Procedures and Guidelines for the Protection of Minors

Every University Sponsored Program and Third-Party program involving minors must operate in accordance with the policy, procedures and guidelines, in the following areas:

Mandatory Reporting of Suspected Abuse and Neglect of Minors
Criminal History Background Checks & Self-Disclosure Reporting
Conduct Expectations
Training
Supervision and Facilities
Vehicles and Transportation
Medical History and Immunizations, Medication Administration and First Aid
Emergency Response and Notification
Record Keeping, Retention and Destruction
Insurance and Indemnification
Related Laws and Policies

The University reserves the right to require proof of compliance with any/all of these requirements.

1. Mandatory Reporting of Suspected Child Abuse and Neglect

Policy Statement

Pursuant to N.J.S.A. 9:6-8.10, all persons are required by law to report suspected child abuse* or neglect**. Anyone who suspects that a minor has been subjected to physical, emotional or sexual abuse, abandonment, cruelty or neglect must immediately notify the Montclair State University Police Department (“MSUPD”) at 973-655-5222. Any person who has reasonable cause to believe that a minor has been subject to abuse or neglect is required by state law to report it to the New Jersey Department of Children and Families’ hotline by calling 1-877-NJABUSE (1-877-652-2873). Montclair State University will not retaliate against anyone who reports a reasonable belief that a minor has been subject to abuse or neglect.

Procedures and Guidelines

New Jersey law defines abuse and neglect as:

Abuse is the physical, sexual or emotional harm or risk of harm to a child under the age of 18 caused by a parent or other person who acts as a caregiver for the child.
Neglect occurs when a parent or caregiver fails to provide proper supervision for a child or willfully fails to provide adequate food, clothing, shelter, education or medical care.

Any reports made to the MSUPD will be reported by MSUPD to the State hotline and coordinated with other legal authorities.

If the suspected abuse concerns a Montclair State University employee, the Vice President for Human Resources must also be notified, at 973-655-4227. The Vice President for Human Resources should also refer the matter to the University’s Title IX Coordinator for investigation.

If the suspected abuse concerns a Montclair State University student, the Dean of Students must also be notified, at 973-655-7548. The Dean of Students should also refer the report to the Deputy Title IX Coordinator for investigation.

2. Criminal History Background Checks & Self-Disclosure Reporting

Policy Statement

Background Investigation and self-disclosure forms are required for all individuals who will have direct contact with minors including University employees and students, temporary workers, and volunteers. Background Investigations must be completed before any contact with a minor may commence, and must be repeated every 5 years. Third Party Entities must also perform background investigations upon individuals before having contact with minors, and verify such individuals are not subject to a background check report containing adverse information. If the Third-Party Entity’s background investigation indicates a record of sexually based offenses, crimes against minors, child abuse or any other adverse information, the Third-Party Entity shall exclude such individuals from participation in the program immediately, and report the information to University Police. The Third-Party Entity shall retain background check reports in accordance with all applicable laws.

Procedures and Guidelines

Human Resources is responsible for administering background investigations for all individuals associated with University Sponsored Programs (including permanent and temporary employees, adjuncts, volunteers, and students) in compliance with applicable laws, University policy and applicable collective bargaining agreements. Background checks should not be viewed by or shared with others. Background check reports will be reviewed under the auspices of and at the direction of Human Resources alone. Any Sponsoring Unit that receives the results of a background check report shall not open or review the results and must immediately forward the report to Human Resources.

If the Sponsoring Unit’s background investigation reveals any adverse information other than sexually based offenses, child abuse or crimes against minors, Human Resources will notify the head of the Sponsoring Unit, Risk Management, University Police, and University Counsel to determine whether participation in the program by that individual is permissible, and in compliance with relevant federal and state statutes and regulations.

As required on the University’s self-disclosure form, if an individual participating in a University Sponsored program who has direct contact with a minor is charged with a sexually based offense or crime against a minor after they have commenced participation in the program, they shall be required to disclose this information in writing to Human Resources immediately upon being charged. Upon notification, Human Resources shall contact the Director of the program to restrict the individual from further participation in the program, unless otherwise notified by Human Resources. The University will assess the circumstances surrounding the charge, timeframe, nature, gravity and relevancy within the context of the job duties. The individual’s failure to notify Human Resources of a sexually based offense or crime against a minor under this section shall disqualify the individual from further participation in any University Sponsored Program.

3. Expectations for Conduct with Minors

Policy Statement

Sponsoring units and Third-Party Entities must provide to staff, participants and parents/legal guardians, the University’s expectations regarding conduct with minors.

