Child Protection Policy

The University at Buffalo (UB, university) is committed to protecting the safety and well-being of children who are on university premises, and/or who participate in university-related programs and activities, both on and off campus, including but not limited to:

• Day care
• Sport camps
• Academic enrichment programs
• Research studies

The participation of children in these activities requires an increased level of care, and an expectation that individuals will conduct themselves appropriately in the presence of children on campus and/or in university-related programs and activities.

Individuals must report instances of inappropriate conduct to the Responsible UB Official under which the activity occurred. Persons who witness, receive a report of, or reasonably believe an instance of child abuse has occurred must immediately report such abuse to University Police and the Office of Equity, Diversity and Inclusion (EDI).

Individuals may report inappropriate conduct or child abuse anonymously. While due process considerations may limit the ability to investigate anonymous reports, the university will take appropriate action to ensure the safety of children in response to an anonymous report.

Retaliatory action against anyone acting in good faith who has reported inappropriate conduct/child abuse in accordance with this policy, or who has been involved in reporting, investigating, or responding to inappropriate conduct or child abuse, is a violation of this policy. Retaliatory acts may include, but are not limited to:

• Employment actions affecting salary, promotion, job duties, work schedules, or work locations
• Actions negatively impacting a student’s academic record or progress
• Any action affecting the campus environment, including harassment and intimidation

Individuals are to report allegations of retaliation under this policy to EDI.

Authorized adult supervision is required for all children participating in a Covered Activity, where the custody, control, and supervision of children is entrusted to the university or a vendor, licensee, or permittee.

Two or more authorized adult supervisors must be present at activities involving children, unless one-on-one contact is warranted by the activity and approved by the Responsible UB Official for the Covered Activity.

Senior university administrators (president, provost, vice presidents, vice provosts, deans, and athletic director) will designate one or more Responsible UB Official(s) for any Covered Activities within that person’s unit or area. The designated Responsible UB Official will effectively address instances of inappropriate conduct, report any suspected child abuse to University Police and EDI immediately, and ensure compliance with this policy for Covered Activities.

University employees, students, volunteers, and visitors must conduct themselves appropriately in the presence of children. Child abuse and inappropriate conduct, including but not limited to the following, is prohibited:

• Engaging in any form of physical (e.g., striking, hitting, shaking, administering corporal punishment) or emotional abuse of a child
• Engaging in sexually inappropriate conduct of any kind toward or in the presence of a child, including but not limited to:
  • Sexual abuse of a child
  • Touching a child in an inappropriate or illegal manner
  • Making pornography or other sexually inappropriate materials in any form available to a child or assisting a child in gaining access to such materials
• Neglecting the duty of care for a child under the adult’s supervision, including but not limited to:
  • Failing to protect children’s health and safety (e.g., exposure to unreasonable risk of injury or extreme weather)
  • Failing to ensure the use of appropriate protective equipment (e.g., in laboratory or athletic participation)
  • Failing to meet children’s basic needs (e.g., food, clothing, shelter, emotional needs)
  • Leaving children consistently unsupervised
  • Using inappropriate language (e.g., curse words or words discriminatory in nature) in the presence of children
• Engaging in the use of alcohol or illegal drugs, or being under the influence of alcohol or illegal drugs during programs or activities for children
• Enabling, facilitating, or failing to appropriately address a child’s use of alcohol or illegal or non-prescribed drugs
• Contacting a child through electronic media, including social media, for the purpose of engaging in any prohibited conduct, including sexual conduct
• Offering or making a gift to a child for the purpose of engaging in any prohibited conduct, including sexual conduct
• Participating in a sleepover under the auspices of the program or activity, unless (1) one of the child's parents or legal guardians is present or (2) one of the child's parents or legal guardians has provided written consent and there is at least one other adult, and the two adults remain in each other's presence at all times
• Engaging in one-on-one contact with a child unless authorized by the Responsible UB Official for the Covered Activity
• Picking up or dropping off children from their homes (except the driver's child or children) before, during, or after the program or activity
• Releasing a child from a Covered Activity without a written authorization from the child’s parent or guardian

The conduct requirements listed above apply to registered university students under the age of seventeen years to the extent that the provisions are reasonable and appropriate when considering the student’s age and student status.

