Chapter 5: Youth Protection Program

5.3.4.1 Criminal Background Check. Youth Event Coordinators must ensure all Designated Individuals who will work with Youth Participants during the program undergo a criminal background check conducted each year of the program. The check must be successfully cleared five (5) days prior to the start of the program. To determine the appropriate type of background check, refer to:  https://www.utep.edu/vpba/hoop/section-5/ch-12.html.

5.3.4.2 Youth Event Coordinator Mandatory Training. Youth Event Coordinators must attend one Youth Event Coordinator Training session each year to receive and review comprehensive information needed for planning and operating any Youth Program.

5.3.4.3 Youth Protection Training. It is the University's policy to provide training to personnel who work with Youth Participants in order to educate them about significant risks posed to children. The University aims to keep children safe by engaging staff and volunteers in strategies for recognizing, preventing, and reporting abuse and neglect.

The University provides the training mandated by Texas Education Code § 51.976 and the University of Texas System. This training includes information and examination concerning warning signs of sexual abuse and child molestation. To receive information about training, please contact the University’s Office of Institutional Compliance at (915) 747-6478.

It is the responsibility of the Youth Event Coordinator to ensure all Designated Individuals complete the Youth Protection Training five (5) days prior to the start day of the Youth Program. Designated Individuals must complete the Youth Protection Training and Examination every year and achieve a score of 100% on the examination. A Designated Individual will be allowed to re-answer the questions if necessary to achieve a passing score. Upon successful completion of the course, the Designated Individual will receive a certificate of completion, which should be provided to the Youth Event Coordinator.

The training is provided by the University at no cost to the Designated Individual. Youth Programs that host twenty (20) or more Youth Participants who are on campus for all or part of at least four (4) days are required to submit an annual Sexual Abuse and Child Molestation training and examination report to the Department of State Health Service Campus Program for Minors ( PHSCPS@dshs.state.tx.us) within five (5) days of the start of the Youth Program.

All University faculty, staff, and students are additionally required to complete the Employment Discrimination and Sexual Misconduct Prevention Training compliance module.

5.3.4.4 Use of Volunteers. Youth Event Coordinators must ensure that all volunteers, regardless of age, adhere to the Volunteer Policy located in the Handbook of Operating Procedures at https://www.utep.edu/hoop/section-5/ch-25.html.

5.3.4.5 No Unsupervised Access. Any individual not considered a Designated Individual (as defined by Section 5.5 of this policy) must not have unsupervised access to Youth Participants.

5.3.4.6 Prohibited Conduct of Designated Individuals. Designated Individuals must not engage in any behavior that could cause harm or be misinterpreted as possibly causing harm to Youth Participants. Prohibited conduct for Designated Individuals includes, but is not limited to:

1. One-on-one contact with Youth Participants outside the presence of another Designated Individual
2. Meeting with Youth Participants outside of established times for Youth Program activities
3. Touching Youth Participants in a manner that a reasonable person could interpret as inappropriate
4. Engaging in any abusive conduct of any kind toward, or in the presence of a Youth Participant, including but not limited to verbal abuse, striking, hitting, punching, poking, spanking or restraining
5. Showering, bathing, or undressing with or in the presence of Youth Participants
6. Using, possessing, or being under the influence of alcohol or illegal drugs while working a Youth Program
7. Being alone in a vehicle with a Youth Participant at any time
8. Having direct electronic contact with Youth Participants without another Designated Individual included in the communication
9. Making sexual materials in any form available to Youth Participants participating in Youth Programs, or assisting them in any way in gaining access to such materials.

5.3.4.7 Suspected Abuse or Neglect Reporting Requirements. In deciding whether or not to report an incident or situation of suspected abuse or neglect, it is not required to prove that abuse or neglect has occurred. Any uncertainty in deciding to report suspected abuse or neglect should be resolved in favor of making a good-faith report. Do not directly question or solicit information from the child or from the person suspected of improper behavior. The role of the investigation lies with city, county, and state officials.

