Compliance and Ethics
Compliance and Ethics
Why has Southern Miss adopted this policy?
The University has adopted the Minors on Campus Policy to provide guidance for those in the university community who participate in programs or activities that involve minors under the age of 18. The primary goal of the policy is to promote the well-being and safety of minors who participate in programs run by or associated with the University
Pursuant to the Minors on Campus policy, what must be completed before holding a camp/event on the campus of The University of Southern Mississippi?
|Description||Link||Additional Information||Send Documentation To|
|Background Check Request
||https://forms.usm.edu/human-resources/view.php?id=17461||After the form is completed, the individual will receive a request to confirm that they allow this background check to be performed. The person listed on the Background Check Request will be advised as to the request of the background check.||HR by submitting form|
|Completion of Minors on Campus Training||Log into the Compliance Training System using the link on the following page: Training webpage||Access the Compliance Training button on the page.||Please provide a roster with the name, ID number if you have one, and email address of all individuals who need training. Email the roster to email@example.com with a note asking for assignment of the Minors on Campus course.|
|Provide a copy of the policy to all authorized adults/program staff for review||https://usm.policystat.com/?lt=xQcDn92ILzmZJjBMBHMlmh&next=%2Fpolicy%2F7128478%2Flatest%2F||Program should keep a list verifying who has received the policy and reviewed it.|
|Have all authorized adults/program staff sign an acknowledgment that they have read and understand the policy||See https://usm.policystat.com/?lt=xQcDn92ILzmZJjBMBHMlmh&next=%2Fpolicy%2F7128478%2Flatest%2F||listed as Form A in the attachments to the policy||The Program should retain the signed documentation, which is subject to audit from The Office of Compliance and Ethics.|
|Individuals who are volunteers must sign a volunteer form available on the HR site||https://www.usm.edu/sites/default/files/groups/employment-hr/pdf/volunteer_data_form_rev_1_2019.pdf||It only applies to people who are non usm personnel. If someone is already an active employee, they do not need to fill out the form.||Submit to HR in paper form or via interoffice mail as this form contains personal information.|
|Be sure that any applicable medical forms are filled out.||see https://usm.policystat.com/?lt=xQcDn92ILzmZJjBMBHMlmh&next=%2Fpolicy%2F7128478%2Flatest%2F||Waiver of Consent for Medical Treatment Self-Administration of Prescription Medication or the Over-the-Counter Medication and Medication Administration Record||Please keep forms in your files.|
|Waiver of Liability||e-mail firstname.lastname@example.org||We do not provide individuals with liability insurance. We do require individuals to sign the waiver of liability stating that they assume all risks incidental to participating in the camp. When an individual engages in a camp, they do so assuming the risks incidental to participation.||Keep these signed documents in your files.|
What type of program is covered under this policy?
All programs involving children and teens under age 18 fall under the new policy. Examples include:
Specialty camps such as academic or athletic camps
Workshops, conferences, and educational programs
Sponsored student organization activities
Programs and events involving children that take place in University facilities or on University property
Does the Policy apply to every encounter with a child or minor on campus?
No. There are some scenarios that are exempt from the policy. Examples include:
I’m not involved in any programs involving minors at Southern Miss. Does the policy apply to me?
If you are not involved in any programs or activities involving minors, many of the provisions of the policy will not apply to you. Everyone, however, is expected to do the following:
1) Review the policy;
2) Help to protect the safety and well-being of minors with whom they may interact; and
3) Report known or suspected abuse or neglect of a minor.
The policy does not apply to personal activities that are apart from your role or responsibilities as a student, faculty member or staff member, but the guidance provided by the policy may be helpful and important in non-university contexts.
I’m a student over the age of 18 who is working in a program involving minors as a camp advisor. Does the policy apply to me?
Yes, all faculty, staff, and students who are involved in programs or activities involving minors that are sponsored by the University or occur on its campuses must comply with this policy.
Our department sponsors an enrichment camp on campus each summer. We routinely have volunteers from outside the University come in to assist us with the camp as program staff.
Will our volunteers be subject to the background check requirements and training required by the policy?
Yes. The background checks and training requirements are applicable for all authorized adults or program staff which includes those persons who are merely volunteers.
In our program for minors, we frequently have guest speakers who present information
to the children and interact with them.
