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Policy on Activities Involving Minors

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April 2015, Revised September 2017

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Introduction to Policy
UC Berkeley’s Policy on Activities Involving Minor

UCOP’s policy on Reporting Child Abuse and Neglect

Staff Responsibilities, Background Checks, Training, and Reporting Procedures

Procedures for Programs Working with Minors

Procedures for Research

Procedures for Non-Custodial Programs
Procedures for Custodial Programs

Contracts and Sub-awards

Introduction to Policy

At the Lawrence Hall of Science, much of the work we do supports the science and math learning of young people under the age of 18. Some of that work is done directly with young people in camps, classes, field trips, research interactions, as well as on the museum floor in public spaces. To ensure the safety of the young people we work with, The Lawrence has long established policies that address how we interact with minors.

In 2014, the University of California, Berkeley, established an official policy regarding Activities Involving Minors, as well as a list of best practices and guidelines for program supervision. Campus requires that all programs serving young people have written policies that address key health and safety issues.

Here at The Lawrence, practices have existed on a program by program basis, and primarily for the programs that serve youth in a custodial capacity, e.g., programs where parents or guardians drop minors off and pick them up later. This document consolidates and expands these policies, and includes guidance for staff regarding the system-wide policy on Reporting Child Abuse and Neglect.

As Hall staff, you are encouraged to read and familiarize yourself with the official policies on Activities Involving Minors and Reporting Child Abuse and Neglect. This current document will supplement those policies with Lawrence Hall of Science procedures.

UC Berkeley’s Policy on Activities Involving Minors

Activities Involving Minors

Policy Statement

  • UC Berkeley is committed to providing a safe environment for minors.
  • Minors will be treated respectfully at all times, regardless of their actions or behavior.
  • No adult in a campus activity involving minors may use physical punishment.
  • Physical or sexual abuse of minors will not be tolerated.
  • Volunteers accused of physical or sexual abuse will be removed immediately.
  • Accused employees or volunteers will not be entitled to defense and indemnification by the University if they physically or sexually abuse a minor.

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Scope of Policy

  • While some employees are designated as Mandated Reporters due to amount of contact with children and job title, all employees have reporting responsibilities.
  • Volunteers and other non-employees are not subject to CANRA but are strongly encouraged to act as if they are.
  • Programs should exceed the policy, and create internal policies and practices directly relevant to their activities.

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Policy Text

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UCOP’s policy on Reporting Child Abuse and Neglect

Reporting Child Abuse and Neglect

Policy Summary

The California Child Abuse and Neglect Reporting Act (“CANRA”), codified at California Penal Code §§ 11164-11174.3, requires identification and reporting of child abuse or neglect.

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Policy Text

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Staff Responsibilities, Background Checks, Training, and Reporting Procedures

The laws in the state of California constantly expand the category of “mandated reporter,” but essentially, mandated reporters are adults whose duties put them in regular contact with minors. Mandated reporters are required by law to report any suspicion of child abuse or neglect. This section provides information about mandated reporting at the Lawrence Hall of Science. Supervisors are responsible for ensuring that employees complete all requirements and are also required to become mandated reporters under the law.

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The Child Abuse and Neglect Reporting Act (CANRA)

The campus is committed to complying with California Penal Code §152.3, the State of California’s Child Abuse and Neglect Reporting Act (CANRA), and the University of California’s policy on Reporting Child Abuse and Neglect. However, everyone in the campus community is encouraged to immediately report suspected child abuse or neglect. Failure to notify is punishable by fines, imprisonment, or both.

Under CANRA, any employee or administrator whose duties bring him or her in contact with minors on a regular basis is considered a mandated reporter and must report suspected abuse or neglect of a minor occurring either on campus premises, at an official campus activity, or at a program conducted by the campus. Abuse and neglect include, but are not limited to:

  • Physical injury or death inflicted by non-accidental means
  • Sexual abuse or exploitation
  • Willful endangerment
  • Unlawful corporal punishment
  • Neglect

If identified as a mandated reporter, a Hall employee must complete UC’s basic online training on the reporting of child abuse, available through Blu. The Lawrence encourages all employees to take this course, however.

Supervisors will determine if additional training is required based on the employee’s work. Additional training may include online courses.

A mandated reporter must also review the CANRA policy document and acknowledge understanding of the law and agreement to its requirements by signing two Statements, which are kept on file in Human Resources (HR). Each mandated reporter also has that status noted on his or her job card.

