Protection of Minors (Under the Age of 18) in University Programs and Activities

Lynn University campus grounds and infrastructure are designed to provide an environment conducive to the University’s mission as an institution of higher education. For reasons that include the safety of minors and assuring the efficient performance of academic pursuits, administrative operations and services, the University has adopted the following policies which are mandatory and permit only the exceptions and exemptions contained herein.

The purpose of this Protections for Minors on Campus and in University Related Activities and Programs (“Policy”) is to promote the health, safety, and welfare of Minors on campus and in connection with Lynn University sponsored or affiliated programs and activities, whether located or occurring on or off campus, or in the course of regular business. Additionally, the purpose of this Child Abuse and Neglect Policy is to provide guidance to members of the University community regarding the reporting of suspected cases of Child Abuse and Neglect and to affirm the commitment of the University to the protection of the safety and welfare of children who visit campus or participate in University-sanctioned events. To support the protection of Minors, defined as persons under the age of 18, this Policy outlines what is required of employees, coaches and Athletic Department staff, students, student employees, contractors, vendors, and third parties, and volunteers who work in activities and programs with Minors. Among other things, this Policy sets out the expected behavior of all Authorized Adults; creates a mechanism and rules for reporting any neglect or abuse; educates and informs individuals of their reporting obligations in instances of known or suspected child abuse or mistreatment of any kind; sets out penalties and sanctions for any failure to comply with this Policy; and prohibits retaliation against anyone acting under this Policy. This Policy recognizes Programs for Minors benefit the University in many ways, including attracting potential students, community outreach, and enhance the reputation of the University due to the excellence of such Programs.

Minor(s)— a child under the age of 18, except for properly enrolled students and employees. Minors may be referred to in this and other Policies as “Participants.”

Authorized Adult—an adult, aged 18 and older, paid or unpaid, temporary or permanent, who regularly interacts with, supervises, chaperones, or otherwise oversees and participates in any activity or program for Minors, who is responsible for the care, custody or control of the Minor(s) participating in any University-sponsored program or activity. Authorized Adult includes but is not limited to University employees, coaches, faculty, staff, volunteers, graduate and undergraduate students, interns, trainers, healthcare professionals, independent contractors and consultants, student employees or volunteers, who participate in any manner in a Program defined under this Policy, all of whom are regarded as Mandatory Reporters under this Policy.

Mandatory Reporters—individuals who, in accordance with various federal and state laws and regulations and this Policy, are required to report child abuse and/or neglect when such individual has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse and/or neglect. Typically, Authorized Adults under this Policy are also Mandatory Reporters.

Program—includes any organized activity or event that is designed to include participants who are minors, sponsored by or affiliated with or offered by an academic, administrative unit, administrative unit, professional school, athletic department, branch campus, recognized student organization of the University, whether on- or off-campus, or by non-University organizations using campus facilities. It is the intent of this Policy to include within the definition of “Program” any on or off campus program involving minors and in which the University’s brand, name, and/or resources are used. Programs shall include workshops, summer camps (day or residential), and group visits, but shall exclude the following:

Exempt Programs—program exempt from this policy include (1) undergraduate and graduate academic programs in which minors are enrolled for academic credit; (2) events on campus which are open to the general public and which minors attend at the sole discretion of their parents or guardians; and, (3) campus tours or visits by minors considered to be prospective students; and (4) other programs as may be designated from time to time by the appropriate University official in advance and in writing as exempted from this policy.

Program/Activity Leader—the University point person for a University-sponsored program or activity.

Sponsoring Department—the academic or administrative department of the University which offers a program or activity or gives approval for use of university facilities.

University Housing/Facilities—Facilities and/or structures owned or leased by, or under the control of, the University intended for use as housing or for other activities such as athletic facilities.

One-on-One Contact—refers to personal and unsupervised interaction between any Authorized Adult and a Minor without at least one other Authorized Adult, parent or legal guardian being present.

Child Abuse and/or Neglect-- Child abuse means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child. Child neglect occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. This includes reporting suspected abuse committed by adults who are not the child's legal guardian and by juvenile sexual offenders.

Administrator—the President, Vice Presidents, Deans, Director of Campus Safety, the Athletic Director, and the Title IX Coordinator.

A. Mandated Reporting of Child Abuse and Neglect

Under the State of Florida’s Protection of Vulnerable Persons Act, every individual in the state is required to immediately report known or suspected child abuse and child sexual abuse, neglect, or abandonment committed on the property of the University or during an event or function sponsored by the University to the Florida Department of Children and Family Services’ Abuse Hotline, with the definition of “child” including any person under the age of eighteen. This includes reporting suspected abuse committed by adults who are not the child's legal guardian and by juvenile sexual offenders.

