This policy provides minimum standards for UW-Madison’s youth protection framework, which includes recordkeeping (Section I), screening (Section II), training (Section III), supervising (Section IV), preparing for emergencies (Section V), and reporting incidents (Section VI). Specific requirements vary according to the nature of the youth activity. Requirements for third-party youth activities are detailed in Section VIII and Addendums A and B. Addendum B also applies to UW-Madison youth activities where schools and other organizations maintain responsibility for the custodial care of youth participants.
Procedures established by the Office of Youth Protection in collaboration with relevant university-level partners (e.g., offices of Compliance, Human Resources, Legal Affairs, Risk Management) may exceed the minimum standards outlined in this policy and can assist in complying with evolving requirements found in federal or state law, other governing policies, university or UW System policy or procedures, or best practices in the field of youth protection.
- Recordkeeping
The Office of Youth Protection (OYP) maintains a university-wide registry of youth activities. OYP sets standards for youth activity registration and data collection, which must include, but are not limited to, the requirements below.
- Youth Activity Registration
- All youth activities must register annually with the Office of Youth Protection a minimum of 30 days prior to the start of the activity.
- Registration must include the following information:
- Timeframe. Activity start and end dates/times; number and length of sessions (as applicable).
- Primary contact person. This individual must be a university employee associated with the youth activity who can answer questions about the program and provide proof of compliance with university policy.
- Authorizing unit. Activities involving more than one school/college/division must identify the unit that will have primary responsibility for the youth activity.
- Data Collection: Requirements vary based on the type of youth activity, role classification of adults interacting with minors, and other factors. At minimum, all youth activities must provide the following information to OYP at least 14 days prior to the start of the youth activity:
- Written approval from the youth protection designee or dean/director in the authorizing unit;
- Name of the authorized custodian for the youth activity: authorized custodians in UW-Madison youth activities must be academic staff, faculty, or university staff; and
- Details regarding adults authorized to interact with youth participants as part of the youth activity:
- Name
- Contact information (e.g., email, NetID)
- Role classification (e.g., authorized custodian, authorized assistant custodian, authorized adult, or guest speaker)
- Dates of successful completion of all applicable screening requirements
- Dates of completion of all applicable training requirements
- Youth activities providing custodial care must have a registration process for youth participants and provide OYP with the following information for all youth participants within 14 days following the conclusion of the youth activity:
- Name
- Contact information for parent(s)/guardian(s)
- Name and contact information for emergency contacts
- Screening: Minimum screening expectations vary based on factors including role classification of the adult interacting with youth participants and paid status.
- Criminal Background Checks
- All authorized custodians, authorized assistant custodians, and authorized adults, regardless of employment status must satisfy background check requirements found in UW-5014 Criminal Background Checks prior to interaction with youth participants.
- All authorized custodians, authorized assistant custodians, and authorized adults who are employees of UW-Madison must have a position of trust with access to vulnerable populations designation in their human resources records during the period of time for which they are authorized to interact with youth as part of their role in a youth activity.
- Reference checks
- All UW-Madison employees serving as authorized custodians, authorized assistant custodians, and authorized adults must be screened through a reference check process in alignment with minimum standards found in UW System Administrative Policy 1275, Recruitment Policies.
- All volunteers serving as authorized assistant custodians must be screened through a reference check process in alignment with minimum standards found in UW System Administrative Policy 1275, Recruitment Policies. Volunteers are not permitted to serve as authorized custodians.
- Individuals previously approved to serve as authorized custodians, authorized assistant custodians, or authorized adults without an interruption of service are exempt from this requirement.
- Self-reporting: All authorized custodians, authorized assistant custodians, and authorized adults are required to report any new arrest, charge, or conviction (excluding misdemeanor traffic offenses publishable only by fines) that impacts their own criminal history within 24 hours or at the earliest opportunity to human resources staff in the school, college, or division in which the program is housed.
- Training: Minimum training requirements vary by role classification. Additional training may be required by the Office of Youth Protection, other offices at UW-Madison, or relevant governing procedures or laws (e.g., achieve compliance with revisions to the Wisconsin State Legislature Administrative Code under ATCP 78 Recreational and Educational Camps). Individuals involved in high-risk activities (e.g., residential activities, swimming, using hazardous chemicals, food preparation) may be required to complete training or certifications specifically related to that activity. Approved alternatives to trainings that meet identified learning objectives may be determined in consultation with the Office of Youth Protection and the university department or office responsible for meeting the training requirement.