Individuals who have direct contact with minors, and minors themselves, may not engage in the following conduct:

Intoxication, use or possession of alcohol, marijuana (whether medicinal or recreational), synthetic marijuana, illegal drugs, tobacco or vaping products
Use or possession of fireworks, guns, knives and other weapons
Allowing, encouraging or performing any action that can reasonably be considered as abusive toward, or in the presence of a minor, including but not limited to verbal, emotional, physical or sexual abuse, harassment, bullying, cyber bullying, striking, hitting, poking, punching, spanking, restraining, and/or corporal punishment
Touching of an inappropriate nature, engaging in rough, or sexually provocative games, horseplay, showering, massage, undressing, profanity, using or responding to sexual innuendo, and making sexually suggestive comments, engaging in romantic or sexual conversations or related matters, unless required in the role of psychological counselor or medical provider
Asking minors to keep secrets from their parent, legal guardian or other adults, or using language such as “this is just between us”
One-on-one direct electronic contact with participants
Use of phones, cameras, imaging and audio recording devices in showers, restrooms, lockers, dressing rooms, sleeping quarters and other areas where privacy is reasonably expected
Viewing, sharing, providing or assisting to provide access to sexually explicit material
Giving gifts to and accepting gifts from any minor or their families
Meeting with minors outside of established times or locations for program activities
Neglecting the health or welfare of a child

Procedures and Guidelines

Photographs, video, digital recording, and any other means of recording a minor in any manner may only take place if the minor’s parent or legal guardian has provided written permission in advance.

If this policy is alleged to have been violated, the Sponsoring Unit or Third-Party Entity must remove the individual in violation from further participation in the program, and may terminate the program. If the individual is a University employee, the violation must be reported to the Vice President for Human Resources. If the individual is a University volunteer, the violation must be reported to University Police for further investigation. If the individual is a University student, the violation must be reported to the Dean of Students. Complaints alleging sexual assault or sexual harassment may also be reported to the University Title IX Coordinator in accordance with the University’s Title IX Sexual Harassment/Sexual Assault Policy and Procedures.

4. Training

Policy Statement

Prior to the first day of a program, individuals serving in Trained Adult and Trained Assistant roles must successfully complete required training and receive written guidelines/instructions regarding measures to prevent abuse of minors and duty to report suspected child abuse and neglect; measures to maintain adequate supervision and prevent injury; measures to address medical needs, medication administration, immunizations and communicable diseases; and measures to address emergency situations involving minors

Procedures and Guidelines

Prior to the start of a program, Sponsoring Units and Third-Party Entities are expected to provide training for program staff (Trained Adults and Assistants) regarding the University’s conduct expectations when interacting with Minors, incident response protocols and duties in the event of an emergency, and minor protection rules and procedures as identified in this policy. Sponsoring units and Third-Party Entities must provide to staff, participants and parents/legal guardians, the University’s conduct expectations as outlined in this Policy. Training must be repeated on an annual basis.

Prior to the start of the program, individuals who act as Medication Administrators must successfully complete training in CPR or First Aid Certifications from one of the following: American Red Cross, American Heart Association, National Safety Council, Emergency Care and Safety Institute, or American Safety and Health Institute. Recognized Lifeguarding Certifications includes American Red Cross, Starfish Aquatics Institute, Boy Scouts of America, National Pool and Watermark Lifeguard Training, Young Men’s Christian Association (YMCA), National Aquatics Safety Company (NASCO), and International Life Saving Federation (ILSA). The University’s Occupational Health Office is available to provide first aid certification training to University employees to act as medication administrators. Montclair State University student Emergency Medical Technicians may provide this training to students who wish to serve as medication administrators.

5. Supervision and Facilities

Policy Statement

Sponsoring Units must adopt and implement rules for proper supervision of minors by two or more trained staff in accordance with minimum staffing and supervision guidelines contained in procedures and guidelines, from time of arrival to departure. One-on-One Contact with minors is prohibited unless it is integral and essential to the methodology of the program (e.g. a private music lesson or individual psychotherapy counseling session) and with additional reasonable and appropriate measures for transparency and minor protection. Bathroom facilities must be provided for programs that operate for 4 hours or more. Supervision rules must include plans to address usage in specific types of facilities, illness and medication administration, and weather conditions. Hydration and adequate weather protection measures must be readily available and accessible at all times.

Procedures and Guidelines

Minimum Staffing
The University requires Sponsoring Units and Third Party Entities to provide Trained Adults, Trained Assistants and Medication Administrators, as defined by the Policy in accordance with the following minimum staffing guidelines:

Unless the Institutional Review Board has approved a specific research condition permitting a research activity with two (2) Trained Assistants when a Trained Adult is not present, minors must be supervised by at least two or more Authorized Adults aged 18 or older, at all times. See page 9 for supervision requirements during residential stays.
To the greatest extent possible, all interactions with minors should occur in a public environment with two Authorized Adults present. Sufficient staffing must be provided to monitor and prevent situations in which actions can be misconstrued or provide opportunity to manipulate a minor (e.g. being alone with the last child to leave a class).
When a Medication Administrator is required (overnight programs, programs involving more than minimal recreational activities, and programs involving minors with disabilities that have requested reasonable accommodations), the administrator must be identified prior to the first day of the program, and must be available on site at all times during the program.