Failure to report a known instance of child abuse, child sexual abuse, neglect, or abandonment of any kind committed on the property of the University or during an event or function sponsored by the University is a third-degree felony, punishable by up to five years in prison and up to a $5,000 fine. In addition, the failure of a University administrator to report suspected abuse potentially exposes the University to a $1 million fine.

Please note that, in addition to the above institutional requirements for the University’s administrators, all people in Florida have an independent and individual obligation to report known or suspected child abuse, neglect and abandonment to the Department of Children and Family Services via the Abuse Hotline or Online service.

To report possible child abuse using the Abuse Hotline please go to: reportabuse.dcf.state.fl.us, call toll-free +1 800-962-2873 (TDD +1 800-453-5145), or report by fax to +1 800-914-0004.

Reports may be made (24 hours a day, 365 days a year) by phone using a toll-free telephone number, by fax, or by web-based report. For more information and tips on successful reporting visit myflfamilies.com.

Under this Policy, if a Program participant discloses any type of assault or abuse (at any time previous to, during or after the program), or an Authorized Adult has reason to believe that the participant has been subject to such assault or abuse, the Authorized Adult, as a Mandatory Reporter, must immediately call 911 or the local law enforcement agency. For instances of child sexual assault or abuse the Authorized Adult should also immediately call 911.

Authorized Adults must make all reasonable efforts to ensure the safety of minors participating in University-sponsored Programs and activities covered by this Policy, including removal of minors from dangerous or potentially dangerous situations, irrespective of any other limitation or requirement. This Policy requires immediate action by any Authorized Adult in the event of any suspected abuse or neglect.

B. General Requirements

1. Minors should be supervised at all times by an Authorized Adult while participating in a University-sponsored program or activity. Minors visiting campus for reasons other than Programs as identified by this Policy shall be under the sole supervision of that minor’s parent or guardian, who are exclusively responsible for a minor’s supervision, safety and actions, and who may not ask another person within the University community to accept responsibility for the child while on campus. Lynn University’s campus and programs are not a replacement for childcare services and the University cannot and does not accept liability or responsibility for minors on campus for purposes other than Programs as defined herein.

2. All University-sponsored activities and Programs with minors should register with the Office of Compliance in addition to seeking proper event approval through Event Services and General Counsel. Among other things, such registration insures a notification procedure of each Minor’s parent or guardian in case of an emergency, including medical or behavioral problems; permits the proper University staff to obtain medical treatment authorization if needed; and to insure adequate supervision of all Minors in any Program.

3. Program staff including all Authorized Adults under this Policy 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 adult is hired or allowed to engage with minors or to perform any services related to any Program. The background check must be reviewed and approved by Employee Services prior to being hired and/or engaged in working with minors and is an annual obligation. Please see Background Screening Policy and Procedure.

4. All Program or University staff including all Authorized Adults that have direct contact with minors or supervise a University-sponsored program with minors must abide by the Standards of Behavior listed in this policy before working in activities and programs with minors. The Standards of Behavior prohibit one-on-one contact as defined herein unless otherwise authorized in accordance with this Policy.

5. All Program or University employees and volunteers that have direct contact with minors or supervise a University-sponsored Program or activity with minors, who witness child abuse or neglect, or have information that would lead a reasonable person to believe a minor faces a substantial threat of such abuse or neglect, must follow the reporting procedures set forth in this Policy.

6. Exceptions to this Policy include: (1) undergraduate and graduate academic programs in which minors are enrolled for academic credit; (2) events on campus which are open to the general public and which minors attend at the sole discretion of their parents or guardians; and, (3) campus tours or visits by minors considered to be prospective students; and (4) other programs as may be designated from time to time by the appropriate University official in advance and in writing as exempted from this Policy.

C. Registration and Compliance, Adoption of Procedures for all Programs

1. Departments sponsoring activities and programs with minors should register with the Office of Compliance 30-60 days prior to any event under a Program as defined in this Policy. Information to be provided includes the general nature of the activities and program to be undertaken or offered; the dates and locations where minors will be participating; the names of all adults who will be participating directly with minors in the program or activity.

2. In addition, each sponsoring department is required to obtain Health and Liability Waiver forms and Medical Treatment Authorization Forms for each Program participant and Program staff member and submit it to the General Counsel’s Office prior to first day of the Program or activity. No activities under any Program as defined in this Policy may proceed without the appropriate Health and Liability Wavers being obtained.