All children participating in a program taking place on university premises are permitted in the general use facilities (e.g., athletic fields, public spaces, libraries, academic buildings, food service areas) but may be restricted from certain areas of the facilities or from utilizing certain equipment.

Children are permitted at events and venues open to the public. However, the university reserves the right to determine whether selected events or venues are appropriate for unescorted or unsupervised children.

UB employees in charge of programs and activities that include children will develop procedures regarding reporting instances of inappropriate conduct and child abuse, consistent with this policy.

Compliance with this policy establishes a framework of reasonable precautions to protect the safety and well-being of children and the reporting obligations should an incident occur.

This policy is consistent with the State University of New York (SUNY) Child Protection Policy and legal obligations pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Title IX of the Education Amendments of 1972, New York State Social Services Law, New York State Education Law, New York State Penal Law, and other applicable laws and regulations protecting the welfare of children.

This policy applies to:

• All employees of the university or university-affiliated organizations (e.g., state, Research Foundation, University at Buffalo Foundation, Campus Dining and Shops, Alumni Association), regardless of the funding source, and individuals and entities with contractual relationships with the university
• All students, with respect to conduct requirements. The reporting requirements of this policy apply to all students who interact with children as part of their work-related duties or academic program, whether on or off university premises
• Visitors, including vendors, licensees, permittees, volunteers, and guests on university premises

Authorized Adult

University personnel assigned to teach or otherwise perform work in a program as part of their official job duties, or a representative of a group that has obtained permission to use campus facilities from a university department or employee authorized to grant such permission.

Child

An individual under the age of seventeen years. For the purposes of this policy a  matriculated UB student or a person accepted for matriculation at UB is not considered a child.

Child Abuse

Serious physical or emotional mistreatment of a child, and/or engaging in sexual activity with a child. Included are one or more physical acts (i.e., punching, beating, shaking, throwing, kicking, biting, burning) which cause serious physical injury to a child; acts likely to result in the emotional trauma of a child; intentionally or recklessly engaging in conduct which creates a substantial risk of such physical or emotional mistreatment; any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing; and conduct toward children that is otherwise prohibited by Article 130, 235, or 263 of the New York Penal Law.  

Children's Camp

A camp defined under New York Public Health Law §1392.

Covered Person

A person who is responsible for the custody, control, or supervision of children participating in the Covered Activity and who is:  (i) an employee of the university or university-affiliated organization; (ii) a university student; (iii) a volunteer of the university or university-affiliated organization; or (iv) a vendor, licensee, permittee, or other person who is given permission to come onto campus or to use university facilities for Covered Activities; or (v) an employee, agent, or volunteer of (iv) above.

Duty of Care

The obligation to take reasonable steps to ensure the safety and well-being of a child under an individual’s supervision.

Facilities Use Agreement

An agreement between the Research Foundation (RF) and a non-UB entity for use of specialized university space/facilities which must include a documented research component and expectations. The agreement may be for a maximum of two years, and revenue must be deposited into an RF account. Language regarding liability insurance may also need to be included. These agreements require approval by Real Estate and Property Management (REPM) and Procurement Services. Procurement Services executes the Facilities Use Agreement and is the office of record.

Inappropriate Conduct

Actions or omissions which do not rise to the level of child abuse, but are otherwise prohibited under this policy (see Conduct Requirements).

Responsible UB Official

UB employees who have been designated by the president, provost, vice president, or dean to ensure compliance with one or more Covered Activities in their respective areas.

Revocable Permit/Occasional User Revocable Permit

An agreement between the state and a non-UB entity for use of university space/facilities. Language regarding liability insurance may also be included. Revenue must be deposited into an Income Fund Reimbursable (IFR) account.

•  The Revocable Permit is utilized when university space/facilities is to be occupied for more than thirty days or the anticipated revenue is equal to or greater than $10,000. This agreement requires prior approval by Real Estate and Property Management (REPM) and Procurement Services. Procurement Services executes the Revocable Permit, and is the office of record.

•  The Occasional User Revocable Permit is utilized when space/facilities is to be occupied for less than thirty days and anticipated revenue is less than $10,000. The Occasional User Revocable Permit is initiated and approved at the department level and the department is the office of record.

Visitor

For the purposes of this policy, visitor includes anyone, other than a student or employee, who sets foot on campus (e.g., vendors, licensees, permittees, volunteers, guests). A visitor who uses university property to participate in programs responsible for the custody, control, and supervision of children is a Covered Person.

