Office of Human Resources

Protection of Minors Policy

Purpose and Scope

Brandeis University is committed to the health, safety and well-being of minor children involved in programs on and off campus. This Policy establishes the responsibilities of Program Staff supervising and interacting with Minors when on the University campus or while participating in University-sponsored activities off campus. This Policy applies to University-sponsored activities involving Minors and programs for Minors sponsored by non-University organizations that operate in University facilities.  This policy is not applicable to Minors who are enrolled at the University as matriculated students. 

This Policy establishes:

  • Minimum standards of conduct for interacting with Minors attending Programs;
  • Procedures for reporting and responding to suspicions of abuse or neglect of Minors;
  • Guidelines for the operation of Programs that involve Minors;
  • Minimum training requirements for employees who oversee Programs that involve Minors; and
  • Background screening requirements for those who interact with Minors in Programs.

Definitions

A Minor is any person under the age of 18 and who is unaccompanied by a parent or legal guardian, but excludes those enrolled at the University as matriculated students.  

Program Staff includes all students, employees, and volunteers engaged in providing a program involving participants who are Minors.

A Program shall include any organized activity or event, whether in-person or online, including small group or informal activities, that are designed to include participants who are Minors, offered by an academic or administrative unit of the University (including recognized student organizations and Athletics), whether on or off campus, or by non-University organizations using campus facilities.  Programs shall include workshops, summer camps, and group visits, but shall exclude the following Exempt Programs:

  1. Performances, events, or activities open to the general public (such as athletic competitions, plays, concerts, lectures, festivals, exhibits, weddings, etc.);
  2. Group tours and events for prospective students organized by the Office of Undergraduate Admissions;
  3. Events or activities where parents or guardians are required to accompany Minors, or events or activities such as field trips to the campus where personnel from the sponsoring agency or education program are required to accompany Minors; 
  4. Academic courses open to Minors in which college credit is available; and
  5. Research protocols involving Minors as human subjects, which are subject to the requirements specified by the relevant Institutional Review Board (IRB)      

Presence of Minors on Campus

The University reserves the right to condition, restrict or deny access to University facilities by Minors at its discretion. All Minors, including those participating in Programs, shall be subject to all University regulations while on campus, and may be asked to leave the campus if unable to comply.

University-Sponsored Programs Involving Minors

Unless they are Exempt Programs, all University-sponsored Programs involving the participation of Minors must comply with the following terms and conditions, as well as any other applicable requirements of federal, state or local laws or regulations.

Responsibilities of Program Directors

Each University-sponsored Program shall have at least one individual who will be designated as the Director of the Program for purposes of this Policy. The Director of any Program in which Minors will participate, whether located on or off campus, shall have responsibility to:

  1. Notify the Office of Human Resources of the Program prior to the Program commencing;
  2. Ensure that all Program Staff engaged in the Program (including themselves) have completed background checks as described in this Policy;
  3. Ensure all vendors who will have staff come into contact with Minors as part of the Program have an agreement in place with Brandeis that complies with the requirements of this policy;
  4. Complete and retain any required documentation;
  5. Establish a procedure for notification of parents or legal guardians of all participants in the event of an emergency, and obtain and keep accessible contact information for participants’ parents or legal guardians, as well as emergency contacts in the event the parents or legal guardians are unavailable. All parents or legal guardians of participating Minors shall be provided with contact information in order to reach participants while the Program is in session;
  6. Obtain: (i) authorization from all participants’ parents or legal guardians to permit transportation of Program participants to University Health Services or local hospitals as deemed necessary; (ii) authorization for emergency medical treatment in the event the parents or legal guardians or their designated emergency contact are not available; and (iii) disclosure of any allergies or other medical condition or physical limitation that might impact participation in the Program;
  7. Establish a plan for adequate supervision in light of the number and average age of participants, the Program activity and whether overnight accommodations are involved; 
  8. Establish a procedure for the pick-up and drop-off of participants, specifying times and locations, and providing that no participant shall be released to any person other than their parent or legal guardian without specific written authorization from such parent or legal guardian. Any Program providing for transportation of participants by Program Staff after drop-off by parent or legal guardian to the campus or other site must have a valid driver’s license, will be maintained by the responsible unit.  Under no circumstances shall Program Staff be permitted to be alone with a Minor in a car or other vehicle; and
  9. Comply with any federal or state requirements applicable to services, programs and activities involving Minors, including, but not limited to, if applicable, the Massachusetts Minimum Standards for Recreational Camps for Children, 105 CMR 430.00, the Massachusetts Mandated Reporter law, M.G.L. c. 119, § 51A, and the Massachusetts Department of Early Education and Care regulations

Background Check

Prior to their participation in a University Program involving Minors, the Director of the Program and Program Staff will be subject to background checks.  If they have not had an iCORI (Criminal Record Offender Information) in the last three years, an iCORI will be required.  Everyone is required to have a state sex offender registry search (SORI). The background check process will follow the University’s Background Check Policy. 

