Policy on Minors on Campus in Non-Degree Programs PURPOSE This Policy sets forth guidelines for College faculty and staff to promote the well-being and safety of Minors who come onto the College campus for certain activities. GENERAL POLICY STATEMENT The safety of Minors participating in our programs is our highest priority. This policy is designed to ensure the safety of all Minors participating in MCAD programs and activities. APPLICABILITY This Policy applies when Minors are entrusted to the College through programs and activities that the College operates or sponsors. DEFINITIONS MCAD Adult: Any person 18 years of age or older who supervises, chaperones, accompanies or otherwise oversees Minors in MCAD program activities, recreational and/or residential facilities. A parent or legal guardian is not an MCAD Adult for purposes of this Policy. Minor: Any person under the age of 18 who is not currently enrolled as a student at the College; and any 18 or 19-year old enrolled in MCAD’s Pre-College Summer Program. Staff: Any person, including student teaching assistants, faculty and staff, hired by MCAD to work with Minors. Private Space: All enclosed spaces, such as elevators, bathrooms, studios, classrooms, and auditoriums. Public Space: Any common space, including galleries, hallways, cafeteria, library, and Art Cellar. POLICY REQUIREMENTS WHEN MINORS ARE PRESENT ON CAMPUS In order to protect the well-being and safety of Minors on campus, the following rules must be followed by Staff: During class time, Minors under the age of 15 must be supervised at all times by either a legal guardian or an MCAD Adult while on campus and while participating in off-campus activities sponsored by the College. During the lunch break in a full-day class, students ages 15 and older will have an unsupervised lunch on campus. Students ages 12 to 15 years old can be dropped off and picked up unsupervised while arriving at and departing class. Minors or legal guardians not complying with College community standards may be asked to leave the campus, and/or may be precluded from participation in a College-sponsored program, and/or may be subject to other appropriate action. If an allegation of inappropriate conduct has been made against an MCAD Adult, that MCAD Adult will not be allowed to participate in any College programs which involve Minors until the allegation has been resolved. MCAD ADULTS MCAD Adults are expected to be role models for Minors. MCAD Adults working with Minors must conduct themselves consistent with the expectations and rules set forth in this Policy. MCAD Adults should always avoid any conduct that could cause harm to a Minor. The following list is not intended to be an exhaustive list of all prohibitions. 1. MCAD Adults cannot possess or use any type of weapon while in the presence of Minors. 2. MCAD Adults cannot engage in the use of, or provide Minors with, alcohol or illegal drugs or be under the influence of alcohol or illegal drugs during programs, classes or activities which involve Minors. 3. MCAD Adults cannot participate in photographing or making videos of Minors other than for program-related purposes. If photographs or videos are taken for program-related reasons, the Minor’s parent or legal guardian must sign a waiver. 4. MCAD Adults cannot release a Minor’s personal contact information to third parties unless written consent is provided by the Minor’s legal guardian. 5. MCAD Adults should avoid being in a Private Space with a Minor without another adult present. If this is not feasible, at least two ( 2 ) Minors should be present in a Private Space in addition to an MCAD Adult. 6. MCAD Adults may not offer and/or give rides to Minors at any time, for any reason. 7. MCAD Adults may not host events with Minors present (unless parents or guardians are also present) or attend events in a Minor’s private home. 8. MCAD Adults are prohibited from meeting Minors at off-campus locations unless such meetings are part of an MCAD program. 9. MCAD Adults should use good judgment about any physical contact with a Minor. Do not touch a Minor against his / her/their will and avoid contact that may be misinterpreted. 10. MCAD Adults are prohibited from disciplining Minors in any manner involving humiliation or corporal punishment or isolation. All discipline must be appropriate, given the age of the Minor and the circumstances of the situation. MCAD Adults cannot engage in abusive behavior or conduct of any kind, either verbal or physical, toward or in the presence of Minors. 11. MCAD Adults are prohibited from interacting with Minors on social media. This includes posting images of Minors’ artwork on personal social media. MCAD Adults are prohibited from communicating via text and personal phone call, outside of normal business needs. Any need for MCAD Adults to communicate via text or call with Minors should be approved by the Senior Director, Continuing Education. 12. MCAD Adults and Minors must wear appropriate clothing that does not reveal intimate body parts at all times. 13. MCAD Adults should not intrude in any situation which involves privacy, such as areas where clothing is being changed, showering or using the restroomunless there is a health and safety reason. 