• Comply with the conduct requirements in this policy.

• Engage in appropriate conduct when working with children.
• Remove a child from a dangerous situation immediately.
• Report inappropriate conduct to the Responsible UB official who approved the activity.
• Report suspected child abuse to University Police and EDI immediately. When working in an off-campus location, suspected child abuse should be reported to local law enforcement officials and EDI.
• Wear a lanyard or other identification with the individual’s title, photo, and/or role in the program when participating in a Covered Activity.
• Complete training on this policy on a biennial basis when participating in a Covered Activity.

• Implement procedures related to the duty of care including:
  • Appropriate supervision at all times
  • Protection of children’s health and safety
  • Appropriate use of protective equipment
• Complete a written report of all allegations of inappropriate conduct and submit to the Responsible UB official.
• Report suspected child abuse to University Police and EDI immediately.
• Campus units that are required to maintain state licenses (e.g., UB Child Care Center) must keep such licenses current and prominently displayed.

• Ensure compliance with this policy in their respective areas.
• Determine, on a limited basis, which Covered Activities in their areas require one-on-one contact with children (e.g., tutoring, lessons, speech therapy, medical/dental services).
• 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 university or a university-affiliated organization. Complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity.
• Confidentially maintain records of New York Sex Offender Registry and National Sex Offender Public Registry searches for a period of six (6) years.
• Communicate the requirements of this policy to Covered Persons.
• Ensure that Covered Persons in their area receive training on this policy on a biennial basis.
• Obtain the completed Acknowledgement of the UB Child Protection Policy and Conduct Requirements form from Covered Persons and non-UB entities.
• Provide non-UB entities with copies of the State University of New York (SUNY) Child Protection Policy (Document 6505), SUNY Policy on Mandatory Reporting and Prevention of Child Sexual Abuse (Document 6504), and UB Child Protection Policy.
• Ensure that a visitor conducting a Covered Activity on campus does so in accordance with a Revocable Permit, Occasional User Revocable Permit, or Facilities Use Agreement that includes the terms set forth in the section, “Visitor Use of University Facilities for Events and Programs for Children.”
• Complete a written report for each allegation of inappropriate conduct and provide a copy to EDI.
• Address instances of inappropriate conduct effectively.
• Report suspected child abuse to University Police and EDI immediately.

• Review reports regarding allegations of inappropriate conduct and confirm that appropriate actions are taken.
• Notify and coordinate with appropriate university offices to ensure allegations of suspected child abuse are handled appropriately.

• Designate a Responsible UB Official for any Covered Activities within that person’s unit or area.
• Communicate the requirements of this policy to all staff.
• Develop departmental procedures regarding the reporting of inappropriate conduct and child abuse consistent with this policy.

• Investigate all allegations of suspected child abuse.
• Complete a written report for all allegations of suspected child abuse.

