Activities Involving Minors

Responsible Executive	Chief Ethics, Risk and Compliance Officer
Responsible Office	Risk Services
Contact	Risk Manager, Laila DeBerry, risk@berkeley.edu, 510-643-9317

Issued	10/1/2014
Effective	09/11/2024
Revision	09/11/2024
Supersedes	Version dated 10/1/2014
Next Review	09/11/2029

I. Policy Statement

The University of California, Berkeley is committed to providing a safe environment for minors in campus programs and on campus facilities. This policy seeks to increase the safety of minors through consistent, high-level risk management practices for all campus programs. Minors will be treated respectfully at all times, regardless of their actions or behavior. No adult associated with a campus activity involving minors may use physical punishment to manage a minor’s behavior. Physical or sexual abuse of, or misconduct of any kind towards, minors will not be tolerated.

The policy codifies roles and responsibilities for ensuring compliance with the Child Abuse and Neglect Reporting Act (CANRA) and the UC Reporting Child Abuse and Neglect policy.

II. Definitions

For the purposes of this Policy, the following definitions apply:

Activity Involving Minors: A program, event, camp, outreach/internship opportunity, research, or performance where the minors are the intended participant or audience that is supervised by a campus unit or held in a campus facility, and puts adults and minors in direct, personal contact. Does not include regularly scheduled classes in which minors may be enrolled.

Campus Activity: A program, event, camp, outreach/internship opportunity, research, or performance that is supervised by a campus unit or otherwise part of a campus employee’s duties.

Third-Party Activity: A program, event, camp, outreach/internship opportunity, research, or performance that is held in a campus facility but is not supervised by a campus unit or otherwise part of a campus employee’s duties.

Abusive Conduct: Harassing or threatening behavior that is sufficiently severe, persistent, or pervasive so as to cause emotional damage or mental suffering by the recipient.

Adult: Any human being 18 years of age or older.

Bullying: Unwanted offensive and malicious behavior that undermines an individual or group through persistently negative attacks. There is typically an element of vindictiveness and the behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient.

Child: Any human being under the age of 18.

Child Abuse: Any conduct defined as “child abuse” under the California Child Abuse and Neglect Reporting Act.

Mandated Reporter: An employee, administrator, or volunteer of a youth-serving organization required under the Child Abuse and Neglect Reporting Act to report child abuse and neglect to specified authorities.

Minor: Any human being under the age of 18.

Neglect: The negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child’s health or welfare [CANRA § 11165.2]. The term includes both acts and omissions on the part of the responsible person such as withholding food as a form of punishment. “General neglect” does not include a parent’s economic disadvantage.

Physical Abuse: The willful harming or injuring of a child or the endangerment of the person or health of a child. Physical abuse includes unlawful corporal punishment or injury and non- accidental physical injury.

Physical Injury: Bodily harm, such as cuts, bruises, scratches, or broken bones, suffered by an individual.

Sexual Abuse: Sexual assault or sexual exploitation of a child. Actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Sexual Exploitation: Actual or attempted abuse of a position of vulnerability, power, or trust, for sexual purposes, including but not limited to profiting monetarily, socially, or politically from the sexual exploitation of a minor. This includes depicting a minor in, or knowingly developing, duplicating, printing, downloading, streaming, accessing through any electronic or digital media, or exchanging, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual content.

Unlawful Corporal Punishment: A situation where a person willfully inflicts upon a child any cruel or inhuman physical pain or injury resulting in a traumatic condition. It does not include force reasonable and necessary for a person to quell a disturbance threatening physical injury to a person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the child. It also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.

Volunteer: An adult rendering services to a youth-serving University program where (1) the University has control and direct supervisory responsibility over the manner and result of the services rendered and (2) the University provides no remuneration for such services other than meals, transportation, lodging, or reimbursement for incidental expenses.

Willful Endangerment: A situation in which a person responsible for a child’s welfare either (1) willfully inflicts unjustifiable physical pain or mental suffering on a child; (2) willfully causes or permits a child to suffer unjustifiable physical pain or mental suffering; (3) causes or permits a child in his or her care or custody to be injured; or (4) causes or permits a child in his or her custody to be placed in a dangerous situation.

III. Scope of Policy

Campus units that supervise activities involving minors will abide by the principles and procedures in this policy. This policy applies to all University employees and volunteers. This policy applies to all University managed spaces and facilities.

Programs involving minors should refer to the Best Practices for Activities Involving Minors and are encouraged to exceed the guidelines document and create additional relevant internal procedures and practices to further safeguard their specific program or activity risk exposures whenever possible.

