The following rule provisions apply to a sponsoring
unit offering or approving a program which involves minors or provides
university housing for minors participating in a program. If needed, sponsoring
units can contact the office of university compliance to establish program
specific forms and for sample agreements with third parties running programs on
campus. All forms shall be approved by the office of university compliance or
the office of general counsel prior to use.
(A) Communication and
notification.
(1) The sponsoring unit
shall establish an appropriate procedure for notification of the minor's
parent/legal guardian in case of an emergency, including medical or behavioral
problem, natural disasters, or other significant program disruptions.
Authorized adults with the program, as well as participants and their
parents/legal guardians, shall be advised of this procedure in writing prior to
the participation of the minors in the program.
(2) The sponsoring unit
shall maintain a list of all program participants and a directory of program
staff. This list shall include participant's name; local room assignment
(if applicable); gender, age, address, and phone number(s) of parent or legal
guardian, as well as emergency contact information.
(3) The sponsoring unit
shall provide information to the parent(s) or legal guardian(s) detailing the
manner in which the participant can be contacted during the
program.
(B) Medical treatment, administration of
medicines and emergency services.
(1) Minors, as defined in
this rule, are not eligible for medical care at the university's student
health clinic. The clinic shall see non-enrolled minors in the event of a
medical emergency; such care necessarily requires permission from the
minor's parent or guardian. Generally, if x-ray or specialty care is
necessary, the clinic shall make the appropriate referrals. The medical
director and staff are available to consult with program staff regarding
health-related issues.
(2) If the industry
standard for the program includes the collection of medical information, the
sponsoring unit shall obtain a medical information and release form, located in
appendix A to this rule, for each program participant and program staff member
who is a minor. All forms shall include the following:
(a) A statement informing the parent/legal guardian that
the university does, or does not, as applicable, provide medical insurance to
cover medical care for the minor.
(b) A statement authorizing the release of medical
information and emergency treatment in case the parent/legal guardian/emergency
contact cannot be reached for permission.
(c) A list of any physical, mental or medical conditions
the minor may have, including any allergies that could impact their
participation in the program.
(d) All emergency contact information including name,
address and phone number of the emergency contact.
(3) If the industry
standard for the program includes the collection of medical information, the
sponsoring unit shall obtain a self-administration of medication form and a
consent for over-the-counter medication form, located in appendix B to this
rule, for each program participant. Forms shall also be obtained for program
staff members that are minors. Distribution of participant medicines by program
staff shall be handled under the following conditions:
(a) Program staff shall be responsible for reviewing all
forms and assessing needs of each program participant.
(b) The participant's family provides the medicine in
its original pharmacy container labeled with the participant's name,
medicine name, dosage and timing of consumption. Over-the-counter medications
must be provided in their manufacturer's container.
(c) Program staff shall keep the medicine in a secure
location, and at the appropriate time for distribution shall meet with the
participant.
(d) The program staff member shall allow the participant to
self-administer the appropriate dose as shown on the container.
(e) Parent(s) and/or guardian(s) are expected to make
arrangements for the administration of any medicine that the participant cannot
self-administer.
(f) Devices for the self-administration of medications
which are prescribed by a physician may be carried by the participant during
program activities (e.g. "epi" pens and asthma inhalers). If the
participant should not self-administer medication, for example because of the
young age of the participant, the program staff shall store these medications
in an appropriately accessible location.
(g) Over-the-counter medications can only be administered
with prior approval from the participant's parent or guardian. Program
staff should make reasonable efforts to have basic first-aid kits available if
needed. Participants can self-administer over-the-counter medication that they,
themselves, bring.
(4) The sponsoring unit
shall arrange for medical care appropriate for the nature of program activities
including on-site emergency medical service coverage, if needed.
(C) Supervision of minors and access to
university facilities.
(1) Other than in cases
outlined as follows, program staff should make every effort to ensure all
activities involving minors are supervised by at least two authorized adults or
by parent(s) or legal guardian(s) of the participants. Some of the factors to
be considered in determining requirements for supervision are the number and
age of participants, the activity(ies) involved, type of housing, if
applicable, and age and experience of the program staff members. It is
acceptable for an individual program staff member to provide program services
to a group of participants (e.g., classroom instruction or outdoor activities)
if the activity is conducted in an open or public area where the group is
visible to others outside the group at all times. This includes classroom or
meeting activities where open doors or windows allow for a clear line of
sight.
(a) Recommended ratios of program staff to program
participants based on gender distribution of the participants, in accordance
with American camp association guidelines, located found in appendix C to this
rule.
(b) Program staff shall assign a staff member who is at
least twenty-one years of age to be accessible to participants. The staff
member must reside in the housing unit, if applicable. Additional authorized
adults should be assigned to ensure one-on-one contact with minors does not
occur and that appropriate levels of supervision are implemented.
(c) When currently enrolled Cleveland state university
students are hosting minor high school students participating in pre-enrollment
visitation, the hosting university student(s) will not be required to submit to
a background check or be at least twenty-one years of age and the requirement
for two authorized adults will not be required. The department of enrollment
service and the office of residence life shall provide a list of any
pre-enrollment visitors and hosts prior to the start of the
program.