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CANRA Training

CANRA training for Mandated Reporters

  • Log on to blu.berkeley.edu
  • Click on “UC Learning Center” on the left side of the landing page
  • In the search box at the top, type in “canra training for mandated reporters”
  • Click on activity with the title, “CANRA training for Mandated Reporters”

Additional Training
The University of California, Berkeley has also partnered with Praesidium Inc. to make other online training courses available. These courses include:

  • Meet Sam – An abuser tells how he gets away with it
  • It Happened to Me – Effects of long term abuse and how to recognize who is vulnerable and the signs of abuse
  • A Day at Day Camp – Takes you through a typical day of day camp and the basic practices that can help keep children safe
  • Keeping Your Camp Safe – Residential camp-specific practices
  • Preventing Sexual Activity between children
  • Advanced Abuse Prevention Refresher

The following training is recommended for the following job functions:

Class Teacher:

  • Meet Sam – An abuser tells how he gets away with it
  • It Happened to Me – Effects of long term abuse and how to recognize who is vulnerable and the signs of abuse

Camp Counselor:

  • Meet Sam – An abuser tells how he gets away with it
  • It Happened to Me – Effects of long term abuse and how to recognize who is vulnerable and the signs of abuse
  • A Day at Day Camp – Takes you through a typical day of day camp and the basic practices that can help keep children safe

Researcher: All researchers are required to complete the CITI training course on conducting research with human subjects. This is also required by the Committee for the Protection of Human Subjects.

Your supervisor will advise if any training beyond the required Blu course is necessary. In addition, if you wish to take the above additional courses on your own, please let your supervisor know.

Campus also provides information in its Reporting Abuse Against Children or Dependent Adults and Elders website, and links to California Department of Social Services training. For more generalized discussions, Hall staff plan to hold two brown bag lunches each year covering CANRA and Hall policy.  In addition, you can always contact Laura Scudder for information.

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Staff Background Checks

Certain individuals teaching or leading youth programs, working in schools, working with the general public at the Visitors Service Desk, regularly interacting with children for research purposes, or otherwise interacting with youth, and supervisors of these staff, may be required to complete a background check before work with youth begins. The employee’s supervisor will determine whether or not a background check is necessary.

The check will include fingerprinting, which is run through the offices of the California State Attorney General and the FBI, and a TB test. The criminal background check is done through UCPD. Supervisors need to work with HR to ensure that all employees who are working directly with youth are fingerprinted as part of the hiring process. For more information, see Sandra Colonna.  In addition, TB tests can be obtained through the Tang Center or local public health agencies.

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Volunteer Background Checks and Training

As part of the Policy on Activities involving Minors, campus requires the following for all volunteers who will work with minors.

  • Potential volunteers are checked against the National Sex Offender Public Website to see if the potential volunteer is a registered sex offender. If the volunteer is listed, it is university policy to not allow participation in activity involving minors.
  • Volunteers must sign a Volunteer’s Code of Conduct (attached at the end, and found through University Risk Services)
  • Volunteers must participate in training determined to be relevant by local HR officials.

Here at The Lawrence, volunteers are coordinated by Verónica Urdaneta. If you have recruited a volunteer for your program, please consult with Verónica.

The Lawrence volunteers:

  • Register and provide contact information through our online system – Volgistics – that allows for easy messaging, scheduling, and tracking of what trainings and paperwork have been completed. This system also allows volunteers to check in and check out, keeping track of who is in the building and logging total volunteer hours, useful in reporting to funders and the public about volunteering at The Lawrence.
  • Participate in general training – that includes key information about building safety, customer services expectations, and basic operation information to help volunteers more effectively answer questions about The Lawrence.
  • File basic paperwork – In addition to the code of conduct, The Lawrence also takes the steps necessary to ensure that volunteers are covered by workman’s comp and other workplace protections.
  • Get fingerprinted in some cases – Volunteers who commit significant time to camps and classes or delivering programs on school sites are fingerprinted.

Working through The Lawrence’s formal volunteer program will ensure that paperwork is taken care of seamlessly and gets recorded correctly.

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Child Abuse Reporting Guidelines

Hall employees who witness or suspect an abusive situation may follow the steps below to report the incident or contact a supervisor to seek assistance or direction. Mandated reporters who in the scope of their employment witness, suspect, or are informed of abuse or neglect are required to report.

What Constitutes Abuse?

Physical or mental abuse is often difficult to recognize. In cases where a teacher is with a child on a daily basis it may be easier for the teacher to notice particular signs of abuse. When you spend a short time with a visitor in an exhibit or doing an activity it may be very difficult to spot subtle signs of abuse. Circumstances which may indicate an abusive situation include:

  • Witnessing a parent or other adult physically striking or harming a child
  • Witnessing a parent or other adult verbally harassing a child beyond what is reasonable
  • Witnessing a child express an acute fear of a parent or adult
  • Having a child express verbally to you that s/he is scared of a parent or adult and ask for help.