Unless laws applicable to the Sponsoring Unit or program require greater staffing ratios, Sponsoring Units and Third Party Entities must provide staff at the following minimal ratios identified by the American Camp Association standards:

	Residential Programs	Day Time Programs	In Vehicles
Ages 4-5	1 staff/5 participants	1 staff/6 participants	1 staff/7 participants
Ages 6-8	1 staff/6 participants	1 staff/8 participants	1 staff/10 participants
Ages 9-14	1 staff/10 participants	1 staff/10 participants	1 staff/10 participants
Ages 15-17	1 staff/10 participants	1 staff/12 participants	1 staff/12 participants

Supervision Standards
Minors are prohibited from access to restricted areas in University facilities, such as storage rooms, closets, kitchens, and private offices.
1. Arrival, Departure, Check-In and Check-Out.
  Minor participants must be supervised from arrival to departure, and shall only enter and exit from the curbside of a bus or vehicle.Arrival and departure from the University’s campus must be coordinated with and approved by University Police at least two weeks prior to the start of a program. The Sponsoring Unit is responsible for paying any costs associated with traffic management as determined by University Police.
  
  The Sponsoring Unit or Third-Party Entity must provide clear written instructions to parents and staff regarding daily drop off, pick up, program check in and program check out, which must include, at a minimum, locations for drop off, pick up, and program check-in and out, times for arrival and departure, and staffing, supervision and traffic control at drop off and pick up locations.
  
  Minors are not permitted to leave a program prior to its conclusion. Express written parental permission is required for a minor to depart campus unaccompanied at the end of a program. Only the parent, legal guardian, or other person whom the parent or legal guardian has designated in writing, may pick up or drop off a minor.
2. Locker Rooms, Dressing Rooms and Bathrooms
  The Sponsoring Unit or Third-Party Entity shall provide bathroom facilities for programs that operate for 4 hours or more. The Sponsoring Unit shall be responsible for paying the cost of temporary bathroom facilities, and any other third-party costs incurred by the University to ensure safe use of University facilities for the program. The Third-Party Entity shall pay a fee to the University for use of its facilities that includes the cost of such maintenance, and shall be responsible for all other costs for delivery of the program.It is prohibited for adults and minors to use bathrooms, showers, locker rooms, changing rooms and similar facilities at the same time. The Sponsoring Unit and Third-Party Entity are responsible for scheduling the use of such facilities to ensure that they are not used by adults and minors at the same time, and to separate minors by gender and, to the extent possible, by age. Prior to entering a multiple stall restroom or locker room facility that is open to the general public, a Trained Adult or Trained Assistant must determine it is vacant before entering with minors. A Trained Adult or Trained Assistant must wait outside the restroom door, and/or to adhere a temporary sign to the exterior restroom door indicating the space is currently in use by minors, and direct adults to proceed to another restroom or to wait until the minor exits before entering.
  
  A Trained Adult and at least one Trained Assistant will supervise minors while using locker rooms, dressing rooms and bathroom facilities. When minors are using enclosed stall changing rooms or locker room facilities, a minimum of two Trained Assistants shall be stationed in a main corridor of the bathroom facility, while minors change clothes in a wing or stall.
  
  Trained Adults and Trained Staff are prohibited from entering individual bathroom or shower stalls with minors and assisting minors with bathroom use, and are prohibited from assisting minors with changing clothes in locker room wings. Should a minor require any assistance while in a bathroom or shower stall or while changing clothes in a locker room, the Trained Assistant will notify the Trained Adult who will notify the minor’s parent or legal guardian. If the minor’s parent or legal guardian is unavailable to assist the minor, the Trained Assistant may assist the minor under the supervision of the Trained Adult or another Trained Assistant.
3. Outside/Weather
  The Sponsoring Unit and Third-Party Entity are responsible for identifying a fully enclosed shelter in advance, training staff on response protocols, and throughout the duration of the program, monitoring weather conditions, mitigating exposure to minors, determining when postponement or cancellation of outdoor activities due to weather is necessary. Weather postponements and cancellations will be made in accordance with the protocols of the National Athletic Trainers’ Association (NATA). University police may also issue advisories over the University’s public address system in the event of severe weather requiring individuals to take shelter.
  1. Heat – Authorized Adults must be trained to recognize the signs and symptoms of heat-related illnesses and how to treat them. Programs that occur out-of-doors in warm weather must provide ample water for all participants on site, and must provide regular breaks for participants to hydrate. Lightweight, loose fitting clothing, and use of sunscreen by participants should be strongly encouraged. In extreme heat events or heat waves (when the temperature reaches extremely high levels or when the combination of heat and humidity causes the air to become oppressive) programs must modify activities to mitigate heat exposure to the extent possible. Modifications may include:
    - Moving activities into air-conditioned facilities during the hottest hours of the day
    - Avoiding unnecessary strenuous exercise and physical activities outdoors
    - Providing shady areas so that your body has a chance to recover.
    - Limiting outdoor activity to when it’s coolest, during early morning and evening hours
    - Postponing or cancelling the program.
  2. Lightning – When thunderstorms are producing lightning and approaching the immediate location, and when the distance between the edge of the lightning storm and the location of the outdoor activity reaches 6 miles, activities should be suspended until 30 minutes after the last strike of lightning is seen and after the last sound of thunder is heard. This 30 minute clock restarts for each lightning flash and each time thunder is heard.
4. Water Areas & Swimming Pools
  Programs may occur at swimming areas or pool facilities owned by the University. Programs may not occur at swimming areas or pool facilities that are not owned by or operated by the University. If a program uses a swimming pool, lake or beach area, the Sponsoring Unit must provide a lifeguard who is at least 16 years of age, and a lifeguard supervisor who is at least 18 years of age, to attend and supervise each non-instructional swimming program in accordance with these ratios:
  - One lifeguard and lifeguard supervisor when there are 30 or fewer minors in the water during non-instructional swimming.
  - One lifeguard and 2 Trained Assistants when there are 30 or fewer minors in the water during instructional swimming.
  - One additional lifeguard for every additional 30 minors or fraction thereof in the water.
  - One lifeguard and 2 Trained Assistants shall be provided for every 20 or fewer minors in the water, if the swimming area has a maximum depth of 36 inches and a maximum swimming area of 500 feet. For every additional 20 minors or a fraction thereof, in such a body of water, one additional lifeguard will be provided.
  The Sponsoring Unit must also confirm that the individual assigned to act as lifeguard possesses a lifeguard supervisor certification by an agency approved and recognized by the State of New Jersey Department of Health. The Sponsoring Unit may accept the recognized certifications listed in Procedure 17 (NJ Youth Camp Safety Standards N.J.A.C. 8:25-9.2) or other applicable laws. The lifeguard certification shall be appropriate to the level of training and supervision necessary for his/her position.
  
