Employees working with minors

California College of the Arts permits specified minors on campus for a variety of reasons including as prospective students; as enrollees in a College sponsored program or camp; and as participants in certain other College-sponsored programs appropriate (some of which meet off-campus). In all cases, programs involving minors on campus, whether conducted by the College or an external entity, must include appropriate adult supervision on campus and provide for their safety.

REASON FOR POLICY

This Policy establishes the standards for the protection of minors participating in the College-operated or sponsored program or an activity. The Policy complies with California Penal Code Section 11164- 11174.3, the Child Abuse and Neglect Reporting Act (CANRA), and related state laws governing the protection of minors.

WHO SHOULD READ THIS POLICY

The department head, any employee, student, or volunteer who works in a program that allows minors on campus; the members of the Leadership Team; as well as supervisors and managers who supervise an individual with such responsibilities. Non-college organizations and entities that operate programs or activities involving minors on campus must also comply with this policy.

POLICY TEXT

The College is committed to promoting the safety of students and others who visit our campuses, especially minors. This policy describes requirements to engage with minors to promote their protection visiting our campus or in a college-related program, and to fulfill our obligations as mandated by law under CANRA.

CANRA imposes specific requirements on employees that have regular contact with minors, to report suspected child abuse or neglect, including, but not limited to, the following:

• Physical injury inflicted by other than accidental means,
• Sexual abuse or exploitation
• Willful endangerment
• Unlawful corporal punishment, and
• Other maltreatment

See FAQ #2 for additional information on the types of child abuse and neglect that are reportable under CANRA.

Mandated Reporters

Certain positions held by the College employees, students, or volunteers working with minors on campus are designated as “Mandated Reporters” under CANRA. Examples of Mandated Reporters are listed in Appendix A. The list includes specific types of jobs such as teachers and coaches, but also includes administrative and other positions where the employee, student, or volunteer has contact with minors on a regular basis.

Mandated Reporters have a legal responsibility to report known or reasonably suspected child abuse or neglect, as follows:

First Report: Immediately, or as soon as practicable, by calling the San Francisco Police Department (SFPD), Child Abuse Unit, at (415) 558-2650. For an immediate threat of danger, call San Francisco emergency services at 911.

Second Report: The call must be followed within 36 hours by a written report to the law enforcement or child protective agency that will be investigating the incident. The investigating agency will ask you to complete Suspected Child Abuse Report, Form 8572.

College Mandated Reporters should also promptly notify their supervisors when they witness or reasonably suspect an occurrence of child abuse or neglect. Informing a supervisor, however, does not relieve a Mandated Reporter of his or her responsibility to make a report immediately, or as soon as practicable, to the SFPD Child Abuse Unit.

No College supervisor, administrator, or other employee may inhibit the duty of a Mandated Reporter, or other Individual subject to this Policy, to report suspected child abuse. Any retaliation initiated against a reporter of child abuse or neglect will be addressed promptly, in accordance with the College’s Whistleblower Policy or Retaliation Policy, found in the Staff Handbook and Faculty Handbook.

It is also the policy of the College to require all employees (without regard to mandated Reporter status) and volunteers to immediately report in writing to a college office, any known or suspected child abuse or neglect that occurs on campus, in any off-campus College building or property, or in connection with any College-related program or activity in a manner consistent with this policy.

RELATED INFORMATION

Exceptions

This policy does not apply to (1): events on campus that are open to the public; (2) private events where minors attend under the supervision of a parent or legal guardian; and (3) activities or programs that only involve minors who are matriculated College students.

A request for an exception to the training, background check and fingerprinting requirements must be submitted for review and approval in accordance with the procedures contained in this Policy.

Infrequent Contact with Minors

If an individual’s job duties or assignment has only infrequent or incidental contact with minors, the individual is not a mandated reporter.

Supervision and Protection of Minors

The following standards must be observed in the conduct of any College program involving minors and are intended to ensure the safety of the participants and minimize any disruption to the College’s regular business activities.

• Minors who are not accompanied by a parent or legal guardian must be supervised at all times by at least one adult authorized by the College to work in an on-campus or off-campus activity designed for them.
• Minors, even if accompanied by an adult, shall be restricted from using certain equipment or entering certain areas of the campus such as laboratories and other facilities, when it’s a safety hazard for children.
• Minors are not allowed in classrooms while classes are in session unless prior approval has been obtained from the faculty member and the dean.
• Minors who are disruptive or who do not meet appropriate standards of student conduct may be removed from the program, at the discretion of the College.

Departments that administer or sponsor programs designed for minors should implement the procedures set forth in the College’s Guidelines for Supervising Minors.

RESPONSIBILITIES

Mandated Reporters

• Consents to a background check and fingerprinting prior to performing any services in a College-sponsored program involving minors
• Completes initial and annual training on the protection of minors
• Sign CANRA acknowledgement to Report Child Abuse Form
• Immediately reports known or reasonably suspected child abuse or neglect to SFPD, in accordance with this Policy
• Completes written report, as instructed by the investigating agency, within 36 hours of making initial call to SFPD.

Department/Business Manager

• Ensures that individuals under its jurisdiction who regularly work with minors, or who supervise such individuals, undergo requirements under this Policy
• Ensures that parents or guardians of children participating in a department program designed for minors complete and sign the Release and Waiver Liability form
• Ensure that parents or guardians provide prior written authorization whenever a minor will be released to the custody of another adult or transported in a vehicle occupied by a college adult and a minor.
• Ensures that individuals under its jurisdiction who regularly work with minors, or who supervise such individuals, immediately report any known or reasonably suspected child abuse or neglect.