Under the California State Penal Code Sections 11164 and following, we must as childcare custodians call local authorities when a child reports abuse to us, or when we observe or we have a reasonable suspicion of abuse. (The term “reasonable suspicion” simply means that under the circumstances it is objectively reasonable for you to entertain a suspicion that a child has been abused based upon facts that could cause any reasonable person in your position to suspect child abuse, drawing when appropriate on your training and experience.) Keep in mind that it is not your job to investigate the claim, nor do you have to verify that the child’s claim is truthful: You simply have to report any and all claims, observations or reasonable suspicions of child abuse.

Further, under Penal Code Section 11172(a) as a childcare custodian, you cannot be held liable for making any report required under the statute. However, if you do not make a required report, you are guilty of a misdemeanor and subject to a fine of $1,000 and/or a jail term of up to six months. In the unlikely event that a supervisor were to harass, impede or inhibit you from making a required report, keep in mind that Penal Code section 11166(h) specifically states that no person making a report can be subject to any sanction for doing so.

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The Six Steps to Reporting

1. Stay calm. You are not required to do an investigation of abuse or neglect, only report a suspicion or an observation of it. However, if a child approaches you, while it is perfectly normal to feel upset and/or angry, the child needs you to be centered and compassionate.

2. Stay aware of the child’s needs. You may want to give the child a hug but they may not want to be touched. You are not required to, nor should you, provide counseling services. Acknowledgment that you have heard them and will take action is what we can and must provide.

3. Get the following information from the child

  • The child’s full name
  • The name of the school the child attends
  • The address and phone number of the child
  • The name of the reported abuser
  • The address and phone number of the abuser (if known)
  • The present location of the child

Police do not keep information on children in the same way they do with adults, and so simply having the child’s name is not enough. Similarly, if you are teaching at a conference, the organizers often do not keep data on individual children, so you must get the necessary information from the child.

4. Call the authorities immediately or as soon as practically possible. When you call, identify yourself as a Mandated Reporter.

  • If you see violence occur or there is an immediate threat to the child, or they tell you they are afraid to go home or to an activity, call the police.  It is also appropriate to call the police in situations of sexual abuse.
  • In a situation where the violence was reported but not witnessed, and there is no immediate threat, you can call Children and Family Services to report the incident. When you call from Alameda County, the phone number is 510-259-1800.
  • While it is best to call authorities where the abuse occurred, not necessarily where the child lives or goes to school, the police or child welfare offices you report to will forward your report to the proper location.

5. Fill out and send a one-page Suspected Child Abuse Report within 36 hours of the time you received the report from the child or witnessed the incident. This form SS 8572 can be obtained through http://oag.ca.gov/childabuse/forms. Fax or mail the form to the agency you reported to. If the abuse happened in Alameda County, send the original form to Children and Family Services at 24085 Amador Street, Hayward, CA 94544. If outside Alameda County, send to the child protection agency  or the police or sheriff’s office where the incident was reported. If there are two or more parties who heard the report, one of the parties may be selected to make the report; the other parties should follow up to ensure reporting was completed.

6. Notify your supervisor or the University Compliance Hotline (where reports may be made anonymously), and inform the Lawrence Hall of Science Human Resources department of the situation and your actions (again, anonymous reporting is possible). Telling your supervisor, HR, or the Compliance Hotline (https://secure.ethicspoint.com/domain/media/en/gui/23531/index.html or 1-800-403-4744) does not relieve you of your legal responsibility to report to the authorities, but are additional necessary steps per University and Hall policy.

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Summary of Reporting Requirements

  • Please read the full policy to understand all the details. Use this easy reference guide directly following a child abuse incident.
  • If you see, suspect or hear of child abuse, get the information listed in step 3 above from the child;
  • Call Children and Family Services (510-259-1800 in Alameda County) immediately or as soon as possible, or call the local police or sheriff;
  • Fill out and mail a Suspected Child Abuse Report to the agency you reported to (in Alameda County, Children and Family Services at 24085 Amador Street, Hayward, CA 94544) no later than 36 hours from the time you became aware of the incident;
  • University policy also requires that you make an internal report to your supervisor or to the University Compliance Hotline, and to The Lawrence HR department. Internal reports should be kept confidential, and may be made anonymously.
  • Supervisors who receive reports must promptly forward those reports to the Hotline (https://secure.ethicspoint.com/domain/media/en/gui/23531/index.html).

Consult with Susan Gregory about how to respond responsibly if the report goes public.

