Policy 2.17 - Child Protection Policy

SCHENECTADY

COUNTY

COMMUNITY

COLLEGE

Personnel

Board of Trustees Policy

SUBJECT:

Child Protection Policy

NUMBER:

2.17

DATE:

April 19, 2021

Resolution #21-31

SUPERSEDES:

July 20, 2015, Resolution #15-74

This policy document directly relates to the Child Protection Policy, of the SUNY

Schenectady Board of Trustees, as hereto attached.

CHILD PROTECTION POLICY

A. SUMMARY

Individuals must conduct themselves appropriately with children who participate in SUNY

Schenectady (the “College”) related programs and report instances or suspicion of physical or

sexual abuse of children.

B. POLICY

The College is committed to protecting the safety and well-being of children who participate in

College-related programs and activities, whether on or off campus, or utilize campus facilities

for activities including, but not limited to, sports camps, academic and personal enrichment

programs and research studies.

C. DEFINITIONS

Covered Activity: A program or activity sponsored or approved by the College or a College-

affiliated organization, or an activity conducted by a vendor or licensee for which a license or

permit for use of college facilities has been approved, occurring on or off campus, for the

duration of which the responsibility for custody, control and supervision of children is vested in

the College, College-affiliated organization or the vendor, or licensee so approved. This policy

is not applicable to the College on-campus child care center currently in operation in the

Gateway Building.

Covered Person: A person who is responsible for the custody, control or supervision of

children participating in the Covered Activity and who is:

(i) an employee of the College or College-affiliated organization;

(ii) a College student;

(iii) a volunteer of the College or College-affiliated organization; or

(iv) a vendor, licensee, or other person, who is given permission to come onto the

College or to use College facilities for Covered Activities; or

(v) an employee, agent or volunteer of (iv) above.

Child: An individual under the age of seventeen years, who is participating in a Covered

Activity. The term “child” shall not include a matriculated student of the College or a person

accepted for matriculation.

Children’s Camp: A camp defined under New York Public Health Law §1392

i

. (see,

https://codes.findlaw.com/ny/public-health-law/pbh-sect-1392.html).

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Physical Abuse: Physical contact with a child by a covered person which is intended to cause, or

causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting

and burning, or directing a child, outside the norm of the supervised activity, to perform physical

activity which is intended to cause physical injury.

Sexual Abuse: Engaging in a sexual offense with a child and/or encouraging or promoting

sexual performance by a child. Pursuant to the NYS Penal Law Articles 130, 263, and Sections

260.10 and 260.25, sexual offenses include: sexual misconduct, rape, criminal sex acts, forcible

touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual

conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated

felony, predatory sexual assault against a child, and sexual performance by a child. This also

includes Penal Law offenses relating to children including endangering the welfare of a child and

unlawfully dealing with a child in the first degree. Sexual performance by a child, as defined by

the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a

child for the purpose of sexual gratification of the child and/or adult, including touching by the

child and/or adult with or without clothing, and all acts as defined by New York State Penal Law

Articles 130, 263 and Section 260.10.

Responsible College Official: The employee of the College or College-affiliated organization,

who has been designated by the College under Section G, Campus Responsibilities.

College-affiliated organization: The Faculty Student Association, the Student Government

Association, the College Foundation, or any other organization or office specifically designated

as such by the College President.

D. PROHIBITED CONDUCT

A Covered Person shall not:

1. Be alone with a child, unless the Covered Person is a relative or guardian of the child,

unless one-on-one contact is approved in accordance with a determination pursuant to

Section G.2 of this policy. In no event shall a Covered Person, who is not a relative or

guardian of a child, be alone with the child in a rest room, locker room, shower, sleeping

area or vehicle.

2. Engage in physical abuse or sexual abuse of a child.

3. Engage in the use of alcohol or illegal drugs, or be under the influence of alcohol or

illegal drugs during Covered Activities.

4. Enable, facilitate or fail to address a child's use of alcohol or illegal/non-prescribed drugs.

5. Contact a child through electronic media, including social media, for the purpose of

engaging in any prohibited conduct, including sexual conduct.

