Youth Protection Policy

Introduction

California State University San Bernardino (CSUSB) strives to promote an environment that is safe, engaging, and productive for all members of its community. The University recognizes the distinct, inherent risks associated with activities involving minors and endeavors to mitigate these risks by imposing the directive outlined below. CSUSB has zero tolerance for abuse or neglect of minors. Any form of abuse or neglect, sexual or otherwise, of a minor by anyone affiliated with the University is prohibited, regardless of their employment status, role, tenure status, volunteerism, or contract.

Authority

• CSU Managing Risk in Youth Programs Resource Guide (2021)
• CSU Chancellor’s Office Executive Order 1083 - Mandatory Reporting of Child Abuse and Neglect
• CSU Technical Letter HR (Human Resources) 2017-17 Background Check Policy

Definitions

Youth Program: All events, operations or activities designed for participation by minors organized by CSUSB in which youth program personnel are responsible for the care, custody, or control of minors; and all events, operations, or activities for participation by minors administered by an auxiliary organization or other third-party organization on CSUSB State property. Typical youth programs include CSUSB Programs and/or activities offered by various academic or administrative units of the University, or by non-University groups using University facilities. A program as defined by this policy includes any covered by California State University Coded Memorandum HR 2012-04: Background Checks Update or any superseding memorandum. This includes but are not limited to any program hosting minors having any of the following program elements:

• 4-H,
• Academic Clinic,
• Academic Program or Event,
• CEGE Programs,
• Community Based Service (tutoring, mentoring, after-school programs, etc.),
• Community Event on Campus,
• Day Camp,
• Sport Camps or Clinics,
• Lessons (music, art, etc.),
• Research and Lab Activities,
• Resident/Overnight Camps,

Youth Program Personnel: Any full-time or part-time employee of CSUSB State or its auxiliary organizations working in any youth programs run or sponsored by CSUSB or its auxiliary organizations; or any students, student assistants, or volunteers working in any youth program administered or sponsored by CSUSB or its auxiliary organizations.

Youth or Minor: Any person under the age of 18. This policy is specific to a non-enrolled person

• under the age of eighteen who is not enrolled at the University,
• who is “dually enrolled” in University programs while enrolled in elementary, middle and/or high school; is also referred to as a “participant” in this policy.

Policy Statement

This directive provides the University’s minimum standards and expectations of Youth Program Personnel when interacting with minors through University-run or -affiliated Youth Programs. Youth Programs vary in size and scope and the University encourages Program Directors to adapt their own specific policies and procedures, and, in consultation with Risk Management, tailor them to their individual program(s) in addition to the minimum requirements outlined below. All Youth Program Personnel are responsible for understanding their obligation to report any instances of known or suspected abuse or neglect of minors and complying with this Policy.

This does not apply to:

• Minors attending campus events under the supervision of a guardian or chaperone (e.g., K-12 schoolteacher, parent).
• University faculty, staff and others who interact solely in academic classes or traditional academic settings with matriculated CSUSB students under 18.

Youth Protection Program Administrative Oversight

Risk Management is responsible for the administration and oversight of the Youth Protection Program. They shall review the program for relevance, and utility, and modify as appropriate. Periodic audits will also be performed to monitor compliance.

Youth Program Requirements

Youth Programs and Youth Program Personnel must comply with the Youth Protection Program Guideline, which includes standards for:

• Youth program registration,
• Compliance with CSU screening and background check requirements,
• Youth Program Personnel Code of Conduct requirement,
• Youth protection training,
• Reporting and responding to allegations of abuse or neglect
• Program-specific manual/guidelines

Failure to comply with the program requirements may result in corrective action, according to respective Collective Bargaining Agreements or Human Resource policies. For individuals, the corrective action may range from verbal warnings up to and including termination from employment or other relationship with the University. For programs, the corrective action may range from warnings up to and including a non-supportive program recommendation from Risk Management to the appropriate administrator.

Mandatory Reporting Requirements

All employees and volunteers involved in Youth Programs must abide by California state law and reporting requirements as they pertain to suspected child abuse or neglect. Whenever an employee or volunteer, in their professional capacity or within the scope of their employment or volunteer duties, has knowledge of or observes a person under the age of 18 years who they know or reasonably suspect has been the victim of child abuse or neglect, they must report the suspected incident. Failure to report may result in criminal penalties. Suspected violations of law must be reported to the University Police Department, County Sheriff Department or County Department of Children and Family Services as outlined in the Mandatory Reporting of Child Abuse/Neglect. For purposes of this reporting responsibility, “abuse” includes, but is not limited to:

• Physical abuse, meaning physical injury other than by accidental means inflicted on a child (Penal Code§ 11165.6)
• Sexual assault, including sex acts with a child, intentional masturbation in the presence of a child, child molestation, and lewd or lascivious acts with a child under 14 years of age or with a child under 16 years of age if the other person is at least ten years older than the child (Penal Code§ 11165.l(a)(b))
• Sexual exploitation, including acts relating to child pornography, child prostitution, or performances involving obscene sexual conduct by a child (Penal Code § 11165.1(c))
• Statutory rape involving sexual intercourse between a child under 16 years of age and a person 21 years of age or older, which is also a form of "sexual assault" (Penal Code§§ 261.5(d) and 11165.l(a))
• Neglect, meaning the negligent treatment or maltreatment of a child by a parent, guardian or caretaker under circumstances indicating harm or threatened harm to the child's health or welfare (Penal Code§ 11165.2)
• Willful banning or injuring or endangering a child, meaning a situation in which any person inflicts, or willfully causes or permits a child to suffer, unjustifiable physical pain or mental suffering, or causes or permits a child to be placed in a situation in which the child or child's health is endangered (Penal Code§ 11165.3)
• Unlawful corporal punishment, meaning a situation in which any person willfully inflicts upon a child cruel or inhuman corporal punishment or a physical injury (Penal Code§ 11165.4)

All Youth Program Personnel are required to comply with mandatory reporting requirements under this policy, and any implementing procedures under the law.

Detailed information, including categories of CSU employees and volunteers who are designated as Mandated Reporters, reporting requirements and procedures, and reporting forms are provided in Executive Order 1083 (revised July 21, 2017) Mandatory Reporting of Child Abuse and Neglect.

To the extent there is a conflict between this directive and a state or federal law or to the extent that state or federal law already regulate an activity (e.g., licensed childcare facilities, institutional review board (IRB)-approved research), the state or federal law will supersede this directive.