Chapter 5: Youth Protection Program
5.1 Purpose and Applicability
5.1.1 Purpose
It is the policy of The University of Texas at El Paso (University) to provide oversight and training for Youth Programs which are operated by the University or via third-party agreement with the University, either in person or virtually and which have recreational, athletic, volunteer, youth enrichment, or educational activities for their participants. This includes all Youth Programs covered by Texas Education Code, Chapter 51, Section 51.976, as well as any youth-related day camp, activity, or event sponsored by the University.
Individuals with responsibilities that involve interaction with children, including University faculty, staff, students, volunteers, and representatives, as well as third-party vendors and their employees, representatives or volunteers who contract for use of University facilities, must carefully review and abide by this policy.
The purpose of this policy is to provide guidance and to promote the safety and well-being of Youth Participants on University premises or participating in those programs sponsored or supported by the University. This policy also supports compliance with federal and state law.
5.1.2 Applicability
This policy applies to University employees, affiliates, volunteers, contractors, and visitors who are Designated Individuals as defined by this policy. The policy applies to all Youth Programs held on or off University property, as well as those Youth Programs sponsored by the University.
This policy is not applicable to the following activities:
- A school visit to the University if the third-party school hosting the visit is responsible for funding the visit and for the supervision of all Youth Participants
- An activity including recruited athlete visits
- An activity in which the only participants are registered students of the University or are 18 years old or older
- Research approved by the Institutional Review Board (IRB)
5.2 Authority
5.2.1 Delegation of Authority
The University delegates authority to the Office of Youth Program Development and Support and the Youth Support Services Manager to oversee Youth Programs held at, sponsored by, organized by, or supported by the University, as well as to assist with planning, organizing, and coordinating Youth Programs. University divisions and departments must work with the Office of Youth Program Development and Support to ensure that all Youth Programs are set up and run in accordance with the University’s business procedures and risk management practices.
Each Youth Program must comply with the following terms and conditions, as well as any other applicable requirements of federal, state, or local law or regulation.
5.2.2 University Sponsorship of Youth Programs
Youth Programs must be sponsored by or affiliated with a University’s college, school, unit or department (“Institutional department[s]”), unless specifically authorized by the University President on a per-program basis.
- Whether an institutional department sponsors a third-party Youth Program or the University President authorizes an external third-party Youth Program access to the University’s buildings or facilities, a facilities use agreement with the third-party must include language that requires the third-party program to comply with this policy.
- The Office of Youth Program Development and Support requires Youth Participant rosters, Designated Individual rosters, compliance certification, and any other documentation of an institutional department sponsored Youth Program or external third-party Youth Program for compliance purposes of this policy
- When a registered student organization hosts a Youth Program or sponsors a third-party Youth Program, the registered student organization must follow Section 5.2.2(a) and (b) of this policy, and all other required elements of hosting Youth Programs or sponsoring third-party Youth Programs in this policy.
5.2.3 Presence of Youth on campus
The University reserves the right to condition, restrict, or deny access to University facilities by Youth Participants at its discretion. All Youth Participants, including those participating in a Youth Program, will be subject to all University regulations while on campus, and may be asked to leave the campus if they do not comply.
5.2.4 Accountability
Failure to follow the requirements established in this policy may lead to sanctions including but not limited to probation or suspension of the program; dismissal or termination of University employment; and/or removal or barring from University property.
5.3 Responsibilities and Requirements
5.3.1 Youth Program Notification Requirement. All University-affiliated programs engaging Youth Participants under the age of 18, except as excluded by Section 5.1.2, must notify the Office of Youth Program Development and Support by completing an online Notification Form prior to commencing program operations. Programs that fail to notify the Office of Youth Program Development and Support may be denied permission to continue operations at the University.
The requirement to notify applies to any Youth Program conducted on or off the University campus or its other properties, regardless of the time of year the activity is taking place, if the activity is:
- is sponsored, overseen, supervised, operated, or managed by the University; or
- is funded in whole or in part from any University cost center.
Forms must be submitted at least three (3) months prior to the start of the program. Form submissions received less than three (3) months prior to the start of the program must include departmental leadership authorization. The Youth Program Notification Form can be found on the Office of Youth Program Development and Support website.