  The Sponsoring Unit must also designate areas for non-swimmers, beginners and swimmers, as appropriate. The Sponsoring Unit through its lifeguard and Trained Adults, must assess the swimming ability of each minor and classify each minor as a non-swimmer, beginner or swimmer, or classify all minors as non-swimmers. The Sponsoring Unit shall ensure that minors are confined to swimming areas commensurate with the limits of their swimming ability or in swimming areas which require lesser skills for which they have been classified. In order to classify a minor as a swimmer, the minor must be able to: 1) jump feet first into water which is over his/her head and come to the surface; 2) swim a distance of 25 feet and change direction using different strokes; and 3) swim another distance of 25 feet, stop and float or tread water for 1 minute.
  
  The Sponsoring Unit must establish and implement a system for tracking swimmers (buddy, colored cap, combination thereof). The lifeguard and Trained Assistants shall conduct minor checks at least every 10 minutes during swimming periods. The Sponsoring Unit must develop and institute a written lost swimmer plan, which includes, at a minimum: 1) all responsibilities and duties in the event of an emergency; and 2) the requirement that a lost swimmer drill be held and documented at least once every 2 weeks.
5. Residence Hall Rooms & Sleeping Quarters
  When overnight accommodations are part of the program, the Sponsoring Unit or Third Party must adopt and implement rules and regulations for proper supervision of minors in housing, including:
  - Assign at least two Trained Adults to be present within the housing unit and accessible at all times.
  - Ensure that sleeping accommodations for adults are separated from sleeping accommodations provided to minors, unless the adult is the minor’s parent(s) or legal guardian(s).
  - Ensure that male and female minors are not assigned to the same room unless they share the same parent or legal guardian who will accompany them.
  - Provide keys to a room assigned to a minor only to University employees whose job description requires they perform the duty of University Police, Residence Life, and Facilities management. Trained Adults, Trained Assistants, and Authorized Adults shall not be provided keys or key card access to rooms occupied by minors.
  - Refuse to permit a person to enter the sleeping quarters of a minor except in the event of an emergency.
  - In the event a maintenance or repair must be made within a sleeping or bathing area occupied by a minor, ensure the repair occurs when the minor is not present, or if the minor is present, to occur under the supervision of a Trained Assistant.
  - Provide the name of each minor, written signed permission provided by each minor’s parent or legal guardian that will reside in University Housing, the name and contact information for the minor’s parent or legal guardian in the event of an emergency, and a release of liability to the University signed by the parent or legal guardian of the minor.
  - Identify an age-appropriate curfew time for the minors.
  - Trained Adult(s) and Trained Assistant(s) from the Sponsoring Unit or Third-Party Entity must conduct door-to-door room checks/head counts in pairs, prior to lights out and curfew time and again in the morning before departing from the Residence Hall.
  - Take action to prohibit visitation by Minors, Trained Adults and Trained Assistants within rooms assigned to minors. Visitation may occur in other building areas open the public (e.g. lobbies and/or floor lounges) during approved hours specified by the Trained Adult.
  - Require program staff (Trained Adults or Assistants) to instruct minors on emergency exit procedures prior to accessing rooms.
  - Comply with all security measures as directed by Residence Life and University Police.
6. Restricted Access Areas
  Minors shall not be permitted to access certain areas or use certain equipment, including but not limited to the following:
  - Closets and equipment rooms, including Recreation Center fitness equipment and Panzer equipment rooms, which are to remain locked when minors are in attendance.
  - Residence hall kitchens, which are to be locked when minors are in residence.
  - Conference Center and dining area kitchens, which are to be locked when unoccupied.
  - Computer labs, except when such use is integral to the learning outcomes of the program, and under the supervision and usage policies prescribed by the Division of Information Technology.
  - Private offices, examination rooms, rehearsal rooms, and other closed door or private spaces, may only be utilized by minors with advanced notification to the head of the Sponsoring Unit responsible for the facility being used. Additional measures to ensure safety and visual transparency, should be reviewed and implemented as appropriate. Visual transparency measures may include:
    - installing two-way glass or glass panels in or around doors
    - ensuring that glass in doors and windows are not covered
    - keeping doors open
    - installing video cameras or panic buttons
    - providing seating for the minor’s parent or legal guardian in close proximity
      other remedies as appropriate
7. Laboratories
  No minor shall be present in a laboratory during any activity with the potential for exposure to hazardous materials. Children under the age of 13 are permitted in University research laboratories only as participants (subjects of study) in an approved research study; children under the age of 13 are not permitted in University research laboratories for any other reason, due to the risk presented to a child’s developing immune/neurological systems and a child’s general inability to recognize hazards.Youth between the ages of 13 and 17 may enter laboratories as part of officially sanctioned, educational programs approved in writing in advance by the Unit Head responsible for oversight of the laboratory and when under the direct supervision of a University employee who is trained and knowledgeable of the area’s hazards. They may participate in and perform routine education-related duties and may handle lower risk chemicals and biological materials in limited circumstances, with proper safety equipment as necessary, at the discretion of the principal investigator. Minors may not directly handle radioactive materials, materials at biosafety level 2 or higher (including rDNA, human blood, tissues or cell cultures, or pathogens) or research animals.
  
