ISU Youth Program Awareness Training

Children in the WorkplaceYouth Activities, Pre-Collegiate Programs

& CampsVolunteers

Decision on which policy applies

Who initiated youth activity?o Is the activity sponsored by ISU or a third party?o Does the youth activity involve a student

organization?o Is involvement by youth incidental to the event?

Who has responsibility to supervise youth?o Are youth remaining under the supervision of their

parent and/or teacher? Is the youth event/program/activity an individual

or group activity?

Children in the Workplace (CIW) Examples

Children in the Workplace most frequently applies to a situation with an individual child or group that is not long term

Tours of ISU facilities Individual lessons (instrumental and vocal music) Providing academic tutoring Job shadowing of an employee for one day

CIW Policy and Requirements

Full policy found in the Policy Library at:http://policy.iastate.edu/policy/children/workplace/

Applies to employees, students and visitors who may wish to bring a non-student child to the workplace. If it is more than incidental or intermittent and is not part of a registered youth activity, program or camp.

Requirements that must be met:1. Written permission for hosting the child must be obtained from

department chair/unit director2. ISU employees and any others who will have responsibility for children

must be approved by conducting a background check, if the individual serving as a host is not the child’s parent

3. A signed written parental permission agreement and emergency medical care contact information form must be completed. Parental permission forms are available through ORM

Youth in high risk work areas, additional requirements must be met:

Review by department chair in conjunction with EH&S and ORM

CIW does NOT cover

Youth programs addressed within the Youth Activities, Pre-Collegiate Programs and Camps Policy;

Activities with minors who are enrolled as Iowa State University students or employed by Iowa State University;

Activities supervised by the Child Development Laboratory School, a day care provider contracted to the university or a day care provider affiliated with the university;

Residences provided to employees by the university as part of their employment, such as residence hall director apartments, and farm manager homes;

Events and celebrations where families are encouraged to participate.

Youth Participants in Human Subject Research

Exception to both policies as follows:ISU research projects with youth participating as human subjects must comply with the background check requirements found in either the CIW or YAP policies.

The Institutional Review Board (IRB) approves or denies projects involving human subjects, reviews procedures relating to the safety of youth participants in research, and will make operational recommendations to researchers, including but not limited to use of parental consent forms, emergency contact information and other documents intending to manage the risks of youth participation in human subjects research projects.

Youth Programs Website

Updated Resources Available at:

http://www.riskmanagement.iastate.edu/youth/

Youth and Children at ISU

For Parents and YouthIowa State University has a long tradition of providing quality activities and programs for youth and children. To find out more about our programs and their operation, please see Programs for Youth to find out what we offer.

For Youth Program AdministratorsIn order to keep our promise of offering excellent youth activities and programs at ISU, this website contains information and resources to help Program Leaders plan and conduct activities, programs and camps for youth in a safe and effective manner.

What policies apply to youth activities and programs? Youth Program Registration Background screening Safety and training resources Reporting child abuse and criminal activity Reporting safety violations Contacts

Youth Activities, Pre-Collegiate Programs and Camps (YAP)

ExamplesUniversity Sponsored Programs

Organized group programs specifically offered to youth, including programs offered by student organizations.

Middle or high school student working in laboratory with faculty member for more than one day. May also be subject to internship/experiential learning requirements. http://www.provost.iastate.edu/help/academic-policies-and-procedures/experiential-learning

University sponsored events coordinated with an outside party, but for which university assumes responsibility such as a youth dance or music program.

University Endorsed Programs Athletics sports camps owned and run by a coach, contracted for use of

university facilities and services

Third Party Programs Youth Programs that are owned and run by another organization (i.e. Boy

Scouts, Girl Scouts, church organization) that contract with the university for facility or premise use

Defining Types of YAP Programs

Applies to group youth activities, programs and campsFull Policy found at:

http://www.policy.iastate.edu/policy/youthprograms

University Sponsored A youth program offered by an Iowa State University department/unit as a means of recruitment, outreach or education specific to department/unit mission or operations. The university is the sole or primary sponsor with ultimate responsibility for operation; participant supervision; and control of the camp, program or activity.

University EndorsedA youth program actively supported or promoted by an Iowa State University department/unit and sponsored or co-sponsored by another entity that provides the primary operational control, participant supervision, and management for the program. These programs have ties to the university’s mission and affiliation with an ISU department or unit, but the university is not the primary sponsor. University facility use and services are permitted by contract.

Third Party A youth program operated by an individual, organization or entity that is external to Iowa State University. The university leases facilities/premises to the third party and may offer other services for payment, but is not involved in program operations, participant supervision, or management unless contractually obligated.

Registration Requirements for University

Sponsored and Endorsed ProgramsAll youth programs must have a registration form with appropriate approval

signatures submitted to ORM before the program begins.