Any amendments or changes to the program registration should be submitted as soon as is practical after the need for amendment becomes known.
5.3.2 Supervision Ratios. Each Youth Program must have the following minimum adult supervision ratio requirements consistent with the American Camp Association staff ratio standards:
- Minimum supervision ratios for in-person Youth Programs:
| Age of Youth Participants | Number of Adult Staff | Overnight Youth Participants | Day Only Youth Participants |
|
5 years or younger |
1 | 5 | 6 |
|
6-8 years |
1 | 6 | 8 |
|
9-14 years |
1 | 8 | 10 |
|
15-18 years |
1 | 10 | 12 |
- Minimum supervision ratios for virtual Youth Programs:
- A minimum of two Designated Individuals must be present in virtual Youth Programs at all times.
- A minimum of one Designated Individual must be present to supervise each of the virtual Youth Program’s breakout rooms at all times.
- At no time should a Designated Individual be one-on-one with a Youth Participant in a breakout room.
- All requirements and prohibited conduct of Designated Individuals apply regardless of the Youth Program being held in-person, virtual, or remote.
5.3.3 Responsibilities of Designated Individuals.
Designated Individuals’ responsibilities include, but are not limited to:
- Ensuring the safety of each Youth Participant
- Following the instructions of the Youth Program Coordinator and executing or implementing the program’s supervision and instruction plan
- Creating a memorable experience by:
- Providing instruction that is appropriate for each Youth Participant’s age and ability
- Providing encouragement that enables each Youth Participant to increase the confidence needed to acquire new skills
- Monitoring the behavior of Youth Participants to ensure they adhere to the program’s code of conduct/rules
- Enforcing the rules and immediately communicating any issues that occur to the Youth Program Coordinator
- Serving as a role model for Youth Participants
5.3.4 Requirements of Designated Individuals. Any University employee, student, parent/legal guardian, independent contractor, or other volunteer who will serve as a Designated Individual in any Youth Program must first meet the following requirements:
5.3.4.1 Criminal Background Check. Youth Program Coordinators must ensure all Designated Individuals who will work with Youth Participants during the program undergo a criminal background check for 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 Program Coordinator Mandatory Training. Youth Program Coordinators must complete one Youth Program Coordinator training session each academic year to receive and review comprehensive information needed for planning and operating any Youth Program.
Youth Program Coordinators are considered school officials who have “significant responsibility for student and campus activities” and act as Campus Security Authorities (CSA) who have the authority and duty to take action or respond to particular issues on behalf of the institution. The CSA classification requires Youth Program Coordinators to complete the Clery Act Training and Examination every year and achieve a score of 100% on the examination. The University provides training to Youth Program Coordinators at no cost.
5.3.4.3 Youth Protection Training. It is the University's policy to provide training to Designated Individuals 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 Program 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. Upon successful completion of the course, the Designated Individual will receive a certificate of completion, which must be provided to the Youth Program 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 Program 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:
- One-on-one contact with Youth Participants outside the presence of another Designated Individual
- Meeting with Youth Participants outside of established times for Youth Program activities
- Touching Youth Participants in a manner that a reasonable person could interpret as inappropriate
- 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
- Showering, bathing, or undressing with or in the presence of Youth Participants
- Using, possessing, or being under the influence of alcohol or illegal drugs while working a Youth Program
- Being alone in a vehicle with a Youth Participant at any time
- Having direct electronic contact with Youth Participants without another Designated Individual included in the communication
- 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.
Under Texas law, if employees believe a child is being abused or neglected, employees are required to report it to the Department of Family and Protective Services (DFPS). Reports may be made at any time to DFPS by phone at 1-800-252-5400 or online at Texas Abuse Hotline. The hotline and website are available 24 hours a day, 7 days a week. The University’s policy prohibits retaliation against good faith reporting of suspected abuse or neglect.
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.
Employees are also required to timely report incidents of sexual misconduct to the Title IX Coordinator or a Deputy Title IX Coordinator.
