Child Protection Policy

I. Prohibited Conduct

  A Covered Person shall not: 

  1. Be alone with a child, unless the covered person is a relative or guardian of the child, unless one-on-one contact is approved in accordance with a determination pursuant to Section IV.2 of this policy. In no event shall a Covered Person, who is not a relative or guardian of a child, be alone with the child in a restroom, locker room, shower, sleeping area, or vehicle. 

  2. Engage in physical abuse or sexual abuse of a child. 

  3. Engage in the use of alcohol or illegal drugs, or be under the influence of alcohol or illegal drugs during Covered Activities. 

  4. Enable, facilitate, or fail to address a child's use of alcohol or illegal/non-prescribed drugs. 

  5. Contact a child through electronic media, including social media, for the purpose of engaging in any prohibited conduct, including sexual conduct. 

  6. Offer or make a gift to a child for the purpose of engaging in any prohibited conduct, including sexual conduct. 

  7. Release a child from a Covered Activity without a written authorization from the child's parent or guardian. 

II. Required Conduct

   A Covered Person shall: 

  1. Take all reasonable measures to prevent physical and sexual abuse of a child, including immediately removing a child from any dangerous situation including potential physical abuse, sexual abuse, or prohibited conduct as defined herein. 

  2. Report immediately any suspected physical abuse or sexual abuse of a child to the campus University Police Department, and provide to the campus University Police Department, a written report of suspected physical or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York State Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred. 

  3. Comply with the College's Mandatory Child Sexual Abuse Reporting & Prevention Policy. 

  4. Complete all required training for Covered Persons (i)-(iii) developed pursuant to this Policy. 

  5. Wear and display prominently at all times during the Covered Activity a lanyard or other form of identification that identifies the individual as a Covered Person. 

III. Responsible College Official

  A Responsible College Official shall:  

   1. Confirm that the requirements of this Policy have been communicated to Covered Persons (i)-(iii) prior to the commencement of a Covered Activity. 

   2. Confirm that New York Sex Offender Registry and National Sex Offender Public Registry searches (as described in Campus Responsibilities, below) have been obtained and reviewed for Covered Persons (i)-(iii) prior to the commencement of a Covered Activity. 

   3. Confirm that the completed Acknowledgment of the College's Child Protection Policy form has been obtained from Covered Persons (iv)-(v) prior to commencement of a Covered Activity. 

   4. Immediately report allegations of physical abuse or sexual abuse of a child to the campus University Police Department, and complete and provide to the campus University Police Department, and complete and provide to the campus University Police Department a written report for each allegation of physical abuse or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred. 

  5. Notify and coordinate with appropriate campus officers to ensure that allegations of suspected physical abuse or sexual abuse are investigated and addressed appropriately. 

  6. Confirm that required training on this Policy has occurred prior to the commencement of a Covered Activity for all Covered Persons who are employees, volunteers, students or agents of the College or a College- affiliated organization. 

  7. Confirm that the College has provided Covered Persons (i)-(iii) with identification that identifies the individual as having the responsibilities of a Covered Person. 

IV. Campus Responsibilities

Each campus, System Administration, and College-affiliated organization shall develop procedures to:

  1. Designate a Responsible College Official for each Covered Activity. 

  2. Determine on a limited, case-by-case, basis that the first sentence of section I.1 of this Policy, which prohibits a Covered Person from being alone with a child, shall not apply to certain Covered Activities when the pedagogical or health-related nature of the Covered Activity requires such one-on-one contact with a child. Examples include tutoring, music lessons, speech therapy, and medical, dental, or optical services. 

  3. Communicate the requirements of this Policy to Covered Persons (i)-(v). 

  4. Provide for and require biennial training on this Policy for all Covered Persons who are employees, volunteers, students or agents of the College or a College-affiliated organization, and maintain records verifying the completion of such training prior to the commencement of a Covered Activity.

  5. Obtain New York Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons who are employees, volunteers, students, or agents of the College or a College-affiliated organization and complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity. 

      a. A search of the NY Sex Offender Registry means: 

          (i) a search of the file of persons required to register pursuant to Article 6-C of the Correction Law maintained by the NY Division of Criminal Justice Services pursuant to NY Correction Law § 168-b for every level of sex offender (Level 1 through Level 3), which requires an email, CD or hard copy submission of names and identifiers to DCJS as described on the DCLS website (Sex Offender Registry Search Submissions by Email and CD - NY DCJS ); and 

          (ii) retention of the records of the results of such search.  Note that an internet search alone will not meet the requirements of this Policy. 

      b. A search of the National Sex Offender Public Registry means: 

          (i) a search by first and last name of the National Sex Offender Public Website maintained by the United States Department of Justice at this link:  National Sex Offender Registry; and 

          (ii) retention of the records of the results of such search.  

