Fayetteville Policies and Procedures 217.1

Youth Protection (formerly Protection of Minors on Campus)

PURPOSE
The University of Arkansas is strongly committed to maintaining a safe and secure environment for minors. The purpose of the Youth Protection Policy (the “Policy”) is to set out the University’s requirements designed to protect minors who participate in programs, events, camps, clinics, workshops, or other activities held at, sponsored by, or affiliated with the University. The Policy is also intended to describe the requirements under Arkansas state law for the required reporting of suspected child maltreatment.
DEFINITIONS

Authorized Adult
An individual eighteen (18) years or older who has successfully met the Policy’s background check and training requirements and may supervise, chaperone, or otherwise oversee Minors in Youth Programs. This may include, but is not limited to, faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants. Roles may include positions as counselors, coaches, instructors, etc.

External Entity
A third-party individual, contractor, consultant, vendor, or other non-University-affiliated entity or individual that seeks to hold a Youth Program on the campus of the University of Arkansas.

Minor
Any person participating in a Youth Program who is under eighteen (18) years of age and is not enrolled in courses at the University.
Note: Individuals under 18 who are “dually enrolled” in university academic courses while also enrolled in middle or high school are not considered Minors when they are enrolled and participating in university academic courses; however, they are considered Minors when they are participating in Youth Programs.

One-on-One Interaction
Interaction during a Youth Program between one Minor and one Youth Program Staff member who is not the Minor’s parent or guardian that takes place in a location that is not observable from a common area and without at least one other individual being present.

Sponsoring Unit
The academic or administrative unit of the University that provides a Youth Program or partners with an External Entity to offer a Youth Program.

Support Staff
Individuals eighteen (18) years of age or older who participate in conducting a Youth Program without directly interacting with Minors (e.g., providing temporary or clerical support). These individuals are not required to meet the Policy’s background check and training requirements.

Youth Program
Any program, event, activity, or endeavor offered by various academic, athletic, or administrative units of the University, by registered student organizations, or by External Entities using University facilities, designed for and including Minors as participants, and during which parents or guardians are not expected to be responsible for the care, custody, and control of the Minors. Youth Programs may consist of Day Programs or Overnight Programs. Youth Program is further defined below in Section IV.

Youth Program Contact
The University employee employed by the Sponsoring Unit who is responsible for the overall administration of a Youth Program, including Youth Programs operated by External Entities, and is accountable for compliance with the background check and training requirements.

Youth Program Director
The University employee who is on-site and responsible for the day-to-day operations and programming of the activity or program and who oversees Program Staff

Youth Protection Office
The University’s central youth protection function, which oversees all University sponsored or University hosted programs involving minors (persons under age 18) who are not enrolled University students. This office is responsible for program registration, background checks, training, and compliance with the University’s Protection of Minors on Campus policy.

Youth Program Staff
All individuals eighteen (18) years of age or older who participate in conducting a Youth Program, including Support Staff and Authorized Adults. Youth Program Staff may not supervise Minors or account for ratios unless they are also Authorized Adults.
REPORTING OF SUSPECTED CHILD MALTREATMENT
If any University employee or volunteer reasonably suspects or observes child maltreatment, he or she should immediately do the following, (and must immediately do the following if a mandated reporter, as defined in Appendix A to this policy):
1. Report, as required by Arkansas law, the suspected maltreatment to the state’s Child Abuse Hotline, at 1-800-482-5964. The hotline is toll-free and is staffed 24 hours a day, seven days a week. Mandated reporters may use a report form available online and faxed to 1-501-618-8952 for non-emergency situations.
2. Report the suspected maltreatment to the University of Arkansas Police Department at 479-575-2222 or 911. This report must occur immediately after the Hotline report is made. After receiving a report of suspected maltreatment, UAPD shall promptly coordinate an appropriate response with state officials and local law enforcement, as appropriate. In addition, UAPD shall notify the appropriate vice chancellor for any program, location or employee involved in the allegations.
  
  Again, immediate action is essential to protect children present on the University campus or participating in programs that may be connected with the University and are required by law for mandated reporters. Arkansas law prohibits any person from prohibiting or requiring prior permission for any mandated reporter to make a report of suspected maltreatment. A person, acting in good faith, who makes a report of suspected maltreatment, is immune to suit and to civil or criminal liability for making the report. Likewise, University policy prohibits retaliation against any person who makes a good-faith report of child maltreatment.
  