1. An individual who believes that a child is in immediate danger must take steps to remove the child from that situation and notify University Police and the Office of Equity, Diversity and Inclusion (EDI) when child abuse or a crime is suspected. Child abuse that has occurred off-campus should be reported to local law enforcement officials and EDI.
2. All employees and students who interact with children as part of their work-related duties or academic program, and visitors to the university who have contact with children must be familiar with and abide by this policy.
3. Senior administrators (president, provost, vice presidents, vice provosts, deans, and athletic director) will designate one or more Responsible UB Officials to implement the requirements of this policy for any Covered Activities.
4. The Responsible UB Official will obtain New York Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons in their areas who are employees, volunteers, students, or agents of the university or a university-affiliated organization and complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity.
   A search of the New York Sex Offender Registry means:
   •  A search of the file of persons required to register pursuant to Article 6-C of the Correction Law maintained by the New York Division of Criminal Justice Services (DCJS) pursuant to New York 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 DCJS website; and
   •  Retention of the records of the results of such search; an internet search alone will not meet the requirements of this policy.
   A search of the National Sex Offender Public Registry means:
   •  A search by first and last name of the National Sex Offender Public Website (NSOPW) maintained on the United States Department of Justice website; and
   •  Retention of the records of the results of such search
   The Responsible UB Official will retain the results of the searches in a confidential file for a period of six (6) years.
5. The Responsible UB Official will ensure that Covered Persons in their area receive training on this policy on a biennial basis. Confirming the individual’s participation in the university’s online training meets this requirement.
6. Individuals must report inappropriate conduct to the Responsible UB Official in their area. The Responsible UB Official will address the inappropriate conduct effectively, to ensure that the conduct is not repeated. In addition to addressing the conduct, the Responsible UB Official must complete a written report that includes the name of the child involved; name of the child's parent(s); identity of the person making the allegation and their relationship to the child; name of the person against whom the allegation was made; and the specific details describing the inappropriate conduct for each allegation of inappropriate conduct. The Responsible UB Official will provide a copy of the report to EDI. If the Responsible UB Official reasonably believes that such conduct constitutes child abuse, the abuse must be reported to University Police/local law enforcement and EDI immediately.
7. Individuals who witness or receive a report of child abuse, or who reasonably believe such abuse has occurred must report the abuse to University Police/local law enforcement immediately, and to EDI.
   University Police will conduct a prompt investigation, and/or coordinate with other law enforcement channels in response to the report. University Police will complete a written report including the name of the child alleged to be abused; name of the child's parent(s); identity of the person making the allegation and their relationship to the child; name of the person against whom the allegation was made; and details describing the allegation. This report will be kept confidential to the extent allowed by law; however, there may be situations where the university is legally obligated to ensure the matter is investigated regardless of the individual's willingness to proceed. In this event, the individual will be notified, and steps identified to protect the complainant against retaliation.
   EDI will take such actions as necessary to ensure that the university offices responsible in each instance are notified and respond appropriately. For example, in addition to coordination with University Police, claims alleging child abuse by university employees would be referred to the Office of Employee Relations; claims alleging child abuse by university students would be referred to the Office of Judicial Affairs, in addition to the student’s decanal area or program.    
   

University employees who grant visitors permission to access university facilities for events or activities in which the visitor is entrusted with the custody, control, and supervision of children (i.e., Covered Activity) must notify their area’s Responsible UB Official prior to granting use of UB facilities. The Responsible UB Official must provide the visitor with copies of the SUNY Child Protection Policy (Document 6505), SUNY Policy on Mandatory Reporting and Prevention of Child Sexual Abuse (Document 6504), and UB Child Protection Policy. In addition, the Responsible UB Official must obtain the visitor’s completed Acknowledgement of  the UB Child Protection Policy and Conduct Requirements form.

Field trips and similar visits to campus of a short duration are not considered Covered Activities. In the case of a field trip or similar activity, the visitor requesting access to the campus must complete the Acknowledgement of the UB Child Protection Policy and Conduct Requirements form and provide it to the UB employee granting permission to access the campus.

A visitor’s use of UB facilities for a Covered Activity may only be granted pursuant to the terms of a Revocable Permit, Occasional User Revocable Permit, or Facilities Use Agreement and must include the following:

• A specific definition of the areas accessible to the Covered Activity. For example, a Revocable Permit, Occasional User Revocable Permit, or Facilities Use Agreement 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.
• Provisions requiring insurance coverage naming the university as an insured, and requiring evidence of such insurance be provided to the university within five (5) business days of execution of the Revocable Permit, Occasional User Revocable Permit, or Facilities Use Agreement or at minimum two weeks (14 days) prior to the scheduled use of university facilities. This insurance must include both:

•  General Liability insurance in the amount of two million dollars ($2,000,000) per each occurrence and two million dollars ($2,000,000) in the aggregate

•  New York State Workers’ Compensation insurance during the term of the revocable permit for the benefit of permittee’s employees required to be covered under the New York State Workers’ Compensation Law.

•  For those instances in which a campus believes that the activity is so long or substantial and that obtaining 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.

• If the Covered Activity is a children’s camp, a provision requiring permittee to provide the university 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 university facilities.
• 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 university facilities for purposes related to the Covered Activity, permittee has conducted within the ninety (90) day period preceding the use of university facilities (i) a search of the New York Sex Offender Registry; and (ii) a search of the National Sex Offender Public Website.
• 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: http://www.acacamps.org/accreditation/stdsglance); and (ii) that the overall supervisor for each Covered Activity is an adult with certification or documented training and experience in the Covered Activity.
• A representation and warranty from permittee that any transportation it provides for participating minors to and from the university grounds will conform to the American Camp Association’s transportation standards.
• A provision requiring written acknowledgement from permittee that it has received a copy of the university’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 University Police.