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Confidentiality

  • As a mandated reporter, you will be required to give your name to the authorities, but the law allows you to request anonymity, in which case your name will not be disclosed to anyone outside of the agencies investigating the matter. The agencies will ask you about the nature and extent of injuries you saw, and/or details about what the child reported to you.
  • Your identity may also be disclosed to attorneys in cases arising out of reports, or in similar circumstances, but will be kept confidential to the extent the law allows.
  • Employees who are not mandated reporters can make all reports anonymously, but they are not protected from prosecution for filing a false report.

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Support

  • CARE Services on campus is there to provide free support to you in dealing with your emotions before, during and/or after the reporting. The phone number for CARE services is 643-7754.
  • Mandated reporters are immune from prosecution for making a report. In the unlikely event prosecution does occur, University insurance covers all mandated reporters who report as required.  If a mandated reporter does not report, University insurance will not apply.
  • Employees are protected from retaliation under the University’s whistleblower policy.

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Minimum Steps to Becoming a Mandated Reporter

To become a mandated reporter:

1. Review the state law contained in the University policy on Reporting Child Abuse and Neglect, http://policy.ucop.edu/doc/4000603/CANRA.

2. Take the training provided though the UC Learning Center (through blu.berkeley.edu – type CANRA in the Activity Search box.)

3. Give a copy of the emailed acknowledgement of completion of training to your supervisor and Human Resources.

4. Sign the Statement Acknowledging Requirement to Report Child Abuse given to you by HR (or found here: http://hrweb.berkeley.edu/sites/default/files/attachments/CANRA-statements.pdf).

5. Read the University’s general (http://campuspol.berkeley.edu/policies/minors.pdf and http://riskservices.berkeley.edu/best-practices-activities-involving-minors) and this Hall-specific Policy on Activities Involving Minors.

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Requesting an Exemption

The Lawrence has set up a committee to consider requests for exemptions or exceptions for (1) projects that might not have the resources or work scope to fulfill policy requirements and wish to suggest an alternative safety plan for minors, or (2) individuals asked to sign Statements who might not fall under mandated reporter status because they are:

  • Employees whose jobs do not require regular contact with minors
  • Supervisors whose supervisees do not have regular contact with minors in their jobs
  • Faculty who are not supervising or treating minors
  • Volunteers

The Lawrence committee for exemptions and exceptions includes representatives from Human Resources, the Public Science Center, the Research Group, and Resource Development. To request an exemption, contact Laura Scudder, who will convene the committee to provide a resolution. The committee may consult other campus resources in a manner similar to the Exemption Process in the campus policy.

For those who require a California agency letter exempting them from the consequences of a background check that reveals a conviction for a non-serious offense, please see Sandra Colonna.

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Procedures for Programs Working with Minors

In General

(Excerpt from the UC Policy on Activities Involving Minors)

At a minimum, activities involving minors will follow the “rule of three,” i.e. at least three people will be involved in all aspects of the activity. Although two minors and one adult is an acceptable combination, the campus prefers that a combination of three consists of two adults and one minor, with one of the adults being a campus employee.

No private or secluded face-to-face interactions between an adult and a minor are permitted. The campus permits one-on-one, face-to-face interactions between an adult and a minor only when the interaction is conducted:

  • In plain sight of passers-by or witnesses, such as at a dining hall or cafe, or
  • In an office or other unlocked space with (1) doors and windows open and (2) in a building open to the public at the time of the interaction.

In addition, adults involved in one-on-one, face-to-face interactions with a minor will:

  • Inform in advance at least one other adult connected with the activity (preferably the adult’s supervisor) that the adult will be alone with a minor.
  • Ask another adult to randomly drop in on the interaction.
  • Limit physical contact with the minor to handshakes, high-fives, or pats on the shoulder.
  • Immediately document any unusual incident, including but not limited to behavioral problems, injuries, or any interactions that might be misinterpreted.

— End excerpt —

University policy also requires that programs document their procedures for ensuring the safety of minors. What follows are standards of practice The Lawrence has in place to ensure the safety of the minors that we work with. These are organized into three different categories:

  • Procedures for Research – situations where research and development work requires direct interaction with young people that may involve interviews, surveys, or some other interaction between researcher and child.
  • Procedures for Non-custodial Programs Serving Minors (Field trips, community events, outreach teaching – programs where parents or teachers or group leaders are the adults responsible for the children)
  • Procedures for Custodial Programs (Camps, classes – programs where parents do not attend with their child)

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Procedures for Research

Conducting research with minors requires the advance review by and approval from the UC Berkeley Committee for the Projection of Human Subjects (CPHS).  Federal agencies have required that CPHS approve a research protocol prior to funding being granted.  CPHS approval is required before any contact with research subjects. Each department at The Lawrence should have a designated person to work on that group’s CPHS protocols.