IV. Why We Have This Policy

UC Berkeley interacts with thousands of minors annually through a multitude of diverse programs either controlled by the University or controlled by third-party entities using University facilities. The University is committed to the safety of these minors. This policy contributes to safety by introducing consistent, high-level risk management practices for all activities involving minors, and ensuring that employees are aware of and carry out their reporting obligations under CANRA and the UC CANRA Policy.

V. Procedures

A. Identifying A Mandated Reporter

Any University employee, administrator, or volunteer whose duties include:

Direct or indirect contact with minors (anyone under the age of 18);
Program oversight or supervision of other Mandated Reporters, employees or volunteers work with or come into regular contact with minors;
Work in areas where minors are regularly present.

Mandated Reporters also include, but are not limited to:

Police officers;
Medical professionals;
Athletic coaches, including assistant coaches and graduate assistants;
Teacher, Teaching Assistants, Instructional Aides, GSI, GSR, UGSIs, Readers, and Tutors who have direct contact with minors in youth specific programs or activities;
Childcare Center workers;
All employees working in youth specific programs or activities;
Human resources or other employees charged with handling reports of discrimination or Child Abuse and Neglect Reporting Act (CANRA) complaints;
Staff and administrators who would receive reports of child abuse;
Supervisor(s) or Program Managers overseeing the work or activities of anyone in the above-listed categories.

Faculty and Other Academic Mandated Reporters

Faculty members (and other academic personnel such as academic student employees) are considered Mandated Reporters when any of the following exists:

Responsibility for instruction or outreach at the preschool, elementary, middle, or high school level (i.e. those who teach high school seminars or who serve as mentors in on-campus high school internship programs).
Direct contact and/or supervision of a minor (including faculty members who hire minors to assist with scholarship, research, work in labs, or other academic activities – regardless if the minor’s status is paid, volunteer, intern, or other).
Duties that bring them into direct contact with minors on a regular or seasonal basis in youth specific programs or activities; through year-round or summer academic programs.
Program oversight and/or supervisory responsibility of others who engage in academic programming or activities involving minors and clinical services including Psychology clinic, University Health Services (UHS), Optometry clinics, and other similar settings.

All mandated reporters under CANRA must sign a Statement Acknowledging Requirement toReport Child Abuse

B. Hiring and Training

All positions that engage with minors, including supervisors who oversee program staff and volunteers who engage with minors, must be identified as a CANRA Mandated Reporter in the job description and follow campus policies on background checks and training. No one may be allowed to engage with any minors until they have completed the CANRA Mandated Reporter Training and cleared a criminal background check. Supervisors must collaborate with their local departmental or central human resources professional when uncertain whether a particular employee or position should be classified as a mandated reporter. Employees who are mandated reporters are required to take the annual training at the UC Learning Center and volunteers may take an alternative on-line course.

Volunteers

In accordance with California Penal Code §11165.7(b), andAssembly Bill 506, volunteers in a campus activity engaging with minors must take relevant CANRA training and other compliance training or certifications specific to the program or activity area of focus. No volunteer may be allowed to engage with any minors until they have completed the CANRA Mandated Reporter Training and a criminal background check, and confirmed by the supervisor or program manager.

Prior to participating in a campus activity involving minors, volunteers must read and sign the “Volunteer’s Code of Conduct”. Failure to sign the “Volunteer’s Code of Conduct” or to take any training required by the campus department will result in immediate dismissal from the activity involving minors.

C. Reporting Abuse or Neglect

The campus will fully comply withCalifornia Penal Code §152.3, the State of California’sChildAbuse and Neglect Reporting Act(CANRA), and the University of California policy onReporting Child Abuse and Neglect More broadly, the University encourages all members of the University community who observe, have actual knowledge or received a report of, or reasonably suspect child abuse or neglect to promptly report the concern to appropriate external and University officials.

Abuse and neglect includes, but is not limited to:

Physical injury or death inflicted by other than accidental means

Sexual abuse
Sexual exploitation
Willful endangerment
Unlawful corporal punishment
Neglect

Mandated reporters must promptly report observed or suspected child abuse or neglect by:

Calling UCPD at 510-642-6760, regardless of the location of the incident; and
Completing the external written Alameda County Child Abuse Report and submitting to UCPD as soon as reasonably practical but in any event within 36 hours. UCPD will forward the report to Child Protective Services in the appropriate jurisdiction; and
Completing the internal EthicsPoint hotline (or by phone at 800-403-4744) to report abuse of a minor

UCPD will then facilitate coordination with Child Protective Services or other law enforcement, if necessary. All reports of suspected child abuse or neglect will be taken seriously. The UCPD will respond to such reports immediately, and will take steps to prevent further harm to minors occurring either on campus premises, at an official campus activity, or at a program conducted by the campus.