- Minimum training requirements based on role classification:
- Authorized custodian
- Mandated Reporting of Child Abuse and Neglect (Every two years)
- Responsible Employee (Annually)
- Campus Security Authorities (Annually)
- Training on effective youth protection practices (Every two years)
- Authorized assistant custodian
- Mandated Reporting of Child Abuse and Neglect (Every two years)
- Sexual Misconduct and Clery Crimes in Youth Activities: Reporting and Prevention (Annually)
- Training on effective youth protection practices (Every two years)
- Authorized adult
- Mandated Reporting of Child Abuse and Neglect (Every two years)
- Training on university processes for reporting sexual misconduct (Every two years)
- Guest Speaker: None
- Supervising: Active supervision promotes a safe environment. Focused attention and intentional observation are required in addition to the behavior expectations outlined below.
- All youth activities must meet the minimum supervision ratios outlined in ATCP 78 Recreational and Educational Camps at all times, with the exception of classroom settings (see Figure 2: Supervision Ratios for Youth Activities) and youth activities that possess a current American Camp Association (ACA) accreditation operating during day and/or evening hours with no overnight component. ACA accredited youth activities with no overnight component may default to ACA supervision ratios.
- Adults providing supervision must be classified as authorized custodians or authorized assistant custodians. Authorized adults are not eligible to be counted in supervision ratios.
- Authorized custodians in UW-Madison youth activities must be academic staff, faculty, or university staff.
- Classroom settings allow for a 1:18 adult to youth participant ratio for youth participants age 10 and older.
- A minimum of two authorized assistant custodians or authorized custodians are required to accompany youth participants on all field trips; ratios referenced above must also be maintained.
- All interactions between adults and minors in youth activities, including online interactions, must be observable and interruptible. One-on-one contact between adults and minors is prohibited except as outlined below:
- There is a familial relationship between the adult and minor.
- One-on-one tutoring is occurring in an instructional or research setting/activity or other learning experience where one-on-one interaction (e.g., music lessons) is required for an educational program.
- Interactions must remain observable and interruptible at all times.
- Parents/guardians must be informed that program design will include one-on-one interactions.
- An emergency warrants it, such as when one adult accompanies a youth participant to the emergency room, is summoning law enforcement, or is searching for a missing youth participant.
- Conduct that violates the law, university policy, or UW System policy is not tolerated. Prohibited conduct includes, but is not limited to, bullying, child abuse, child sexual abuse, discrimination, emotional abuse, grooming, harassment, hazing, inappropriate use of technology, indecent exposure, neglect, physical abuse, sexual assault, sexual exploitation, sexual harassment, stalking, manufacture of methamphetamines around a child, and other illegal activities. (See UW-146 Sexual Harassment and Sexual Violence, Wis. Stat. § 48 Children’s Code, Wis. Stat. § 948 Crimes Against Children, and other governing documents for definitions and other prohibited behaviors.)
- Additional prohibited conduct includes:
- Infringement on the privacy of youth participants in situations where they are changing clothes or taking showers, except in situations when a health or safety exception is necessary and appropriate;
- Adults showering, bathing, or undressing with or in the presence of youth participants;
- Photographing or recording in shower houses, restrooms, or other areas where privacy is expected by youth participants; and
- Use of alcohol and illegal drugs when engaging in covered activities.
- Authorized assistant custodians and authorized custodians providing supervision during a youth activity with an overnight component, including but not limited to residential activities, are prohibited from the following:
- Entering the youth participant’s room, bathroom facility, or similar area without another authorized custodian or authorized assistant custodian in attendance, except in emergency situations.
- If separate facilities for adults and youth participants are not available, separate times for showering must be scheduled and posted.
- Sharing a bed or sleeping bag with a youth participant.
- Adults associated with schools and other organizations who supervise youth in non-custodial youth activities (e.g., group museum tours) are expected to adhere to the above supervision rules. A representative of the third-party must also agree in writing to abide by the parameters outlined in Addendum B.
- Preparing for Emergencies
- Emergency response plans: All youth activities must have safety plans that include, but are not limited to, protocols to address:
- Fire
- Power outage
- Severe weather
- Lost or missing youth participant
- Infectious disease outbreaks (e.g., measles, COVID, flu)
- Insurance: Youth activities eligible for coverage under UW System’s Camps and Clinics Blanket Accident policy as determined by UW-Madison’s Office of Risk Management must obtain this or similar coverage as approved by the Office of Risk Management.