Typically, CPHS distinguishes between “research” and “evaluation” if the purpose is to generalize from the data collected. This difference is nuanced and can vary on a case by case basis. CPHS recommends, and some campus offices such as the Industrial Alliance Office require, contacting CPHS at the commencement of a project to determine whether a study would be considered human subjects research or not. If it’s not, then the Committee still requires an application for exemption meaning that they still have to approve the procedures but the protocol is not as detailed and complex as a non-exempt study.

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Research Conducted by Hall Employees Anywhere

The Committee for the Protection of Human Subjects must approve all research conducted by Hall staff including research that occurs onsite at The Lawrence or offsite at schools or other science education programs.

All research conducted by and at The Lawrence will align with the campus and Hall policies for working with minors. Specifically, with regard to the “rule of 3″, the common research practice is to ensure that interactions involving any individual minor include at least two adults present at all times. For example, when interviews are conducted with minors at schools or other offsite programs, two researchers are present for the interviews, and the interviews are conducted in a location that is in plain sight of passersby (e.g., the school library or multi-purpose room). When interviews are conducted with research participants at The Lawrence, these occur with two adults present and in locations at The Lawrence that are in plain view of passersby (e.g., offices with doors open). Other research tasks that involve individual minors include cognitive labs and survey administrations; the same practices are followed for these tasks. Further, as stated in the policy, whenever a researcher is planning to interact with an individual study participant who is a minor, at least one other adult connected with the research is always informed in advance.

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Research Conducted by Outside Parties at The Lawrence

Any research conducted at The Lawrence by non-Lawrence staff (e.g., University researchers) must be approved by CPHS and must also be approved by The Lawrence’s Research Group (RG).  The research contact in RG is Lisa Trahan.  If outside researchers plan to collect data at The Lawrence and RG approves of their proposal, then RG will provide them such a letter to submit to CPHS. While the researchers can simultaneously apply to The Lawrence and to CPHS, they are unable to get our approval or begin any data collection until they have CPHS approval.  If approved, Lisa notifies the front desk that the outside researchers have permission to collect data on the floor. Outside researchers must prove that they have permission from Hall to conduct data collection.

Outside researchers conducting research with minors are required to have a background check with fingerprinting. Proof of background checks is sent to Lisa by email and is kept in RG’s files. CPHS will advise if outside researchers need to be mandated reporters under CANRA.

Hall staff does not typically supervise the research of outside researchers. Data collection is usually done on weekends. Data collection must always be done in plain view of the public, on the Public Science Center floor, or in other visible areas.  Outside researchers are not given access to offices or other private spaces.

If the outside researcher is not part of the UC system, The Lawrence must receive a certificate of insurance as set forth on page 6 of the campus Policy on Working with Minors.

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Research Conducted by Outside Parties for The Lawrence in Outside Locations

When parties do extensive research for The Lawrence in an off-site location, they must fulfill the requirements of campus policy regarding bringing minors to The Lawrence for overnight or long visits.  This includes:

  • Familiarization with the University Policy on Working with Minors
  • Acceptance of University-provided indemnification language in contracts
  • Provision of general liability and other applicable insurance
  • Provision of Sexual Misconduct (also known as Abuse and Molestation) liability insurance
  • If required by CPHS, The Lawrence, or the outside location, provision of proof of having passed a background check and fulfilled other similar requirements

See “Contracts and Sub-Awards” at the end of this document for details on insurance requirements.

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Procedures for Non-Custodial Programs

Most of the family and school groups who attend programs at The Lawrence fall into the non-custodial category. In these cases, the adults attending the program are responsible for the kids in their group, whether that be teachers and chaperones on a school field trip or parents bringing their own kids and their kids’ friends with them. We are still responsible for providing a safe environment for these visitors, but the procedures are different and much less extensive than those for custodial programs.

Two key practices for non-custodial programs at The Lawrence are:

  • Monitor for unaccompanied minors
  • The Lawrence does not sell tickets to unaccompanied minors. An adult cannot purchase a ticket for a child with the intent to come back and pick them up later. All cashiers are responsible for explaining this policy to visitors and alerting the daily supervisor when someone attempts to circumvent it.
  • Children here with adults can often become separated from them. If you see a child without an adult in the immediate vicinity, approach the child and ask them if they know where their adult is and if they need any help.
  • Offer to help – If you are witnessing an interaction between visitors or program participants (adult-child, child-child, even adult-adult) that makes you uncomfortable (adult is yelling at the child, or being physically rough, etc.), you can often diffuse the situation by asking pleasantly if there is anything you can do to help. If you don’t feel comfortable intervening yourself, alert the Visitor Service Desk (x29058) and the daily supervisor can be dispatched to help right away.