Please see the University of California policy onReporting Child Abuse and Neglectfor more information. Employees are also encouraged to visit campus Human Resources’ web page onReporting Abuse Against Children or Dependent Adults and Elders

No supervisor, administrator, or other official may impede or inhibit a Mandated Reporter's duties, nor impose any sanction on any person making a good-faith report.

D. Reporting Problem Behaviors & Policy Violations

Problem behaviors and policy violations that may not trigger a CANRA report or constitute a crime must still be documented and appropriately addressed. All employees or volunteers engaged in activities involving minors must respond to the following known or observed behaviors by minors, or other staff/volunteers, including but not limited to:

Bullying or intimidation of a minor
Hazing activities
Derogatory name-calling
Ridicule or humiliation
Inappropriate one-on-one physical contact with a minor
Sexual contact
Sexually suggestive jokes, descriptions of sexual activities or any other inappropriate communication with or around a minor
Any other policy violations

Supervisors receiving incident reports shall document and follow up with parents, staff, and appropriate administrators for escalation, if necessary.

E. Oversight and Supervision of Activities Involving Minors

“Rule of Three”

Campus activities involving minors will follow the “rule of three,” i.e. at least three people will be present in all programmatic and planned aspects of the activity. No private or secluded face-to-face or electronic activities between one adult and one minor are permitted. In an unforeseen or emergency circumstance where a minor is left alone with an adult, all efforts must be taken to ensure it is not in a private or secluded space. See best practices for guidance.

Parent/Guardian Consent

Departments supervising activities involving minors will distribute both aWaiver of Liabilityand an Authorization to Consent to Treatment of Minorform to parents/guardians prior to the minor’s participation in the activity. Minors may not participate in the activity until the parent/guardian completes and signs the forms.

Data Protection

All data is subject to campus data classification and storage requirements. In particular, any health information supplied by a parent/guardian regarding a minor must be protected at the P4 level and be kept in the organizing department for three years or until the minors’ twentieth birthday, whichever is longer. After the end of the activity, it is permissible to destroy paper copies as long as an electronic version of the record exists. After this retention period, records should be destroyed.

Minors Involved in Campus Research Activities

Campus research activities involving minors as participants in the study are subject to institutional review by the Committee for Protection of Human Subjects. Applicable policies include:

Children as a Vulnerable Population

Assent and Parental/Guardian Permission

Guidelines on Children in Research

Minors volunteering or otherwise present in campus laboratories are subject to the system-widePolicy on Minors in Laboratories and Shopsand the campusPolicy on Access to LaboratoriesContaining Hazards,which states that minors are not allowed in laboratories that contain hazards except under certain conditions (e.g they are registered University of California students or are registered participants in a University-sanctioned project, or program). In all cases, minors must be properly supervised while in laboratories.

On-Campus Internships for Minors

Campus departments that bring minors to campus for internships will abide by this policy. Prior to beginning on-campus internships for minors, campus departments in charge of the internship will consult with the Office of Human Resources(http://hr.berkeley.edu/) to make sure that, among other things, the internship does not violate the terms of University Personnel Policies or any collective bargaining agreements.

Daycare or Babysitting

Daycare or babysitting services are prohibited except those provided by the Early Childhood Education Program as part of its mission, and by vendors who comply with state licensing requirements and can demonstrate a record of safety. Any such babysitting or daycare service must also meet the requirements in the below section entitled Third-Party Activities Involving Minors.

F. Registered Student Organization Activities Involving Minors

Registered Student Organizations (RSOs) are self-governing entities independent of the University. If RSOs will be utilizing campus space for events that involve minors, they will be required to complete the following:

Background checks for any RSO member engaging with minors;
Complete CANRA Mandated Reporter (UC) training;
Collecting Elective/Voluntary Activities Waiver Form (see Appendix), and if applicable, the authorization to consent to treat, and photo releases;
Obtain event insurance.

The campus strongly recommends that whenever RSOs engage in activities involving minors, off-campus, they follow this policy.

G. Third-Party Activities Involving Minors

Contracts, facility use permits, or any agreements with non-University organizations including, but not limited to:

Third-party entities bringing minors on to campus for any duration of time for programs they oversee; or,
Third-party vendors hired to oversee the care and custody of minors on behalf of the University;

must include the following provisions:

Confirmation from the third-party that all employees and volunteers participating in the contract or agreement have completed a background check, is trained as a mandated reporter under CANRA, and has signed a Statement Acknowledging Requirement to Report Child Abuse;
A link to (or copy of) this policy and an attestation that the third-party 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 third-party 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. The standard language to be used 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 $ million aggregate.
Sexual Misconduct (also known as Abuse and Molestation) liability insurance with limits of at least $1 million per occurrence and $3 million aggregate. Non-University organizations that do not have Sexual Misconduct coverage may apply for it through the University’s insurance broker by going to https://ucberk.campusconnexionsuc.com/other-constituents/third-party-cam...