- Reporting Incidents
- All authorized custodians, authorized assistant custodians, and authorized adults are required to follow the university’s escalation plan for reporting incidents and other relevant university rules and procedures in a timely manner as required by their role. This includes but is not limited to:
- Any suspected physical abuse, neglect, or sexual abuse of a minor in alignment with Wisconsin Executive Order #54,
- Sexual harassment or sexual violence as defined by UW-146 Sexual Harassment and Sexual Violence,
- Misconduct and crimes that fall under the Jeanne Clery Act;
- Incidents resulting in serious harm, requiring professional medical attention, including treatment beyond basic first aid, or resulting in near misses; and
- Incidents of illegal or unauthorized drug use.
- Adverse actions are prohibited against any individual based on that individual:
- Acting in good faith to report a concern about possible violations of UW-Madison policy;
- Participating in an investigation or responding to concerns related to UW-Madison policy; and
- Being involved in enforcement of UW-Madison policy.
- Data Retention:
- Youth activity records must be maintained according to the UW System Youth Records Schedules and any other relevant retention schedules.
- Protected health information and other confidential and sensitive data must be stored according to parameters in Regent Policy Document 25-5.
- Third Parties:
- Third parties offering third-party youth activities on property owned, rented, or managed UW-Madison must sign a contract for facility use that clearly allocates the risks posed by the activity to the third party and meets the requirements outlined in this policy as detailed in Addendum A.
- A contract for facility use must be signed regardless of whether money was exchanged for use of the space.
- Third-party youth activities must obtain written approval to operate from the authorizing unit’s dean/director or their youth protection designee prior to signing a contract.
- Authorizing units must register third-party youth activities with the Office of Youth Protection a minimum of 90 days prior to start of the activity with exceptions as determined and documented by the offices of Risk Management and Youth Protection.
- When required, intake meetings with the Office of Youth Protection must be completed prior to authorizing a third-party youth activity.
- Consequences for Noncompliance
- Employees, volunteers, and all other individuals subject to this policy who violate this policy and/or associated policies, protocols, or procedures may be subject to disciplinary action, up to and including termination of employment, dissolution of volunteer status, or ban from participation in youth activities, in accordance with the relevant policies and procedures applicable to their role.
- The Office of Youth Protection must be notified when staff or volunteers are restricted from working with youth participants for policy violations.
- Youth activities that do not fulfill the requirements of this policy and/or associated policies, protocols, or procedures may be subject to restrictions or limitations imposed on their operations, up to and including cancellation.
- Third-party youth activities are subject to contract termination along with associated financial and legal liability. They may also be prohibited from engaging in future third-party youth activities at UW-Madison or any UW System institution.
- The Office of Youth Protection must be notified when a third-party is in violation of requirements outlined in Addendums A and/or B.
- Responsibilities
- All university employees and university-appointed volunteers to whom this policy applies are responsible for reviewing and following this policy.
- The highest-level dean/director of the sponsoring unit, or a designee appointed by the dean/director, is responsible for providing written authorization for approval of youth activities and third-party youth activities, promoting the understanding of this policy within in the school/college/division, and taking appropriate steps to ensure compliance with the policy and consequences for non-compliance. Authorizing units have fiscal and administrative responsibility for youth activities operating in their school/college/division and for ensuring third-party youth activities agree to the requirements in Addendum A.
- The provost and vice chancellor for finance and administration have designated the Office of Youth Protection in the Division of Continuing Studies as the authority with responsibility for oversight of this policy. The Office of Youth Protection is responsible for developing procedures for compliance with this policy and other relevant governing documents (e.g., ATCP 78 Recreational and Educational Camps), including collecting and maintaining records of registered youth activities and third-party youth activities. OYP is also responsible for communicating expectations to university employees associated with registered youth activities; providing guidance and interpretations related to the policy; and conducting reviews of program documentation or site visit inspections.
- The provost and/or the vice chancellor for finance and administration have the authority to review the operation of a youth activity, third-party youth activity, and/or specific youth protection measures, and temporarily suspend, limit, restrict, or permanently cancel the youth activity or third-party youth activity at their sole discretion.
- The director of the Office of Youth Protection has been designated as UW-Madison’s main point of contact for UW System on matters pertaining to youth protection and compliance with System Administrative Policy 625.