Two key practices for non-custodial programs offsite – outreach school visits, etc.:

  • Make sure the responsible organization provides chaperones – School or community groups that have contracted a standard outreach program should not leave you alone with students. Remind teachers that they need to stay with the class while you lead an outreach workshop. Report failure to do so to your program lead and to the school or community group. You shouldn’t have to be responsible for excusing kids to go to the bathroom, releasing kids to parents, or anything along those lines. 
  • Share any incidents that seemed unusual or concerning about the school or community group staff or administration – If something about an interaction with a child, or an interaction between program staff and a child worries or concerns you in some way, share that with another school staff member or with the school’s administration.  Mandated reporters must follow the Child Abuse Reporting Guidelines set forth above.

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Procedures for Custodial Programs

In programs where UC staff has responsibility for the supervision of minors, the University requires policies that include but are not limited to:

  • Behavioral Expectations for Adults Supervising Minors
  • Supervision of Bathroom Use
  • Release of Minors at Conclusion of Activity
  • Physical Contact with Minors
  • Disciplining Minors
  • Non-program contact with minors
  • Transportation of minors

What follows below are the general procedures that have been adopted by The Lawrence. In some places, where procedures need to be more specific to individual programs, the best practice guidelines from the University have been shared, along with specific Hall examples.

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Behavior Expectations for Adults Supervising Minors

Guiding Principles

Youth participating in programs are treated respectfully at all times, regardless of actions or behavior.

Youth participating in programs are treated fairly regardless of race, color, national origin, religion, sex, sexual orientation, or any other basis covered by the University’s Nondiscrimination Policy.

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Appropriate Interactions with Youth

  • Consistently use appropriate language, keep conversations to appropriate topics (avoiding discussions of sex, drugs/alcohol, violence/weapons, police interactions, etc.), and be respectful and professional in the way you talk to all youth participants, including teen interns.
  • Do not permit any of the following interactions between minors: bullying, hazing, derogatory name-calling, ridicule or humiliation, Truth or Dare or similar games, sexual touching.

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Dress Code

These apply to our adult staff members, UC student staff, and teen interns

  • No ultra-short skirts or shorts.
  • No clothing that is revealing – this includes belly buttons.
  • No T-shirts with wild slogans (at the University’s request).
  • No Flip Flops. No open-toed shoes when working with dangerous chemicals in the Chemistry Lab (Rooms 145 and 155) or in the ADR (Room 141).
  • Make sure your cell phone and other electronic equipment (MP3 player, iPad, etc.) is not in use for personal business during programs.

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Communication with Co-Workers

A key piece of keeping youth in our programs safe is effective communication between staff working together.

  • Listen actively to others
  • Respect diversity of thought and ideas, time, contributions
  • Give and receive feedback in a positive way
  • Encourage and be receptive to suggestions and solutions from others
  • Seek and provide unique/different perspectives on issues

Loop in other staff members for regular debriefing of program activities, soliciting the ideas of all members of the team (teen interns, UC student staff, Hall staff). Keep program leads informed of how a program is running. Let program leads know at the end of a day or at a break in the activity about any immediate incidents (medical, emotional/physical conflicts, parent concerns)

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Supervision of Bathroom Use

Program participants must be accompanied by an adult whenever going to and returning from the bathrooms. Follow the “rule of three” when escorting program participants to the bathroom; either 1 adult will accompany at least 2 students to the bathroom, or if only one student needs to use the restroom, 2 adults will accompany. Remember that preschoolers often need help with buttons, but do not accompany students into bathroom stalls. If there is no male staff person available to take 4 -5 year old boys into the boy’s bathroom, they can go into the girl’s bathroom with female staff. Remind students to wash their hands. At The Lawrence, if needed for small students to reach the toilets, use the small stools kept in the Niche. In case of accidents, extra clothes are kept in the Niche cabinets under the sink.

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Release of Minors at Conclusion of Activity

All custodial programs must have a written system for releasing minors at the conclusion of the activity. Campus units should supervise minors until they are picked up by an adult authorized in advance to take custody of the minor. However, with advance written consent of parents/guardians, campus units may release minors to the custody of others or may release minors to their own custody.

The Lawrence has developed protocols for extended supervision of minors in the event of a natural disaster or other unanticipated interruption of the activity, or if continuous adult supervision becomes difficult for any other reason.

Sample Policy from Hall On-Site Summer Camps:
Students in grades 2 or below must remain at the camp classroom until they are picked up by an adult. Parents of students in grades 3 or above may opt to allow campers to be picked up elsewhere (i.e., self-dismissal), but only if they have indicated this on the Day Camp Dismissal form that is a part of the online registration forms. Your camp folder from the Registration Office will include a list of students who are allowed to be picked up elsewhere and those who must remain at the camp classroom to be picked up. Your camp folder also includes a list of who is in extended care and who can be released to the extended care supervisor.