VI. Responsibilities

A.Units/Departments

Each campus unit that has programs or activities covered by this policy is responsible for:

Determining and documenting (in consultation with the unit’s HR partner as appropriate) which employees in the unit are mandated reporters under CANRA.
Determining and documenting (in consultation with the unit’s HR partner as appropriate) the training needs of employees and volunteers who are engaged in programs under the unit’s supervision that involve minors; ensuring that all relevant employees and volunteers have completed their required training (including CANRA)/
Ensuring that employees and volunteers in activities involving minors, and the supervisors of those employees and volunteers, are qualified for the activity and have no known history of child abuse, child neglect, or other behavior that might result in harm to minors participating in the activity.
Developing internal policies and procedures for documenting site visits and incidents.

B.Supervisors

Supervisors of employees and volunteers engaging in campus activities involving minors are responsible for:

Monitoring employees’ and volunteers’ compliance with this policy;
Periodically observing activities involving minors to ensure that:

The activities are managed in accordance with this policy and with any additional local policies.
The area where the activity is occurring is safe for the minors using it.
Activities are organized and well-supervised.
Staff and volunteers are interacting appropriately with minors, and parents/guardians.

Informing parents/guardians about where to report concerns or dissatisfaction with the campus activity.
Provide employees and volunteers with feedback, as necessary.

C. Campus Employees (Faculty, Staff, Administrators) and Volunteers

Follow this policy when conducting activities involving minors.
Report suspected abuse, neglect, or other harm to minors, and policy violations as soon as possible.

D. Office of Risk Services

Takes administrative responsibility for this policy, interprets the policy for the campus, and revises the policy as necessary.
Provides online Child Abuse and Neglect Reporting Act (CANRA) and other minor-related training to campus units as needed.
Maintains a best practices website for activities involving minors.

E. Human Resources (Berkeley Regional Services)

In collaboration with campus departments, determines which campus employees and job descriptions qualify as mandated reporters under CANRA.
Manages onboarding which includes conducting background checks and assigning the appropriate training.

F. Human Resources (People & Culture)

Maintains a website and other informational resources to inform departmental human resources managers, supervisors, employees, and volunteers about their obligations under CANRA.
Ensures that CANRA training is available and assigned to the appropriate audience in the UC Learning Center

G. UC Police Department (UCPD)

Accepts reports submitted under both CANRA and the University policy on Reporting Child Abuse and Neglect.
Refers complaints of suspected abuse, neglect, or other criminal behavior affecting a minor to Child Protective Services and investigates and follows up (including referral for prosecution), as appropriate.

H. Facility and Space Managers

Employees who are responsible for responding to requests to use campus space must ensure that any assignment of space to an RSO or third-party, for an activity that involves minors, complies with this policy.

I. Compliance and Enterprise Risk Committee (CERC) Subcommittee on Minors:

- Meets periodically to discuss emerging issues and best practices related to activities involving minors.
- Participates in discussions concerning contemplated changes to this policy.

VI. Consequences of Policy Violations

Failure of employees to comply with this policy may result in a prohibition on conducting campus activities with minors and/or disciplinary action, up to and including dismissal. Failure of volunteers to comply with this policy will result in removal from campus activities involving minors.

Failure of RSOs to comply with this policy may result in a denial of access to campus space. Failure of third-parties to comply with this policy may result in termination of the third-party activities involving minors.

Employees alleged to have engaged in physical or sexual abuse of, or misconduct of any kind towards minors may be placed on administrative leave pending completion of an investigation. Employees will be entitled to a fair investigation under applicable University policy and may be referred to appropriate authorities for investigation and possible criminal proceedings. If the investigation and subsequent adjudication results in a finding of a policy violation involving physical or sexual abuse, or misconduct of any kind, the employees will be subject to disciplinary action up to and including dismissal in accordance with governing University policy and/or collective bargaining agreements.

Volunteers accused or alleged to have engaged in physical or sexual abuse of, or misconduct of any kind towards minors will be removed immediately from the activity involving minors and their alleged behavior will be referred to appropriate authorities for investigation.

A mandated reporter who fails to submit a required CANRA report may face criminal penalties including financial fines and up to 6 months in jail.

The campus will report allegations of physical or sexual abuse of minors to authorities as required by law.