The following reporting sequence must be followed:

1. In the case of an emergency, immediately call 911.
2. For non-emergencies, immediately report suspected abuse or neglect to:
   • University Title IX Coordinator at (915) 747-8358 or  titleix@utep.edu
   • The Youth Event Coordinator of the camp
3. The Youth Event Coordinator must immediately notify the following:
   • Youth Support Services Manager (915) 747-6134 or  youthprogramsupport@utep.edu 
   • University Title IX Coordinator at (915) 747-8358 or  titleix@utep.edu
4. The Youth Support Services Manager must complete an online report to the Texas Department of Family and Protective Services at (800) 252-5400 or at txabusehotline.org/Login/Default.aspx . The Youth Support Services Manager must share a copy of the report with the following:
   • University Police Department at (915) 747-5611or  police@utep.edu
   • Equal Opportunity Office at (915) 747-5662 or  eoaa@utep.edu
   • University Title IX Coordinator at (915) 747-8358 or  titleix@utep.edu

Any person who makes a good-faith report or assists in the investigation of alleged or known abuse or neglect, or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect, is immune from civil or criminal liability (Texas Family Code, § 261.106). However, a person who reports their own abuse or neglect of a child, or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect, is not immune from civil or criminal liability.

 5.3.4.8 Required Forms for Youth Participants. Listed below are forms that should be completed and kept on file for each Youth Program:

• Release and Indemnification Agreement for Minors
• Release and Indemnification Agreement for Adults
• Release and Indemnification Agreement for Volunteers
• Photographic/Video Consent and Release, if applicable
• Authorization for Emergency Medical Treatment - This form MUST be kept on file when parents/guardians, teachers, coaches WILL NOT be present at all times and retain custodial responsibility of the Youth Participants during the Youth Program. A copy should be collected by the Youth Event Coordinator and alphabetized by last name, and should be kept readily accessible by the staff for situations that may arise.

Please do not combine or alter any approved University form. The approved forms can be found on the VPBA Forms Library website at https://www.utep.edu/vpba/forms-library/.

5.3.4.9 Emergency Action Plan. Youth Event Coordinators must be prepared in case of an emergency and discuss the emergency action plan with all Designated Individuals. 

Youth Event Coordinators should ensure that all Designated Individuals are:

• aware of all identified means of exiting the building(s).
• knowledgeable of the area(s) for all Youth Participants and staff to gather in an emergency that requires evacuation. This area should be far enough away from building so as not to interfere with emergency response operations.
• prepared to escort the Youth Participants out of the building and to a safe area designated by the camp emergency plan where they will remain with their assigned group and take attendance immediately.

Emergency Action Plans will include assigned staff conducting a roll call to ensure all participants and staff are accounted for at the designated area.

If all Youth Participants and staff are accounted for, the Youth Event Coordinator or Designated Individuals will maintain order and follow the instructions of emergency personnel.

If a Youth Participant or Designated Individual is missing when attendance is taken, emergency personnel must be immediately notified and their instructions followed.

5.3.4.10 Medical Emergency Plan. Youth Event Coordinators must be prepared in case of a medical emergency and discuss the medical emergency action plan with all Designated Individuals. It is highly recommended that each Youth Program have a first aid kit on site and have identified staff who are trained in the following:

• CPR
• First Aid
• Youth Mental Health First Aid

When parents/guardians, teachers, coaches WILL NOT be present at all times and retain custodial responsibility of the Youth Participants during the Youth Program, the Youth Event Coordinator must also obtain the following forms from each youth participant’s parent/ legal guardian: 

• authorization to permit transportation of Youth Participants as deemed necessary in an emergency;
• disclosure of any allergies, other medical/mental conditions, or physical limitations of a youth participant that may impact his or her participation in the Youth Program.

Medical information is confidential and only for use by camp staff. It is imperative that parents/ guardians are notified of all medical-related situations.

In the event of an emergency involving an injury or acute illness, the Youth Event Coordinator must follow the risk reduction measures listed below:

• Call 911 to summon emergency personnel
• Notify the parent/legal guardian or the emergency contact
• Have a Designated Individual accompany the Youth Participant to the hospital and remain until the parent/legal guardian arrives
• Ensure that the appropriate Designated Individual prepares a written report no later than 24 hours following the medical emergency to submit to the Youth Event Coordinator for filing