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Physical Contact with Minors

Physical contact between adults participating in programs and youth are permitted within the following guidelines and situations. These guidelines come from the University and are part of the campus policy.

  • Handshakes
  • High-fives and hand slapping
  • Pats on the shoulder or back
  • Side hugs
  • Feeding and grooming of babies and toddlers (including diaper changes)
  • Holding hands while escorting children below the age of 8
  • Other brief contact intended to comfort distressed children below the age of 12 so long as another adult is witnessing it
  • Teaching a physical technique that literally requires hands-on instruction, such as fingering on a musical instrument or positioning for an athletic activity, so long as it is conducted either in the open or in an interior space (1) with doors and windows open and (2) in a building open to the public at the time of the touching
  • Assisting disabled minors who need assistance with a major life function, so long as at least one other person is present and observing
  • Any contact to aid an injured minor or a minor in imminent danger of physical harm (such as a struggling swimmer)
  • Separating minors involved in an altercation

The following forms of contact are not permitted

  • Frontal hugs
  • Kisses
  • Lap sitting
  • Massages or rubs
  • Piggyback rides
  • Tickling
  • Touches on the buttocks, chest, or groin (except when changing diapers)
  • Wrestling
  • Any intended affection unwanted by the minor
  • Any touching conducted in private (i.e. no other adults or children present)

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Disciplining Minors

If you have a program participant whose behavior is disruptive to the other participants or teachers, or who you have concerns about for other reasons, let your program supervisors know right away. They can assist you with managing the situation. Difficult classroom situations that are not dealt with early on usually get worse. Seeking support is part of good teaching!

If you talk to a parent about behavior issues or concerns, make sure that their child cannot overhear the conversation, unless you are intentionally including the child. Describe the child’s behavior objectively, without judging. Ask the parent for suggestions – they may use a system at home or at school that you could use at camp. Before speaking with the parent, be clear about what your purpose is, and have a game plan in mind for a consistent approach you plan on using to help the child (for example, sitting next to the assistant, having an alternate activity to do at outside time, and so forth). Be sensitive to the parent and let them know that you will stay in communication with them. If you call a parent on the phone or have a conversation in person about a child’s behavior, let your program supervisor know.

Campus policy on disciplining minors is as follows:
No adult associated with a campus activity involving minors should ever use physical punishment to manage a minor’s behavior. This prohibition should extend to, but not be limited to, spanking, slapping, pinching, or hitting.

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Non-Program Contact with Minors

In-Person Meetings

Employees and volunteers who are part of a campus activity involving minors should not meet in person outside the activity with any individual minor unless another adult who is part of the activity (preferably the employee’s or volunteer’s supervisor) has been made aware and has approved of the meeting in advance.

Employees and volunteers supervising a campus activity involving minors may meet groups of program participants outside the activity provided:

  • The employees or volunteers have written permission from the parents/guardians of each minor participating in the outside activity
  • The outside activity is held in a public place such as a restaurant, museum, or stadium.

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Telephonic and Electronic Communication

Employees and volunteers may communicate through electronic media to groups of program participants. However, unless they copy or otherwise include another adult connected to the activity (preferably their supervisor), employees and volunteers participating in a campus activity involving minors will not:

  • Send text messages to or respond to text messages from an individual minor involved in the program
  • Send emails to or respond to emails from an individual minor involved in the program
  • Communicate via the personal page of an individual minor on social networking sites like Facebook or Twitter
  • Call an individual minor involved in the program on the telephone

Exceptions may be allowed for employees communicating to individual middle school or high school age minors for business purposes only, provided those employees:

  • For emails, use only their berkeley.edu email address
  • For texts and phone calls, use University-owned devices to the greatest extent possible
  • Are willing to share with the University and their supervisors the records of their communications with minors sent or received via personal devices

The Lawrence’s Teen Internship and Volunteer program has an e-mail account set up specifically for communicating with teens. Staff may use their own berkeley.edu e-mail for sending and receiving messages, as long as they copy the teen program account on the message so that a record of the communication is easily visible to other program staff.

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Gifts

Adults participating in a campus activity involving minors may give a token gift (under $25 value) to all minors involved in the activity. However, no adult participating in a campus activity involving minors will be allowed to give an individual minor in the program a gift (regardless of value) without prior approval from both:

  • The parent or legal guardian of the minor
  • The program supervisor

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Transportation

Walking

Parents/guardians will be informed in advance of any walk for minors less than eight years of age that includes crossing a street used by automotive vehicles. The parents/ guardians will be informed of known traffic hazards and what steps the activity involving minors will take to mitigate those hazards. Parents/guardians must provide written permission before their minors under age eight participate in such a walk.