5.3.4.8 Required Forms for Youth Participants.
Listed below are forms that must be completed and kept on file by the Youth Program Coordinator for each Youth Program:
- Release and Indemnification Agreement for Minors
- Release and Indemnification Agreement for Adults
- Release and Indemnification Agreement for Adult Students
- Release and Indemnification Agreement for Volunteers
- Photographic/Video Consent and Release, if applicable
- Authorization for Emergency Medical Treatment
These University-approved forms should not be combined or altered without authorization.
5.3.4.9 Emergency Action Plan. Youth Program Coordinators must be prepared in case of an emergency and discuss the emergency action plan with all Designated Individuals.
Youth Program 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 Program 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 Program 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
Medical information documented in the Authorization for Emergency Medical Treatment form 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 Program Coordinator must follow the appropriate medical emergency action plan.
5.3.4.11 Minors In Laboratories And Similar Situations. University Youth Program activities should be handled in ways that will promote the safety of the minors and will not impair the normal functions of the University. Youth Programs should coordinate with the Environmental Health and Safety Office (EH&S) to assist in the planning and appropriate usage of laboratories and similar facilities.
5.3.5 Insurance. All Youth Programs must carry accident and liability insurance with coverage at least equivalent to the Camp Insurance Program offered by the U.T. System Office of Risk Management. Any purchase of insurance must also comply with the requirements of Regents’ Rule 80601.
5.4 Accommodations
Reasonable accommodations will be provided in response to religious or disability related requests, unless it is determined that doing so would cause undue hardship to the University.
5.5 Forms and Tools
Authorization for Emergency Medical Treatment
Photographic/Video Consent and Release
Youth Protection Program Online Notification System
Youth Protection Program Guidebook
Youth Protection Policy Compliance Checklist
Youth Program Coordinator Training
Release and Indemnification Agreement for Minors
5.6 References
American Camp Association (ACA) Accredited Staff Ratio Standards
American Camp Association (ACA) Guidelines for Virtual Youth Programs
Texas Education Code, Chapter 51, Section 51.976 (relates to training and Examination Program for Employees of Campus Programs for Minors on Warning Signs of Sexual Abuse and Child Molestation)
Texas Education Code, Chapter 22, Sections 22.0831 – 22.0837 (relates to Criminal History Records for School District Employees and Volunteers)
Texas Education Code, Chapter 38, Section 38.0041 (relates to policies addressing sexual abuse and other maltreatment of Children)
Texas Department of Health and Human Services (DSHS) Campus Program for Minors and Required Forms
Rule 80601: Property and Casualty Insurance and Surety Bonds
Rule 80105: Joint Sponsorship of the Use of Property or Buildings
UT System Model Policy on Sexual Misconduct
UTS 192 Youth Protection Policy
Criminal Background Checks
5.7 Definitions
Designated Individual(s): A person involved in assisting with a Youth Program for Youth Participants, who has contact with a Youth Participant and has been identified by the University as a Designated Individual. Examples of Designated Individuals can include: faculty, staff, student workers, volunteers, or contracted employees who assist in Youth Programs.
Youth Participant(s): A minor (under age 18) who is attending a Youth Program. This definition does not include University students who are under the age of 18.
Youth Program(s): A camp, program, internship, mentorship, event, operation, community service, outreach, instruction, or activity held on University owned or controlled premises, held virtually, or sponsored or supported by a U.T. institution that offers recreational, athletic, volunteer, youth enrichment or educational activities to Youth Participants during which, the University is responsible for the care, custody, or control of the Youth Participant.
“Youth Program” as defined herein in this policy specifically includes institutional department sponsored third-party Youth Programs and external third party Youth Programs that contract with University institutions for the use of institutional facilities. “Youth Programs” also includes any “Campus program for minors” as defined by Section 51.976 of the Texas Education Code.
For the purpose of this policy, this definition does not include programs for University enrolled students or employees under the age of 18, or programs where the care, custody, or control of a minor (under the age of 18) is not the responsibility of the University, but instead held by non-University teachers, official chaperones, parents, or legal guardians (e.g., campus tours of prospective students’ families, visits by local school district classes) unless the program is an external third-party Youth Program that has contracted with the University for the use of institutional facilities.
Youth Program Coordinator(s): The University, college, school, unit, or department employee who develops, operates, and/or supervises a Youth Program, regardless of profit.
5.8 Dates Approved or Updated
5.9 Contact Information