Human Resources

• Coordinates background checks and fingerprinting of employees, students, and volunteers who regularly work in a program intended for minors
• Coordinates registration of authorized drivers operating College-owned or private vehicles to transport minors in connection with a College-sponsored program.
• Coordinates review of requests for an exception to this policy.

President, Vice Presidents, Vice Provosts, and Deans

• Ensures that employees in their division who work in or administer programs involving minors are in compliance with this Policy.

• Authorization
• Background Check and Fingerprinting
• Protecting Children Training
• CANRA Acknowledgment to Report Child Abuse Criminal Background Check Verification
• Form Participant Waiver
• Drivers
• Violations

Authorization

This Policy is published under the authority of the Vice President of Human Resources. Any request for an exception to the Policy must be submitted to Human Resources for review and approval, if appropriate. The request must include a written statement explaining why the standards set forth in the Policy are not attainable or desirable and a description of the alternative procedures, if any, that would be implemented in their place.

Background Check and Fingerprinting

All College employees, students, and volunteers who regularly work in a College-sponsored program intended for minors or who administers such a program are required to successfully complete both a background check and fingerprinting prior to undertaking an assignment involving minors.

Background checks are coordinated by the Office of Human Resources. Fingerprinting is coordinated by HR. Departments that administer programs involving minors must arrange for these checks as follows:

• Background Check: Departments must contact HR to complete a background check, which will be conducted by the College’s third-party service provider, ADP.
• Fingerprinting: The College uses the California Department of Justice {DOJ} Live Scan Service for conducting fingerprinting. Each person subject to this Policy must complete the Request for Live Scan Service (BCIA 8016} form and provide appropriate identification for submission to the DOJ, which will conduct an electronic check of the individual's fingerprints. Make sure to obtain the ORI Code and Billing Number for the Live Scan form from Human Resources to ensure results are sent to the College’s confidential portal. Human Resources can arrange for an on-site Live Scan Service unit to be on campus to take fingerprints for groups of 15 or more. Individuals who are unable to use this service must complete fingerprinting independently.

All individuals authorized to work with minors on a regular basis must complete a background check and fingerprinting on an annual basis. Individuals who have not completed these checks will not be permitted to participate in a College-sponsored activity involving minors.

Documentation substantiating that Individuals subject to this Policy have successfully completed both the background and fingerprinting checks must be retained by departments for audit inspection by Human Resources and the Office of Internal Audit and Tax Compliance for a minimum of three years.

Protecting Children Training/CANRA

Any person authorized by the College to work in a program that brings that individual into regular contact with minors, or person who directs or supervises such a program, must complete the Mandated Reporter Training.

Users will be assigned the training through Workday Learning. The training can be accessed through the following steps:

• Log into Workday
• Identify the Applications, click the "View All" button
• Click on the Learning worklet
• In your Learning Home, you will see the Mandated Reporter Training.
• You can also type in "Required Learning" in the Workday search bar and press enter to find the training.
• The training is provided through an external site.
• Upon completion, you will receive a certificate of completion. Please download and email to hr@cca.edu which will then mark the course completed.

Persons authorized by the College to work in a program that brings that individual into regular contact with minors, or person who directs or supervises such a program, must sign the CANRA Acknowledgment to Report Child Abuse Form.

Participant Waiver

The parent or legal guardian of each minor participating in a College program must complete and sign the Release and Waiver of Liability form published by Academic Affairs. The form must be signed and returned to the department in advance of the minor’s participation in the program. Minors will not be allowed to take part in the program until a properly completed form is received by the department. Copies of the completed forms must be retained by departments for audit purposes for a minimum of three years.

Drivers

Any individual operating a vehicle as part of a College-sponsored activity involving minors must be registered as an authorized driver with Human Resources, in accordance with the Vehicular Use Policy. Drivers who are not registered with Human Resources are prohibited from transporting minors in connection with any College activity.

Violations

A violation of any portion of this Policy may result in disciplinary action, up to and including termination of employment and/or legal action. In addition, a Mandated Reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is subject to fines and/or imprisonment pursuant to CANRA Section 11166.(c).

APPENDIX A

Mandated Reporters

Under the California Child Abuse and Neglect Reporting Act (CANRA), certain College employees and volunteers are required to report known or reasonably suspected cases of child abuse or neglect. Such employees are deemed to be "Mandated Reporters" and include, but are not limited to, the following positions:

• A teacher.
• An Instructional aide or teacher's assistant.
• An administrator or employee of a youth recreation program.
• An administrator or employee whose duties require direct contact and supervision of children.
• An administrator or employee whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on the institution's premises or at an official activity of, or program conducted by, the institution.
• Child care employees.
• An employee of a police department or a peace officer.
• Members of the clergy.
• Any athletic coach, assistant coach, or graduate assistant involved in coaching.
• Health care professionals, including physicians, psychiatrists, psychologists, residents, nurses, therapists, clinical counselors, and similar workers.

Students providing services on behalf of the College without compensation are not treated as Mandated Reporters under CANRA. These individuals, however, are subject to the requirements contained in this Policy applicable to Mandated Reporters if their volunteer services involve contact with minors on a regular basis.

For a complete list of all mandated reporters, see Section 11165.7(a) of CANRA.