  Failure to report child maltreatment by a mandated reporter may have civil or criminal consequences. Questions regarding mandatory reporting obligations may be directed to the General Counsel’s Office at 479-575-5401.
YOUTH PROGRAMS
This Policy applies to university employees, students, External Entities, and/or volunteers working in or with Youth Programs. Except for the exclusions listed below, all Youth Programs are within the scope of this Policy. This includes, but is not limited to:
- Youth Programs operated or sponsored by the University or a University unit that take place on-campus or in University facilities.
- Youth Programs that are under the direction and authority of the University at locations off-campus or online.
- Youth Programs that are operated, conducted, or organized by an External Entity on campus or in University facilities.
- Youth Programs organized, operated, facilitated, or sponsored by a Registered Student Organization (“RSO”) or any other University-affiliated department or organization.
- Auditions, lessons, or tutoring sessions that take place on campus or in University facilities when a parent or guardian is not present.
  
  The definition of Youth Programs does not include the following:
- Minors who visit campus on their own.
- Activities where a parent or guardian is reasonably expected to be present and provide care, custody, and control of the Minor at all times.
- Attendance by Minors at events open to the general public, and other similar ticketed events (though this exception does not include Minors’ participation in the preparation, rehearsal, or backstage work for plays, concerts, and other such events, which may be considered Youth Programs under this Policy).
- All public facing services that provide services to Minors, including, but not limited to, the Pat Walker Health Center, the Psychological Clinic, and the Speech and Hearing Clinic.
- Normal operations of the Jean Tyson Child Development Study Center. However, separate camps, programs, or activities sponsored by the Jean Tyson Child Development Study Center may be considered Youth Programs under this Policy.
- Institutional Review Board (IRB)-approved University research involving Minors as human subjects.
- Campus tours as part of a field trip hosted by a childcare facility, elementary or secondary school, community college, religious organization, troop, or club organization (e.g., Girl Scouts or Scouting America), or other group where the care, custody and control of the Minor would reasonably be expected to be provided by such group.
- Campus tours conducted by the Office of Admissions or the Graduate School and International Education. However, individuals performing these tours with Minors must successfully complete the training and background check requirements outlined below.
- Off-campus clinical, practicum, or student teaching experiences, regardless of whether supervised by University faculty or an External Entity.
- Razorback Transit.
- National tests administered on campus. However, individuals proctoring these tests with Minors must successfully complete the training and background check requirements outlined below.
- Live-streamed events or virtual programs that do not engage personally identified participants and are open to the public.
PROCEDURES FOR YOUTH PROGRAMS
1. Registration
  Youth Programs must register with the University’s Youth Protection Office and identify both a Youth Program Director and Youth Program Contact at least thirty (30) calendar days before the Youth Program start date. Upon review, the Youth Protection Office will notify the Youth Program Director and Youth Program Contact with additional information that must be provided, if applicable, and/or changes made before moving forward.
  
  This registration process must be completed in order to conduct any Youth Program. Should a Youth Program fail to be registered by the registration deadline, the appropriate Vice Chancellor where the Youth Program is sponsored may require the Youth Program to alter its start date.
2. Background Checks
  All Authorized Adults working in or with Youth Programs are required to undergo a criminal background check and registered sex offender check before beginning work with Minors, in accordance with the University’s background check policy, Fayetteville Policies and Procedures 402.1. https://policies.uark.edu/fayetteville-policies/hmrs/4021.php
  
  Background checks may be conducted more frequently (e.g., semi-annually) at the Youth Program Contact/Director’s discretion. Payment of any background checks conducted for external entities is the responsibility of the external entity.
  
  Adverse results of background checks must be reviewed to evaluate whether they are disqualifying. If such a background investigation indicates a record of crimes against minors or sexually based offenses, that individual shall not participate in any Youth Program. Other criminal history will be reviewed with General Counsel, on a case-by-case basis, in consultation with the Youth Program Director and the Youth Protection Office as needed.
  
  Authorized Adults working with a Youth Program shall disclose to the Youth Program Director any criminal charge or arrest within 24 hours of its occurrence. Upon notification, the Youth Program Director shall contact the Youth Protection Office, which may result in the restriction of the individual from further participation in the Youth Program.
  
  K-12 school employees who have a current background check on file with their school districts, and who remain employed by the school district at the time they seek to be an Authorized Adult, may have such background check furnished to the University, but only if it is submitted directly by the human resources office of the school district, rather than by the employee.
3. Insurance
  Any External Entity Program in which youth will be physically present and participating using University of Arkansas owned or leased property or facilities will be required to obtain, at its sole cost, the following types of insurance:
  - Commercial General Liability insurance.
  - Automobile Liability insurance for any vehicles used to transport participants.
  - Workers’ Compensation coverage as required by the laws of the State of Arkansas.
  - Sexual Abuse/Molestation coverage.
  - Accident Medical coverage providing coverage for program participants.
    
    Insurance limit requirements will be provided at the time of program registration.
    
    Policies must be issued by an insurance company authorized to do business in the State of Arkansas and must ensure that the policy may not be cancelled except upon thirty (30) days’ prior written notice to External Entity.
    