3. Departments sponsoring activities and Programs with minors should take appropriate steps to maintain an updated list of all Program participants reflecting name; room assignment if applicable; gender, age, address and phone number of parent or guardian, as well as emergency contact information. All such Departments sponsoring activities and Programs with minors must provide information to each parent or legal guardian detailing the way participants can be contacted during the Program.

4. Departments sponsoring activities and Programs with minors must insure proper procedures are in place and followed regarding storage and distribution of participants’ medicines or protocols regarding the good health of minors participating in such Programs.

5. As part of the registration process, all Departments sponsoring activities and Programs must publish and advise all participants of fundamental rules for all such activities covered by any Program including the following:

• The possession or use of alcohol and other drugs, fireworks, guns and other weapons is prohibited.
• The parking of staff and participant vehicles must be in accordance with University parking regulations.
• Rules and procedures governing when and under what circumstances participants may leave University property during the program.
• No violence, including sexual abuse or harassment, will be tolerated.
• Hazing of any kind is prohibited. Bullying including verbal, physical, and cyber bullying are prohibited.
• No use of tobacco products (smoking is prohibited in University buildings) will be tolerated.
• Misuse or damage of University property is prohibited. Charges will be assessed against those participants who are responsible for damage or misusing University property. No theft of property will be tolerated.
• The inappropriate use of cameras, imaging, and digital devices is prohibited including use of such devices in showers, restrooms, or other areas where privacy is expected by participants.
• Suspected criminal activity involving program participants and staff will be reported to Campus Safety.

D. Background Screens

1. Background screens will be conducted in accordance with the University’s Background Screening Policy and Procedure. In addition to criminal records screens, the University will also conduct a sex offender registry search. Any person who has been convicted of or has pending charges pertaining to any of the disqualifying offenses listed in this policy will be immediately disqualified from participating in any Program involving minors. Any person who fails to comply with this background screening shall be automatically disqualified.

2. It is the responsibility of the person in charge of the University-sponsored Program or activity to assure that all Authorized Adults participating in a Program involving minors has submitted the required background screen request form(s) and has subsequently received clearance to participate. Programs will not be approved by the Office of Compliance without proof that all Authorized Adults have a clear background check on file with Employee Services and have completed the required online or other mandatory training.

3. All Authorized Adults who have either direct contact with minors or access to personal information concerning minors are required to have a current background check on record with the University at the time of hire and/or beginning work with minors. This background check must be reviewed and approved by Employee Services. All Authorized Adults must also complete a self-disclosure form confirming that they have disclosed any arrests and/or convictions that have occurred since the date of a background check and/or clearance and will disclose any arrest and/or convictions within 72 hours of their occurrence. Background checks on all Authorized Adults must be updated annually.

4. Employee Services will maintain a roster of individuals who have been cleared to participate and the dates on which a new background check will be required. The background screen will be limited to criminal offenses for which an individual has been convicted, pled guilty to a felony or misdemeanor, or where such charges are currently pending. Generally, the offenses will be some but not all of those listed in Chapter 435 of the Florida Statutes in connection with requirements for healthcare entities serving vulnerable populations. From time to time, the University may limit or expand the offenses subject to any background check.

5. A decision not to permit an individual to participate in a Program or activity covered by this policy based on the results of a background check will be made by Employee Services after consultation with the appropriate University Cabinet member. The University reserves the right to take appropriate action with respect to 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 will be retained in Employee Services.

6. All contracts for the services of independent contractors that will be working with minors must 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 screens and training comparable to those required by the University under this Policy.

E. Orientation Training

Each Authorized Adult who will be participating in a Program covered by this Policy must attend mandatory orientation training on the standards of behavior requirements of this Policy, as well as complete the online United Educators (or other training program that might be selected by the University at a later date) training course. Instructions for accessing the course will be distributed to approved programs and are also available online.