(d) Guests of residents in university housing are required
to follow all rules as provided under the guide to residential
living.
(e) Training for the program staff shall include, at a
minimum, information about responsibilities and expectations; policies,
procedures, and enforcement; appropriate crisis/ emergency responses; safety
and security precautions; addressing medical emergencies; confidentiality
issues involving minors; and university responsibility/liability. Program staff
must know how to request local emergency services and how to report suspected
child abuse in accordance with rule 3334-95-01 of the Administrative Code.
(child protection and reporting of child abuse policy.)
(f) Responsibilities of program staff shall include, at a
minimum, informing program participants about safety and security procedures,
university rules, rules established by the program, and behavioral
expectations. Program staff is responsible for following and enforcing all
rules and shall be able to provide information included in this rule to program
participants and be able to respond to emergencies.
(2) In addition to the
requirement that two adults shall be present at all times when minors are being
supervised, an additional authorized adult should be available as a
"floater" to stand-in if one of the two adults in a classroom or
other situation must leave the area. The two authorized adults shall not be
family members of the participants.
(3) All supervised
participants in a university program or a program taking place on university
property are permitted in the general use facilities (e.g. athletic fields,
public spaces, academic buildings) but may, as needed, be restricted from
certain areas of the facilities (e.g. storage rooms, equipment rooms, athletic
training rooms, staff/ faculty offices) or from utilizing certain equipment.
Program staff shall inform participants of these limitations.
(D) Program rules of conduct
Program staff shall develop and make available to
participants the rules and disciplinary measures applicable to the program.
Program participants and staff must abide by all university regulations and may
be removed from the program for non-compliance with rules. Participants and
parents/guardians should complete the rules and disciplinary procedures form
located in appendix D to this rule. In addition, the following shall be
included in program materials and stressed during the program:
(1) The possession or use
of alcohol or drugs are prohibited.
(2) Fireworks, firearms,
guns, knives, archery equipment and other weapons are prohibited unless being
used for an officially sanctioned and approved instructional
program.
(3) The parking of staff
and participant vehicles must be in accordance with Cleveland state
university's parking regulations.
(4) Rules and procedures
governing when and under what circumstances participants may leave university
property during the program.
(5) No violence,
harassment, sexual abuse or sexual harassment, shall be tolerated.
(6) Hazing, of any kind,
is prohibited. Bullying including verbal, physical, and cyber bullying are
prohibited.
(7) No
theft.
(8) Use of tobacco
products shall not be tolerated by participants or program staff. Smoking and
tobacco use is prohibited in all university buildings and on all university
campuses.
(9) Misuse or damage of
university property is prohibited. Charges shall be assessed against those
participants who are responsible for damage or misusing university
property.
(10) The inappropriate
use of cell phones, cameras, imaging, and digital devices is prohibited
including use of such devices in showers, restrooms, or other areas where
privacy is expected by participants.
(E) Media and information
disclosure
Program staff shall obtain a Cleveland state
university media release form, located in appendix E to this rule, as part of
the program registration process. All data gathered shall be confidential, is
subject to records retention guidelines, and shall not be disclosed, except as
provided by law.
(F) Background checks
(1) All adult program
staff that have direct contact with minors or supervise a program with minors
are required to have a background check on record with the university before
the authorized adult is hired or allowed to engage with minors.
(2) For those program
staff that are university employees, human resources shall verify that a
background check has been performed. If required by law or in the discretion of
the sponsoring unit, the background check may include a fingerprint background
check through the Ohio bureau of criminal investigation (BCI) and the federal
bureau of investigation (FBI). If a BCI/FBI background check is not required
and the employee has not completed a background check, one shall be conducted
consistent with rule 3344-60-01 of the Administrative Code (employee background
screening policy). Background checks shall be reviewed and approved by human
resources prior to being hired and/or engaged in working with
minors.
(3) In order to complete
a background check, the program-sponsoring unit shall contact human resources
to have these background checks completed no later than two weeks prior to the
start of the program.
(4) A decision not to
permit an individual to participate in a program or activity covered by this
rule based on the results of a background check shall be made by the assistant
vice president for human resources after consultation with the appropriate
university officials. Results of background checks conducted under this rule
shall be used only for the purposes of this rule, except that the university
reserves the right to take appropriate action with respect to its employees who
may have falsified or failed to disclose information material to their
employment on employment applications, uncovered as a result of the background
check, including and up to immediate termination of employment. Copies of
background check reports shall be retained in human resources in accordance
with rule 3344-60-01 of the Administrative Code (employee background screening
policy).
(5) Non-university
entities providing adult supervisors for university-based programs shall
conduct background checks on program staff and directors at least comparable to
the standards indicated in this paragraph, including conducting BCI/FBI
background checks where required by law or best practices.