    External Entity shall provide the University with a Certificate of Insurance evidencing this coverage prior to conducting any program activities.
SUPERVISION OF MINORS DURING YOUTH PROGRAMS
1. Supervision
  Youth Programs must make every effort to ensure all the Youth Program’s activities are adequately supervised. Factors to be considered in determining requirements for supervision are the number and age of Minors involved in the Youth Program, the activities involved, the type of housing (if applicable), and the age and experience of the Authorized Adults.
  
  The Youth Program Director shall assign an Authorized Adult to be on-call and accessible at all times and provide parents and guardians with that Authorized Adult’s contact information.
  
  Note: An appointment as Youth Program Staff is not equivalent to an appointment as an Authorized Adult. Youth Program Staff may not supervise Minors unless the Youth Program Staff members are also Authorized Adults.
2. Ratios
  At no time shall a group of Minors be left alone or without the appropriate number of Authorized Adults.
  
  The following minimum supervision ratios shall be maintained at all times while the participants are in the care, control, or custody of a Youth Program.
  
  Day Programs
  1. Age 5 One Authorized Adult for every 6 Minors (1:6)
  2. Ages 6-8 One Authorized Adult for every 8 Minors (1:8)
  3. Ages 9-14 One Authorized Adult for every 10 Minors (1:10)
  4. Ages 15-17 One Authorized Adult for every 12 Minors (1:12)
    
    No Minors under the age of five (5) may participate in a Day Program unless accompanied by a parent or guardian who is expected to provide care, custody, and control of the Minor for the duration of the Day Program.
    
    Overnight Programs
  5. Age 8 One Authorized Adult for every 6 Minors (1:6)
  6. Ages 9-14 One Authorized Adult for every 8 Minors (1:8)
  7. Ages 15-17 One Authorized Adult for every 10 Minors (1:10)
    
    No Minors under the age of 8 may participate in an Overnight Program.
    
    If Minors from multiple age groups are combined into a single group, the ratio from the youngest participant in the group shall be applied to the whole.
    
    If a Youth Program has an overnight component, the Program must abide by the Overnight Program ratios set forth above at all times, even if not all Minors participate in the overnight component.
    
    Additional Authorized Adults should be assigned to ensure One-on-One Contact with Minors does not occur and that appropriate levels of supervision are implemented and maintained.
    
    All Youth Programs shall conform to the above guidelines at all times, including, but not limited to:
    - Periods when Minors are given “free” or “rest” time.
    - Travel to and from meals and activities.
    - Overnight when Minors are housed in University residence halls or campus hotels without being accompanied by their parents or guardians.
      
      There must be sufficient Authorized Adults on each floor to maintain the appropriate ratio for the age of the Minors.
3. One-on-One Contact
  There shall be no One-on-One Contact (as defined above) between Youth Program Staff and Minors in Youth Programs. If an activity requires any type of one-on-one interaction (e.g., tutoring, private lessons, interviews), these interactions must take place in a location that is in a public space, in a place containing windows with clear visibility into the room, or in a space where the door is left open. Any exception requires written approval from the Minor’s parent or guardian and the Sponsoring Unit’s Associate Dean or Associate Vice Chancellor or authorized designee. Such documentation must be on file with and approved by the Youth Protection Office before any One-on-One Contact can occur. In these instances, the parent/guardian must be offered the option to sit/drop in on the lesson at any time.
4. Overnight Programs
  Youth Programs that include an overnight component shall adopt and implement requirements for proper supervision of Minors in University housing, including the following:
  - Written permission signed by the parent or guardian for the Minor to reside in University housing.
  - An age-appropriate curfew for Minors, no later than midnight.
  - Guests of Minors are restricted to visitation in the building lobby and only during approved hours specified by the Youth Program.
  - Compliance with all security measures and procedures specified by University Housing.
    
    Youth Programs must provide overnight supervision for Minors with sufficient Authorized Adults on each floor to maintain appropriate ratios.
    
    Upon the approval of the Program Director and in consultation with the Youth Protection Office, an 18-year-old participating in an overnight Youth Program may be housed with Minors and will be considered a Minor under this Policy. Individuals under 18 employed by the University are not covered by this Policy with the exception of mandatory reporting obligations.
    
    University Housing staff are responsible solely for building operations, including operation of the front desk, and shall not be responsible for providing care, custody, and control over any Minors.
    
    Only Authorized Adults may enter the floors of a residence hall housing Minors. Additional Youth Program Staff may be permitted on a move-in/move-out day, but only during times specified by the Youth Program.
    
    Authorized Adults shall not enter Minor’s rooms alone. If it is necessary to enter a room to check on a Minor, two Authorized Adults must be present, and the door must remain open.
    
