Child Protection Policy

Policy Statement

SUNY Oneonta is committed to protecting the safety and well-being of children who participate in relevant programs and activities, whether on or off campus, or utilize facilities for activities including, but not limited to sports camps, academic and personal enrichment programs and research studies. Individuals must conduct themselves appropriately with children who participate in SUNY Oneonta related programs and report instances or suspicion of physical or sexual abuse of children. SUNY Oneonta fully endorses and complies with the SUNY Child Protection Policy #6505, approved June 17, 2014.

Rationale

Individuals must conduct themselves appropriately with children who participate in SUNY Oneonta related programs and report instances or suspicion of physical or sexual abuse of children.

Applicability of the Policy

This policy applies to all SUNY Oneonta faculty, staff, students, affiliated organizations, and permittees who utilize campus facilities or off-campus space to conduct covered activities involving the custody, control, and supervision of children. This policy is not applicable to on-campus child care centers.

Policy Elaboration

The Child Protection Policy and governing procedures provide a framework of actions, conduct, and requirements to ensure the safety of children under the age of seventeen who are participating in a covered activity. Campus responsibilities include:

• Designation of a Responsible University Official for each Covered Activity.
• Identify exceptional circumstances under which a Covered Person is approved for one-on-one contact with a child.
• Communicate the requirements of the SUNY Oneonta Child Protection Policy to Covered Persons.
• Provide training on the Policy for all Covered Persons who are employees, volunteers, students, or agents of SUNY Oneonta or an affiliated organization prior to the commencement of a Covered Activity.
• Obtain NY Sex Offender and National Sex Offender Public Registry searches for Covered Persons who are employees, volunteers, students or agents of SUNY Oneonta or an affiliated organization and complete such searches, not more than ninety days prior to the commencement of a Covered Activity.
• Provide for the prompt investigation and preparation of written finding by the SUNY Oneonta University Police Department of reports of suspected physical abuse or sexual abuse.
• Provide a mechanism to report and respond to allegations of retaliation against reporters of allegations.
• Retain documentation of the search results from the NY and National Sex Offender registry searches for six (6) years after the Covered Person has separated from SUNY Oneonta.

Definitions

Covered Activity: A program or activity sponsored or approved by the University or a University- affiliated organization, or an activity conducted by a vendor, licensee or permittee for which a license or permit for use of University 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 University, University-affiliated organization or the vendor, licensee or permittee so approved. This policy is not applicable to university, on-campus child care centers.

Covered Person: A person who is responsible for the custody, control or supervision of children participating in the Covered Activity and who is:

1. an employee of the University or University-affiliated organization;
2. a University student;
3. a volunteer of the University or University-affiliated organization; or
4. a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use University facilities for Covered Activities; or
5. 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 University or a person accepted for matriculation.

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 University Official (RUO): The employee of the University or University-affiliated organization, who has been designated by SUNY Oneonta be responsible for each Covered Activity.

Child Safety Compliance Officer (CSCO): The employee responsible for the Policy to be communicated to the campus community, coordinate trainings with the RUO, compliance, and recordkeeping for SUNY Oneonta.

University-affiliated organization: The Research Foundation for the State University of New York, campus foundation, campus alumni association, campus auxiliary services corporation, or any other entity so designated by the Chancellor or Campus President.

Procedures

SUNY Oneonta Child Protection Campus Procedures

Related Documents/Policies

SUNY Child Protection Policy
Policy on Mandatory Reporting and Prevention of Child Sexual Abuse
Explains the policy and its applicability in various circumstances