  Prior to allowing minor visitors to tour or observe in a lab, the supervising employee must conduct a basic safety orientation with participants, including both general safety information and any hazards particular to the lab in question.
  Before a minor may participate in educational activities in a research laboratory:
  - the minor must be sponsored by a faculty member
  - the minor must complete training with the PI and the PI must document the training
  - the PI must obtain the following signed agreements and maintain them so that they are readily accessible during an emergency: a) Emergency Medical Contact, Health History and Medical Treatment Authorization; b) Parent Acknowledgement of Risk, Release of Liability and Consent to Photograph/Record Form; c) permission to participate in research activity.

6. Vehicles and Transportation

Policy Statement

Minors may be transported by University Police and Emergency Medical Services, or in a University owned vehicle, operated by a University employee, or in a vehicle operated by a Third Party Entity subject to compliance with insurance and licensing requirements, safety standards, written permission from a parent or legal guardian, and proper record keeping. Minor participants may not be transported in vehicles owned by University program staff, and may not operate or park motor vehicles on campus.

Procedures and Guidelines

Passenger Safety
Participants must be secured in the restraint system, which must meet Federal motor vehicle safety standards, when the vehicle is in motion.
1. All passengers shall be seated and remain seated whenever the bus or vehicle is in motion.
2. Participants shall never be left unattended in a bus or vehicle.
3. The driver shall not transport more persons than specified by the manufacturer of the vehicle.
4. The driver shall check the vehicle after each run is complete to ensure that no participants remain in the vehicle.
5. The Sponsoring Unit or Third-Party Entity must perform emergency evacuation drills for Type I and Type II school buses at least one during each session or at least once every four weeks, whichever is more frequent. A file documenting emergency evacuation drills for all passengers who ride Type I or II school buses must be maintained and include the date, number of passengers, time taken to evacuate the bus, and signature of the person completing the drill.
Drivers
Drivers must possess a valid Commercial Driver’s License with a “P” or “S” endorsement.
Records
The Sponsoring Unit or Third-Party Entity must maintain a record of transportation routes, names of participants being transported, name and address of the driver and copy of the driver’s valid driver’s license, or name and address of the contractor providing transportation services.

7. Health Requirements and Medical Care

Policy Statement

Sponsoring Units must collect and retain participant immunization attestation, health history records, authorization for emergency medical treatment, and release of medical information; properly store and deliver medication, first aid, and medical treatment; and designate a trained medication administrator when overnight stay, high risk physical activity, or more than minimal recreational activities is involved, or when the participant or their parent cannot self-administer required medications. The University Health Center does not provide medical care to minors who are not enrolled as Montclair State University students.