14. MCAD Adults must not engage in intimate displays of affection towards others in the presence of a Minor, nor should they engage in sexual, romantic or intimate activity or language with a Minor. 15. MCAD Adults and Minors are expected to use age-appropriate language at all times. Sharing of inappropriate language, images, materials, and content is prohibited. 16. Behavior that threatens or endangers the safety of one’s own well-being or the well-being or property of other persons is prohibited. BACKGROUND CHECKS All MCAD Adults who work with Minors are required to undergo a background check. Background checks will be conducted in compliance with EEOC best practices and will not be in violation of applicable federal, state and local hiring laws. Background checks may include: social security verification, county and national criminal searches, sex offender search and global watchlist search. Background checks of MCAD Adults who continuously work with Minors will be conducted every three years. It is within MCAD’s discretion as to whether information obtained through a background investigation would result in the MCAD Adult not being allowed to participate in an MCAD program. TRAINING All MCAD Adults working with Minors undergo training on policies and procedures for working with Minors, including training on recognizing and preventing child abuse and harassment. MANDATORY REPORTING MCAD Adults must report any known or reasonably suspected abuse of a Minor as described in the Reporting Maltreatment of Minors Policy attached as Appendix A. EMERGENCY CONTACT INFORMATION Emergency contact information will be collected for all Minors participating in MCAD programs without a parent/guardian present. EPI-PENS AND ALLERGIES Minors with severe allergies may bring an epi-pen or an inhale to their program or activity. Minors are responsible for administering their own Epi-pens and inhalers. Epi-pens and inhalers should not be stored in dormitory rooms, but should be kept with the Minor at all times. MISSING CHILD POLICY The safety and security of the Minors participating in Summer Youth Programs at MCAD are paramount. Every care is taken to ensure that the Minors are accounted for at all times when they are in our programs. MCAD’s Missing Students Policy is contained in the attached Appendix B. SEXUAL HARASSMENT/TITLE IX: Please see MCAD’s full sexual harassment/Title IX policy. NON-RETALIATION MCAD prohibits retaliation against any person in response to reports made in good faith under this Policy. Individuals who are found to have engaged in retaliation are subject to discipline up to, and including, termination. NON-COMPLIANCE Violations of these policies will result in discipline, up to and including, termination. Incidents will also be reported to relevant authorities, as required by law. Appendix A: Reporting Maltreatment of Minors Policy Purpose Minnesota law requires that all Minneapolis College of Art and Design (MCAD) employees who work with minors (youth younger than age 18) report to the appropriate authorities suspected physical or sexual abuse or neglect of a child. In this Policy, MCAD employees who work with minors are referred to as “Staff.” This Policy discusses the statutory requirements applicable to all Staff. Definitions Mandatory Reporters: A Staff member who knows or has reason to believe a child is being maltreated as defined by Minnesota law, or has been maltreated within the preceding three years, is a mandatory reporter. They must immediately report the information to the local welfare agency, the agency responsible for assessing or investigating the report, or police department or county sheriff. Neglect: Neglect means the commission or omission of any of the following acts, except by accidental means: Failure by a person responsible for a child’s care to supply a child with necessary food, clothing, shelter, health medical or other care required for the child’s physical or mental health; Failure to protect a child from conditions or actions that seriously endanger the child’s physical or mental health, including a growth delay (failure to thrive) that has been diagnosed by a physician and is due to parental neglect; Failure to provide for necessary supervision or childcare arrangements appropriate for a child after considering factors as the child’s age, mental ability, physical condition, length of absence or environment when the child is unable to care for the child’s own basic needs or safety; Failure to ensure that the child is educated; Prenatal exposure to a controlled substance used by the mother for non-medical purposes; Medical neglect; Chronic and severe use of alcohol or a controlled substance by a person responsible for the child’s care that adversely affects the child’s basic needs and safety; Emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child’s behavior, emotional response or cognition that is not within the normal range for the child’s age and stage of development, with due regard to the child’s culture. Spiritual Means or Prayers None of the above should be construed to mean that a child is neglected solely because the child’s parent, guardian or other person responsible for the child’s care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care. Physical Abuse – Physical