Operating Policy and Procedure
HSC OP: 52.19, Youth Protection Practices
PURPOSE: The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to ensure the safety of minors and compliance with laws relating to minors participating in camps, programs, internships, mentorships, volunteer opportunities, events or activities (“Youth Programs” and “Youth Activities”) on Texas Tech University Health Sciences Center (TTUHSC) owned or controlled premises, or programs sponsored by TTUHSC.
REVIEW: This HSC OP will be reviewed in January of each even-numbered year (ENY) by the Office of Institutional Compliance. Any proposed changes will then be forwarded to the President by April 1.
POLICY / PROCEDURE: It is the goal of TTUHSC to operate its Youth Programs and Youth Activities in a safe and lawful manner, free of any form of child abuse or molestation including physical, mental or sexual, and in a manner to earn and maintain the public’s trust by the attentive administration of its Youth Programs and Youth Activities. All Youth Programs must be planned, operated and implemented in compliance with applicable laws and University policies, including, but not limited to, the TTUHSC’s Campus Carry policy. TTUHSC operates its Youth Programs and Activities in compliance with applicable laws listed at the end of the policy.
DEFINITIONS:
Youth Participant: a minor (under age 18) who is attending a Youth Program or Youth Activity or a person 18 or older who is a current secondary school student and is attending a Youth Program or Youth Activity. This does not include university students under the age of 18.
Youth Activity: activities where the custody, control, and care of a minor is not the responsibility of the TTUHSC but instead held by non-TTUHSC teachers, official chaperones, parents or legal guardians (e.g. campus tours for prospective students’ families or visits by local school district classes).
Youth Program: a camp, program, internship, mentorship, volunteer opportunity, or event held on TTUHSC owned or controlled premises, or sponsored or supported by a TTUHSC department or unit that offers recreational, research or educational activities to Youth Participants, and where youth are supervised by TTUHSC Designated Individuals or Program Operators. Youth Program also includes any “campus program for minors” as defined by Section 51.976 of the Texas Education Code. Youth Programs do not include day or youth camps as defined by 141.002 of the Texas Health and Safety Code, nor do they include opportunities where a facility or program is required to be licensed by the Department of Family and Protective Services.
Program Director: The TTUHSC employee or department specifically responsible for the compliance oversight of all Youth Programs.
Program Operator: the TTUHSC college, school, unit, department or individual who owns, operates, or supervises the Youth Program and is charged with ensuring compliance with the Youth Program requirements.
Designated Individuals: any TTUHSC employee, faculty or staff, TTUHSC student, volunteer, contracted employees, or other individuals who are involved in and assisting with a Youth Program for Youth Participants, or who has contact with a Youth Participant, and/or has been identified by TTUHSC as a Designated Individual.
Supervise: a Youth Participant is supervised when they are within sight, except for infrequent momentary periods, and remain within reasonable hearing distance of a Designated Individual or Program Operator who is trained to report inappropriate or dangerous activities or behavior, and is aware of the obligation to report.
Training and Examination Program: the training and examination program on sexual abuse and child molestation awareness that is approved by the Texas Department of State Health Services with successful completion evidenced by a certificate.
Campus Security Authority (CSA): Individuals who, because of their functional role, have an obligation to notify the Clery Compliance Officer or Texas Tech Police Department (TTPD) of alleged Clery Crimes that are reported to or witnessed by the CSA.
REQUIREMENTS:
All Youth Programs must be registered through and subject to a strict review and approval process from the TTUHSC Office of Institutional Compliance.
All Youth Programs must complete a registration process in order to be approved for all Youth Programs that take place on TTUHSC owned or controlled premises, or Youth Programs sponsored by TTUHSC. Youth Programs must be sponsored by or affiliated with a TTUHSC school, unit, department or student organization and must be specifically authorized by the TTUHSC Youth Program Director on a per-program basis.
Registration Requirements
The Program Operator is required to register the Youth Program with sufficient time to meet the requirements of this policy, but no later than thirty (30) days prior to the start date of the Youth Program. Each Youth Program must be registered annually.
Required Training and Acknowledgement Forms
a) All Program Operators and Designated Individuals must complete sexual abuse and child molestation awareness training and examination as mandated by the Texas Department of State Health Services prior to the start of the Youth Program.
b) All Program Operators and Designated Individuals are considered Campus Security Authorities (CSA’s) under the Clery Act and must complete CSA Training.
c) All Program Operators and Designated Individuals must read and sign the Supervision and Prohibited Conduct Acknowledgement Form (HSC OP 52.19 Attachment A).
Required Forms
a) A Risk Management Plan must be submitted and approved.
b) A Youth Participant Program Agreement must be completed and signed for each youth participant (HSC OP 52.19 ATTACHMENT B).
i.) Each Youth Program may also require the parent or guardian to sign additional forms consistent with the planned activities of the Youth Program before the Youth Participant is allowed to participate. Such forms may include, but are not limited to, University Residence Hall forms, transportation forms, drop off/pick up intake and release forms, process waivers or specific consent forms, and Youth Participant Code of Conduct forms. The Program Operator shall be responsible for ensuring that all of the Youth Program required forms are completed by the Youth Participant prior to the beginning of the Youth Program.
c) A Youth Program Code of Conduct Form must be signed by each youth participant and guardian.
Criminal Background Checks
All Program Operators and Designated Individuals must undergo a criminal conviction and sex offender background check within one year (365 days) of operating the Youth Program. No Program Operators and Designated Individuals may participate in a Youth Program or Youth Activity if the background check includes a conviction or deferred adjudication for those offenses listed in Title 25 of the Texas Administrative Code, Rule §265.12(g).
Insurance Coverage
Youth Programs that are sponsored by a TTUHSC school, unit, department or student organization may be covered by existing insurance coverage. The Program Operator shall contact the Office of Risk Management to verify appropriate coverage and submit email verification of insurance coverage to the Program Director. Insurance coverage requirements are outlined in HSC OP 52.19 ATTACHMENT C.
Compliance with State Law
Program Operators must complete and submit the Campus Program for Minors Information Form to the Texas Department of State Health Services within five days of the start of the Youth Program in order to verify that child molestation awareness training and examination has been completed. Email verification of receipt from DSHS must then be forwarded to the Program Director.
Reporting Requirements
All Program Operators and Designated Individuals must be diligent in reporting suspected child abuse and neglect. Reporting requirement methods shall be posted wherever Youth Programs are taking place.
Under Texas law, if an individual believes a child is being abused or neglected, the individual is required to report it to the Department of Family and Protective Services (DFPS). Youth Program Operators are required to file a report with the Texas Department of Family and Protective Services by calling 1-800-252-5400 or by using the Texas Abuse Hotline online reporting system once they are made aware of abuse or neglect.
Records Retention
The Youth Program Director shall ensure that all required forms under this policy are maintained according to TTUHSC’s record retention policy.
RELATED STATUTES
Health and Safety Code, Chapter 141 Texas Education Code, Section 51.976
Texas Education Code, Sections 22.0831-22.0837 Texas Education Code, Section 38.0041
Texas Administrative Code, Section 265.403 Texas Administrative Code, Section 265.12
Texas Family Code, Sections 26.001-261.410 Jean Cleary Campus Safety Act
TTUS Regulation 07.14
Applications and Forms - Campus Program for Minors | Texas DSHS
Attachment A - Supervision & Prohibited Conduct Acknowledgement Form
Attachment B - Youth Participant Program Agreement
Attachment C - Insurance Coverage Requirements for Youth Programs