    University Housing staff and external security personnel must have a successfully completed background check and Youth Protection training to enter the floors of a residence hall housing Minors and must only do so in furtherance of the normal responsibilities of their work.
COMMUNICATIONS WITH MINORS DURING YOUTH PROGRAMS
1. Communication While a Youth Program is Being Conducted
  Authorized Adults may communicate with Minors by phone, text, email, social media, Zoom, or other electronic means only to convey programmatic information and may not have contact with Minors outside of official programmatic activities.
  
  When communicating with Minors in these methods, the Youth Program Director or another Authorized Adult participating in the Youth Program must be included in the communication. Youth Program Staff should not “friend” or “follow” Minors on social media and should not allow any Minors within the Youth Program to “friend“ or “follow” them while the Youth Program is being conducted.
  
  Additionally, Youth Program Staff shall not engage in any “cloud-based gaming platforms” with Minor participants during the Youth Program unless such activity is central to the Youth Program and written authorization has been received by the Minor’s parents/guardians.
  
  These requirements are not meant to prohibit communications between adults and Minors sharing a relationship established outside of and prior to the Youth Program such as a relationship established by blood, marriage, adoption or foster care, or person with whom the Minor resides.
2. Media Releases
  Youth Program Staff may photograph, digitally record, and/or publish on social media a Minor only:
  1. for programmatic purposes, including marketing, and
  2. with the express written authorization of the Minor’s parent or guardian using an image release form providing for such consent.
INTERACTIONS BETWEEN YOUTH PROGRAM PERSONNEL AND MINORS
Youth Program Staff are required to conduct themselves in a professional manner and maintain the highest standards of personal behavior.

In addition to inappropriate behavior and conduct mentioned in other University policies and discussed in other sections of this Policy, Youth Program Staff participating in a Youth Program shall not:
- Allow any inappropriate touching, including between participants.
- Be under the influence of alcohol or illegal drugs while interacting with any Minor or while on duty with a Youth Program.
- Berate, intimidate, or belittle a Minor.
- Date or become romantically or sexually involved with a Minor.
- Engage in rough or sexually provocative games, including horseplay.
- Engage in abusive conduct of any kind toward, or in the presence of, a Minor.
- Engage in sexual innuendo or make sexually suggestive comments.
- Give personal gifts to a Minor.
- Make obscene material in any form available to participants or assist them in any way in gaining access to such materials.
- Provide alcohol, cigarettes, or other drugs to a Minor or provide any medication to a Minor unless specifically authorized in writing by the parent/guardian and as outlined in Section VI(C) of this Policy.
- Shower, bathe, or undress with or in the presence of Minors.
- Strike, hit, administer corporal punishment to, or touch any Minor in an illegal manner.
- Use language that encourages a Minor to keep secrets from their parent/guardian or from other Youth Program Staff.
  
  Note: this list merely provides examples of inappropriate behavior and is not intended to be exhaustive.
ACCOUNTABILITY
1. Compliance
  Compliance with the requirements of this Policy regarding the registration and operation of Youth Programs is required as a condition of operating Youth Programs at the University. Should a Youth Program fail to comply with the operational requirements set forth in this Policy, including failing to register the Youth Program or meet required ratios, the Youth Protection Office may deny the Youth Program’s request to operate and/or immediately cancel or suspend the Youth Program.
  
  The Youth Protection Office may conduct site visits to Youth Programs to ensure compliance with this Policy and to encourage the use of best practices when working with Minors. Following a site visit, the Youth Protection Office may provide feedback to Youth Programs on areas of recommended improvement, if any. Youth Programs, Sponsoring Units, and Youth Program Staff shall cooperate with the Youth Protection Office during these visits.
2. Violations
  Suspected violations of this policy may be investigated by the Youth Protection Office or referred to other appropriate institutional representatives for follow-up, as determined in consultation with the appropriate Vice Chancellor’s Office. If violations are identified, the Youth Protection Office, or other authorized institutional representative, as appropriate, will make recommendations to address the matter, considering the circumstances and nature of the alleged violation. The Youth Protection Office will work with relevant on-campus offices to follow up on implementation of response measures, which may include the Youth Program Director of the relevant Youth Program and the appropriate Vice Chancellor, depending on the nature and severity of the violation.
  
  Violation of this policy may result in disciplinary action up to and including termination of employment. Violations by students may also be referred to the Office of Student Accountability.
  
  Violations by an individual who is not affiliated with the University beyond the Youth Program may result in exclusion from University property and/or guidance to the External Entity that the staffer must not participate in a Youth Program at the present time or in the future.
  
  In addition, violations may result in requiring modifications to a Youth Program, delaying, suspending, or canceling a Youth Program, or limiting or terminating the ability of a Youth Program to operate on University property.
  
  Questions related to this Policy should be directed to: youthprotection@uark.edu.

Revised April 1, 2026
Revised March 11, 2019
Reformatted for Web May 15, 2014
December 19, 2013