(6) All contracts for the
services of independent contractors that will have access to or contact with
minors shall include a provision assuring that the employees of such
independent contractors or the contractor (in the case of a solo contractor)
has complied with, at a minimum, background checks and training comparable to
those required by the university under this rule. In addition, all independent
contracts shall reference and attach copies of this rule and rule 3344-95-01 of
the Administrative Code (child protection and reporting of child abuse policy),
to such contracts.
(G) Programs directed by non-university
entities
(1) The university hosts
non-university camps and other educational programs or activities on the
university campus. The non-university party shall secure a university host in
order to utilize campus facilities. Authorized representatives of the
non-university party and the university host shall reduce the relationship to
an agreement signed by both representatives. In the case of the lease of
facilities, the university host shall be considered the office of campus
services.
(2) The agreement shall
Require the non-university sponsoring unit to agree to comply with this
rule.
(3) The sponsoring unit
must provide at least one administrative program director with responsibility
for satisfactory operation of the camp, including:
(a) Maintaining discipline among the participants and
compliance with university rules, including overseeing the care of residence
hall property and observance of applicable curfews;
(b) Arranging for medical treatment in all cases of illness
and injury occurring during the camp, including transportation to and from the
medical facility, and ensuring that appropriate insurance forms and information
are provided;
(c) Maintaining regular and open communication with host
office at the university, sponsors, and residence hall personnel;
(d) Maintaining daily contact with the host office liaison
to ensure that dining facility and program schedules are coordinated and
observed;
(e) Being on-call twenty four hours a day while the program
is in session.
(4) Provide a list of all
program staff and participants to the Cleveland state university police
department prior to the start of program activities. The list should include
all names, addresses, phone numbers and emergency contact information for staff
and participants.
(5) Conduct appropriate
background checks on program staff and director at least comparable to the
standards established in paragraph (F) of this rule.
(6) Conduct appropriate
training consistent with paragraph (H) of this rule, on protecting participants
from abusive emotional and physical treatment, and on appropriate or required
reporting of incidents of improper conduct to the proper authorities including,
but not limited to, appropriate law enforcement authorities.
(7) For each participant
in attendance, ensure the camper is accompanied by a coach or sponsor who shall
be responsible for the conduct and safety of the child while in attendance; or
assign a staff person who shall assume that responsibility for each
unaccompanied camper (ratio of counselors to campers shall meet or exceed
standards set forth in this rule.)
(8) Submit to the
appropriate vice president all printed materials used in advertising camps held
at the university.
(9) Provide the
university host entity with regular updates of anticipated space requirements
and, at a minimum, provide: (a) a best estimate of attendance sixty days prior
to camp; (b) an update every week for the four weeks leading up to camp; and
(c) a written reservation guarantee five working days prior to the
camp.
(10) Assume financial
responsibilities of key and lock replacement for keys issued for the program
and not returned to the office of residence life.
(11) Assume financial
responsibility for any special services or requests which camp director(s) may
deem necessary to enhance the camp.
(12) Assume financial
responsibility for any and all losses or damages to practice facilities,
equipment, residence halls, or other university property resulting from any act
or failure to act on the part of participants or client staff;
(13) Agree to operate in
accordance with federal affirmative action/equal opportunity and federal, state
and university anti-harassment laws, regulations and requirements (including
Title IX);
(14) To the fullest
extent permitted by law, defend, indemnify and hold harmless Cleveland state
university, its board of trustees, faculty, staff and agents from and against
any and all claims, damages, losses and expenses including but not limited to
attorneys' fees arising out of, related to, or resulting from performance
of services under the contract, regardless of whether such claim, damage, loss
or expense is caused in part or is alleged but not legally established to have
been caused in whole or in part by the negligence or other fault of the
university.
(15) Prior to the start
of the program, and prior to coverage expiration, the non-university party must
provide evidence of the following insurance coverage to the sponsoring unit and
the office of university compliance: commercial general liability insurance in
combined single limits of not less than one million dollars per occurrence for
bodily injury and property damage. Such coverage shall include sexual
molestation and abuse coverage and automobile liability insurance if vehicles
are going used to transport persons. Such insurance must be written in combined
single limits of not less than one million dollars per occurrence for bodily
injury and property damage; statutory workers compensation and employers
liability insurance in limits of not less than five hundred thousand dollars to
cover all persons employed by the non-university party. All insurance policies
shall be written on an occurrence form issued by an insurer with an A.M. best
rating of "A" or higher and shall name as additional insureds,
Cleveland state university, its board of trustees, faculty, staff and
agents.
(H) The parties shall contractually agree
that the third party is an independent contractor using the facilities of the
university to conduct a program. Nothing contained in the agreement or in the
activities conducted shall constitute either party to be the agent, servant, or
employee of the other party, nor create a partnership or joint venture
relationship between the parties, and each party shall be fully and solely
responsible for its own activities and obligations.
(I) Authorized personnel/signatories for
non-university groups using university facilities shall provide satisfactory
evidence of compliance with all of the requirements of this rule within at
least thirty days prior to the scheduled use of university facilities, as well
as sign an approved agreement for use of university facilities, if applicable,
to the sponsoring unit.