Requirements for Staff Participation

No person shall serve as the Director of any Program or participate as Program Staff in any University-sponsored Program (except for Exempt Programs), unless and until the following requirements have been met:

  • Completion of a successful background check;
  • Completion of a training program prior to involvement in the Program and on a three year cycle thereafter.  Training will include at a minimum the following topics: 
    • University policies regarding interactions with Minors;
    • Background screening requirements;
    • Examples of appropriate and inappropriate behavior with Minors, as outlined in Prohibited Conduct;
    • Signs that a Minor may be a victim of abuse or neglect;
    • Reporting requirements and procedures for suspicion that a Minor may be a victim of abuse or neglect.

Non-University Programs and Vendors

Non-University organizations operating a Program involving Minors and outside vendors participating in the operation of a Program run by Brandeis must enter into an agreement with Brandeis prior to the Program (vetted through the University’s Office of Procurement) that includes:

  1. The specific facilities to be used, the dates and hours of permitted access and other terms applicable to such use;
  2. An affirmation that its employees, volunteers and other agents acting under the agreement have passed legally required background checks, including CORI and SORI;  
  3. An affirmation that its personnel will comply with this Policy; 
  4. An affirmation that its personnel will immediately report to the Massachusetts Department of Children and Families and an appropriate University official all instances where they have reasonable cause to believe a child is suffering physically or emotionally from abuse, including sexual abuse, or neglect;
  5. An Indemnification Agreement defending and holding the University harmless against any and all claims arising from the actions of the Non-University organization, its personnel, and any failure to conform to the requirements of this Policy; 
  6. An affirmation that it complies with all applicable state and federal laws; and
  7. Adequate insurance coverage as determined by the University.

Prohibited Conduct

Directors of Programs and Program Staff should avoid unobserved or unsupervised one-on-one contact with a minor.  No Program or Exempt Program for Minors shall involve any of the following:

  1. Corporal punishment;
  2. Inappropriate touching;
  3. Hazing or bullying of any kind;
  4. Presence or consumption of tobacco, alcohol, or illegal or prohibited drugs;
  5. Presence or use of or sexually explicit literature or other media of any kind;
  6. Presence or use of firearms or weapons of any kind;
  7. Inappropriate use of audio, video or photographic devices or accessing or displaying inappropriate materials or content;
  8. Any private communication not pertaining to Program matters from Program Director/Staff to Minors by email, text messaging or social media; or
  9. Transportation of Minors by Program Director/Staff except in conformance with a transportation plan.

Reporting of Inappropriate Activity

  1. A) All persons serving as Director of a Program, whether voluntary or paid, or employees serving as Program Staff in Programs are mandated reporters of child abuse under Massachusetts law and must report to the Massachusetts Department of Children and Families (DCF) all instances where they have reasonable cause to believe a child is suffering physically or emotionally from abuse, including sexual abuse, or neglect.
  2. B) All mandated reporters must immediately report to the DCF if they have reasonable cause to believe a child known to them in their official capacity may be abused or neglected.
  1. During regular business hours (8:45am-5:00pm M-F) call the DCF area office that serves the city or town where the child lives. Otherwise, dial the Child-at-Risk Hotline at 800-792-5200. Gather as much information as you can about the suspected abuse or neglect before calling.
  2. In addition to calling, mandated reporters must also complete a written report within 48 hours of their call to DCF. 
  3. The Brandeis Office of Public Safety is available to assist mandated reporters with the DCF notification process. Contact BPD at 781-736-3333.
  1. C) If a mandated reporter makes such a report directly to DCF, they must notify the Vice President for Student Affairs that a report has been made, as well as the underlying circumstances that compelled the report, and memorialize in writing that the report has been made.
  2. D) While not mandated reporters per Massachusetts law, volunteers serving as Program Staff in Programs are required by this Policy to notify the Vice President for Student Affairs who will then notify DCF.
  3. E) Questions regarding reporting obligations or the circumstances under which a report is required may be addressed to Office of General Counsel Office or for immediate assistance, contact Brandeis’ Office of Public Safety at 781-736-3333. 

Retaliation Will Not Be Tolerated

Retaliatory acts against members of the University community who make good faith reports of inappropriate activities under this Policy and/or who cooperate in the investigation and handling of such reports, regardless of whether a violation of this policy has occurred, will not be tolerated. Any member of the University community who believes that he or she is the subject of retaliation under this policy should contact the Vice President for Human Resources.  The University will promptly investigate all reports of alleged retaliation.

Violations of this Policy

Failure to comply with the provisions of this Policy and any related campus procedures may result in cancellation of a Program or event and/or disciplinary action. The University may terminate relationships with non-University program operators or take other appropriate actions, including contract termination or non-renewal, based on violations of this Policy.