Will this policy require our guest speakers to go through a background check and/or training?
No. The policy definition of an authorized adult excludes temporary guest speakers, presenters and other individuals who have no direct contact with the minor program participants other than short-term activities supervised by program staff.
I am a faculty member and the director of a summer program for high school students.
Throughout the year, students frequently stop by my office to discuss various issues
related to the program.
Are these drop-in visits prohibited under the policy?
No, provided that the visit occurs during normal business hours and the inside of your office can be observed from common areas (e.g., leaving your office door open; having a window in the door of your office which would allow passersby the ability to observe your interactions).
The policy prohibits one-on-one contact with minors in non-public areas or those places that are not common areas, cannot be observed from a common area, and which are not monitored by video surveillance equipment approved by the University Police Department. While your office is a non-public area, if your office can be observed from a common area (such as a hallway), then one-on-one contact is not prohibited, provided it is during business hours or such other times as one would reasonably anticipate others would be present.
If, however, the drop-in visit occurred at 7:00 p.m. on a Wednesday night, and you were the only employee working late in your department, then it would be prohibited. The ability of passersby to observe your office from the common areas must occur during normal business hours or when one would reasonably anticipate others would be present.
I teach private violin lessons in University facilities.
Will this policy apply to me?
Yes. Anyone teaching private lessons of any kind to minors on University property must comply with this policy. This means that a background check must be on file, the teacher must complete the mandatory annual training, and two Southern Miss authorized adults must be present during the instruction if the instruction will be conducted in a non-public area that cannot be observed from a common area. If two authorized adults cannot be present during a private lesson, we require the presence of a parent. In the case of a music lesson, the parent may sit in the hallway immediately outside the studio or classroom. If this is not possible, parents may sign a waiver form giving consent for their child to be alone with an adult instructor.
However, if the instruction is held in a room with a window in the door or the door is left open, then no second authorized adult will be required (assuming that the instruction is held during such times as other persons are present). Indeed, if the lesson takes place outside of normal business hours or during other times when others are not normally present, then the fact that the lesson is given in a room with a window or open door is of no consequence. Another authorized adult or parent must be present.
I give private tennis lessons to children on the University tennis courts. Must I have another authorized adult present during the lessons?
No. The policy prohibits one-on-one contact with minors in non-public areas. Because the tennis court is located in an open and public area, a second authorized adult is not required.
I am a counselor for a summer camp on campus. Many times after the camp has ended,
I will email the kids in my camp to see how they are doing.
Will I be able to continue doing this under the new Minors on Campus policy?
Yes, as long as you include as a recipient to the email another authorized adult. The one-on-one contact our policy prohibits includes electronic communication, such as social media, email, and texting. However, as long as you always include another authorized adult, parent or legal guardian in any electronic communication you have with a minor, this is acceptable.
When might I need to make a report under the Minors on Campus Policy?
If you are participating in a program or activity involving minors and you know or have reason to suspect that a minor has been subject to abuse or neglect or is otherwise unsafe, you must make a report.
What if I’m not sure whether a minor I’m working with has been abused or neglected?
If you have any suspicion that a child has been abused or neglected, report it. Even when you have doubts, it is better to report your suspicions than to ignore them. Neither Mississippi law nor any University policy allows you to delegate the duty to report child abuse or neglect.
How do I make a report to the University?
To make a report of child abuse or neglect, you must do the following:
a. Inform the University Police Department or other appropriate law enforcement agency, and if the suspected assault or abuse presents an imminent danger to a Minor, contact should occur immediately;
b. Report the activity to the Mississippi Department of Human Services by calling the Abuse hotline and provide a written report to the Department of Human Services as soon thereafter as possible. See Miss. Code Ann. § 43-21-353; and
c. If the Minor is a participant in a Program, notify the Title IX Coordinator or designee as well as the Program Director. If, however, the Program Director may be involved in the suspected assault or abuse, the person should report the suspected assault or abuse directly to the University’s Title IX Coordinator or designee.
What training am I required to have in order to participate in a program involving minors?
