through the campus, for example, should ideally include more than one Authorized Adult but may also include the presence of more than one child. This does not mean that Authorized Adults are prohibited from taking a Minor aside for a brief, conﬁdential conversation about the Minor ’s behavior or to discuss some matter at the Minor ’s request. This does mean that such a meeting should ideally take place in the presence of a second Authorized Adult or in full view of other people.
- Unless required by the nature of the activity (for example, counseling or therapy sessions), avoid meeting individually with a Minor behind closed doors, regardless of gender. This applies when tutoring or providing individual lessons or academic guidance.
- Use good judgment about physical closeness. Avoid contact that may be misinterpreted. This does not mean that an Authorized Adult may not give a Minor a “high-five" or touch their shoulder to get their attention. However, Authorized Adults should not touch a Minor in an intimate way, against their will, or engage in highly physical contact, such as picking them up, giving back rubs, tickling, roughhousing, or horseplay.
- Never administer corporal punishment.
- Use good judgment about restroom trips. Do not go into the stall with a Minor. It is best to bring more than one Minor at a time to the restroom, but if that is not possible, maintain an appropriate distance from the stall.
- Use good judgment about verbal or electronic communications with or about Minors. Do not disclose conﬁdential information, and do not disclose or respond to questions involving intimate relationships or sexual matters.
- Use discretion and consider the age of the Minor when discussing personal issues.
- Use words with care. Never berate, intimidate, harass, or belittle a Minor. Giving praise is appropriate, but use discretion when complimenting Minors. Do not get too personal.
- Be constantly aware of your responsibilities and position as a role model.
- Do not take pictures of Minors except for allowable use of photography for Program-related purposes.
- Do not “friend" Minors or approach them on social networks; provided, however, nothing herein shall prohibit communications between athletic coaches and recruits that are otherwise appropriate under NCAA guidelines.
- Do not provide Minors with alcohol or legal/illegal drugs. Authorized Adults are prohibited from being under the inﬂuence of alcohol or illegal/impairing legal drugs while supervising Minors.
- Avoid engaging in any behavior commonly deemed unprofessional, unethical, or immoral, either directly or indirectly with a Minor or in the presence of a Minor.

If you are ever unsure about what is appropriate, seek advice from a supervisor or director, and always err on the side of caution.

In connection with overnight Programs, the following boundaries must be observed:

Avoid being alone with a Minor in the Minor ’s room, in your room, or in any other bedroom.
Never sleep in a Minor ’s room or allow a Minor to sleep in your room.
College Liaisons or Authorized Adults may not bring visitors or guests to their rooms. Guests of participants (other than parent(s)/legal guardian(s)) are restricted to visitation in the residence hall lobby and/or ﬂoor lounges, and only during approved hours speciﬁed by the Program, which shall in no case be later than midnight.
Use discretion when changing your clothes around Minors. Change in an area away from Minors.
Use discretion when supervising while Minors are showering, changing, or using the restroom.

F. Allegations of Inappropriate Conduct

College Liaisons and Authorized Adults shall:

Immediately report any violation of Section IV.E (Behavioral Standards) of this Policy to the College Liaison, Campus Safety, and/or emergency responders as appropriate.
Immediately report any known or reasonably suspected instances of abuse or neglect, as described in Section IV.H (Other Reporting Responsibilities).
Assure the safety of Minors, irrespective of any other limitation or requirements. This includes a duty to remove Minors from dangerous or potentially dangerous situations and to immediately notify Campus Safety, as appropriate, of the dangerous condition.
Discontinue any further participation in the Program when an allegation of inappropriate conduct has been made against them, until such allegation has been satisfactorily resolved.

G. Other Reporting Responsibilities

All member of the Oxy Community should care about Minors, and we strongly encourage them to report any instances of known or reasonably suspected abuse, molestation, or neglect as follows.

Those members of the Oxy Community covered by must report any instances of known or reasonably suspected abuse, molestation or neglect relating to Minors in covered programs. All College Liaisons and Authorized Adults must be familiar with and comply with laws (where applicable) regardless of whether any Minors are exempt from this specific Policy.

Two concurrent reports must be made:

1. External report

The external report must be placed to the at (800) 540-4000, or to the (or your local law enforcement agency if outside the city of Los Angeles).

Failure by a California Mandated Reporter to make these reports as soon as possible will subject them to discipline up to and including termination and/or dismissal.

2. Internal report

Authorized Adults must also notify the Civil Rights & Title IX Coordinator and the Director of Campus Safety:

Civil Rights & Title IX Coordinator: Reporting Options
Campus Safety: (323) 259-2599.

In addition, all College Liaisons and Authorized Adults must be familiar with the College’s Sexual and Interpersonal Misconduct policy, which discusses their obligations related to other issues (such as sexual misconduct, dating and domestic violence, and stalking).

3. CANRA Summary

Under California law, an individual must make a mandatory report of suspected child abuse and neglect, including sexual assault when that individual, in their professional capacity or within the scope of their employment, has knowledge of, or observes, a minor under the age of 18 whom the individual knows or reasonably suspects has been the survivor of child abuse or neglect. The source of abuse does not need to be known in order to file a report. It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement.

H. Oxy Internal Forms

Registration for Programs Involving Minors Form
Background Check Disclosure & Release Form: contact Human Resources at hr@oxy.edu
Online Training Request: contact Human Resources at hr@oxy.edu

I. Program Forms for Parents/Guardians

V. POLICY HISTORY.

Responsible Officer(s): Chief Human Resources Officer; General Counsel

Effective Date: June 1, 2017

Last Revised Date: July 8, 2024

VI. RELATED POLICIES AND RESOURCES.

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Code of Student Conduct

Institutional Review Board

Registration for Programs Involving Minors Form

Title IX & Civil Rights Reporting Options

Sexual and Interpersonal Misconduct P olicy