University sponsored and endorsed programs must be approved by the department chair/director and the dean or vice president for the unit/department. Dean/vice president level authority for approval may be delegated to an individual designated to oversee youth activities and programs for the college/division.

Special approval requirements: All programs that are affiliated with ISU Athletics or that are regulated by NCAA rules must also be

approved by the director of Athletics.

In addition to department/unit and dean or vice president approval, all programs involving international travel with youth participants must be approved by and meet the requirements of the ISU Education Abroad Committee (ISU departmental group travel either for credit or non-credit) or Office of Risk Management (Student Organizations)

In addition to department/unit and dean or vice president approval, all student/campus organization programs involving youth participants must also be approved by the organization’s adviser and the ISU Event Authorization Committee. These programs must be sponsored by an ISU department/unit or work through Conference Planning and Management with a third party program.

University endorsed programs require an agreement for facility/premise use and must be entered into by individuals with signature authority for contracting on behalf of ISU.

University endorsed programs also require an Endorsed Youth Program Agreement, initiated by Office of Risk Management, Office of University Counsel or ISU Athletics Department.

Registration Requirements for Third Parties

Third Party ProgramsThird party youth programs requesting to use university facilities, premises, or services are subject to this policy and must contract through ISU Conference Planning and Management or the appropriate ISU department/unit, using an approved youth program agreement for facility/premise use available at ORM. Specific insurance requirements are required to conduct youth programs at ISU facilities and premises.

Departments that contract with third parties must provide applicable university policies, assist the third party in understanding these policies and submit their registration form for a youth program to ORM. A letter should be submitted by the third party confirming their method to comply with background check requirements.

YAP Program Leader Responsibilities

Must all Youth Programs have a Program Leader?

Each program sponsor must designate a qualified program leader to be responsible for:

o implementation and oversight of the youth programo compliance with university policies, procedures and guidelines

Program leaders for university sponsored or endorsed programs must be ISU Faculty or P&S Staff.

Program leader responsibilities: Select and supervise program staff (both paid and volunteer) Attend and supervise activities, or, if necessary, delegate to appropriate staff Request background checks of program staff Select program staff with adequate experience, qualifications, and training

for the tasks they will be required to perform Provide orientation regarding pertinent ISU policies and procedures Maintain appropriate ratios of authorized adults and program staff for youth

participant supervision Review and implement applicable protocols found in Youth Activities, Pre-

Collegiate Programs and Camps Procedures

YAP Operations

Program leaders are responsible for the proper care and supervision of youth participants, including:

Orientation for staff and participants Compliance with university policies/procedures Minimizing one-on-one contact to prevent instances of molestation or

abuse of youth participants and protect staff from false accusations Acquisition & secure maintenance of documentation(i.e. parental

permission forms, publicity/image/voice/media release, & medical emergency information

Obtaining ISU Department of Residence housing (for overnight stays) or arranging for approval with Office of Risk Management for alternate housing

Safe transportation of participants and staff for program activities Establishment of appropriate safety, health and medical protocols (i.e.

training for program staff related to first aid, emergency response, confidentiality of personal information and prohibiting staff or volunteers from taking unauthorized photos or videos of youth

Reporting of crimes, harassment, misconduct or safety concerns

Program Leader Staff Orientation

Policies Children in the Workplace Reporting Responsibility - Violations Volunteers Discrimination and Harassment Employment Verification and Background Checks Facilities and Grounds Use, Activities

Safety and Training Resources Creating Safe Environments Emergency and First Aid Orientation Urgent Care Resources Card Contract Assistance and Signature Authority

Website For Parents, Youth and Children ISPY: Iowa State Programs for Youth

Authorized adult supervision ratios

Evaluate the ratio of adult program supervisors (18 years of age or older) to program participants. The number of chaperones recommended is determined by age and special needs.

5 years and younger: 1 authorized adult for every 5 overnight youth participants and 1 authorized adult for every 6 day youth participants

6–8 years 1:6 for overnight, and 1:8 for day

9–14 years 1:8 for overnight and 1:10 for day 15–17 years 1:10 for overnight and 1:12 for day

* American Camp Association guidelines

Background Checks

Who needs a background check?All faculty, staff, students, volunteers or others must have an approved background check on file prior to: Supervisory responsibilities for youth participants or youth program Unsupervised or one-on-one contact with a youth participant Involved with overnight supervision of youth Driving responsibilities for youth program Involvement by anyone for whom state law requires a criminal background check (mandatory

reporters such as teachers, medical professionals, etc.)