6. Offer or make a gift to a child for the purpose of engaging in any prohibited conduct,

including sexual conduct.

7. Release a child from a Covered Activity without a written authorization from the child’s

parent or guardian.

Child Protection Policy

F. RESPONSIBLE COLLEGE OFFICIAL

E. REQUIRED CONDUCT

A Covered Person shall:

1. Take all reasonable measures to prevent physical and sexual abuse of a child, including

immediately removing a child from potential physical abuse, sexual abuse or prohibited

conduct as defined herein.

2. Report immediately any suspected physical abuse or sexual abuse of a child to the

College’s Office of Safety and Security, and provide to the College’s Office of Security

and Security a written report of suspected physical or sexual abuse of a child. Other

reporting requirements not addressed in this Policy may apply, such as the obligations of

mandated reporters under New York Social Services Law, who are required to report

suspected child abuse or maltreatment when they are presented with a reasonable cause to

suspect such abuse or maltreatment has occurred.

3. Comply with the College’s Policy on Mandatory Reporting and Prevention of Child

Sexual Abuse, Number 2.16.

4. Complete all required training developed pursuant to this Policy.

5. Wear and display prominently at all times during the Covered Activity a lanyard or other

form of identification that identifies the individual as having the responsibilities of a

Covered Person.

A Responsible College Official shall:

1. Confirm that the requirements of this Policy have been communicated to Covered

Persons (i) – (iii) prior to the commencement of a Covered Activity.

2. Confirm that New York Sex Offender Registry and National Sex Offender Public

Registry searches (as described in Campus Responsibilities, below) have been obtained

and reviewed for Covered Persons (i) – (iii) prior to the commencement of a Covered

Activity.

3. Confirm that the completed Acknowledgement of the College’s Child Protection form

(available in Exhibit A of this policy) has been obtained from Covered Persons (iv) – (v)

prior to the commencement of a Covered Activity.

4. Immediately report allegations of physical abuse or sexual abuse of a child to the Office

of Safety and Security(x5555 from a College phone, or 518.381.1308), and complete and

provide to the Office of Safety and Security a written report for each allegation of

physical abuse or sexual abuse of a child. Other reporting requirements not addressed in

this Policy may apply, such as the obligations of mandated reporters under New York

Social Services Law, who are required to report suspected child abuse or maltreatment

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when they are presented with a reasonable cause to suspect such abuse or maltreatment

has occurred. (see https://codes.findlaw.com/ny/social-services-law/sos-sect-413.html).

5. Notify and coordinate with appropriate college offices to ensure that allegations of

suspected physical abuse or sexual abuse are investigated and addressed appropriately.

6. Confirm that required training on this Policy has occurred prior to the commencement of

a Covered Activity for all Covered Persons who are employees, volunteers, students or

agents of the College or a College-affiliated organization.

G. COLLEGE RESPONSIBILITIES

The College President or his/her designee shall:

1. Designate a Responsible College Official for each Covered Activity.

2. Determine on a limited basis that the first sentence of section D.1. of this Policy, which

prohibits a Covered Person from being alone with a child, shall not apply to certain

Covered Activities when the pedagogical or health-related nature of the Covered Activity

requires such one-on-one contact with a child, such as tutoring, music lessons, speech

therapy, and emergency first aid services.

3. Communicate the requirements of this Policy to Covered Persons (i) – (v).

4. Provide for and require biennial training on this Policy for all Covered Persons who re

employees, volunteers, students or agents of the College or a College-affiliated

organization prior to the commencement of a Covered Activity.