Procedures and Guidelines

Sponsoring Units and Third-Party Entities must ensure that its programs comply with the obligations in this section related to delivery of medication, first aid and emergency care under any of these circumstances:

when the same participant attends a program for more than one day, whether sequential or not including all overnight programs;
when the same participant attends a program of any duration where more than minimal physical activity is involved;
when a participant or their parent/legal guardian has requested reasonable accommodations

Emergency Medical Contact, Health History and Medical Treatment Authorization
Prior to the commencement of the program, the Sponsoring Unit or Third Party Entity must secure the minor’s health history identifying allergies, physical and mental conditions and written consent from the parent or legal guardian for emergency medical treatment. Trained Adult(s) are required to carry such consent forms for each minor with them. Program volunteers and staff who are not employed by the University, should also complete these forms.
Immunizations and Communicable Diseases
The Sponsoring Unit or Third Party Entity shall require the legal guardian of each minor to attest to the participant’s immunization for vaccinations, as required for a child-care center, preschool or K-12 school attendance, as applicable to the minor’s age, according to the immunization requirements set forth in the New Jersey Regulation, Immunization of Pupils in School. Such documentation must be maintained on file in accordance with this Policy.
1. Exceptions are permitted when a parent or legal guardian provides either: 1) a physician statement indicating that immunizations are in progress or medically contraindicated, or 2) the parents or legal guardian objects to immunization on religious grounds. Medical contraindication and religious exemptions for immunization must be requested in writing. If the written statement contains the word “religion” or “religious” or some reference thereto, then the statement should be accepted, and the religious exemption of mandatory immunization(s) granted.
2. Minors who have claimed an exemption to vaccination may be excluded from participation during a vaccine preventable disease outbreak, or threatened outbreak, as determined by the Commissioner of the Department of Health.
3. The medication administrator will take reasonable measures to isolate any participant or staff member suspected of having a communicable disease, until medical assistance is obtained.
Medication Administration
Sponsoring Units and Third-Party Entities that provide overnight programs, recreational programs and programs that involve minors with a disability who have requested reasonable accommodations, must provide a medication administrator. All other specified Programs as identified in Appendix B are strongly encouraged to designate a medication administrator; programs that do not have a medication administrator must advise the parents or legal guardian of each minor in writing prior to enrollment, and obtain a signed acknowledgment from the parent or legal guardian prior to the minor’s enrollment.
1. Medication Administrator Responsibilities
  The medication administrator is responsible for the following:
  1. Ensure the minor’s parent or legal guardian has provided the minor’s medicine in its original container or prescription container and in accordance with the manufacturer’s instructions.
  2. Stored medication in a secure, locked location that complies with the medication’s specific storage guidelines and is inaccessible to minors. Medications for internal use are to be kept separate from medications for external/topical use. Note: medications that require refrigeration should be kept in a separate locked box in the refrigerator, in a locked refrigerator, or in a refrigerator in a locked medication room. The refrigerator must have a working thermometer.
  3. Maintain a fully-stocked first aid kit at the program location.
  4. Dispense medicine prescribed to one minor to that minor.
  5. Meet with the minor and trained adult/assistant at the appropriate time to observe the minor self-administer in accordance with the dose as shown on the container. If the minor cannot self-administer the medication, the medical administrator may administer the medication in the presence of the trained adult/assistant.
  6. Return unused medication to the minor’s parent or legal guardian within 3 working days after the minor’s last day, or destroy any remaining medication that cannot be returned.
  7. Inform the prescribing physician or, if no prescribing physician, the parent or legal guardian of the minor, of any medication error or adverse drug reaction.
  8. Record in the minor’s file:
    - the minor’s name and parental authorization,
    - the name of the medication administered,
    - the condition for which the medication was used and any cautionary information, the instructions for administration including dosage and frequency of administration,
    - the date time and name of the person administering the medication to the minor, any medication error, adverse drug reaction, and whether any adverse reactions were reported.
2. Administration of Medicine, Epi Pens, Illness and First Aid
  1. Medications required by a minor may be self-administered, when age appropriate, or may be administered by the parent/legal guardian or by a trained, medication administrator identified by the Sponsoring Unit or Third-Party Entity. Personal inhalers and epi pens may be carried and self-administered by the minor during activities by written request of the parent/legal guardian.
  2. All programs are strongly encouraged to designate a medication administrator. Sponsoring Units and Third Party Entities that provide overnight programs, recreational programs and any program for which a participant or their parent has requested reasonable accommodations, must provide a medication administrator (see Appendix B).
  3. The Sponsoring Unit or Third-Party Entity must provide a means for minors to lie down when sick or ill, and ensure that liquid supplements are available onsite for minors.
  4. The Sponsoring Unit and Third Party Entity must provide a first aid kit to be available at the program’s site and readily accessible.
Treatment of Injuries
For programs taking place on campus, Montclair State Emergency Medical Services (EMS) will be the first responder to calls for emergency medical care. MSU’s EMS equipment and first aid supplies are not available for loan. Medical care, appropriate for the nature of the events, expected attendance and other variables, will be determined by Montclair State University EMS and University Police. Montclair State University EMS shall maintain a medical log, listing the date, name of minor, ailment, treatment and the name of the person who administered treatment, and will follow established protocols for notification to parent/legal guardian.If a minor sustains a serious injury or illness, after first calling police, any person who has received appropriate first aid training and certification may provide first aid until help arrives. The victim may not be moved unless they are in imminent danger.