Background check process: Program Leader submits Background Check Request form Individual submits Background Check Disclosure and Authorization form Office of Risk Management processes background check Cost is centrally funded through June 30, 2014 (unless subject to HRS’s normal hiring process) The individual and program leader will be notified when the individual is approved or denied If individual is denied, the program leader(s) will not be informed of why the individual was denied Results of a criminal record background check are available to the individual upon request, when

requested in person and having two forms of picture ID Any youth activity employee/volunteer must disclose any criminal arrest, citation, or conviction to

the program leader immediately upon such arrest or conviction. The program leader must report the information to Risk Management

YAP does NOT cover

Activities supervised by the Child Development Laboratory School, a day care provider contracted to the university, or a day care provider affiliated with the university

Youth visitors, individually or in groups, for activities not initiated or supervised by ISU program staff (e.g., youth doing research in the Parks Library; field trips supervised by a youth participant’s school or organization but not initiated or supervised by ISU staff or volunteers)

Office of Admissions or other departmental recruiting visit programs which involve youth visiting campus with their parents/guardians. Individuals working with youth in these situations are subject to the Employment Verification and Background Checks policy

Incidental visits by individual youth interacting with ISU faculty or staff, but not as part of a coordinated program offering. However, these activities are subject to the Children in the Workplace policy.

Examples include: o Tours of ISU facilitieso Individual lessons (e.g., music) or tutoring/mentoringo Individual non-student child doing research in a laboratory with a professoro Job shadowing an ISU employeeo Individualized academic experiential learning/enrichment

YAP does NOT cover (continued)

ISU credit-bearing academic courses with students under the age of 18 enrolled, including on-campus, distance education, and independent study experiences.

Performances or events open to the general public (e.g., athletic competitions, plays, concerts, etc.).

Activities designed primarily for adults or enrolled students, even if they allow occasional youth attendance (e.g., lecture series).

ISU research projects with youth participating as human subjects.

College-approved academic curriculum activities that include ISU student interaction with youth (e.g., Child Development Laboratory school visits). Colleges will set policy regarding safety and background checks for these programs/students.

Practicum and student teaching activities as a part of the School of Education. The background check policy of the School of Education applies for these programs/students.

ISU employees under the age of eighteen who are not involved with youth activities. Individuals working in these situations are subject to the Employment Verification and Background Checks policy.

ISU Volunteers

Definition of an ISU Volunteer

A volunteer is an individual who performs services, in furtherance of the humanitarian, educational, or service mission of the university. A volunteer performs services without promise, expectation or receipt of compensation, benefits or consideration for the services provided. Although compensation for volunteer services is not allowed, ISU volunteers who have received prior department/unit approval may be reimbursed for actual and reasonable expenses following university reimbursement guidelines (see Resources section below).

When providing volunteer services, a volunteer is not an employee for any purpose, is not covered by the Fair Labor Standards Act (FLSA), and is not eligible for university benefits or workers' compensation.

Policy Statement

http://policy.iastate.edu/policy/volunteers

Departments/units are responsible for oversight of all volunteer services and activities and for assessing risk associated with volunteer services. All departments/units must comply with the requirements and approval process for volunteer services, regardless of whether those services are provided on-campus or at an off-campus location, as outlined in this policy and in the related procedures.

Limitations on Who May Volunteer

An ISU employee may not volunteer to perform services for the university that are identical or similar to his/her duties as an employee.

A person is not considered a volunteer when the decision to volunteer such services was not made freely, without pressure or coercion.

A person may not volunteer if the person would displace or replace an employee position.

An individual who has been convicted of an offense for which he/she must register with the National Sex Offender Registry.

Volunteers working with youth, handling money, etc. may be subject to a criminal background check and drivers of university vehicles will be subject to a motor vehicle record check.

ISU does not allow a volunteer younger than fifteen years of age without the supervision of his/her parent or guardian.

Foreign nationals who do not possess the proper visa or other legal authorization permitting them to work or volunteer at the university may not volunteer.

Persons not Covered

The following are not considered ISU volunteers:

Unpaid academic appointment Performing services for another entity Performing services as a member of a

group contracted by the university Guest lecturer Public member of a committee Participant in human subjects research

Approval Process

Approval of ISU volunteers

An individual becomes an approved ISU volunteer when the required ISU procedures are completed by the proposed volunteer and approval is received from the chair or director of the university department/unit.

Required documentation includes a Volunteer Service Agreement and Medical Emergency Information. Parental Permission Agreements are required for volunteers under the age of 18. (Contact ORM for agreement forms).

This approval process applies to members of the public, ISU employees, or students who are enrolled at ISU and wish to volunteer in an ISU program or facility.

An electronic Volunteer Management System for ISU is under development.