When walking off-campus as part of their activity, minors under age twelve will wear identifying lanyards, badges, vests, or shirts. At least one adult will lead the procession and permit no minor to walk ahead. At least one adult will follow the procession and permit no minor to lag behind. The procession will stop on a regular basis for a head count. Unless safety considerations dictate otherwise, the procession should not advance until all minors are accounted for.

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Automobiles

  • Parents/guardians will be informed in advance if their minor will be driven someplace. Parents/guardians must provide written permission to transport their minor via private vehicle.
  • Drivers will present to Human Resources an up-to-date copy of their driver’s license. If the driver record shows moving violations within the last three years, or a driving-under-the-influence conviction at any time, the driver will not be approved. Drivers who cannot or will not present copies of their driver’s license will not be allowed to transport minors.
  • If possible, drivers will use a University vehicle. The second preference is a rental vehicle obtained through a preferred provider. If using a privately-owned vehicle, the employee supervising the activity will determine in advance whether the private vehicle is appropriately equipped to transport minors, including, but not limited to, confirming that the private vehicle has a seat belt or car seat for each minor.
  • Drivers of private vehicles will provide a valid registration for the vehicle they are driving. They will also show the Human Resources department a valid driver license for the type of vehicle they are driving and proof of insurance for at least $50,000 per bodily injury, $100,000 for all bodily injuries, and $50,000 for property damage. Drivers who fail to provide the required registration, license, or insurance will not be approved for driving minors in a private vehicle.
  • Minors will not be transported by motorcycle.
  • No adult should drive one minor unless the driver is the minor’s parent, grandparent, legal guardian, or sibling. In all other circumstances except emergencies, drivers will inform their supervisor and the parent of the minor in advance before driving one minor.

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Vans, Buses, and Other Commercial Transportation

  • Departments should notify parents/guardians in advance if minors will be driven someplace. Parents/guardians must provide advance written permission to transport their minor via van or bus.
  • For minors age twelve or under, adults will be seated throughout the bus for easier supervision, with at least one adult in the middle of the bus and one in the far rear. Adults will sit in an aisle seat so they can get up to supervise minors as necessary.
  • Minors will be seated by grade or age group. Disruptive minors will be seated next to an adult.
  • Adults supervising the activity involving minors will take a head count or roll call before loading and after unloading a van, bus, or other form of commercial transportation, and unless safety considerations dictate otherwise, will not proceed until all minors are accounted for.

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Public Transportation

  • Departments will notify parents/guardians in advance if minors will be taken someplace via public transportation. Parents/guardians will provide advance written permission to transport their minor via public transportation.
  • Minors under age twelve will be restricted to one area of the bus or train for easier supervision. Adults will stand or sit on the periphery of the area to which minors on public transportation are restricted. They will take a head count or call roll before boarding public transportation and upon leaving public transportation, and unless safety considerations dictate otherwise, should not proceed until all minors are accounted for.

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Contracts and Sub-awards

If the work includes substantial contact with minors, contracts should include:

  • A link to (or copy of) this policy and a strong recommendation that the non-University organization abide by the requirements contained herein, along with a notification that failure to abide by this policy may constitute grounds for termination of the activity.
  • An indemnification clause in which the non-University organization agrees to indemnify The Regents of the University of California for claims, lawsuits, or other actions that arise as a result of the non-University organization’s use of campus facilities. Standard language reads as follows:

       [NON-UNIVERSITY ORGANIZATION] shall defend, indemnify and hold THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
       its officers, employees and agents harmless from and against any and all liability, loss, expense, including
       reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement,
       but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or
       damages are caused by or result from the negligent or intentional acts or omissions of [NON-UNIVERSITY
       ORGANIZATION], its officers, agents or employees.

  • General Liability insurance with limits of at least $1 million per occurrence and $2 million aggregate.
  • Sexual Misconduct (also known as Abuse and Molestation) liability insurance with limits of at least $1 million per occurrence and $2 million aggregate. Non-University organizations that do not have Sexual Misconduct coverage may apply for it through the University’s insurance broker.

If contractors are working on The Lawrence’s behalf or with The Lawrence as the lead in schools, school districts, or other institutions that have background check requirements, contracts must include the institutional requirements for background checks.

For a contract with an outside group to bring students to The Lawrence for overnight visits or one-day or longer programs, obtain confirmation that at least one employee , lead contractor or supervisor providing  direct, on-site supervision of the activity qualifies as a mandated reporter under CANRA and has signed a Statement Acknowledging Requirement to Report Child Abuse.

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