F. Standards of Behavior

1. At no time during an approved event or Program involving minors should an employee, coach, member of University staff, volunteer/third-party vendor or other person defined in this Policy as an Authorized Adult be alone with a minor. Put simply, one-on-one contact is prohibited.
2. No minor participating in a University sponsored or affiliated Program shall be left unsupervised.
3. If any Authorized Adult is assisting minors in a changing room, locker room or restroom, doors to the restroom should be open, and another Authorized Adult should be present.
4. Authorized Adults will conduct all private activities of minors such as putting on swim suits or showering and in pairs. Under no circumstances may an Authorized Adult undress, bathe or shower in the presence of a minor.
5. No corporal punishment of any kind is permitted in University sponsored or affiliated Programs. This includes physical abuse, verbal abuse, sexual abuse, mental abuse or neglect. Any type of abuse will not be tolerated and is cause for immediate dismissal.
6. A minor’s right to say "No" to any touching of any kind is to be encouraged and respected. A rule of thumb for Authorized Adults is that minors are not to be touched in areas of their bodies that would be covered by a bathing suit.
7. Authorized Adults will use appropriate touch, including pats on the back or shoulder, side hugs, handshakes and high fives, and will refrain from full frontal hugging touching of personal areas, or patting of the buttocks.
8. Authorized Adults should use positive techniques of guidance including, redirection, positive reinforcement and encouragement rather than competition, comparison and criticism.
9. Authorized Adults will not give gifts or special favors to individual minors or show preferential treatment to a minor or group of minors to the exclusion of others.
10. Authorized Adults will not have private interactions through social media, or online through computer, tablet or hand-held electronic devices with minors in any Program under this Policy.
11. Authorized Adults will respond to minors with respect and consideration and treat all minors equally regardless of sex, race, religion, sexual identity, culture, or other protected characteristic.
12. Authorized Adults will refrain from intimate displays of affection toward others.
13. Using, possessing or being under the influence of alcohol or illegal drugs during participation in any Program under this Policy is prohibited. Smoking or use of tobacco in the presence of minors or parents during participation in any Program under this Policy is prohibited.
14. Profanity, inappropriate jokes, sharing intimate details of one's personal life and any kind of harassment is prohibited when in the presence or earshot of any minor participating in Programs under this Policy.
15. Authorized Adults are not to transport minors, who are not family members, in their own vehicles without the permission of the director of the Program.
16. Authorized Adults may not date or seek an intimate relationship with Program participants.
17. Under no circumstance should a minor be released to anyone other than the authorized parent, guardian, or other adult authorized by the parent or guardian (written parent authorization on file with Program).
18. All Authorized Adults are required immediately to report any suspicion of child abuse to the proper law enforcement authorities, are required to read and sign all policies relating to identifying, documenting and reporting child abuse, and complete required prevention training provided by the University.

G. Use of University Housing

If applicable, each Program shall adopt and implement rules and regulations for proper supervision of minors in University housing. The following should be included:

1. Written permission signed by the parent/guardian for the minor to reside in University housing. Registration for an overnight camp where the fact that minors will reside in University housing will satisfy this requirement.
2. A curfew time which is age-appropriate for the participants.
3. In-room visitation to be restricted to participants of the same gender.
4. Guests of participants (other than a parent/legal guardian and other program participants) are restricted to visitation in the building lobby and/or floor lounges, and only during approved hours specified by the program.
5. The Program must comply with all security measures and procedures specified by University Housing Services and Campus Safety

H. Children in the Workplace

Consistent with section B.1 of this policy, the University has no facilities for childcare, thus, children will not be allowed in the work environment except for a brief visit pursuant to this policy. All employees should remember that the University is a work environment and should be treated as such.

Campus grounds and infrastructure are designed to provide an environment conducive to academic and work activities performed by students and employees. For reasons that include safety of minor children and assuring professional efficient performance of academic pursuits, operations, and services, the University will not accommodate minor children in campus workplaces, classrooms, laboratories, and physical plants without proper permission from an authorized member of the University community. This policy does not prohibit children from the campus when the purpose of their visit is to attend classes or to participate in activities or programs specifically approved and scheduled for their benefit (i.e., Lynn University athletic camps, sponsored family activities, etc.).

The University recognizes there may be an occasion when it becomes necessary to accommodate a minor child on campus. When those circumstances arise, the following guidelines shall be followed:

1. Children visiting campus for any reason must be under direct supervision at all times. A student, or employee bringing a child to campus is solely responsible for the child’s supervision, safety, and actions and may not ask another student, or employee to accept responsibility for looking after the child.
2. The University cannot and will not accept liability for the child’s presence on campus.

Children shall not be brought to campus as a replacement for childcare services. If an emergency situation arises that requires employees to obtain alternate childcare, Lynn University will make a reasonable effort to provide the employee with a reasonable amount of time away without pay for arranging alternate childcare.

Lynn University recognizes and respects the need to accommodate lactating mothers who choose to express breast milk, without discrimination. Lactating mothers may have an infant brought to campus periodically for breastfeeding in an area specifically designated for this purpose by the employee’s supervisor or student’s instructor. Employees may leave work to breastfeed an infant during a break time or lunch hour. Mothers may also pump breast milk in appropriate areas. The University is not equipped to address sanitation or food safety concerns and shall not take responsibility for the storage or safekeeping of pumped breast milk.

To learn more about this policy or the supporting procedures, please contact The Office of Compliance.