5. Obtain New York Sex Offender Registry and National Sex Offender Public Registry

searches for Covered Persons who are employees, volunteers, students or agents of the

College or a College-affiliated organization and complete a review of such searches not

more than ninety (90) days prior to the commencement of a Covered Activity.

a. A search of the NY Sex Offender Registry means:

i. a search of the file of persons required to register pursuant to Article 6-C

of the Correction Law maintained by the NY Division of Criminal Justice

Services pursuant to NY Correction Law § 168-b for every level of sex

offender (Level 1 through Level 3), which requires an email, CD or hard

copy submission of names and identifiers to DCJS as described on the

DCJS website [url:

http://www.criminaljustice.ny.gov/nsor/800info_cdsubmit.htm]; and

ii. retention of the records of the results of such search. An internet search

alone will not meet the requirements of this Policy.

b. A search of the National Sex Offender Public Registry means:

i. a search by first and last name of the National Sex Offender Public

Website maintained by the United States Department of Justice at this

link: http://www.nsopw.gov/; and

ii. retention of the records of the results of such search.

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6. Provide for the prompt investigation and preparation of written findings by the College’s

Office of Safety and Security of reports of suspected physical abuse or sexual abuse, and

if there is reasonable cause to believe a crime has been committed, coordination by the

Director of Safety and Security with other law enforcement officials.

7. Provide a mechanism to report and respond to allegations of retaliation (as described

below).

8. Retain documentation of the search results from the New York and National Sex

Offender registries for Covered Persons who are employees, volunteers, students or

agents of the College or a College-affiliated organization for six (6) years after the

covered person has separated from employment.

H. RETALIATION

Retaliatory action against anyone acting in good faith, who has reported alleged physical abuse

or sexual abuse in accordance with this Policy, or who has been involved in investigating or

responding to allegations of physical or sexual abuse, or who has reported a failure to comply

with this Policy, is a violation of this Policy and will result in disciplinary action, up to and

including termination of employment for employees, or expulsion for the College for students.

Retaliatory acts may include, but are not limited to:

I.

employment actions affecting salary, promotion, job duties, work schedules and/or work

locations;

II.

actions negatively impacting a student's academic record or progress; and

III.

any action affecting the campus environment, including harassment and intimidation.

I. THIRD PARTY USE OF COLLEGE FACILITIES

The use of College facilities by vendors, or licensees for commercial and non-commercial

Covered Activities are accomplished pursuant to a revocable license. Such license shall be

updated to include the following terms:

1. A specific definition of the areas accessible to the Covered Activity. For example,

revocable licenses for sporting events held on athletic fields should include the athletic

field, as well as any ancillary areas or structures where minors will be permitted, such as

adjacent grounds, parking lots, rest rooms, locker rooms, accessory structures, etc.

2. A provision requiring insurance coverage in the types and amounts listed below, naming

the College as an additional insured, and requiring that evidence of such insurance be

provided to the College within five (5) business days of execution of the revocable permit

or at minimum two weeks (14 days) prior to the scheduled use of College facilities.

a. General Liability insurance two million dollars ($2,000,000) each occurrence and

two million dollars ($2,000,000) in the aggregate;

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b. New York State Workers’ Compensation insurance during the term of the

revocable permit for the benefit of Licensee’s employees required to be covered

under the NYS Workers’ Compensation Law.

c. For those instances in which a campus believes that the activity is so long or

substantial and that the obtaining of such insurance will not unduly preclude

beneficial use of the campus’ facilities, the campus should require additional

insurance in the form of: Sexual Abuse and Molestation insurance, either under

the above-described general liability policy or in a separate policy, with coverage

not less than one million dollars ($1,000,000). Any insurance coverage for sexual

abuse and molestation insurance written on a claims made basis shall remain in

effect for a minimum of six (6) months following the use of College facilities.

3. If the Covered Activity is a Children’s Camp as defined in Section C of this policy, a

provision requiring licensee to provide the College with a copy of its camp operator

permit issued by the New York State Commissioner of Health, either upon execution of

the permit or not later than two weeks (14 days) before the scheduled use of College

facilities.

4. A representation and warranty from licensee that for all of its employees and volunteers,

and employees and volunteers of its sub-licensees, who shall enter upon College facilities

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for purposes related to Covered Activity, licensee has conducted within the ninety (90)

day period preceding the use of College facilities (i) a search of the NY Sex Offender

Registry; and (ii) a search of the National Sex Offender Public website.