Program or activity directors, staff, volunteers and all authorized adults working with minors in university programs or activities are required to do the following annually:
a. Review the University’s Minors on Campus Policy and certify that they have done so;
b. Attend mandatory training provided by the sponsoring unit or program which will provide information about the responsibilities and expectations under the minors on campus policy, emergency response, reporting of suspected abuse, among other things; and
c. Contact email@example.com to discuss options for general child abuse training.
Who will provide the training?
Each department or academic unit (Sponsoring Unit) offering a program for minors is responsible for training its program staff covered by the policy and is permitted the flexibility to design a method for training best suiting its needs. Additionally, online training is provided through the Office of Compliance and Ethics online compliance course system.
I’m a student participating in a program involving minors. Do I need any training?
Yes. All individuals working with minors in University programs or activities are required to complete the above training annually.
Our group is not affiliated with the University. However, we are using the University facilities for a summer youth camp. Are we required to train our program staff?
Yes. All programs that involve minors occurring on University property must follow the training requirements in accordance with the Minors on Campus policy.
Why is the University requiring criminal background checks prior to participating in activities involving minors?
The University is committed to promoting the well-being and safety of children who participate in University programs or activities and in programs that outside organizations deliver on campus. Criminal background checks may reveal prior convictions that would make it inappropriate for someone to participate in a program or activity with minors.
How often is a background check needed?
Background checks are conducted annually as it relates to the “Minors on Campus” policy for all event and camp program staff/authorized adult supervisors - whether paid or unpaid - or regardless of affiliation with the university.
Who is required to have a criminal background check?
All authorized adults/program staff are required to complete a criminal background check. Authorized adults are defined as individuals, paid or unpaid, 18 years or older, who interact with, supervise, chaperone, or otherwise oversee minors in program activities, or recreational, and/or residential facilities. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants. The Authorized adults’ roles may include positions as counselors, chaperones, coaches, instructors, etc.
However, background checks are not required for temporary guest speakers, presenters or other individuals who have no direct contact with program participants other than short-term activities supervised by program staff.
I am operating a program involving minors. How do I arrange for background checks for my staff?
University Human Resources oversees the processing of criminal background checks for University programs and activities. You will need to fill out the background check form.
We are an outside group not affiliated with the University that wants to hold a retreat
on campus this summer.
What is a program not affiliated with USM required to do in order to do to hold a retreat on campus this summer?
Non-University organizations that wish to operate programs or activities involving minors on campus must comply with the University’s Minors on Campus Policy, including requirements relating to reporting suspected abuse or neglect of minors, completing all relevant training, and background checks.
Prior to the start of any program or activity involving minors, Non-University organizations must deliver the following before authorization of use of University facilities may be given:
a. A signed Facilities Use Agreement setting forth the specific facilities to be used, the dates and hours of permitted access and other terms applicable to such use;
b. A signed Safety of Minors Addendum wherein non-university organizations represent and certify that the program meets all the requirements for programs set forth in this policy, including without limitation, all provisions concerning training, staff to participant ratios, and background checks of all authorized adults;
c. A signed Release and Indemnification Agreement in a form acceptable to the Office of General Counsel releasing the University from all liabilities and claims for damages from any cause whatsoever and defending and holding the University harmless against any and all claims arising from the actions of the non-university organization, its employees or volunteers, and from any failure to conform to the requirements of this policy; and
d. An additional insured endorsement and a certificate of insurance written on an occurrence form issued by a carrier with an A.M. Best rating of at least A- (Excellent) Financial Size Category VII or higher which identifies The University of Southern Mississippi, its Board of Trustees, faculty, staff and agents as an “Additional Insured” and provides a minimum of one million dollars in liability coverage.
Additionally, liability waiver agreements of the organization should plainly state that the organization’s program or activity is neither endorsed nor sponsored by The University of Southern Mississippi.
My program has unique circumstances, and I’m not sure how to implement the policy. What should I do?
The Office of General Counsel and the Director of Compliance and Ethics are committed to working with programs with unique circumstances to help them identify how best to comply with the policy. Those with questions are encouraged to contact Subrina Cooper, Associate General Counsel, at 601.266.4466 / Subrina.CooperFREEMississippi or Paul Walters, Director of Compliance and Ethics, at 601.266.4466 / Paul.WaltersFREEMississippi.%C2%A0
Where on the USM website can I view additional information about the Minors on Campus Policy?
Click on the Policies and Procedures link below and click on Minors on Campus