Assessing risk factors for ISU volunteer services

Prior to approving volunteer services, the university department/unit must evaluate the services that a volunteer is expected to provide.The department/unit must classify the services to be provided in one of the following three categories based on the varying level of risk: Low Risk Services Higher Risk Services Generally Prohibited Services

Low Risk Services

Volunteers providing services that are classified as low risk require only a Volunteer Group Roster. Examples include:

Commencement volunteers Gallery/program guide Phone-a-thon volunteers Greeting or directing individuals in a department

or unit or at a university event Distribution of materials at fairs or special events

Higher Risk Services

Services are classified as higher risk due to potential liability issues. Volunteers for higher risk services are required to complete a Volunteer Agreement. In addition, these services may also include criteria that require review by other departments (such as Environmental Health and Safety, Office for Responsible Research, University Counsel, etc.). Examples include:

Laboratory services (such as volunteer services in research laboratories or other facilities in which biological, chemical or radiological material hazards are present)

Professional services (such as services of accountants, architects, engineers, nurses, physicians, attorneys, etc.)

Travel of any kind (i.e. driver or passenger in ISU or personal vehicle on university business)

Services that involve contact with animals

Services that involve financial or confidential matters

Services that involve access to minors or vulnerable populations

Services that involve possible contact with hazardous or potentially hazardous materials (such as bio-hazardous material, infectious material, human blood, etc.)

Services that involve access to keys for any university facilities

Preparing or serving food (such as in our dining facilities)

Digging trenches, planting trees, or landscaping

Generally Prohibited Services

Services with substantial risk to the volunteer, the university or the community are generally prohibited.

Departments/units may contact ORM to request an exception to the prohibition. ORM may grant an exception for ISU volunteer services in this category. ISU volunteers in this category are required to complete a specific Volunteer Agreement. The following are examples:

Electrical or maintenance/repair activities that require university lockout/tagout procedures Maintenance procedures that require an individual to place any part of his or her body into

an area where an associated danger zone exists Any activity that requires the use of fall protection or safety restraints Entry into identified confined spaces (see Confined Spaces Policy) Any activity that is considered inappropriate for employees Entry into any contract or making a commitment or expenditure of university funds,

including access to or use of P-Cards. Individuals who volunteer to ISU may not sign a contract on behalf of the university

Services that involve export controlled materials, information, commodities, technology, and software

Operation of construction-type heavy equipment (i.e. skid loader, backhoes, dump trucks, fork trucks, scissor lifts, mechanized farm equipment)

Services that involve Select Agents (see Select Agents and Toxins Policy)

FCRA and FLSA: Application to Volunteers? No...but maybe

FLSA does not cover volunteers, but it does give guidance on what it takes to be a volunteer – otherwise Department of Labor might find the person is an employee entitled to minimum wage and overtime.

The volunteer performs services without promise, expectation, or receipt of compensation for services rendered (some expenses or reimbursements allowed – can’t be tied to productivity)

The volunteer offers the services freely without coercion from the employer

The volunteer is not otherwise employed by the employer to perform the same or closely related services

From Department of Labor Regulations

Public Sector VolunteersPublic sector employees may volunteer to do different kinds of work in the jurisdiction in which they are employed, or volunteer to do similar work in different jurisdictions. The Department of Labor's Regulations 29 C.F.R. §553.103, define "same type of services" to mean similar or identical services. In general, DOL would consider the duties and other factors … in determining whether the volunteer activities constitute the "same type of services" as the employment activities. Equally important is whether the volunteer service is closely related to the actual duties performed by or responsibilities assigned to the employee who "volunteers."

DOL Regulations - Volunteers

Subpart B—Volunteers § 553.100 General Section 3(e) of the Fair Labor Standards Act, as

amended in 1985, provides that individuals performing volunteer services for units of State and local governments will not be regarded as “employees” under the statute. The purpose of this subpart is to define the circumstances under which individuals may perform hours of volunteer service for units of State and local governments without being considered to be their employees during such hours for purposes of the FLSA.

Continued

§ 553.101 “Volunteer” defined. (a) An individual who performs hours of service for a public agency for

civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. …

(b) Congress did not intend to discourage or impede volunteer activities undertaken for civic, charitable, or humanitarian purposes, but expressed its wish to prevent any manipulation or abuse of minimum wage or overtime requirements through coercion or undue pressure upon individuals to “volunteer” their services.

(c) Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied, from an employer.

(d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.

DOL and Public Agency

§ 553.102 Employment by the same public agency.

(a) Section 3(e)(4)(A)(ii) of the FLSA does not permit an individual to perform hours of volunteer service for a public agency when such hours involve the same type of services which the individual is employed to perform for the same public agency. …

CIW, YAP and Volunteers

We are available to assist anyone with questions concerning these policies:Office of Risk Management 294-7711

Steve Wieneke, Susie Johnson or Deb SunstromOffice of University Counsel 294-5352

Keith BystromAssistance with kid-safe environments and related training:Extension & Outreach/4-H Youth Development

Mitch Hoyer 294-1531Thank you for attending!

QUESTIONS?