  6. Provide for the prompt investigation, and preparation of written findings, by the campus University Police Department of reports of suspected physical abuse or sexual abuse, and if there is reasonable cause to believe a crime has been committed, coordination by the campus University Police Department with other law enforcement officials.

  7. Provide a mechanism to report and respond to allegations of retaliation (as described below).

  8. Retain documentation of the search results from the New York and National Sex Offender registries for Covered Persons who are employees, volunteers, students or agents of the College or a College-affiliated organization for six (6) years after the covered person has separated from employment.

  9. Provide identification for Covered Persons (i) – (iii) that identifies the individual as having the responsibilities of a Covered Person.

V. Retaliation

  1. Retaliatory action against anyone acting in good faith, who has reported physical abuse or sexual abuse in accordance with this Policy, or who has been involved in investigating or responding to allegations of physical or sexual abuse, or who has reported a failure to comply with this Policy, is a violation of this Policy. Retaliatory acts may include, but are not limited to:

• employment actions affecting salary, promotion, job duties, work schedules, and/or work locations;
• actions negatively impacting a student's academic record or progress; and
• any action affecting the campus environment, including harassment and intimidation.

VI. Third Party Use of College Facilities

The use of College facilities by vendors, licensees, or permittees for commercial and non-commercial Covered Activities shall be accomplished pursuant to a revocable permit.  The following minimum terms shall be included in all such revocable permits:

  1. A specific definition of the areas accessible to the Covered Activity.  For example, revocable permits for sporting events held on athletic fields should include the athletic field, as well as any ancillary areas or structures where minors will be permitted, such as adjacent grounds, parking lots, rest rooms, locker rooms, accessory structures, etc.

  2. A provision requiring insurance coverage in the types and amounts listed below, naming the University as an additional insured, and requiring that evidence of such insurance be provided to the University within five (5) business days of execution of the revocable permit or at minimum two weeks (14 days) prior to the scheduled use of University facilities.

      a. General Liability insurance two million dollars ($2,000,000) each claim and two million dollars ($2,000,000) in the aggregate;

      b. New York State Workers’ Compensation insurance and New York State Disability Benefits insurance during the term of the revocable permit for the benefit of permittee’s employees required to be covered under the NYS Workers’ Compensation Law and the New York State Disability Benefits law.

      c. For those instances in which a campus believes that the activity is so long or substantial and that the obtaining of such insurance will not unduly preclude beneficial use of the campus’ facilities, the campus should require additional insurance in the form of: Sexual Abuse and Molestation insurance, either under the above-described general liability policy or in a separate policy, with coverage not less than one million dollars ($1,000,000).  Any insurance coverage for sexual abuse and molestation insurance written on a claims made basis shall remain in effect for a minimum of six (6) months following the use of University facilities.

  3. If the Covered Activity is a Children’s Camp as defined in Section C of this policy, a provision requiring permittee to provide the College with a copy of its camp operator permit issued by the New York State Commissioner of Health, either upon execution of the permit or not later than two weeks (14 days) before the scheduled use of College facilities. 

  4. A representation and warranty from permittee that for all of its employees and volunteers, and employees and volunteers of its sub-permittees, who shall enter upon College facilities for purposes related to Covered Activity, permittee has conducted within the ninety (90) day period preceding the use of College facilities (i) a search of the NY Sex Offender Registry; and (ii) a search of the National Sex Offender Public website. 

  5. A representation and warranty from permittee that for all Covered Activities:  (i) it shall adhere to the American Camp Association standards for minimum staff-to-child supervision ratios, minimum staff age and minimum staff accreditation requirements (available at: Standards at a Glance | American Camp Association); and (ii) that the overall supervisor for each Covered Activity is an adult with certification or documented training and experience in the Covered Activity.

  6. A representation and warranty from permittee that any transportation it provides for participating minors to and from the College grounds shall conform to the American Camp Association’s transportation standards (available at: Standards at a Glance | American Camp Association).

  7. A provision requiring written acknowledgement from permittee that it has received a copy of the College’s Child Protection Policy and agrees to abide by all of its terms, including its requirement that any suspected physical or sexual abuse be immediately reported to the campus University Police Department.

VIII. Other Related Information

            State University of New York policy on Mandatory Reporting and Prevention of Child Sexual Abuse. 

            SUNY Geneseo’s Mandatory Child Sexual Abuse Reporting & Prevention Policy

VIII. Forms 

Revocable Permit – Use of College Facilities for Covered Activities under the State University of New York Child Protection Policy