abuse means any: physical injury; mental injury; or threatened injury inflicted by a person responsible for the child’s care on a child other than by accidental means; or any physical or mental injury that cannot reasonably be explained by the child’s history of injuries; or any aversive or deprivation procedures or regulated interventions, which have not been authorized under the law. Exceptions Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian that does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal or school employee as allowed by law. Actions that are not reasonable and moderate include but are not limited to any of the following: throwing, kicking, burning or cutting a child striking a child with a closed fist shaking a child under age 3 striking or other actions that result in any non-accidental injury to a child under 18 months of age unreasonable interference with a child’s breathing threatening a child with a weapon striking a child under age 1 on the face or head striking a child who is at least age 1 but under age 4 on the face or head which results in an injury purposely giving a child: poison alcohol dangerous, harmful or controlled substances that were not prescribed, in order to control or punish the child other substances that substantially affect the child’s behavior, motor coordination or judgment; that result in sickness or internal injury; or that subject the child to medical procedures that would be unnecessary if the child were not exposed to the substances unreasonable physical confinement or restraint not permitted under the law, including but not limiting to tying, caging or chaining Sexual Abuse: Sexual abuse means the subjection of a child by a person responsible for the child’s care, by a person who has a significant relationship to the child, or by a person in a current or recent position of authority, to any criminal sexual conduct. Sexual abuse includes any act involving a child that constitutes prostitution, known or suspected child sex trafficking or threatened sexual abuse. Reporting Maltreatment of a Minor When a Staff member knows or has reason to believe a child is being neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding three years, an oral report must be made immediately by telephone or otherwise and followed up within 72 hours, exclusive of weekends or holidays, by a written report to the appropriate police department, county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency. “Immediately” is defined to mean as soon as possible but in no event longer than 24 hours. The contact information for Hennepin County Child Protection and Ramsey County Child Protection is: Hennepin County Family Services 612-348-3552 Ramsey County Human Services 651-266-4500 Failure to Report A mandated reporter who knows or has reason to believe that a child is neglected or physically or sexually abused or has been neglected or physically or sexually abused within the preceding three years, who fails to report as described above, is guilty of a misdemeanor. A mandated reporter who knows or has reason to believe that two or more children not related to the perpetrator have been physically or sexually abused by the same perpetrator within the preceding 10 years and fails to report, is guilty of a gross misdemeanor. Immunity Persons who make a voluntary or mandated report under the statute are immune from any civil or criminal liability that might otherwise result from their actions. Retaliation It is unlawful for an employer to retaliate against any person who makes a report in good faith of abuse or neglect. Background Checks MCAD requires comprehensive background checks for all employees who interact with minors. Please see MCAD’ s Background Check Policy for required background checks for employees. Appendix B - Missing Student Policy Procedures Each participant under the age of 12 who arrives at MCAD is signed in and out of the class either by the parent or authorized caregiver. Participants under the age of 12 are supervised at all times, including during trips to the bathrooms, which are done in groups. In the unlikely event that it is noticed that a child has gone missing the following procedures will be followed: One staff member will maintain the safety and well‐being of other children and will remain in the classroom with the students. The classroom staff will search the immediate vicinity or school grounds. They will go to places at which the child was last seen, tracing the routes that they may have taken, checking the drinking fountains, bathrooms, etc. If after 5 minutes the child has not been located, the instructor will contact both Continuing Education at 612-874-3765 and Campus Safety at either 612-874-3555 or in person (preferred). Campus Safety staff will follow established procedures for locating the child. If the child is not found after approximately 15 minutes, the Director of Continuing Education (or a representative) will contact the parents of the missing child by telephone. If after approximately 15-20 minutes the parents have not been contacted, Campus Safety will contact the police. Once police arrive all relevant information about the child will be given. The police will then take over the search. 4888-9466-0442, v. 1