5. A representation and warranty from licensee that for all Covered Activities: (i) it shall

adhere to the New York State Department of Health

(https://health.ny.gov/publications/3601) and American Camp Association standards for

minimum staff-to-child supervision ratios, minimum staff age and minimum staff

accreditation requirements (available at http://www.accamps.org/); and (ii) that the

overall supervisor for each Covered Activity is an adult with certification or documented

training and experience in the Covered Activity.

6. A representation and warranty from licensee that any transportation it provides for

participating minors to and from the College grounds shall conform to the New

York State Department of Health and American Camp Association’s transportation

standards.

7. A provision requiring written acknowledgement from licensee that it has received a copy

of the College’s Child Protection Policy and agrees to abide by all of its terms, including

its requirement that any suspected physical or sexual abuse be immediately reported to

the College’s Office of Safety and Security.

Approved by the SUNY Schenectady Board of Trustees, July 20, 2015, Resolution #15-74,

Revised April 19, 2021, Resolution #21-31

END OF DOCUMENT

Child Protection Policy

EXHIBIT A

Licensee Acknowledgement of Receipt of Child Protection Policies

SCHENECTADY COUNTY COMMUNITY COLLEGE

Revocable License Issued to [Licensee Name]

[Licensee] acknowledges that on the day of , 20 , it

has received copies of the policies entitled: (1) Child Protection Policy; and (2) Policy on

Mandatory Reporting and Prevention of Child Sexual Abuse. [Licensee] represents that it has

reviewed said policies and agrees to abide by their terms, including provisions requiring that

actual and suspected physical abuse and sexual abuse of a child be reported immediately to the

College’s Office of Safety and Security [Elston Hall Room 341 or 518-381-1101].

[Licensee] acknowledges that for all of its employees and volunteers, and employees and

volunteers of its sub-Licensees who shall enter upon University facilities for purposes related to

Covered Activity, Licensee has (i) required said Covered Persons to review the above-named

policies and to complete an Acknowledgement of their agreement to abide by their terms; (ii)

conducted a search of the NY Sex Offender Registry; and (iii) conducted a search of the National

Sex Offender Public website within the ninety (90) day period preceding its use of University

facilities and has retained the records of such search.

LICENSEE NAME

By:

Print Name:

Title:

Address

Date signed:

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END NOTE

i

§ 1392. Definitions. As used in this article:

1.

"Children's overnight camp" shall mean a property consisting of a tract of land and

any tents, vehicles, buildings or other structures that may be pertinent to its use, any

part of which may be occupied by persons under eighteen years of age under general

supervision for the purpose of outdoor or indoor organized activities and on

which provisions are made for overnight occupancy of children. The commissioner

shall have the power to except by rule from this article and the sanitary code a place or

facility that is not within the intent of this definition.

2.

"Summer day camp" shall mean a property consisting of a tract of land and any

tents, vehicles, buildings or other structures that may be pertinent to its use, any part of

which may be occupied on a scheduled basis at any time between June first and September

fifteenth in any year by children under sixteen years of age under general supervision,

for the purpose of indoor or outdoor organized group activities, involving nonpassive

recreational activities with significant risk of injury, as such activities are defined by the

department in rules and regulations, for a period of less than twenty-four hours on any day

the property is so occupied, and on which no provisions are made for overnight occupancy

by such children. The commissioner shall have the power to except by rule from this

article and the sanitary code a place, facility or activity that is not within the intent

of this definition.

3.

"Traveling summer day camp" shall mean a summer day camp which regularly

operates in the period between May fifteenth and September fifteenth and which

regularly transports children under the age of sixteen on a regular schedule to a

facility, site, or property, including any tract of land, beach, park, stadium, building,

tents or other structures pertinent to its use and primarily for the purposes of organized

group activity. The commissioner shall have the power to except by rule from this

article and the sanitary code a place, facility or activity that is not within the intent of this

definition.

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