8. Emergency Response and Notifications

Policy Statement

Sponsoring Units must establish protocols for parental notification in case of emergency, medical or behavioral problems, natural disasters or other significant program disruptions and ensure that the phone number to University Police or local police is posted in a prominent place. For off-campus programs, prior to the start of the program the Sponsoring Unit shall identify a medical provider and nearest hospital, and confirm access to medical care. In the event of a serious incident, the Sponsoring Unit shall immediately request emergency response, follow established program protocols, and take reasonable actions to ensure the safety of all minor participants. If a minor sustains a serious injury or illness off-campus, the Sponsoring Unit shall report the incident to University Police and the University Risk Manager as soon as possible.

Procedures and Guidelines

Emergency Response
The University maintains a written Emergency Operations Plan that addresses the evacuation of the campus, fires, natural disasters, serious accidents, illness or injury and lost persons. The Montclair State University Chief of Police and Director of Emergency Planning are the designated responsible officials to coordinate, implement and supervise emergency operations. For emergency incidents affecting the University’s campus, the Chief of Police and Director of Emergency Planning will follow the protocols outlined in the Montclair State University Emergency Operations Plan to analyze the situation and to activate an appropriate response.
1. The phone number to University or local police and/or emergency responders must be posted in a prominent place within the area of the program prior to the start of the program.
2. In case of an emergency during a minor program on campus, the Trained Adult should immediately call University Police at 973-655-5222. Calls to 973-655-5222 will dispatch police assistance and EMS by the University Police Department. If the incident has taken place off-campus, the Trained Adult should immediately call police by dialing 911. Calls placed to 911 will be dispatched from local law enforcement units.
3. The Trained Adult should report the location, and nature and extent of the emergency, and should deploy Trained Assistants to physically/visibly direct first responders to the location if possible.
4. In the event that an emergency situation requires a University facility to be evacuated, instructions will be relayed via the University’s public address system, on the University’s website, and via RAVE text messaging. University Police and Unit Heads are responsible for contacting and directing external sponsor groups who are present on campus at the time.
5. For recurring and overnight Programs, the Trained Adult shall conduct fire and emergency weather drills at least once during the program or every 2 weeks, whichever is more frequent.
1. Missing Child
  In the event that a child is reported missing, the following procedures must be followed:
  1. Immediately after it has become known that a minor is missing from on-campus, call University Police (973-655-5222) or from off-campus call local police (911). A report that a child is missing should include a detailed physical description of the child such as name, age, hair color, eye color, approx. weight and height, what the child is wearing (color of shirt, jacket, pants, etc., type of shoes, etc.) and last known location in which the child was seen.
  2. Trained Adults and Trained Assistants must immediately close all available exits that permit departures from and entrances to the immediate area, and begin searching for the missing minor.
  3. The Trained Adult will locate those individuals who had last contact with the child so that they can provide current information.
  4. The Trained Adult will make an announcement to the group to attempt to locate the minor. For example: “May we have your attention please: A child has been reported missing. The child’s name is . He/she is years old and is wearing . (Brief description of clothes, hair, etc.) If you have seen this child/person or have any information that would be helpful, please report to staff or University Police to provide information.”
  5. If the Trained Adult or Trained Assistants encounters a person other than a parent or guardian with the missing minor, he/she should delay the exit of the individual and child without placing anyone at risk. If delay is not possible, the Trained Adult or Trained Assistants should immediately record a full description of the person, including the make, model and license number of any vehicle and the direction in which they were traveling, and provide this information immediately to University Police.
  6. When a minor is located, the Trained Adult should inform all persons (and University Police) as needed.
  7. The Trained Adult shall conduct a drill once during the program or every 2 weeks, whichever is more frequent, implementing the procedures to identify and report a lost minor, and document the date and time of the drill.
Notifications
1. A written protocol for parental notification in the event of a weather closure, injury, incident or emergency must be articulated in writing, prior to the first day of the program, and a copy of the written protocol must be provided to parents/legal guardians at the start of the program.
2. Parent or legal guardian emergency contact information must be collected prior to the start of the program and must be readily available to staff at all times.
3. Guests of the University including external sponsors, minor youth participants and parents/legal guardians, may sign up for RAVE emergency text notifications from the University.
4. University police may also issue advisories over the University’s public address system, as well as via the University’s website and RAVE emergency text notifications.
5. In the event of a serious illness or injury of a minor youth, the Trained Adult representing the Sponsoring Unit or Third Party Entity shall report the incident to the parent or legal guardian, and also to their immediate supervisor, and the University Risk Manager (973-655-5105) as soon as possible. Supervisors must escalate this notification up the chain of command to the Vice President/Executive Council level.

9. Record Keeping, Retention and Destruction

Policy Statement

Sponsoring Units must identify all individuals in direct contact with minors, track compliance with background check and training requirements and notify University Police and Emergency Medical Service of the presence of minor youth on and off campus. The Sponsoring Unit or unit contracting with a Third Party Entity shall collect and maintain on file all participant records required by this policy for the period of time identified in the State of New Jersey’s Record Retention Schedule applicable to Four Year Colleges and Universities, or until the minor participants of the program attain the age of 23 years, whichever is longer. Records may not be destroyed until after a request is submitted to and approved by the State of New Jersey through Artemis.

Procedures and Guidelines

The University requires certain documents to be completed and collected prior to participation in a University Sponsored Program or Third-Party Entity program under any of these circumstances:

when the same participant attends a program for more than one day, whether sequential or not including all overnight programs;
when the same participant attends a program of any duration where more than minimal physical activity is involved;
when a participant or their parent/legal guardian has requested reasonable accommodations

Program Registry
All minor youth programs meeting the criteria outlined above must complete a program registration using the University’s chosen program registry/database, prior to the start of the program. The program registry database will identify individuals in direct contact with minors for each program. Sponsoring units will upload background check results, disclosure forms, training certificates and participant forms into the program registry database. The program registry will serve as notification of the presence of minor youth of campus to University Police, Emergency Medical Services and other stakeholders.
Required Forms
The Sponsoring Unit for all minor youth programs meeting the criteria outlined above must collect and maintain the following forms:
1. Participant Forms (to be completed and signed by parent or legal guardian):
  - Parent Acknowledgement of Risk, Release of Liability and Consent to Photograph/Record
  - Emergency Medical Contact, Health History, Immunization Attestation and Medical Treatment Authorization
  - Permission to travel off-campus (if applicable)
  - Permission for overnight stays (if applicable)
  - Permission to participate in research activities (if applicable)
2. Program Staff Forms (employees, volunteers, students):
  - Criminal Background Check Authorization Form
  - Self-Disclosure Form
  - Training Certifications
  - Emergency Medical Contact, Health History, Immunization Attestation and Medical Treatment Authorization
  - Acknowledgement of Risk, Release of Liability and Consent to Photograph/Record
3. Sponsoring Unit/Third Party Entity Program Forms
  - Contract with Third Party Entity for use of University Facilities, including agreement to comply with and incorporate by reference, the Minor Youth Protection policy and procedures (if applicable) and the University’s Standard Terms and Conditions
  - Travel Form capturing record of transportation routes, names of participants being transported, name and address of the driver and copy of the driver’s valid driver’s license, or name and address of the contractor providing transportation services
  - Receipt of Criminal Background Check Results for Individuals
  - Medication Administration Records
  - Incident Reports
Record Retention
All participant and staff records must be maintained for the period of time identified in the State of New Jersey’s Record Retention Schedule applicable to Four Year Colleges and Universities, or until the minor participants of the program attain the age of 23 years, whichever is longer. Records may not be destroyed until after a request is submitted to and approved by the State of New Jersey through Artemis. Individuals who need access to Artemis should contact University Counsel.

10. Insurance and Indemnification

Policy Statement

University Employees
University Sponsored Programs delivered by University employees who are compensated through University payroll, are subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et. seq. and the University’s Indemnification Policy.
University Students and Volunteers
University students and volunteers who fill unpaid positions created by the University and supervised by University employees may be indemnified and defended by the State of New Jersey in accordance with the New Jersey Tort Claims Act.
Third Party Entities
Before using University facilities to provide programs for minors, Third Party Entities must enter into a written agreement with the University for use of University Facilities which includes the MSU Standard Terms and Conditions as well as agreement to comply with the requirements of the Protection of Minor Youth Policy and Procedures. Third Party Entities are not indemnified and defended by the University or the State of New Jersey under the New Jersey Tort Claims Act.

Procedures and Guidelines

Overnight programs must also contract for use of overnight accommodations with the Office of Residence Life.

Sponsoring Units entering into contracts with Third Party Entities for use of University facilities for programs involving minor youth, are required to furnish the Third-Party Entities with a copy of the policy and procedures, to ensure that this policy and procedures is included in the contract terms, to require of the Third Party all documentation as may be mandated, and to ensure the Third Party complies with the terms of this policy throughout the duration of the contract.

11. Related Laws and Policies

Policy Statement

This policy provides for the minimum standard of conduct. All policies at a departmental or unit level that regulate conduct with minors must incorporate by reference this Policy and, may not provide for a standard of conduct below what is provided in this Policy.

If any applicable State or Federal law or regulation or other University Policy imposes additional or greater requirements than this Policy, (e.g. licensed child care facilities, research activities involving minors approved by the Institutional Review Board, student teaching at an elementary school or clinical internship at a hospital or health care facility), the greater obligations in the State or Federal law or regulations or University Policy will apply.

See:
Immunization of Pupils in School New Jersey Regulation
New Jersey Youth Camp Safety Standards N.J.A.C. 8:25
Manual of Requirements for Child Care Centers, State of New Jersey Department of Children and Families
New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et. seq.
Reporting Child Abuse in New Jersey, State of New Jersey Department of Children and Families
State of New Jersey’s Record Retention Schedule
Institutional Review Board Manuals, Guidebooks, and Regulations, Montclair State University

Conference Services, a unit of the division of Student Development and Campus Life, is responsible for administration of the Policy for the Protection of Minors. If you have any questions about that policy or these procedures, please email conference@montclair.edu or call 973-655-3431.